In order to conserve time, effort, and expense
throughout the subdivision review process, the developer shall comply
with the procedural guidelines set forth in this article. The detailed,
step-by-step procedures have been established to coordinate efforts
between the developer, Board of Township Supervisors, Planning Commission,
and other review agencies. A procedural guide for use by all developers
is included in the Appendix (Exhibit No. 2[1]).
[1]
Editor's Note: The Appendix material to this
chapter is on file in the Township offices.
A.
There shall be no subdivision of any tract of land,
nor shall any improvements in conjunction with the subdivision be
constructed for public or private use, except in accordance with the
procedural provisions contained in this article. It is the sole responsibility
of the developer to comply with all procedural requirements.
B.
A developer shall not proceed with any improvements
within a subdivision until the Board of Supervisors grants approval
of the preliminary plan for the subdivision. Furthermore, lots may
not be sold or transferred nor any deeds recorded for any lots in
the plan without the developer obtaining from the Township Supervisors
the unconditional approval of the final plan.
A developer seeking approval of a subdivision
plan proposed for any land within the jurisdiction of Lawrence Township
under this chapter shall follow the procedures and submit the information
outlined in this section.
A.
Step 1: Preapplication conference.
(1)
The developer is strongly encouraged to meet informally
with the staff of Lawrence Township assigned subdivision administrative
responsibility by the Board of Township Supervisors. The staff will
advise the developer on procedures and requirements, and suggest professional
assistance where appropriate. The developer should be prepared to
discuss details concerning the proposed subdivision and be prepared
to submit the following:
(a)
Sketch plan. The sketch plan should show the
proposed layout of streets, lots, existing conditions, and improvements.
The sketch plan will be for review and comment purposes only, and
shall never be considered as a plan which has been submitted for approval.
A suggested format for the sketch plan is included in the Appendix
(Exhibit No. 2).[1]
[1]
Editor's Note: The Appendix material to this
chapter is on file in the Township offices.
(b)
Floodplain determination. The developer must
be prepared to locate the proposed boundaries of the development on
the applicable floodplain map.
(2)
After this conference with the developer, the Township
staff will indicate the suitability of the plan for further consideration
and submittal of a preliminary or final plan to the Board of Township
Supervisors.
B.
Step 2: Preparation and submittal of the preliminary
plan, supporting data, subdivision application and fee.
(1)
The initial plan filed with the Board of Lawrence
Township Supervisors for subdivision review shall be considered as
a preliminary plan. However, if the plan and supporting data comply
in all aspects with the requirements for both preliminary and final
plans, the Township Supervisors may in the case of a minor subdivision
involving no new improvements proceed to final action at the first
consideration of the plan after review and recommendation by the Township
Planning Commission.
(2)
The preliminary plan is not intended for recording.
Its purpose is to show graphically all facts needed to enable the
Township Supervisors to determine whether the proposed subdivision
will comply with the objectives and requirements of this chapter.
The preliminary plan must comply with all of the standards and requirements
outlined in this chapter. A suggested format for the preliminary plan
is included in the Appendix (Exhibit No. 7).[2]
[2]
Editor's Note: The Appendix material to this
chapter is on file in the Township offices.
(3)
The preliminary plan and supporting data shall comply with the requirements of Article V of this chapter.
(4)
Four copies of the preliminary plan shall be submitted
to the Board of Township Supervisors by the developer. Four copies
of any supporting data must be submitted with the plans. The Township
Supervisors may table until their next meeting any plan which is not
filed at least 10 days in advance of the regular monthly meeting or
any special meeting.
[Amended 12-2-1997 by Ord. No. 97-7]
(5)
Upon receipt of an application for a subdivision or
land development, a copy of same shall be forwarded to the Lawrence
Township Planning Commission and the Clearfield County Planning Commission
for their review and report. If any fee is charged by the Township
or county for such service, it shall be borne by the developer. The
Township Supervisors cannot, by law, approve applications until the
County Planning Commission report is received or until the expiration
of 30 days from the date the application was forwarded to the county.
(6)
The appropriate application form is available at the
Lawrence Township Municipal Building (and included in the Appendix,
Exhibit No. 3),[3] and must be completed and submitted with an application
fee. The appropriate fee will be outlined on a Schedule of Fees established
and approved by the Board of Lawrence Township Supervisors. This Schedule
of Fees may be revised from time to time by the Township Supervisors.
A copy of the current Schedule of Fees is on file at the Lawrence
Township Municipal Building.[4]
(7)
The application will not be considered complete for
review until all plans, supporting data, the application form, and
the fees have been submitted to the Township administrative staff.
The Township's administrative staff will determine when an application
is complete for review by the Planning Commission before submission
to the Board of Supervisors for consideration of approval. Review
times established herein shall comply with those required by the Pennsylvania
Municipalities Planning Code, but will not commence until complete
applications are submitted.
C.
Step 3: Preliminary plan review.
(1)
The Township Planning Commission will review the preliminary
plan and supporting data to determine compliance with this chapter
and make its comments and recommendations known to the Board of Township
Supervisors, in writing. Before submitting its recommendations to
the Township Supervisors, the Planning Commission may hold a public
hearing thereon after proper public notice.
(2)
The decision of the Board of Township Supervisors
to approve, conditionally approve, or deny approval shall be made
at a public meeting and be communicated to the developer within 90
days following the date of the next regular meeting following the
filing date of the application. In the event that there is no meeting
within 30 days after the date the complete subdivision application
was filed, the Township Supervisors must render a decision within
120 days after the filing of the complete application. The decision
of the Board of Township Supervisors shall be in writing and be communicated
to the developer personally or mailed to him at his last known address
no later than 15 days following the decision.
(3)
The Township Supervisors may grant approval of a preliminary
plan with conditions which are subject to acceptance by the developer.
The decision of the Township Supervisors to grant the approval with
conditions shall be in writing and communicated to the developer personally
or mailed to him at his last known address no later than 15 days following
the decision. The written decision must list all conditions which
must be satisfied prior to the granting of an unconditional preliminary
approval. The developer must accept or reject, in writing, any conditions
within 30 days of receipt of the written decision. Approval of the
plan shall be automatically rescinded on rejection of the conditions
by the developer or failure by the developer to accept or reject such
conditions within the thirty-day time period.
(4)
When the application, plans, and/or supporting data
are not approved by the Board of Township Supervisors, the decision
shall specify the defects found in the submittals, describe the requirements
which have not been met, and cite the specific provisions of the chapter
on which the decision has been made by the Township Supervisors.
(5)
Failure of the Township Supervisors to render a decision
and communicate it to the developer within the time and in the manner
required herein shall be deemed an approval of the application in
terms as presented, unless the applicant has agreed, in writing, to
an extension of time or change in the prescribed manner of communicating
the decision.
D.
Step 4: Other agency revisions and approvals. Following
approval of the preliminary plan, and before review of the final plan
by the Planning Commission before referral to the Township Supervisors,
the developer must coordinate his development activities with other
local, state and federal agencies to ensure compliance with other
requirements from the respective agencies. The Township staff will
provide a list of review agencies to the developer. Neither the Planning
Commission nor the Township Supervisors will review any final plan
until evidence has been received by them that the developer has complied
with all requirements of the review agencies. This evidence must be
in the form of a comment letter, approval, permit and/or improvement
guarantee. Samples of forms which may be utilized for comments and
approvals are contained in the Appendix.
E.
Step 5: Approval from Pennsylvania Department of Transportation/Department
of Environmental Protection and/or Clearfield County Sewage Enforcement
Officer.
(1)
PennDOT. No plan which will require access to a highway
under the jurisdiction of the Pennsylvania Department of Transportation
shall be finally approved unless the plan contains a notice that a
highway occupancy permit is required pursuant to Section 420 of the
Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway
Law,"[5] before driveway access to a state highway is permitted.
The plan shall be marked to indicate that access to the state highway
shall be only as authorized by a highway occupancy permit. Lawrence
Township shall not be held liable for damages to persons or property
arising out of the issuance or denial of a driveway permit.
[5]
Editor's Note: See 36 P.S. § 670-420
et seq.
(2)
Pennsylvania Department of Environmental Protection
(PADEP) and/or County SEO. Compliance with Act 537 (Pennsylvania Sewage
Facilities Act),[6] as amended, is absolutely essential before final approval
of the plan may be rendered by the Board of Township Supervisors.
Normally, evidence of compliance with Act 537 will be required before
the Planning Commission will complete its review and make its recommendations
to the Township Supervisors. The Township Sewage Enforcement Officer
should be contacted for guidance with respect to DEP review of the
plan, the need for soil testing and/or a planning module (which must
be approved by DEP after appropriate action by the Board of Township
Supervisors to amend/revise the Township's sewage facilities plan
as appropriate).
[6]
Editor's Note: See 35 P.S. § 750.1
et seq.
F.
Step 6: Preparation and submittal of the final plan,
supporting data, and subdivision application.
(1)
The final plan shall be prepared by a registered surveyor or engineer, comply with the requirements of § 107-19 of this chapter, and conform to the approved preliminary plan. A suggested format for the final plan is included in the Appendix.
(2)
The developer may submit the plan in phases for final
approval. The developer shall submit four copies of the final plan
to the Board of Township Supervisors. Four copies of any supporting
data must be submitted with the plans. The Township Supervisors may
table until their next meeting any plan which is not filed at least
10 days in advance of the regular monthly meeting or any special meeting.
The application will not be considered complete for review until all
plans and supporting data have been submitted to the Township staff
designated for administration of this chapter. Staff will determine
when an application is complete for review by the Planning Commission.
[Amended 12-2-1997 by Ord. No. 97-7]
G.
Step 7: Final plan review.
(1)
The Planning Commission will review the final plan
and supporting data to determine compliance with this chapter. Before
acting on any subdivision plan, the Planning Commission or Board of
Township Supervisors, or both, may hold a public hearing thereon after
proper public notice. Upon receipt of an application for a subdivision
or land development, a copy of same shall be forwarded to the Clearfield
County Planning Commission for its review and report. If any fee is
charged by the county for such service, it shall be borne by the developer.
The Township Supervisors cannot, by law, approve applications until
the county report is received or until the expiration of 30 days from
the date the application was forwarded to the county.
(2)
The decision of the Township Supervisors to approve,
conditionally approve, or deny approval shall be made at a public
meeting and be communicated to the developer within 90 days following
the date of the next regular meeting following the filing date of
the application. In the event that there is no meeting within 30 days
after the date the complete subdivision application was filed, the
Township Supervisors must render a decision within 120 days after
the filing of the complete application. The decision of the Board
of Township Supervisors shall be in writing and communicated to the
developer personally or mailed to him at his last known address no
later than 15 days following the decision.
(3)
The Township Supervisors may grant approval to a final
plan with conditions which are subject to acceptance by the developer.
The decision of the Township Supervisors to grant the approval with
conditions shall be in writing and communicated to the developer personally
or mailed to him at his last known address no later than 15 days following
the decision. The written decision must list all conditions which
must be satisfied prior to the granting of an unconditional final
approval by the Township Supervisors. The developer must accept or
reject, in writing, any conditions within 30 days of receipt of the
written decision. Approval of the plan shall be automatically rescinded
on rejection of the conditions by the developer or failure by the
developer to accept or reject such conditions within the thirty-day
time period.
(4)
When the application, plans and/or supporting data
are not approved by the Township Supervisors, the decision shall specify
the defects found in the submittals, describe the requirements which
have not been met, and cite the specific provisions of the chapter
on which the decision has been made.
(5)
Failure of the Township Supervisors to render a decision
and communicate it to the developer within the time and in the manner
required herein shall be deemed an approval of the application in
terms as presented, unless the applicant has agreed, in writing, to
an extension of time or change in the prescribed manner of communicating
the decision.
H.
Step 8: Recording of final plan and deeds.
(1)
Within 90 days after approval of the final plan by
the Township Supervisors and before conveyance of any deed out of
the plan, the developer shall record the approved final plan with
the Recorder of Deeds of the County of Clearfield. The developer shall
be responsible for the payment of any recording fee.
(2)
The Recorder of Deeds shall not accept any plan located
in the Township of Lawrence, Clearfield County, for recording unless
such plan officially notes the approval of the Board of Lawrence Township
Supervisors.
(3)
The approval action of the Township Supervisors shall become null and void if the plan is not recorded within 90 days. The recorded plan shall include all applicable certifications as noted in Article V and the exhibits of this chapter.[7]
[7]
Editor's Note: Said exhibits are on file in
the Township offices.
(4)
The recording of the final plan shall not constitute
grounds for assessment increase until such time as lots are sold or
improvements are installed on the land within the approved plan. All
deeds of lot(s) conveyed from the recorded subdivision shall identify
all infrastructure improvements serving this/these lot(s).
After a plan has been approved and recorded
in accordance with this chapter, all streets and public grounds on
the plan shall become a part of the Official Map of the Township without
a public hearing.
A.
From the time an application for approval of a preliminary
or final plan is duly filed as provided in this chapter, and while
such application is pending approval or disapproval, no change or
amendment of this chapter shall affect the decision on such application
adversely for the applicant, and the applicant shall be entitled to
a decision in accordance with the provisions of the governing chapter
as it stood at the time the application was duly filed. In addition,
when a preliminary application and plan have been duly approved, the
applicant shall be entitled to final approval in accordance with the
terms of the approved preliminary application. However, if an application
is properly and finally denied, any subsequent application shall be
subject to any intervening change in governing regulations.
B.
When an application for approval of a preliminary
or final plan has been approved without conditions or approved by
the applicant's acceptance of conditions, no subsequent change or
amendment in this chapter shall be applied to affect adversely the
right of the applicant to commence and to complete any aspect of the
approved development in accordance with the terms of such approval
within five years from such approval. Where final approval is preceded
by preliminary approval, the five-year period shall be counted from
the date of the preliminary approval.
C.
In the case of any doubt as to the terms of a preliminary
approval, the terms shall be construed in light of the provisions
of this chapter as they stood at the time when the application for
such approval was duly filed.
D.
In the case of a preliminary plan calling for the
installation of improvements beyond the five-year period, a schedule
shall be filed by the developer with the preliminary plan delineating
all proposed sections as well as deadlines within which applications
for final plan approval of each section are intended to be filed.
Such schedule shall be updated annually by the applicant on or before
the anniversary of the preliminary plan approval, until final plan
approval of the final section has been granted, and any modification
in the aforesaid schedule shall be subject to approval of the Township
Supervisors at its discretion. Each section in any residential subdivision,
except for the last section, shall contain a minimum of 25% of the
total number of dwelling units as depicted on the preliminary plan,
unless a lesser percentage is approved by the Township Supervisors
at its discretion. Provided the developer has not defaulted with regard
to or violated any of the conditions of the preliminary plan approval,
including compliance with landowner's aforesaid schedule of submission
of final plans for the various sections, then the aforesaid projections
afforded by substantially completing the improvements depicted on
the final plan within five years shall apply and for any section or
sections, beyond the initial section, in which the required improvements
have not been substantially completed within said five-year period,
the aforesaid projections shall apply for an additional term or terms
of three years from the date of final plan approval for each section.
Failure of the developer to adhere to the aforesaid schedule of submission
of final plans for the various sections shall subject any such section
to any and all changes in this chapter enacted by the Township of
Lawrence subsequent to the date of the initial preliminary plan submission.
A.
Proposed amendments to recorded plans must be submitted
to the Planning Commission for review and comment before submission
to the Board of Township Supervisors for approval. If there are modifications
to streets, easements, rights-of-way, sanitary and/or storm sewers,
the appropriate agency must be notified and written approval received
prior to final approval being granted by the Township Supervisors
for the proposed modification(s).
B.
Amendments to a recorded plan can be approved by the
Township Supervisors under the following conditions:
(1)
The developer shall notify all persons owning lots
in the recorded plan by return receipt mail of the nature of the proposed
amendment(s), and the date, time, and place the Township Supervisors
shall consider the proposed amendment(s). Proof of this notification
shall be submitted to the Board of Township Supervisors.
(2)
No lot shall be created that is smaller than the minimum lot sizes required by this chapter or Chapter 125, Zoning.
(3)
No changes may be made to easements reserved for drainage.
(4)
No lot shall be created which does not abut on an
approved public or private street.
(5)
There shall be no negative impact on the character
of the development.
C.
Where the proposed amendment involves the changing of lot and/or street lines, easements or other improvements, the developer shall prepare a plan amendment in accordance with § 107-19 of this chapter, and submit the proposed plan amendment with supporting data for review by the Commission, the developer shall record the plan amendment in accordance with § 107-12H. All such amended plans shall provide a reference to the Plan Book number and page, and date of the recording of the originally approved plan.
[Amended 12-2-1997 by Ord. No. 97-7]
A.
A subdivision plan shall be considered as a minor
subdivision if the proposed plan meets the following conditions:
(1)
The proposed subdivision contains more than five lots
and less than 10 lots (including the residual tract), and if the subdivision
is more than five lots, all of said lots shall have direct and sufficient
frontage on an existing public street; and
(2)
No new construction or extension of public sewer and/or
water lines is required to serve any or all of the lots.
B.
At the discretion of the Board of Township Supervisors, a developer seeking approval of a minor subdivision under this section may disregard the preliminary plan preparation and review procedures, and proceed directly to final plan review after compliance with §§ 107-18 and 107-19 of this chapter. All applicable steps in the final plan procedure shall apply to a minor subdivision under this section. (See Exhibit No. 1 in the Appendix, "Road to a Subdivision."[1])
[1]
Editor's Note: The Appendix material to this
chapter is on file in the Township offices.
[Added 12-2-1997 by Ord. No. 97-7]
A subdivision plan shall be considered a minor
subdivision-A if the proposed plan meets the following conditions:
A.
The proposed subdivision contains five lots or less
(including the residual tract); and
B.
No prior subdivisions have been granted as to the
property or properties involved.
C.
The application for a minor subdivision-A shall be
limited to the following:
(1)
A survey of the tract to be subdivided shall be prepared
by a certified surveyor or engineer containing the following items:
(a)
The preliminary plan shall be prepared at a
scale of no less than 50 feet to the inch and no more than 200 feet
to the inch unless the Lawrence Township Supervisors, in their discretion,
permit a different scale to be used;
(b)
Subdivision name or identifying title;
(c)
Municipality and county in which the subdivision
is located (Lawrence Township, Clearfield County);
(d)
North arrow, graphic scale and the date of the
plan;
(e)
Name and address of the owner of the property;
(f)
Name of the person who prepared the survey;
(g)
Total number and use of all lots;
(h)
Zone district in which the subdivision is located and evidence of its compliance with Chapter 125, Zoning;
(i)
Tract boundaries with total acreage of the property;
(j)
A "key" map showing the location of the property;
(k)
All existing property lines, easements or rights-of-way
and the purpose for which the easements or rights-of-way have been
established;
(l)
Any protective covenants applied by the developer
to the plan of lots shall be placed directly on the final plan drawings
or as an attachment for recording with the Recorder of Deeds; and
(m)
Sufficient space for necessary certifications,
dates, and signatures. The sheet size must be acceptable to the Clearfield
County Recorder of Deeds for recording purposes.
(2)
The application submitted with the survey shall include:
(a)
Location and width of all proposed streets and
right-of-way easements;
(b)
At the discretion of the Supervisors, a proposed
layout of water distribution, sewage collection, and stormwater drainage
systems;
(c)
Minimum building setback lines;
(d)
Availability of water, electricity, sewage,
and CATV at the site;
(e)
An agreement to provide water services from
a cooperative association of lot owners, or a written agreement from
a municipal authority or utility that a community water supply is
available;
(f)
Where the subdivision lies partially or completely
in the floodplain area or where the development borders on the floodplain
area, the application shall include detailed information giving the
location and elevation of proposed roads, public utilities and building
lots; the plan shall also accurately identify the boundaries of the
one-hundred-year floodplain;
(g)
Evidence of compliance with Pennsylvania Sewage
Facilities Act, County Sewage Enforcement Officer evaluation and DEP
approved planning module;
(h)
Stormwater management plan;
(i)
The presence of any wetlands within the subdivision;
and
(j)
Certification that party submitting the application
is the owner of the properties involved or has power of attorney to
act in the owner's behalf.
(3)
Private drives.
(a)
Private drives shall be permitted under this
section where the original tract or lots to be subdivided have no
other access to a public road.
(b)
The right-of-way width of a private drive shall be at least 20 feet. All private drive rights-of-way must be surveyed, and bearings and distances must be shown on the survey submitted under Subsection C(1). The survey must note that the street(s) is/are private and that Lawrence Township has no present or future obligations for maintenance.
(c)
The applicant shall provide written evidence
of the existence of a right-of-way that crosses other property to
a public road.
(d)
No private drive having a right-of-way of under
50 feet in width will be taken into the Lawrence Township road system.
(4)
Sheet size for plans shall be not less than 18 inches
by 24 inches in size and not more than 24 inches by 36 inches in size
for all subdivisions. At Supervisors' discretion, other sheet sizes
may be accepted.
(5)
No other design standards shall be required for a
subdivision under this section.
