[1]
Editor's Note: The title of this Art. III was changed from
"Plan Processing Procedures" to "Plan Processing and Construction
Procedures," pursuant to Ord. No. 2006-11, adopted 11-1-2006.
The procedures set forth in this article shall be followed by
all applicants.
[Amended 10-2-2019 by Ord. No. 2019-04]
A.
Preapplication meeting. A preapplication meeting is recommended for
all subdivisions and land developments proposed within Schuylkill
Township. This meeting may occur at the regularly scheduled Planning
Commission meeting, or with the Township Engineer and/or staff and
is used to discuss the applicant's objectives, and to schedule
site visits, meetings and plan submissions as described below. Applicants
are encouraged to present the existing features inventory, based on
existing published data, at this meeting. A preapplication meeting
shall not constitute a formal submission but provides an opportunity
to the applicant and the Township to discuss key issues before the
formal process begins. Applicants who request the Township Engineer's
time during the preapplication meeting, site visit and/or sketch plan,
shall complete an escrow form and payment, to cover the cost. The
escrow form is available at the Township building. Applicants wishing
to appear before the Planning Commission must notify the Township
seven days prior to the meeting to request that they be placed on
the agenda.
B.
Site visit. A site visit is required for all preliminary subdivision
and land development application submissions and recommended during
the optional sketch plan phase. A site visit completed during the
optional sketch plan phase, shall fulfill the site visit requirement
for the preliminary plan. The applicant arranges a site visit with
Planning Commission representatives and as applicable, representatives
of the Environmental Advisory Council, Historical Commission and Open
Space Commission. The applicant is advised to provide the existing
features inventory to all attending the site visit. When arranged
during the voluntary sketch plan process, the site visit shall not
constitute a formal submission. The purpose of the site visit is to
familiarize local officials with the property's existing conditions
and special features, to identify potential site design issues and
to provide an informal opportunity to discuss the site design concepts,
including the general layout of conservation land (if applicable)
and potential locations for proposed buildings and street alignments.
C.
Plan submissions.
(1)
Sketch plans. If an applicant chooses to prepare a sketch plan, the
plan should be submitted to Schuylkill Township no fewer than seven
days prior to the next Planning Commission meeting, in order for the
plan to be placed on the agenda. However, applicants who request a
review by the Township Engineer shall submit plans no fewer than 29
days prior to the next Planning Commission meeting, in order for the
plan to be placed on the agenda.
(2)
Preliminary plans. Preliminary plans must be submitted to Schuylkill
Township, accompanied by a completed application for subdivision and
land development, no fewer than 29 days prior to the next Planning
Commission meeting, in order for the submission to be placed on the
agenda.
D.
A sketch plan. A sketch plan is recommended for all subdivisions
and land developments proposed within Schuylkill Township, and its
preparation is at the discretion of the applicant. A sketch plan may
be submitted for either a subdivision or land development and is particularly
critical for conservation subdivisions that designate conservation
land. The sketch plan shall not constitute a formal submission but
provides an opportunity for the applicant and the Township Supervisors
or Planning Commission to discuss key issues and possible solutions
to anticipated problems before the formal process begins.
E.
Preliminary plan.
(1)
A preliminary plan is required for all subdivisions and land developments
proposed within Schuylkill Township, except that the following subdivision
and land development plans are exempt from the preliminary plan process
and may be submitted directly as final plans:
(a)
Land developments which involve a single, nonresidential structure
of less than 2,000 square feet of floor area on a previously approved
and recorded lot;
(b)
The provision of a second principal building of less than 2,000
square feet of floor area on a parcel which currently contains a single
principal building;
(c)
The addition to an existing nonresidential structure having
an area which is the equivalent of not more than 10% of the existing
gross floor area or 1,000 square feet, whichever is less;
(d)
The development of a single parcel which involves a single structure
containing not more than two units of occupancy;
(e)
A subdivision of three lots or less, provided that none of the
resulting lots would be of a size that could be further subdivided;
and
(f)
A plan which proposes to alter the location of lot lines between
existing residential lots, provided that the number of residential
units that could be constructed on either lot would not be increased
by the alteration.
(2)
The Township Supervisors may require a preliminary plan for the subdivisions
or land developments otherwise exempted above if they determine that
the plans could result in a significant change in traffic volumes
or patterns, or if due to unusual physical conditions, the proposal
could cause significant harm to the physical environment and the health,
safety, and welfare of the citizens of Schuylkill Township.
F.
Final plan. A final plan is required for all subdivisions and land developments proposed within Schuylkill Township. The final plan may represent a subdivision or a land development. A plan showing all information required for a final plan, which has been submitted as a preliminary plan pursuant to § 320-18 and for which either no changes have been required by the Township Supervisors or for which required changes have been incorporated, may be approved as a final plan.
G.
Submission of a land development plan in lieu of a subdivision plan.
A land development plan may be submitted in lieu of a subdivision
plan when review of a plan on a lot-by-lot basis would not be applicable.
A.
Order of submissions. Unless determined otherwise, all applications
for approval of a plan shall be submitted in the following order:
sketch plan, when offered by the applicants; preliminary plan (when
required and including the site visit); followed by the final plan.
Each required plan with all required copies shall be filed individually
and no subsequent plans shall be filed until such time as a decision
has been reached concerning the preceding plan. All requests to approve
a plan which has been previously denied shall be regarded as new applications
and shall follow the procedures for new plan submissions.
[Amended 10-2-2019 by Ord. No. 2019-04]
B.
Review period. A complete application for approval of a subdivision
or land development plan shall be filed with the Township Secretary,
who shall then submit it to the Planning Commission for review and
recommendation at their next regularly scheduled meeting. Supporting
data, required forms, and specifications for such plans shall accompany
the application. All applications shall be acted upon by the Township
Supervisors within 90 days of the submission to the Planning Commission,
with the following exception: When the next regularly scheduled meeting
of the Planning Commission falls more than 30 days after the filing
date of the complete application, the application shall be acted on
within 120 days of the filing date.
C.
Submission of amended or revised plans. After a complete application has been filed with the Township Secretary in accordance with § 320-12D(1) and the meeting has been advertised, the application shall be considered to be closed. The applicant shall not change or supplement the application at a meeting with information, data or other materials which should have been previously submitted with the application, and the application shall be considered as filed. If an applicant desires to change an application after it has been filed, the applicant shall withdraw the application by filing a request to withdraw, and shall submit another complete application in the form provided by the Township Supervisors, which shall be considered as filed on the date the applicant files it with the Township Secretary and pays the application fee. Notwithstanding the foregoing, the applicant shall be permitted to make minor revisions to the application, such as providing the street address or Tax Map number of the property or providing additional copies of documents or plans. The Township Supervisors, at its discretion, may permit other minor amendments or supplements at the time of the hearing in the interest of administrative economy which are not prejudicial to other parties or may continue the hearing.
D.
Schedule of steps.
(1)
The application shall be received by the Township Secretary. The
date of filing shall be stamped on the plan and on all supporting
documentation and the filing fee shall be submitted. The date of the
next regularly scheduled Planning Commission meeting shall also be
entered on the plan. A cursory examination of the application and
plan will be conducted to determine if the application generally conforms
to the requirements of this chapter. If the application is determined
to manifestly not comply with the general requirements of this chapter,
the application shall be returned, within five working days of filing,
with a letter indicating the specific provisions of this chapter that
have not been complied with.
(a)
A decision by the Township Secretary to return an application
as incomplete under the provisions of this section may be appealed
to the Township Supervisors within 30 days of notice. In the absence
of such appeal, the decision of the Township Secretary shall be deemed
to be final. Subsequent applications shall be deemed to be new applications.
(2)
Distribution of copies.
(a)
The Township Secretary shall distribute copies as follows:
(b)
When applicable, one copy each shall be submitted by the applicant
to:
[1]
Schuylkill Township Historical Commission.
[Added 12-7-2011 by Ord. No. 2011-12]
[2]
Chester County Health Department.
[3]
Schuylkill Township Fire Marshal.
[4]
Pennsylvania Department of Environmental Protection.
[5]
Pennsylvania Department of Transportation.
[6]
Chester County Conservation District.
[7]
U.S. Army Corps of Engineers (Philadelphia).
[8]
Township Open Space Commission.
[Added 4-4-2018 by Ord.
No. 2018-01]
[9]
Phoenixville Regional Planning Committee.
[Added 4-4-2018 by Ord.
No. 2018-01]
(3)
Recommendations of the Schuylkill Township Planning Commission, the
Chester County Planning Commission and other recommendations shall
be submitted to the Township Supervisors.
(4)
Township Supervisors' action:
(a)
If the Township Supervisors approve the plan, the Township Secretary
shall so certify thereon, and two copies of the approved plan shall
be given or mailed to the applicant, not more than 15 days after the
decision.
(b)
If the Township Supervisors disapprove the plan, the Township
Secretary shall notify the applicant, in writing, of the defects in
the application and shall describe the provisions of this chapter
that have not been met, not more than 15 days after the decision.
(c)
Approval shall be effective for three years only unless extended
by the Township Supervisors. After this three-year period, such approval
shall lapse and the applicant shall be notified. Where approval of
the final plan is preceded by preliminary plan, the three-year period
shall be counted from the date of approval of the preliminary plan.
(d)
When an application, whether preliminary or final, has been
approved without conditions or approved by the applicant's acceptance
of conditions, no subsequent change or amendment in this or other
governing ordinance shall be applied to adversely affect the right
of the applicant to commence and to complete any aspect of the approved
development in accordance with the terms of such approval for a period
not to exceed any period specified in Section 508 of the Pennsylvania
Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
(e)
The aforesaid period shall be counted from the date of preliminary
approval, or from the date of final approval if no preliminary approval
was required. In the case of any doubt regarding the terms of an approval,
the terms shall be construed in light of the provisions of the Subdivision
and Land Development Ordinance and plans as they stood at the time
when the application for such approval was duly filed.
(f)
Where the landowner has substantially completed the required
improvements as depicted upon the final plan within the aforesaid
five-year limit, or any extension as may be granted by the Township
Supervisors, no change of ordinance or plan enacted subsequent to
the date of filing of the preliminary plan shall modify or revoke
any aspect of the approved final plan pertaining to zoning classification
or density, lot, building, street or utility location.
(5)
The Township Supervisors may request that the applicant agree, in writing, to an extension of time to the review period specified in § 320-12B. In such case the Township Supervisors must render a decision before termination of the extended time period and communicate it, in the prescribed manner, to the applicant.
(6)
The applicant shall file the approved final plan with the Recorder
of Deeds of Chester County within 90 days of final approval by the
Township Supervisors. No lot, parcel, or part thereof may be offered
for sale, sold, or otherwise conveyed unless it has complied with
the provisions of this chapter and has been duly recorded in the office
of the Recorder of Deeds of Chester County.
The Township Supervisors may grant waivers or modifications
to one or more of the minimum requirements of this chapter when the
literal enforcement and compliance with mandatory provisions is shown
to the satisfaction of the Township Supervisors to be unreasonable,
to cause undue hardship because of peculiar conditions pertaining
to the land in question, or when an alternative can be demonstrated
to provide equal or better results, provided that such modification
is not contrary to the public interest and that the purpose and intent
of this chapter is observed.
A.
Requests for waivers. All requests for waivers or modifications shall
be in writing and shall accompany and be a part of the application.
The request shall fully state the grounds and facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of this chapter involved, and the minimum modification necessary.
B.
Waiver requests submitted to Planning Commission. The request for
modification shall be referred to the Schuylkill Township Planning
Commission and Township Engineer for advisory comments.
C.
Written records of waivers. The Township Supervisors shall maintain
a written record of all actions on all requests for modifications.
A.
Referral of applications to adjacent municipalities. The Township Supervisors may refer any application to an adjacent municipality for review and report. Failure to receive any report shall not have the effect of extending the maximum permitted review period or action by the Township Supervisors on the application as specified in § 320-12B.
B.
Referral to the Chester County Planning Commission. Applications
for subdivision and land development shall be forwarded upon receipt
by the Township Secretary to the Chester County Planning Commission
for review and report together with a fee as established by the Chester
County Planning Commission to cover the costs of the review and report;
such fee shall be paid by the applicant. Applications shall not be
approved until the review report from Chester County has been received
or until the expiration of 30 days from the date the application was
forwarded to the County.
The applicant shall be required to furnish a bond or escrow
fund and to pay fees and costs in accordance with Schuylkill Township
Fee Schedule.
[Added 11-1-2006 by Ord. No. 2006-11]
A.
Where construction of improvements is deferred until after plot plan
recording, the following procedures are required:
(1)
No occupancy permit for a lot shall be issued until the Township
has received, reviewed and approved professionally certified evidence
of:
(a)
Compliant improvement of streets, utilities and stormwater management
to afford access to such lot on mud free or otherwise permanently
passable streets to existing public roads;
(b)
Compliant improvement of all other improvements as depicted
on the plan both upon the lot and such other areas as are necessary
for the reasonable use or occupancy of the proposed buildings;
(c)
Compliance of the grading and/or building plan and/or building,
as the case may be with the plan and all applicable codes;
B.
In all cases, no permit shall be issued where the subdivision property
has been developed in violation of any ordinance of Schuylkill Township.
C.
Violation of any federal, state, county or local permit or approval
in the development of any subdivision is prohibited by this chapter.
D.
Deviation from any approved plan, including any agreement which is
part of such approval in a development, is prohibited by this chapter.
E.
At builder's or owner's (applicant) request, the Township
will review status of improvements at the building permit stage and
issue a status report as to the requirements set forth in this section.
Failure to make such a request will constitute assumption by the builder
of the risk of not receiving occupancy permits because of failure
to satisfy this section. Township's failure to identify areas
of compliance shall not bind Township unless all relevant facts were
disclosed to Township and applicant had no knowledge of such noncompliance.
