[Ord. 5/8/1997A, § 601]
This chapter lists the requirements for final plans for a major subdivision or any land development. See the requirements of Part 7 for a project that only involves: (a) a minor subdivision; (b) a lot line adjustment; (c) minor corrections; or (d) minor revisions.
[Ord. 5/8/1997A, § 602]
1.
Final Plan Submission Required.
A.
A final plan submission for each major subdivision or land development
must be filed by the applicant and reviewed in accordance with the
provisions of this chapter.
B.
A final plan shall only be submitted after a preliminary plan has
been approved by the Board of Supervisors, if a preliminary plan is
required.
2.
Submission Deadline.
A.
An applicant shall file a final plan submission within five years
from the date of the approval of the preliminary plan by the Board
of Supervisors, unless an extension in writing has been granted by
the Board of Supervisors.
B.
Failure to comply with this requirement shall render the preliminary
plan submission null and void, and a new preliminary plan submission
must be filed.
3.
Filing and Distribution.
B.
The Township staff shall forward plans to the following agencies
to seek their comments prior to final plan approval:
(1)
Township Authority or Sewage Enforcement Officer (if applicable).
(2)
Township Engineer, provided prior to the next regularly scheduled
Planning Commission meeting.
(3)
Township Fire Chief (layout and utility plan, if not reviewed
at the preliminary plan level and if deemed appropriate by the Planning
Commission or Township staff).
(4)
The appropriate Township staff (including one official "file"
copy of all materials submitted by the applicant).
(5)
The Lehigh Valley Planning Commission (unless the Township directs
the applicant to deliver the plans to the LVPC).
(6)
The Township Planning Commission (including seven copies of
the application form, at least one copy of the preliminary plan checklist,
several copies of the preliminary plan and at least one copy of the
supporting documents), with such information provided at or before
the next regularly scheduled meeting of the Commission.
C.
Applicant's Distribution. It is the applicant's responsibility to:
(1)
Make agreements with the appropriate utility companies.
(2)
Provide information to PennDOT that is required for any needed
permit for access to or work within a state road right-of-way.
(3)
Provide information to DEP or other agencies for any permits
that might be required.
(4)
Submit a copy of the soil erosion and sedimentation plan to
the County Conservation District, and pay their required review fees,
if earth disturbance is proposed, and if, such plan was not, reviewed
at the preliminary plan level.
D.
The filing of the final plan shall conform with the approved preliminary
plan and any conditions and changes recommended by the Township during
the preliminary plan review.
E.
All sheets should be folded to approximately nine inches by 12 inches
or rolled, with the title of the plan facing out.
4.
Determination of Completeness by Commission.
A.
Based upon the initial review of the Township staff and/or the Township
Engineer, the Commission shall have authority, at its first regularly
scheduled meeting after the submission is filed in a timely fashion,
to determine that a submission is significantly incomplete and therefore
to refuse to review the submission further and to do one of the following:
(1)
Not accept the submission, indicating the deficiencies and return
the fee (minus the costs of any Township review) to the applicant.
(2)
Accept the submission as being filed for review on the condition
that the applicant shall file such additional required materials and
information to the staff or appropriate agency or person within a
certain number of days from the date of such acceptance.
(3)
Table the acceptance of the submission until the next Planning
Commission meeting where the applicant has met all of the submittal
requirements, and has filed such materials within the required time
period prior to the meeting. The ninety-day time limit for action
shall not begin until the plan is accepted as complete.
(4)
Recommend that the plan be rejected by the Board of Supervisors
for just cause.
B.
If the Commission determines that the submission is significantly
complete, as filed and as required, the Commission shall accept the
plans and may begin its review.
C.
If the Commission determines that a final plan submission, as filed,
departs substantially from the approved preliminary plan, the Commission
may classify the submission as a revised preliminary plan (with the
applicable review fees required) and process the application as such.
5.
Review by Township Engineer.
A.
Within 30 days from the date the plans are duly submitted for review
(unless, granted an extension by the Commission or unless the plans
are significantly incomplete), the Township Engineer should review
the engineering considerations of the preliminary plan and prepare
an initial report on such considerations to the Commission.
B.
The Township Engineer may make additional reports and recommendations
to the Commission and the Board of Supervisors during review of the
plan. Matters that should be dealt with directly by the Planning Commission
and/or the Board of Supervisors should be listed separately from technical
engineering considerations. These nontechnical concerns should be
made available to the Planning Commission at least five days prior
to each meeting.
C.
The applicant and/or his/her plan preparer shall make reasonable
efforts to resolve technical engineering considerations outside of
and prior to Planning Commission meetings. The Township Engineer may
require the applicant or his/her plan preparer to meet with the Township
Engineer for this purpose.
D.
A copy of findings of the Township Engineer should be sent or handed
in person to the applicant or his/her representative.
6.
Review by Commission. The Planning Commission shall accomplish the
following within the time limitations of state Planning Code (unless
the applicant grants a written time extension), while allowing a sufficient
number of days within this deadline for a decision by the Board of
Supervisors.
A.
Review all applicable reports received from official review agencies.
B.
Determine whether the final plan submission meets the requirements
of this chapter and other applicable ordinances.
C.
Recommend any needed revisions that are needed for the submission
will conform to this chapter or that would generally improve the plan.
D.
Recommend approval, conditional approval or disapproval of the final
plan submission in a written report to the Board of Supervisors that
specifies any recommended conditions for approval, identifies defects
found by the application, describes requirements which have not been
met and cites the provisions of the ordinance relied upon.
7.
Review by Board of Supervisors. The Board of Supervisors shall:
A.
Review the report of the Commission and any reports received from
any official reviewing agencies.
B.
Determine whether the final plan submission meets the requirements
of this chapter and other applicable ordinances.
C.
Approve, conditionally approve or reject the final plan submission
within the time required by the Municipalities Planning Code, 53 P.S.
§ 10101 et seq. As of 1991, this law requires:
(1)
The Board of Supervisors to act not later than 90 days following
the date of the first regular meeting of the Commission held after
it has been properly filed; provided, that should the said next regular
meeting occur more than 30 days following the filing of the application,
the said ninety-day period shall be measured from the thirtieth day
following the day the application has been filed, unless the applicant
grants a written extension of time.
(2)
That no subdivision or land development shall be granted final
approval until a report is received from the Lehigh Valley Planning
Commission or until the expiration of 30 days from the date the application
was accepted to the Lehigh Valley Planning, Commission.
8.
Decision by Board of Supervisors.
A.
Notice to Applicant. The decision of the Board of Supervisors shall
be in writing and shall be communicated to the applicant personally
or mailed to him/her at his/her last known address not later than
15 days following the decision.
B.
Dedications.
(1)
The approval of the final plan by the Board of Supervisors shall
not by itself constitute an acceptance of the dedication of any street
or other proposed public way, space or area, unless such acceptance
is specified at such time.
(2)
Any such acceptance of dedication shall only, occur after formal
action of the Township at such time.
(3)
As part of an improvements agreement, if the Board of Supervisors
elects to accept lands offered for dedication, the submission shall
be accompanied by duly executed instruments of conveyance to the Township.
Such instruments shall state that the title thereof is free and unencumbered.
C.
Disapproval. When a final plan submission is disapproved, the decision
shall specify defects found in the submission, shall describe requirements
which have not been met, and shall cite the provisions of the statute
or ordinance relied upon in each case.
D.
Conditions. The Board of Supervisors may attach reasonable conditions
to an approval to ensure the carrying out of the Comprehensive Plan,
this chapter, other Township ordinances and state laws and regulations.
9.
Development in Stages.
A.
If requested by the applicant, the Board of Supervisors may permit
the undertaking of the required improvements and the preparation of
the final plan to be completed in a series of sections or stages,
each covering a portion of the proposed subdivision or land development
as shown on the preliminary plan.
B.
If final plans are to be filed in sections or stages, each section
or stage shall relate logically to provide continuity of access, extension
of utilities and availability of amenities.
C.
The boundaries of phases and the timing of related improvements shall
be subject to the approval of the Board of Supervisors.
10.
Final Plan Submission Deadline.
A.
An applicant shall file a final plan within five years from the date
of the approval of the preliminary plan by the Board of Supervisors,
unless an extension in writing has been granted by the Board of Supervisors.
B.
Failure to comply with this requirement shall render the preliminary
plan null and void, and a new preliminary plan shall be submitted.
[Ord. 5/8/1997A, § 603; as amended by A.O.]
1.
All of the information and materials listed in this section are required
as part of all final plans for: (a) a major subdivision; or (b) any
land development submission. This list of requirements shall serve
as both a list of requirements and as a checklist for the applicant
and the Township to ensure completion of submissions. The applicant
shall submit completed photocopies of this section as part of the
application.
2.
The required information listed in this section may be combined or
separated onto different sheets, provided that the plans will be clearly
readable.
3.
Williams Township Final Plan for Major Subdivision or Land Development
Checklist and List of Submittal Requirements.
[Ord. 5/8/1997A, § 604]
All certification shall comply with the state professional licensing
laws. All subdivisions of land shall be certified and stamped by a
registered land surveyor, as required by state law.