[Ord. 5/8/1997A, § 701]
This chapter provides simplified procedures for submitting and
reviewing minor subdivisions and lot line adjustments.
[Ord. 5/8/1997A, § 702]
1.
For minor subdivisions, lot line adjustments, annexations and minor
revisions of approved plans.
A.
Final Plan Submission Required. A final plan submission for each
minor subdivision or lot line adjustment must be filed by the applicant
and reviewed in accordance with the provisions of this chapter. A
preliminary plan is not required for a minor subdivision or lot line
adjustment.
B.
Required Submission.
(1)
The applicant shall file to the staff at least 21 days prior to a regularly scheduled Planning Commission meeting the required fee(s) and required number of copies of required plans and materials (see § 22-703).
(2)
If a state road is involved, the applicant shall forward the
required information to PennDOT and apply for a highway occupancy
permit. If such permit is not granted prior to final plan approval,
then it shall automatically be a condition of final plan approval,
and the plans shall not be recorded until it is granted.
C.
Initial Actions by the Staff.
D.
Determination of Completeness by Commission.
(1)
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:
(a)
Not accept the submission, indicating the deficiencies and return
the fee (minus the costs of any Township review) to the applicant.
(b)
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.
(c)
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 such, acceptance.
(d)
Recommend that the plan be rejected by the Board of Supervisors
for just cause.
(2)
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.
(3)
Zoning Variances. An application under this chapter shall not
be considered to be complete if one or more zoning variances will
be required for the subdivision or land development to legally occur
as submitted, until such time as the needed zoning variances have
been granted.
E.
Review by Township Engineer.
(1)
Within 30 days from the date duly submitted the plan for review
(unless granted an extension by the Commission) the Township Engineer
should review the engineering considerations in the plan and prepare
an initial report on such considerations to the Commission.
(2)
The Township Engineer may make additional reports and recommendations
to the Commission and the Board of Supervisors during review of the
plan.
F.
Review by Commission. The Planning Commission shall accomplish the
following within the time limitations of the State Planning Code,
53 P.S. § 10101 et seq. (unless the applicant grants a written
time extension).
(1)
Review all applicable reports received from the appropriate
review agencies and officers.
(2)
Determine whether the final plan submission meets the requirements
of this chapter and other applicable ordinances.
(3)
Review the final plan submission and recommend any needed revisions
so that the submission will conform to this chapter and other applicable
ordinances.
(4)
Recommend approval, conditional approval or disapproval of the
final plan submission in an advisory report to the Board of Supervisors,
specifying any recommended conditions for approval, identifying defects
found by the application, describing requirements which have not been
met and citing the provisions of the ordinance or statute relied upon.
G.
Review by Board of Supervisors. The Board of Supervisors shall:
(1)
Review the report of the Commission and any reports received
from any other official reviewing agencies.
(2)
Determine whether the final plan submission meets the requirements
of this chapter and other applicable ordinances.
(3)
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 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 duly filed for review;
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.
(4)
Lehigh Valley Planning Commission Review. 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 forwarded to the Lehigh
Valley Planning Commission.
H.
Decision by Board of Supervisors.
(1)
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 the last known address not later than 15 days following
the decision.
(2)
Acceptance of Dedication.
(a)
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 specifically made at such time.
(b)
Any such acceptance of dedication shall be specifically stated
along with the signatures required for approval.
(c)
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.
(3)
If 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.
[Ord. 5/8/1997A, § 703]
1.
All of the following information and materials listed in this section are required as part of all minor subdivision submissions, other than lot line adjustments or submittals under § 22-704. 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.
Williams Township Minor Subdivision Final Plan Checklist and List
of Submittal Requirements.
[Ord. 5/8/1997A, § 704]
1.
The reduced submission requirements listed in this section shall apply, together with the procedural requirements of § 22-702, if either of the following apply:
A.
The proposal will meet the definition of a "lot line adjustment."
B.
The determination of the Township staff, which may be based upon
the advice of the Township Engineer; the proposal will involve revisions
to a previously approved plan and those revisions only involve changes
in the supporting documentation or engineering details or to correct
erroneous data or minor omissions concerning a plan previously granted
final plan approval.
2.
The following 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. The required
information listed in this section may be combined or separated onto
different sheets, provided that the plans will be clearly readable.
A.
Williams Township Lot Line Adjustments, Annexations and Minor Revisions
of Approved Plans Checklist and List of Submittal Requirements.
3.
Additional Information. The Planning Commission may require that
a plan under this section include the submission of additional information
that would be required if the plan would be a final minor subdivision
plan, if such information is necessary to determine compliance with
this chapter.
4.
An annexation under this section shall be made part of the same lot
with the same deed.
See Part 9.
