A.
Whenever any subdivision or land development is proposed, and before
any permit for the erection of a structure shall be granted, the landowner
or developer shall apply for and obtain approval of such proposed
subdivision or land development in accordance with the procedures
set forth herein for a preliminary plan and a final plan.
B.
Whenever a conditional use permit or special exception is required by Chapter 143, Zoning, of the Code of the Township of Springfield for any use proposed or inherent in any proposed subdivision and/or land development, all applications therefor shall be filed and all plans, documents and other submissions required to accompany same shall be filed with the Township after filing for review of a preliminary plan for subdivision and/or land development.
[Amended 6-13-1989 by Ord. No. 1200]
C.
Whenever the landowner or developer opts to do so, a sketch plan
may be submitted in accordance with the procedures for same set forth
herein.
D.
All preliminary and final plans shall be submitted, along with all
required reports, feasibility studies and other documentation, and
with the required application form and fees. No application shall
be considered to be complete until all required papers and checks
have been submitted. Further, no application shall be considered to
be filed and no application shall be accepted until all of the submission
requirements have been met.
A sketch plan for any proposed subdivision and/or land development
may, at the option of the landowner or developer, be submitted to
the Township Planning Commission for review. The submission of a sketch
plan does not constitute submission of an application for approval
of a subdivision and/or land development plan. However, it does represent
a basis for an informal discussion between the Planning Commission
and the landowner or developer which may prove to be valuable to the
prospective applicant in formulating plans, documents and other submissions
for preliminary plan approval. In the event that the landowner or
developer submits a sketch plan, the following shall apply:
A.
Eleven copies of the sketch plan may be submitted to the Township
Manager to be distributed as follows:
B.
In addition to furnishing copies of the sketch plan, the landowner
or developer shall identify the name, address and telephone number
of the holder of legal title to the land involved, the nature of the
landowner's interest in the land (whether holder of legal or
equitable title or otherwise) and the name, address and telephone
number of the agent, if any. Such information shall be provided in
writing.
C.
The sketch plan shall be submitted at least 21 days prior to the
regularly scheduled public meeting of the Township Planning Commission
at which the plan will be reviewed. Within this time period, the Township
Engineer will submit review comments on said plan by letter or memorandum
to the Planning Commission.
[Amended 9-12-1989 by Ord. No. 1211; 11-10-1998 by Ord. No. 1346]
D.
The Planning Commission shall review the sketch plan with the landowner
or developer if such person attends the regularly scheduled public
meeting of the Planning Commission. In the event that such person
does not attend said meeting, the Planning Commission Secretary shall
indicate any and all review comments pertaining to the plan to the
landowner or developer by written correspondence.
E.
The Planning Commission's review shall take into consideration
the requirements of this chapter and all other Township ordinances,
codes, regulations, plans and maps and pay particular attention to
the following:
(1)
The arrangement, location and width of streets and their relation
to the topography of the site.
(2)
The arrangement, size and location of lots and proposed structures,
if any.
(3)
Drainage.
(4)
The relation of the subdivision and/or land development to the natural
features of the site.
(5)
The potential further development of adjoining lands which may not
yet be subdivided; the compatibility of the sketch plan with the Comprehensive
Plan.
The preliminary subdivision and/or land development plan shall be prepared in accordance with the requirements set forth in Article IV pertaining to preliminary plan filing or submission. When a preliminary plan is filed, the following shall apply:
A.
The applicant shall complete and sign the application form provided
by the Township and shall accompany such application form with the
type and number of plans, documents and other submissions required
and the appropriate filing fee(s). The applicant must identify the
name, address and telephone number of the record holder of legal title
to the land involved (if different from the applicant), the nature
of the applicant's interest in the land (whether holder of legal
or equitable title or otherwise) and the name, address and telephone
number of the agent, if any. No application shall be deemed filed
unless all requirements have been met and all fees therefor paid in
full.
B.
Sixteen black line or blue line prints of the plans forming preliminary
plan and 16 neatly bound, clear and legible copies of all required
documents and other submissions, including the preliminary plan checklist,[1] shall be submitted to the Township Manager to be distributed,
along with copies of the application form as follows:
(1)
One copy of the application form and one copy of the plan(s) and
profiles shall be retained by the Township Manager for Township files.
(2)
One copy of the application form and one copy of the plan(s), documents
and other submissions shall be forwarded to the Township Engineer
for review and comment.
(3)
One copy of the plan(s), documents and other submissions shall be
forwarded to the Board of Commissioners.
(4)
Eight copies of the plan(s), documents and other submissions, one
of which shall be retained for the Planning Commission files along
with one copy of the application form.
(5)
Four copies of the plan(s), documents and other submissions and one
copy of the application form shall be forwarded to the Delaware County
Planning Department for review and comment.
(6)
One copy of the plan(s), documents and other submissions shall be
forwarded to the Chairperson of the Planning Committee of the Board
of Commissioners.
[Amended 5-9-1995 by Ord. No. 1314]
[1]
Editor's Note: The preliminary plan checklist is on file
in the Township offices.
C.
The preliminary plan and application for subdivision and/or land
development shall be submitted at least 21 days prior to the regularly
scheduled public meeting of the Township Planning Commission at which
the preliminary plan is to be reviewed. The Township Engineer shall
submit review comments on said plan by letter or memorandum to all
members of the Planning Commission with copies to the Township Manager
and the Board of Commissioners. The applicant shall notify the abutting
owners in writing that a preliminary plan proposed for the subject
tract has been filed. Such notification shall occur at least 10 days
prior to the aforementioned meeting. Evidence of such notification
shall be presented to the Planning Commission at said meeting.
[Amended 11-10-1998 by Ord. No. 1346]
D.
The Planning Commission shall review the preliminary plan its regularly
scheduled public meeting and may discuss the plan(s) with the applicant
to determine if the plan meets the regulations and standards set forth
in this chapter and the other Township ordinances, codes, regulations,
plans and maps. The Planning Commission shall submit its report to
the Board of Commissioners for consideration at the next regularly
scheduled meeting of the Board following the completion of the Planning
Commission's review. A copy of said report also will be given
to the applicant.
E.
During the course of the Planning Commission's review of the preliminary plan, and prior to any action by the Board of Commissioners within the required ninety-day period, the preliminary plan may be revised by the applicant. Sixteen copies of any revised preliminary plan shall be submitted, which shall note the dates of any and all revisions and a summary of the nature thereof. Upon the submission of the revised preliminary plan, the applicant shall sign a statement withdrawing any previously submitted preliminary plan from consideration and shall stipulate that a new ninety-day time period shall commence from the date of the Planning Commission's meeting next following the filing of the revised preliminary plan. The revised preliminary plan shall be submitted to the Township Manager at least 21 days prior to a regularly scheduled public meeting of the Planning Commission. The revised preliminary plan shall be distributed by the Township Manager on the basis as set forth in Subsection B.
[Amended 11-10-1998 by Ord. No. 1346]
F.
After a report on the preliminary plan has been submitted to the
Board of Commissioners by the Planning Commission, the Board shall
place such preliminary plan on its agenda for review and action.
G.
Before acting on any preliminary plan, the Board of Commissioners
or the Planning Commission may hold a public hearing thereon after
public notice.
H.
In acting upon the preliminary plan, the Board of Commissioners shall review the report and/or written comments of the Planning Commission, Township Engineer and county agencies and comments from public hearings, if any, to determine its conformance with this chapter and all other Township ordinances, codes, regulations, plans and maps. The Board of Commissioners may modify any subdivision or land development plan requirement upon the recommendations of the Planning Commission in accordance with § 123-54 and may specify conditions, changes or additions thereto, which it deems necessary. Further, the Board of Commissioners may make its decision to grant approval of a preliminary plan subject to conditions, changes or additions.
I.
In the case where the Planning Commission has concluded that the
preliminary plan meets all requirements of a final plan, then, upon
the recommendation of the Planning Commission, the Board of Commissioners
may consider the preliminary plan as a final plan and may act thereupon
accordingly.
J.
The Board of Commissioners shall render a decision on every preliminary
plan and communicate it to the applicant not later than 90 days following
the date of the regularly scheduled public meeting of the Planning
Commission following the date the complete application is filed, provided
that, should the Planning Commission meeting occur more than 30 days
following the filing of such application, the said ninety-day period
shall be measured from the 30th day following the day the complete
application has been filed.
K.
The decision of the Board of Commissioners shall be in writing and
shall be communicated to the applicant personally or mailed to the
applicant at the address shown on the application form not later than
15 days following the decision, or at the end of the above-mentioned
ninety-day period, whichever shall occur first.
L.
In the event that the preliminary plan is not approved in terms as
filed, the decision shall specify the defects found in the preliminary
plan for subdivision and/or land development and describe the requirements
which have not been met and shall, in each case, cite the provisions
of the statute or ordinance relied upon.
The final subdivision and/or land development plan shall be prepared in accordance with the requirements set forth in Article IV pertaining to final plan submission. When a final plan is filed, the following shall apply:
A.
Within six months after the date of approval of the preliminary plan,
the applicant shall file a final plan and all supplementary information,
data and documents, together with a completed and signed application
form provided by the Township, and the appropriate filing fees. No
such application shall be deemed filed unless all requirements have
been met and all fees therefor paid in full.
B.
Unless an extension of time has been granted by the Board of Commissioners
upon written request of the applicant, a final plan filed after the
six-month period shall be considered a new preliminary plan which
shall be required to comply with all preliminary plan application
procedures and requirements of this chapter, and shall be subject
to a preliminary plan application fee.
C.
The Board of Commissioners may authorize submission of the final
plan in sections, each covering approximately 1/3 of the entire area
proposed for subdivision and/or land development or 1/3 of the number
of buildings or other structures proposed for land development as
shown on the approved preliminary plan, provided that the first final
plan section shall be submitted within the aforementioned six-month
period, and the last final plan section shall be submitted within
18 months after the date of preliminary plan approval.
D.
The final plan shall conform in all respects to the preliminary plan
as previously reviewed, and to which approval or conditional approval
was granted, or the plan shall be considered as a new preliminary
plan.
E.
Sixteen copies of the plans, documents and other submissions comprising the final plan shall be filed with the Township Manager, who shall distribute copies of the final plan, along with copies of the application form to those who also received the preliminary plan as set forth in § 123-12B and to the Delaware County Conservation District, provided that the required fees and financial security associated with the completion guaranty have been filed therewith.
[Amended 5-9-1995 by Ord. No. 1314]
F.
The final plan with the application for subdivision and/or land development
shall be submitted at least 21 days prior to the regularly scheduled
public meeting of the Township Planning Commission at which the final
plan is to be reviewed. The Township Engineer shall submit review
comments on said plan by letter or memorandum to all members of the
Planning Commission and the Board of Commissioners.
[Amended 11-10-1998 by Ord. No. 1346]
G.
The Planning Commission shall review the final plan at its regularly
scheduled public meeting and may discuss the final plan with the applicant
to determine if the final plan meets the regulations and standards
set forth in this chapter and all other Township ordinances, codes,
regulations, plans or maps. The Planning Commission shall promptly
submit its report to the Board of Commissioners for consideration
at the next regularly scheduled meeting of the Board of Commissioners
following the completion of the Planning Commission's review.
A copy of the report will also be given to the applicant.
H.
During the course of the Planning Commission's review of the final plan, and prior to any action by the Board of Commissioners within the required ninety-day period, the final plan may be revised according to the procedure for preliminary plan revisions and as set forth in § 123-12E.
I.
After a report on the final plan has been submitted to the Board
Commissioners by the Planning Commission, the Board of Commissioners
shall place such final plan on its agenda for review and action.
J.
Before acting on any final plan, the Board of Commissioners or Planning
Commission may hold a public hearing thereon after public notice.
K.
In acting upon the final plan, the Board of Commissioners shall review
the report and/or written comments of the Planning Commission, Township
Engineer and county agencies and comments from public hearings, if
any, to determine its conformance with all Township ordinances, codes,
regulations, plans and maps and either approve or disapprove the final
plan.
L.
The Board of Commissioners shall render a decision on the final plan
and communicate it to the applicant not later than 90 days following
the date of the next regularly scheduled public meeting of the Planning
Commission following the date the complete application was filed,
provided that, should the said meeting occur more than 30 days following
the filing of the complete application, said ninety-day period shall
be measured from the 30th day following the day the complete application
was filed.
M.
The decision of the Board of Commissioners shall be in writing and
shall be communicated to the applicant personally or mailed to the
applicant at the address shown on the application form not later than
15 days following the decision, or at the end of the above-mentioned
ninety-day period, whichever shall occur first.
N.
In the event that the final plan is not approved in terms as filed,
the decision shall specify the defects found in the final plan and
describe the requirements which have not been met and shall, in each
case, cite to the provisions of the statute or ordinance relied upon.
O.
In the event that the final plan is approved, it shall be signed
by the following individuals:
(1)
An engineer, surveyor or other qualified design professional employed
by the applicant, certifying that the monuments shown thereon exist
as located, and that all dimensions, topographic details and other
plan information are correct.
(2)
The applicant, signifying his or her acceptance of the final plan
approval.
(3)
The Township Engineer, signifying that he has examined the final
plan and that it conforms to all Township ordinances, codes, regulations,
plans and maps.
(4)
The President of the Board of Commissioners or, in his absence, the
Vice President and the Township Manager or, in his absence, the Assistant
Township Manager.
[Amended 9-12-1989 by Ord. No. 1211]
(5)
The Delaware County Planning Department, signifying that the final
plan has been reviewed.
[Added 9-12-1989 by Ord. No. 1211]
P.
When properly signed, the applicant shall submit a reproducible and
three copies of the final plan to be recorded. The reproducible and
one copy shall be returned to the Township upon recordation at the
County Recorder of Deeds.
[Amended 9-12-1989 by Ord. No. 1211]
Q.
Approval of the final plan shall constitute approval of the subdivision and/or land development as to the character and intensity, the arrangement and approximate dimension of the streets, lots and other proposed features, but shall not authorize the sale or transfer of lots or the development of land until construction is permitted to commence in accordance with § 123-16. Nor shall such approval constitute a waiver or release, or assumption, by the Township of any requirements of any Township ordinances, codes, regulations, plans or maps.
R.
Every final plan approval shall be subject to the following conditions:
(1)
The applicant shall execute a subdivision and land development agreement in accordance with § 123-14.
(2)
The applicant shall execute a completion guaranty in accordance with Article VI, where deemed applicable by the Board of Commissioners.
(3)
The applicant shall tender a deed of dedication to the Township,
if requested by the Board of Commissioners, for public improvements,
easements and other appurtenances and improvements thereto after such
improvements are completed and such completion is certified as being
satisfactory by the Township Engineer.
(4)
The filing with the Township of copies of all required permits, approvals,
agreements, clearances and the like from all required governmental
agencies (such as the Pennsylvania Department of Transportation, the
Pennsylvania Department of Environmental Resources and/or the Township);
authorities and companies which may provide water supply or sewage
disposal facilities; and pipeline easement holders or others.
Every applicant who seeks to obtain final plan approval shall execute an agreement upon a form to be provided and approved by the Township before the final plan is signed by the Board of Commissioners and filed and recorded in accordance with §§ 123-13P and 123-15, respectively. The agreement shall include but need not be limited to the following:
A.
The applicant agrees that he will accurately lay out and properly construct all improvements and fulfill all practices according to the plans, profiles, notes and other forms of documentation filed as part of the final plan, as approved, where any or all of these improvements or practices are required as conditions of approval; and that the applicant will file an as-built plan in accordance with § 123-17 to confirm the same.
B.
The applicant shall complete the improvements and engage in the practices as referenced in this section within the time or times specified by the Board of Commissioners and in accordance with § 123-16.
C.
The applicant guarantees completion and maintenance of all improvements by means of acceptable forms of financial security to the Township as set forth in Article VI.
D.
The applicant agrees to tender a deed of dedication to the Township
if requested by the Board of Commissioners for public improvements,
easements and other appurtenances and improvements thereto, except
that the Township shall not accept any offer of dedication of the
same by ordinance or resolution until their completion is certified
as being satisfactory by the Township Engineer.
E.
The applicant shall pay the Township all of its costs in connection
with snow removal from the streets in the subdivision or land development
that are to be offered for dedication until such time that the streets
are duly accepted by the Board of Commissioners.
F.
The applicant shall comply fully with all of the terms and conditions
of this chapter as the same relate to the subdivision or land development
and all other Township ordinances, codes, regulations, plans and maps.
G.
The applicant, in the event that any proposed street shall not be
intended to be offered for dedication or not accepted by the Board
of Commissioners, shall accept stipulations which shall be noted on
the final plan, such as the following:
(1)
The Township shall not be responsible for repairing or otherwise
maintaining any undedicated streets.
(2)
The method of assessing repair and maintenance costs of undedicated
streets shall be established in recorded deed restrictions so as to
be binding on all successors, assigns or grantees.
(3)
If dedication is sought at any time, the street shall conform in
its entirety to Township design standards for the same in all respects;
or the owners of the lots shown on the approved final plan, at their
own expense, restore the street to conform to or otherwise render
the street in conformance with such standards.
A.
Within 90 days after the approval of the final plan by the Board of Commissioners, the applicant shall execute the subdivision and land development agreement and the completion guaranty as set forth in Article VI, and the applicant shall thereupon cause one copy of the final plan to be recorded in the Office of the Recorder of Deeds in and for the County of Delaware, Pennsylvania, and shall notify the Board of Commissioners, in writing, certified mail, return receipt requested, of the date of such recording and the plan book and page in which the same has been recorded. Should the plan not be recorded within such period, the action of the Board of Commissioners in approving the final plan shall be considered automatically rescinded.
[Amended 9-12-1989 by Ord. No. 1211]
B.
The final plan to be recorded shall be an exact counterpart of the
approved final plan prepared in accordance with the provisions of
this chapter and shall be filed with the Recorder of Deeds before
proceeding with the sale of lots or construction of buildings or other
structures or improvements. (The office of the Recorder of Deeds will
not accept any plans larger than 24 by 36 inches.)
A.
Upon filing with the Township of a copy of the Recorder of Deeds
receipt for the recording of the final plan, the Township Manager
shall issue a subdivision and land development permit to the applicant.
No construction shall be commenced until the subdivision and land
development permit has been issued by the Township along with any
other Township permits, such as a soil erosion and sedimentation control
permit and/or a building permit.
B.
No construction shall be commenced until the applicant files with
the Township Manager all permits, approvals, clearances and the like
from government agencies (such as those from the Pennsylvania Department
of Transportation, the Pennsylvania Department of Environmental Resources
and/or the Township); authorities and companies which may provide
water supply or sewage disposal facilities; and pipeline easement
holders or others.
C.
The applicant shall commence construction of improvements within
one year from the approval date of the final plan.
D.
In the case where development is projected over a number of years,
each section except for the last section shall contain a minimum of
25% of the total number of lots, dwelling units or buildings as depicted
in the final plan, unless a lesser percentage is approved by the Board
of Commissioners.
After final plan approval and upon completion of all required improvements, the applicant shall submit an as-built plan prepared, signed and sealed by an engineer or surveyor showing the location, dimension and elevation of all improvements in accordance with §§ 123-24 and 123-45. Said plan shall indicate that the resultant grading, drainage and sedimentation and erosion control devices are in conformance with the previously approved drawings and specifications. Said plan shall note any and all deviations from the previously approved drawings and specifications. Three copies of the as-built plan shall be filed with the Township who shall distribute one copy to the Board of Commissioners, one to the Township Engineer and one to the Secretary of the Township Planning Commission.
