The purpose of the sketch plan phase is to afford the developer
the opportunity to consult early and informally with both the Hatfield
Township Planning Commission and the Montgomery County Planning Commission
before preparation of the preliminary plan and before formal application
for its approval. During the sketch plan phase the developer can make
use of the services of both Planning Commissions to discuss the development
and plan for its sound coordination with the community through encouragement
and promotion of flexibility, economy, and ingenuity in the layout
and design of subdivisions and land developments. The developer will
be encouraged to use those practices which are in accordance with
modern and evolving principles of site planning and development. This
preliminary discussion also affords both Planning Commissions the
opportunity to give informal guidance to the developer at a stage
when potential points of difference can be more easily resolved. It
can also simplify official actions and save unnecessary expense and
delay.
A.
Before filing of an application for conditional approval of the preliminary plan, the develop may submit a sketch plan to the Township Planning Commission, 12 copies of the plans and data as specified in §§ 250-7 and 250-66 herein, to the Secretary of the Township. The developer is recommended to also submit concurrently two copies of the said plans and data to the Montgomery County Planning Commission for its staff review.
B.
The staff of the Montgomery County Planning Commission shall study
the plans and data as submitted and make recommendations to the Township
Planning Commission within the time limit prescribed by the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10101 et seq. The
Township Planning Commission shall consider the plan at its next meeting
when the Montgomery County Planning Commission and the Township Engineer's
sketch plan reports are available.
C.
This step does not require formal application, fee or filing of a
formal plan with the Township; however, the developer shall be responsible
for any engineering fees incurred when the plans are reviewed by the
Hatfield Township Planning Commission, the Board of Commissioners
of Hatfield Township or any other body as may be required in accordance
with the fee schedule as enacted, from time to time, by resolution
of the Board of Commissioners. Additionally, a filing fee may be required
by the Montgomery County Planning Commission.
D.
The procedures set forth herein shall be optional and within the
sole discretion of the developer for minor subdivisions, major subdivisions
and land developments.
A.
Submission.
(1)
The preliminary plan and all information and procedures relating thereto shall in all respects comply with this section of this chapter and § 250-67, Preliminary plan. The required number copies as designated in the preliminary plan application for each of the preliminary plans and other required materials and information shall be submitted to the Township Secretary.
(2)
The developer, applicant, or agent shall submit two sets of plans
and other data to the Montgomery County Planning Commission and pay
any required filing fee.
(3)
The developer, applicant or agent shall submit two sets of plans
and other data to the Montgomery County Conservation District and
pay any required filing fees.
(4)
The subdivider, owner, or agent shall be required to pay the filing fees and costs to the Township when plans are submitted as indicated in § 250-74. Failure to pay the review costs will delay final approval of the plan. Each resubmission of preliminary plans will require the payment of review costs.
(5)
Approval of the plan shall not be given until a report is received
from the Montgomery County Planning Commission or until the expiration
of 30 days from the date that the application was submitted to the
Montgomery County Planning Commission.
(6)
The developer will be responsible for any engineering fees incurred when the plan(s) are reviewed by the Township Engineer for the Hatfield Township Planning Commission, the Board of Commissioners of Hatfield Township, or any other body as may be required, in accordance with the fee schedule outlined in § 250-74 of this chapter. Additionally, a filing fee may be required by the Montgomery County Planning Commission.
(7)
Review fees.
(a)
The applicant will be responsible for all review fees incurred
when the plan(s) is reviewed. Review fees shall include the reasonable
and necessary charges by the Township's professional consultants,
engineer or solicitor for review and report to the Township and shall
be set by resolution. Such review fees shall be reasonable and in
accordance with the ordinary and customary charges by the Township
Engineer or consultant for similar service in the community, but in
no event shall the fees exceed the rate or cost charged by the engineer
or consultant to the Township when fees are not reimbursed or otherwise
imposed on applicants.
(b)
In the event the applicant disputes the amount of any such review
fees, the applicant shall, within 10 days of the billing date, notify
the Township that such fees are disputed, in which case the Township
shall not delay or disapprove a subdivision or land development application
due to the applicant's request over disputed fees.
(c)
In the event that the Township and the applicant cannot agree
on the amount of review fees which are reasonable and necessary, then
the fees shall be recalculated and recertified by another professional
engineer licensed as such in this commonwealth and chosen mutually
by the Township and the applicant or developer. The estimate certified
by the third engineer shall be presumed fair and reasonable and shall
be the final estimate. In the event that a third engineer is so chosen,
fees for the services of said engineer shall be paid equally by the
Township and the applicant or developer.
B.
Review and approval.
(1)
Following the filing of the application for approval of the preliminary
plan, the Township Planning Commission and the Township Engineer shall
review the plan and other material submitted. Within 90 days after
the filing of the application, the Board of Commissioners shall express
its approval, or disapproval, in writing, within 15 days of the decision.
In the event of disapproval, the reasons therefor shall be set forth.
The ninety-day time period shall mean not later than 90 days following
the date of the regular meeting of the Township Planning Commission
next following the date the application is filed, provided that should
the next regular meeting occur more than 30 days following the filing
of the application, the said ninety-day period shall be measured from
the 30th day following the date the application has been filed.
(2)
The action of the Township Planning Commission and the Board of Commissioners,
including any conditions determined, shall be noted within the minutes
of the Hatfield Township Board of Commissioners and the Hatfield Township
Planning Commission.
(3)
Approval of the preliminary plan shall constitute approval of the
subdivision as to the character and intensity of development, the
arrangement and approximate dimensions of streets, lots and other
planned features, but shall not constitute approval of the final plan
or authorize the sale of lots.
(4)
When an application for approval of a plat, whether preliminary or
final, has been approved without conditions or approved by the applicant's
acceptance of conditions, no subsequent change of amendment in the
zoning, subdivision or other governing ordinance or plan should 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.
(5)
Submissions shall not be considered as a combined preliminary/final
except when permitted by the Board of Commissioners.
A.
Submission.
(1)
After receiving preliminary approval, the applicant shall file with the Township Secretary the required copies designated in the final plan application of the plan of subdivision in question conforming to the requirements of § 250-68.
(3)
The subdivider, owner, or agent shall be required to pay the filing fees and costs to the Township when final plans are submitted as indicated in § 250-74. Final approval will not be granted until the payment of all review expenses and fees have been received by Hatfield Township.
(4)
The developer will be responsible for any engineering fees incurred
when the plan(s) are reviewed by the Township Engineer for the Hatfield
Township Planning Commission, the Board of Commissioners of Hatfield
Township, or any other body as may be required, in accordance with
the fee schedule as enacted from time to time by resolution of the
Board of Commissioners. Additionally, a filing fee may be required
by the Montgomery County Planning Commission. The fees for the services
of the landscape architect, Building Inspector or Township Engineer,
related to the review and consideration of the application, shall
be the responsibility of the developer/applicant.
(5)
Approval of the plan shall not be given until a report is received
from the Montgomery County Planning Commission or until the expiration
of 30 days from the date that the application was submitted to the
Montgomery County Planning Commission.
B.
Review and approval of final plan. Following the filing of an application
and final plans for approval, the Township Planning Commission and
the Township Engineer shall review said plan. Within 90 days after
the filing of the application, the Board of Commissioners shall express
its approval or disapproval and the reasons therefor shall be set
forth. The ninety-day time period shall mean not later than 90 days
following the next day following the date the application is 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 30th day following the day the application
has been filed.
A.
Purpose. In the case of minor subdivisions, it is the intention of
this section to provide a simplified procedure by which minor subdivisions
may be submitted and approved.
B.
Plan required. In the event that any owner of land desires to execute
a minor subdivision of a lot, tract, or parcel of ground, he shall
submit to Hatfield Township a plan of minor subdivision accompanied
by a complete application form, and if his proposed subdivision meets
with the requirements of this article, the Hatfield Township Zoning
Ordinance,[1] and the minor subdivision plan requirements of § 250-69 of this chapter, he shall not be required to submit the plans, data and information required to comply with the provisions of this article relating to major subdivisions.
C.
Submission. The applicant shall file with the Secretary of the Township the required copies designated in the minor subdivision application of the minor subdivision in question conforming to the requirements of § 250-69.
(1)
The developer, applicant, or agent shall submit two sets of plans
and other data to the Montgomery County Planning Commission and pay
any required filing fees.
(2)
The subdivider, owner, or agent shall be required to pay the filing
fees and costs to the Township when the plans are submitted. The developer
will be responsible for any engineering fees incurred when the plan(s)
are reviewed by the Township Engineer for the Hatfield Township Planning
Commission, the Board of Commissioners of Hatfield Township, or any
other body as may be required, in accordance with the fees of this
chapter as enacted, from time to time, by resolution of the Board
of Commissioners. Additionally, a filing fee may be required by the
Montgomery County Planning Commission. The fees for the services of
the landscape architect, Building Inspector or Township Engineer related
to the review and consideration of an application shall be the responsibility
of the developer/applicant.
D.
Review and approval. Within 90 days following the filing of the application
for approval of the minor subdivision plan, the Township Planning
Commission shall review said plan. The Board of Commissioners shall
express its approval or disapproval in writing on the final plan within
15 days of the final decision. In the event of disapproval, the reasons
therefor shall be set forth. The ninety-day time period shall mean
not later than 90 days following the date of the regular meeting of
the Township Planning Commission next following the date the application
is filed, provided that should 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 30th day following the date the
application has been filed.
E.
Planning requirement for tract remainder. Upon complete division
of three lots under minor subdivision requirements on the same tract
of land in a time interval of three years from the initial subdivision
approval, the Township Planning Commission may require the submission
of plans for the total remaining tract or area to serve as a guide
in the orderly development of the land and its relationship to surrounding
properties.
A.
Submission. The applicant shall file with the Township Secretary the required copies as designated on the Land Development application for the site development plan in question conforming to the requirements of § 250-72 of this chapter.
B.
The developer, owner, or agent shall be required to pay the filing
fees and costs to the Township when site plans are submitted as indicated
in the fee schedule as enacted, from time to time, by resolution of
the Board of Commissioners.
C.
The developer, owner, or agent shall be responsible for any engineering fees incurred when the plan(s) are reviewed by the Township Engineer, in accordance with the fee schedule outlined in § 250-74 of this chapter. The fees for the services of the landscape architect, Building Inspector or Township Engineer related to the review and consideration of an application shall be the responsibility of the developer/applicant.
All minor land developments will be processed by the following
procedures and subject to the conditions noted below:
A.
Applications for minor land development approval shall be submitted
in letter form to the Zoning Officer, along with the required copies
as designated in the minor land development application of a plan
with sufficient detail and dimension to show the nature and character
of work to be performed. At a minimum, the plan shall show the entire
property, all adjacent streets and properties, all existing buildings
on the property, and the exact location of the new work with its relation
to all property lines.
B.
Applications shall include the fee for minor land development application
as established by the Board of Commissioners.
D.
Each application will be forwarded to the Planning Commission for
comment and recommendation at its next regularly scheduled meeting.
The applicant shall be responsible for presenting his application
and demonstrating why a deferral is appropriate.
E.
The Planning Commission recommendation will then be forwarded to
the Planning Committee of the Board of Commissioners. The Planning
Committee will consider the application and pass its recommendation
to the full Board for final action.
F.
Each application shall be subject to review by the Township Engineer.
Review fees shall be paid by the applicant.
G.
Review of minor land development application by the Montgomery County
Planning Commission will not be required unless deemed essential by
Hatfield Township.
Before acting on any subdivision plan, the Board of Commissioners
may, in its discretion, arrange for a public hearing thereon, after
giving public notice in accordance with the terms of this chapter.
In any case where the Board of Commissioners disapproves a subdivision
or land development plan, any person aggrieved thereby may, within
30 days from the date of issuance of notice, appeal therefrom, by
petition to the Court of Montgomery County, which Court shall hear
the matter de novo and, after hearing, enter a decree affirming, reversing
or modifying the action of the Township, as may appear just in the
premises. The Court shall designate the manner in which notices of
the hearing of any such appeal shall be given to all parties interested.
The decision of the Court shall be final.
Upon the approval of final plans, the owner shall provide a
minimum of three linen copies and five paper prints of the final plan
of subdivision and/or development. These plans shall be all notarized
and signed by the owner before obtaining signatures from the Township
officials. The applicant shall, within 90 days of final approval,
record such plan in the office of the Recorder of Deeds of Montgomery
County. The Township shall retain a copy of the filing and recording
receipts, and a duplicate copy of the recorded plan shall be returned
to the subdivider. The costs of recording shall be borne by the subdivider.
Unless otherwise determined by the Hatfield Township Board of Commissioners,
approval of a subdivision plan shall expire and be void if the subdivider,
applicant or his agent fails to have the plan recorded and take action
upon the plan within two years from the date of approval of said plan.
Streets, parks, and other public improvements, shown on a subdivision
plan to be recorded, may be offered for dedication to the Township
by formal notation thereof on the plan, or the owner may note on the
plan that such improvements have not been offered for dedication to
the Township.
A.
Every street, park or other improvement shown on a subdivision plan
that is recorded as provided herein shall be deemed to be a private
street, park, or improvement until such time as the same has been
offered for dedication to the Township and accepted by motion of the
Board of Commissioners or until it shall have been condemned for use
as a public street, park, or other improvement.
B.
However, with respect to roadways, streets, easements and open space
areas, the Board of Commissioners shall have the right to accept and
record a deed of dedication of streets, roadways and open space areas
within a subdivision or land development at such time the construction
escrow agreement has been recorded. The aforesaid action of recording
the deeds of dedication shall not relieve the developer from the completion
of the improvements as required within this chapter and approved plans.
In addition thereto, the developer shall not only be required to have
the necessary sums of money in escrow for the costs of installation
of said improvements but the necessary sum shall be included during
the maintenance period in the approved maintenance escrow form. This
condition shall be recited in a construction escrow agreement. During
the maintenance time period, the Township of Hatfield has no responsibility
of ownership, maintenance and/or repair of the streets or roadways
until the expiration of the maintenance time period.
For any replanning or resubdivision of land, the same procedure,
rules and regulations shall apply as prescribed herein for any original
subdivision except as it would apply to lot line change plans.
Where an entire parcel of land is not subdivided, the subdivider
must indicate his intended plans for disposition of the remainder
of the parcel, including a feasible layout of roads, lots, open space,
utilities and buildings.
All plan submissions shall be made to the Township a minimum
of 10 business days preceding the meeting date.
