This article sets forth the application requirements for obtaining approval of subdivision and land developments. The form of the various plans referred to in this article and information required to be forwarded with such plans shall be as specified in Article IV.
A. 
Applicants are urged to discuss possible development sites and plan with the Township Planning Commission prior to formal submission of any plan. The purpose of the preapplication meeting or sketch plan review is to afford the applicant an opportunity to receive the advice and assistance of the Township Planning Commission. Submission of a sketch plan is optional and will not constitute formal filing of a plan with the Township.
B. 
Prospective applicants submitting a preapplication plan for review by the Planning Commission should generally include those items listed in § 185-15 of this chapter. Although all the plan information outlined by § 185-15 is not required to be shown on the sketch plan, the amount of information actually provided should be proportional to the size and involvement of the proposed activity. Plans shall be considered for informal review and discussion and shall not constitute formal filing of the plan with the Township. The applicant shall attempt to follow any comments or concerns of the Planning Commission and staff and attempt to address these items in the preliminary plans.
All applications for approval of a subdivision plan, land development plan or improvement construction plan shall be made by the developer filing an application form, to be supplied by the Township, together with the appropriate plans, studies, reports, supporting data and required filing fee, with the Township.
A. 
Initial application. All applications shall be submitted to the Township Secretary at least seven days prior to the next regular meeting of the Board of Supervisors. Within said seven days the Township staff shall check the plans and documents to determine if on their face they are in proper form and contain all information required by this chapter and report their findings at the next regular meeting of the Board. At their regular meeting the Board shall accept the application for filing or reject the application as defective. If defective, the application shall be returned to the applicants with a statement of rejection. Acceptance for filing shall not, however, constitute a waiver of any deficiencies or irregularities.
B. 
Amendments or corrections to an application. Within 14 days from the date the applicant files an amended, revised or corrected application, the Township shall endeavor to determine whether the submission contains substantial deviation from prior submitted plan(s) so as to constitute a new plan. If so, the Township shall inform the applicant in writing that the 90 day review period begins as of the date of filing and that applicant shall promptly submit a new application and fees. The Township shall endeavor, wherever possible within 14 business days from submission, to determine whether an amended, revised or corrected application contains substantial deviation from prior submissions as to constitute a new plan. If so, the Township shall inform the applicant in writing of such determination and that the 90 day review period shall commence upon the filing of an appropriate application together with fees required under this chapter.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Preliminary plan application. With the exceptions noted in § 185-13 of this chapter, a preliminary plan is required for applications which propose new streets, all land development plans and subdivision plans of three or more lots. All other plans may be submitted as final plans in accordance with § 185-11.
(1) 
Preliminary plans may be filed with the Township on any business day; however, the Planning Commission may review a plan at a particular meeting only if the plan was filed at least seven calendar days prior to that meeting.
(2) 
In addition to submitting the required material in accordance with Subsection B, the applicant shall file with the Township the required number of copies of plans, supporting information and all filing fees as required by the Township.
B. 
Application requirements. All preliminary plan applications shall include the following:
(1) 
Nine copies of the preliminary plan. All plans shall be either black on white or blue on white paper prints.
(2) 
Nine copies of all notifications and certifications which are not provided on the preliminary plan.
(3) 
Four copies of the application form (see Appendix No. 12[1]).
[1]
Editor's Note: The Appendix materials referred to herein are included at the end of this chapter.
(4) 
Eight copies of an Impact Statement, which shall include:
(a) 
The proposed development's effects on the local school population.
(b) 
The proposed development's effect on the Township's financial position for a three year period to include, but not be limited to, additional taxes generated by the development and additional Township costs caused by the development.
(5) 
Three copies of all reports required by § 185-16E.
C. 
Planning Commission review process. At the first meeting of the Planning Commission no action will be taken for most applications. The plan will be considered as a briefing item for general comments and introduction by the Township staff. The Planning Commission may elect to take action on any subdivision or land development if deemed to be in order and all review comments from the Township staff, Township Engineer and County Planning Commission are available. The Planning Commission may discuss the preliminary plan application with the developer or his agent at the next regular meeting and will review the application to determine if it meets the standards set forth in this chapter. The preliminary plan shall then be submitted by the Planning Commission together with its analysis and recommendations, including those of the Township staff and Engineer to the Board.
D. 
Review by the Township staff.
(1) 
The Township Zoning Officer and any Township personnel as directed by the Board shall review the application documents to determine if they are in compliance with this chapter, the Zoning Ordinance [Chapter 225], the Comprehensive Plan and the Township planning objectives and accepted planning standards. These personnel shall provide comments and recommendations, including written findings when directed by the Board.
(2) 
The Township Engineer shall review the application documents to determine compliance with this chapter, the Township Stormwater Management Ordinance and any other applicable Township ordinances, Township standards and good engineering practices. He shall prepare a written report of his findings and recommendations.
E. 
Board review process. All applications for approval of a plan shall be acted upon by the Board. The Board shall render its decision and communicate it to the applicant not later than the greater of the period of time required by the Municipalities Planning Code or 90 days following the date of the regular meeting of the Planning Commission next following the date of application provided, however, should the said next regular meeting occur more than 30 days following the filing of the application, the said 90 day period shall be measured from the 30th day following the day the application has been filed. Plans will be presented by the Township staff at the regular meeting of the Planning Commission, following acceptance of the plans by the Board. Following complete review of the Planning Commission, including its recommendations, the Board will place the plan on its agenda for review and action.
F. 
Notification of Board of Supervisors action. The decision of the Board shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than fifteen days following the decision, or such later date as may be required by the Municipalities Planning Code.
(1) 
When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of the ordinance relied upon.
(2) 
Failure of the Board to render a decision and communicate it to the applicant within the time and in the manner required herein, unless a greater period of time has been authorized by the Municipalities Planning Code, shall be deemed an approval of the application in terms as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner or presentation of communication of the decision; in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.
G. 
Compliance with the Board of Supervisors action. If the Board conditions its preliminary plan approval upon receipt of additional information, changes and/or notifications, such data shall be submitted and/or alterations noted on two copies of the plan to be submitted to the Township for approval. Such data shall be submitted, and approved by to the Board within 90 days of their conditional approval, unless the Board grants a waiver by extending the effective time period. If the applicant finds the conditions unacceptable and/or fails to submit revised data within the specified time period, the plan will be automatically disapproved for the deficiencies outlined by the conditions of approval.
H. 
Board of Supervisors approval and certification. The Board will acknowledge the satisfactory compliance with all conditions, if any, of the preliminary plan approval at a regularly scheduled public meeting. Additionally, at the option of the applicant, after receipt of preliminary plan approval and compliance with all conditions of approval, a preliminary plan may be presented to the Township for acknowledgment through a formal statement on the plan (see Appendix No. 5[2]).
(1) 
Approval of a preliminary application shall constitute approval of the proposed subdivision and/or land development as to the character and intensity of development and the general arrangement of streets, lots, structures and other planned facilities, but shall not constitute final plan approval. The preliminary plan may not be recorded in the office of the Recorder of Deeds.
[2]
Editor's Note: The Appendix materials referred to herein are included at the end of this chapter.
A. 
Prerequisites to filing final plan application. An application for final plan approval can be submitted only after the following, when required as noted, have been completed:
(1) 
The receipt of an unconditional preliminary plan approval in accordance with § 185-10 of this chapter, when a preliminary plan approval is required. When a preliminary plan is not required, or has been waived by the Township, the final plan shall comply with all plan requirements for preliminary plans as well as those for final plans.
(2) 
The completion of the improvements required by this chapter in accordance with the improvement construction plan procedure stated in § 185-12 of this chapter, when the improvements are not assured by the posting of financial security as provided in Article V of this chapter.
B. 
Final plan applications.
(1) 
Final plans may be filed with the Township on any business day; however, the Planning Commission will review a plan at a particular meeting only if the plan was filed at least seven days prior to that meeting.
(2) 
In addition to submitting the required material in accordance with Subsection C below, the applicant shall file with the Township the required number of copies of plans, supporting information and all filing fees required by the Township.
(3) 
The final plan may be submitted in phases, each section covering a reasonable portion of the entire proposed subdivision as shown on the approved preliminary plan; provided that each section, except for the last section, shall contain a minimum of 25% of the total number of units of occupancy as depicted on the approved preliminary plan.
(4) 
The Board may accept a final plan modified to reflect a change to the site or its surroundings which occurs after the preliminary plan review. The Board shall determine whether a modified final plan will be accepted or whether a new preliminary plan shall be submitted.
C. 
Application requirements. All final plan applications shall include the following:
(1) 
Nine copies of the final plan. All plans shall be either black on white or blue on white paper prints.
(2) 
Nine copies of all notifications and certificates which are not provided on the final plan.
(3) 
Four copies of the application form (see Appendix No. 12[1]).
[1]
Editor's Note: The Appendix materials referred to herein are included at the end of this chapter.
(4) 
Eight copies of an Impact Statement, which shall include:
(a) 
The proposed development's effects on the local school population.
(b) 
The proposed development's effect on the Township's financial position for a three year period to include, but not be limited to, additional taxes generated by the development and additional Township costs caused by the development.
(5) 
Three copies of all reports required in § 185-17E of this chapter.
D. 
Plan requirements. All final plans shall be prepared in conformance with the provisions of § 185-17 of this chapter.
E. 
Township action.
(1) 
In general, the Planning Commission may review a plan at a particular meeting only if the plan was filed at least seven calendar days prior to that meeting. The Planning Commission will discuss the final plan application with the developer or his agent at a regular meeting and will review the application to determine if it meets the standards set forth in this chapter. The final plan application shall be submitted by the Planning Commission, together with this analysis and recommendations, to the Board for consideration.
(2) 
All applications for approval of a plan shall be acted upon by the Board who shall render its decision and communicate it to the applicant not later than the greater of the period of time required by the Municipalities Planning Code or 90 days following the date of the regular meeting of the Board of Supervisors next 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 90 day period shall be measured from the 30th day following the day the application has been filed.
(3) 
Final plan approval will be effective for 90 days from the date of the Board's action on the final plan, unless the Board grants a waiver by extending the effective time period of the approval. Within this time period, the applicant must meet all conditions of approval, if any; certify plans as specified in Subsection H and record plans as specified in Subsection I of this section.
F. 
Notification of Board of Supervisors action. The decision of the Board shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision, or such later date as may be required by the Municipalities Planning Code. When the application is not approved in terms as flied, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of the chapter relied upon. Failure of the Board to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision; in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.
G. 
Compliance with Board of Supervisors action. If the Board conditions its final plan approval upon receipt of additional information, changes and/or notifications, such data shall be submitted and/or alterations noted on two copies of the plan to be submitted to the Township for approval. Such data shall be submitted, and approved by to the Board within 90 days of their conditional approval, unless the Board grants a waiver by extending the effective time period. If the applicant finds the conditions unacceptable and/or fails to submit revised data within the specified time period, the plan will be automatically disapproved for the deficiencies outlined by the conditions of approval.
H. 
Final plan certification. After the Boards approval of the final plan and the required changes, if any, are made, the applicant shall proceed to prepare two sets of final plans which shall be either (a) black ink on tracing cloth or (b) transparent reproductions of the original plan with black line on cloth or stable plastic base film and one set of final plans which shall be a paper copy for the Township's files. The two transparent copies of the final plan shall be certified in the following manner: both final plans shall be presented to the Board for their signatures (see Appendix No. 7[2]). Final plans will not be signed by the Board if submitted more than 90 days from the Board's final approval action unless the Board grants a waiver by extending the effective time period of the approval.
[2]
Editor's Note: The Appendix materials referred to herein are included at the end of this chapter.
I. 
Final plan recordation. Upon approval and certification of a final plan, the applicant shall record the plan in the office of the Recorder of Deeds. Should the applicant fail to record the final plan within 90 days of the Board's final plan approval, the Board's action on the plan shall be null and void unless the Board grants a waiver by extending the effective time period of the approval.
(1) 
The final plan shall be filed with the Recorder of Deeds before proceeding with the sale of lots.
(2) 
The final plan shall be filed with the Recorder of Deeds before proceeding with the construction of any improvement except as provided for in § 185-12 of this chapter.
(3) 
No subdivision or land development plan may be recorded unless it bears the endorsement of the Board.
(4) 
Proof that the plan has been recorded, in a format acceptable to the Township, must be submitted to the Township prior to the sale of lots. The Township shall issue no permits until this verification is provided.
J. 
Effect of recording of final plan. Recording the final plan, after approval of the Board, shall have the effect of an irrevocable offer to dedicate all streets and other areas designated for public use, unless reserved by the landowner as provided in § 185-17E(2)(e) of this chapter. However, the approval of the Board shall not impose any duty upon the Commonwealth, County or Township concerning acceptance, maintenance or improvement of any such dedicated areas or portion of same until the proper authorities of the Commonwealth, County or Township actually accept same by ordinance or resolution or by entry, use or improvement.
(1) 
The landowner may place a notation on the final plan to the effect that there is no offer of dedication to the public of certain designated areas, in which event the title to such area shall remain with the owner and neither the Commonwealth, County, Township nor any applicable authorities shall assume any right to accept ownership of such land or right-of-way.
A. 
Improvement construction plan application. After an applicant has received official notification that the preliminary plan has been approved, an application may be processed for an improvement construction plan.
(1) 
Improvement construction plans may be filed with the Township on any business day; however, the Board will review a plan at a particular meeting only if the plan was filed at least seven calendar days prior to that meeting.
(2) 
The improvement construction plan may be submitted in sections, each section covering a reasonable portion of the entire proposed subdivision as shown on the approved preliminary plan.
(3) 
The Board may accept an improvement construction plan modified to reflect a change to the site or its surrounds which occurs after the preliminary plan review. The Board shall determine when a modification will require a revised preliminary plan.
B. 
Application requirements. All improvement construction plan applications shall include the following:
(1) 
Nine copies of the improvement construction plan. All plans shall be either black on white or blue on white paper prints.
(2) 
Nine copies of all notifications and certificates which are not provided on the improvement construction plan.
(3) 
Four copies of the application form (see Appendix No. 13[1]).
[1]
Editor's Note: The Appendix materials referred to herein are included at the end of this chapter.
(4) 
Eight copies of an Impact Statement, which shall include:
(a) 
The proposed development's effects on the local school population.
(b) 
The proposed development's effect on the Township's financial position for a three year period to include, but not be limited to, additional taxes generated by the development and additional Township costs caused by the development.
(5) 
Three copies of all reports required in § 185-17E of this chapter.
(6) 
All filing fees required by the Township.
C. 
Plan Requirements. All improvement construction plans shall be prepared in conformance with the provisions of § 185-17 of this chapter, with the exception of § 185-17E(2)(d) and (f) and E(1)(g) and (h).
D. 
Township action.
(1) 
In general, the Planning Commission may review a plan at a particular meeting only if the plan was filed at least seven calendar days prior to that meeting. The Planning Commission will discuss the final plan application with the developer or his agent at a regular meeting and will review the application to determine if it meets the standards set forth in this chapter. The final plan application shall be submitted by the Planning Commission, together with this analysis and recommendations, to the Board for consideration.
(2) 
All applications for approval of a plan shall be acted upon by the Board who shall render its decision and communicate it to the applicant not later than the greater of the period of time authorized by the Municipalities Planning Code or 90 days following the date of the regular meeting of the Board next 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 90 day period shall be measured from the 30th day following the day the application has been filed.
E. 
Notification of the Board of Supervisors action. The decision of the Board shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision or such later date as may be authorized by the Municipalities Planning Code.
(1) 
When the application is not approved in terms filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provision of the ordinance relied upon.
(2) 
Failure of the Board to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision; in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.
(3) 
If the application is disapproved, the Board will notify the above individuals, in writing, of the defects in the application and will identify the requirements which have not been met, though citing provisions of the statute or ordinance relied upon.
F. 
Compliance with the Board of Supervisors action. If the Board conditions improvement construction plan approval upon receipt of additional information, changes and/or notification, such data shall be submitted and/or alterations noted on two copies of the plan to be submitted, and approved by to the Board within 90 days of their conditional approval, unless the Board grants a waiver by extending the effective time period. If the applicant finds the conditions unacceptable and/or fails to submit revised data within the specified time period, the plan will be automatically disapproved for the deficiencies outlined by the conditions of approval.
G. 
Improvement construction plan certificate and construction authorization. After the Board's approval of the improvement construction plan and the required changes, if any, are made, the applicant shall proceed to prepare two plans which shall be either (a) black ink on tracing cloth or (b) transparent reproductions of the original plan with black line on cloth or stable plastic base film. These plans shall be certified in the following manner:
(1) 
Both improvement construction plans shall be presented to the Board for their signatures (see Appendix No. 6[2]). Improvement construction plans will not be signed by the Township if submitted more than 90 days from the Boards approval action unless the Board grants a waiver by extending the effective time period of the approval.
[2]
Editor's Note: The Appendix materials referred to herein are included at the end of this chapter.
(2) 
Approval and certification of an improvement construction plan shall not constitute final plan approval of the proposal, nor shall this plan be recorded with the Recorder of Deeds, but shall, when combined with the necessary municipal and/or Commonwealth approvals and permits, grant the authority to install the improvements required as part of this chapter.
(3) 
Following the Board's certification of the improvement construction plan, one copy of the plan will be retained by the Board and the remaining copy will be available to the firm which prepared the plan.
(4) 
Improvement construction plan approval will be effective for a five year period from the date of the Board's approval action. Construction must be completed and a final plan application must be submitted within five years of the improvement construction plan approval, or else the plan approval will become null and void unless the Board grants a waiver by extending the effective time period of the approval.
H. 
Completion of improvements. Upon completion of the improvements required by this chapter, the applicant may proceed to submit a final plan and application which shall include notice of approval of the improvements by the authority which is to accept the improvement (see Appendix No. 17[3]).
[3]
Editor's Note: The Appendix materials referred to herein are included at the end of this chapter.
A. 
Procedure for processing revised subdivision and/or land development plans. Any replatting or resubdivision of recorded or unrecorded plans, excluding lot grading plans in subdivisions, shall be considered as a new application and shall comply with all requirements of this chapter, except that plans may be changed, provided that in making such changes:
(1) 
No lot or tract of land shall be created that does not meet the minimum design standards required by this chapter and existing Township regulations.
(2) 
No structure shall be relocated which does not meet the minimum design standards required by this chapter and existing Township regulations.
(3) 
No increase is made in the overall density.
(4) 
The stormwater management facilities are not altered in a manner which affects the discharge of stormwater to an adjacent property or significantly relocates a major stormwater management facility within the project
(5) 
Street locations and block sizes shall not be changed.
(6) 
The character and land use of the original application shall be maintained.
B. 
In every case where a plan alteration conforms to the above, the applicant shall:
(1) 
Submit to the Board nine black on white or blue on white paper copies of the revised final plan, four application form (see Appendix No. 12[1]). Upon review of the revision, the Board will, in writing, advise the applicant whether or not the revision complies with the above.
[1]
Editor's Note: The Appendix materials referred to herein are included at the end of this chapter.
(2) 
If the revision complies, the applicant shall prepare two plans, which shall be either (a) black ink on tracing cloth or (b) a transparent reproduction of the original plan with black line on cloth or stable plastic base film and which shall specifically identify the alteration(s) to the previously recorded plan.
(3) 
The applicant shall then submit the plan to the Board for signature as specified in § 185-11H of this chapter (see Appendix No. 7[2]).
[2]
Editor's Note: The Appendix materials referred to herein are included at the end of this chapter.
(4) 
The plans shall then be recorded as specified in § 185-11I of this chapter.
C. 
In addition to submitting the required material, in accordance with Subsection B of this section, the applicant shall file with the Township all filing fees.
D. 
Preliminary/final plans. In case of a subdivision plan of not more than three lots, which does not require provisions for a new street, the applicant may, at his discretion, concurrently submit preliminary and final plans for action at the Board meeting. All other plans shall be submitted in accordance with § 185-10 of this chapter. For the purpose of interpreting this section of the chapter, any remaining land shall be considered a lot.
E. 
Procedure for processing a lot add-on. The lease, conveyance, sale or transfer of land for the sole purpose of increasing the lot size of an adjacent contiguous lot shall comply with the following lot add-on procedure, provided that the proposal does not alter a subdivision plan of record, create additional lots or result in a nonconformity with the design standards found in Article VI of this chapter. In every case where a proposal conforms to the above, the application shall comply with the following procedures:
(1) 
The applicant shall submit to the Township nine black on white or blue on white paper copies of a lot add-on plan prepared to the standards specified in § 185-18 of this chapter and four application forms (see Appendix No. 12[3]). In addition to submitting the required material, the applicant shall provide all filing fees. Upon review of the revision, the Board will, in writing, advise the applicant whether or not the proposal qualifies as a lot add-on.
[3]
Editor's Note: The Appendix materials referred to herein are included at the end of this chapter.
(2) 
If the plan qualifies, the applicant shall prepare two plans for recording, which shall be either (a) black ink on tracing cloth or (b) a transparent reproduction of the original plan with black line on cloth or stable plastic base film and one set of paper copies of the plan for the Board's files. The two transparent copies of the plan shall be certified by the Board (see Appendix No. 8[4]). The applicant shall record the plans with the Recorder of Deeds. These plans shall be filed with the Recorder of Deeds prior to the execution of a deed for the land.
[4]
Editor's Note: The Appendix materials referred to herein are included at the end of this chapter.
A. 
Application requirements. All requests for waivers shall only be submitted in conjunction with applications for preliminary or final plan approval. All requests shall be in writing (see Appendix No. 18[1]) and shall identify:
(1) 
The specific section of this chapter which is requested to be waived.
(2) 
Provisions proposed as an alternate to the requirements.
(3) 
Justification for the waiver. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based.
[1]
Editor's Note: The Appendix materials referred to herein are included at the end of this chapter.
B. 
Township action.
(1) 
In general, the Planning Commission will schedule a request for a waiver for action at a regular meeting which is at least seven calendar days following the filing of the application by the applicant. The Planning Commission will review the request to determine:
(a) 
If compliance with the provisions of the chapter creates an undue hardship or appears to be unreasonable as it applies to the particular property.
(b) 
If the applicant demonstrates that an alternative proposal will allow for equal or better results, and take such action as it shall deem necessary or advisable in the public interest.
(2) 
The request for a waiver and accompanying documentation shall be submitted by the Planning Commission, together with its analysis and recommendations, to the Board for consideration. All applications for approval of a waiver shall be acted upon by the Board who shall render its decision and communicate it to the applicant, in accordance with the requirements of the Municipalities Planning Code.
C. 
Notification of Action of Board of Supervisors. After the meeting at which the waiver was reviewed, the Board shall send a written notice of the Board's action to the applicant at his last known address not later than 15 days following the decision, or such later date as may be authorized by the Municipalities Planning Code. If the Board denies the request, the Board will notify the above individual, in writing, of the justification for denial. If the Board grants the requests, the final plan shall include a note which identifies the specific waiver as granted.