A.
All subdivision plans shall be subject to approval, modification
or rejection by the Board of Township Supervisors; in the event that
such a plan is disapproved, the reasons therefor shall be set forth
in writing and given to the applicant. Prior to action by the Board
of Township Supervisors, all subdivision and/or land development plans
shall be referred to the Township Planning Commission for its review
and recommendations.
B.
Prior to the final plan submission, the prospective developer must
have complied with the planning requirements of the Pennsylvania Sewage
Facilities Act, 35 P.S. § 750.1 et seq., as administered
by the Pennsylvania Department of Environmental Protection (DEP),
and must provide proof that complete submissions of any and all applications
or other requests for approval have been made to all concerned agencies
and entities (including municipal authorities or other operators of
public sewer systems that will serve the project). It is suggested
that the prospective developer consult the Township Sewage Enforcement
Officer or the Pennsylvania DEP as to the requirements of that Act.
C.
Prospective developers shall consult the Adams County Conservation District representative concerning erosion and sediment control and the effect of geologic conditions on the proposed development prior to submission of the preliminary plan. At the same time, a determination should be made as to whether or not any flood hazards either exist or will be created as a result of the subdivision or development. Land that is located within an identified floodplain area, as set forth in § 140-36 of this Code, shall be developed in accordance with the provisions of § 140-36 of this Code, entitled "Floodplain/Flood Hazard Area Overlay Regulations" and Chapter 71 of this Code, entitled "Floodplain Development."
[Amended 7-6-2020 by Ord. No. 2020-03]
The prospective developer shall submit preliminary and final
copies to the Township Secretary or such other official as may be
designated by the Supervisors. The Township Secretary shall distribute
the appropriate number of copies of the plans to the Township Planning
Commission. All plans when first submitted shall be considered preliminary
plans. If the subdivider makes substantial revisions, such as road
relocation, additional dwelling units, changes in intended use, in
his or her plans after they have been approved in preliminary form,
such revised plans must be resubmitted as a preliminary plan and shall
be treated as preliminary plan.
A.
The Board of Supervisors shall render its decision not later than
90 days following the date of the regular meeting of the Planning
Commission next following the date the application is filed, or after
a final order of the court remanding an application, provided that
should the said next regular meeting occur more than 30 days following
the filing of the application, or the final order of the court, the
said ninety-day period shall be measured from the 30th day following
the day the application was filed. The Township shall communicate
the decision in writing to the applicant by either personally providing
it to the applicant or by mailing it to the applicant's last known
address by regular first class mail, postage prepaid. The time periods
for making a decision and for communicating it to the applicant may
be extended upon the written request and/or agreement of the applicant.
B.
Approval of preliminary plans by the Board of Supervisors shall be
considered approval of the arrangement and dimensions of streets,
lots and other features shown on the plans and may be made conditionally
on specified changes to be incorporated in the plans. The Board of
Supervisors' signatures in the approval block on the final plans shall
be provided only after the requirements and conditions indicated on
or in connection with the preliminary and final plans have been met;
and said signatures shall constitute Township approval for the purpose
of recording the plans in the office of the Recorder of Deeds. Before
acting on any subdivision plan, the Board of Supervisors may arrange
for a public hearing thereon after giving such notice, as defined
in Section 908 of the MPC, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10908.
C.
Field changes shall constitute as any minor modification to a set
of final plans due to unforeseen site conditions or limitations after
the final plans have been approved. The Township Engineer shall determine
if the scope of the plan modification qualifies as a field change,
or if the plans must be revised and resubmitted to the Township for
a subsequent review by the Township Planning Commission and decision
by the Supervisors. The consideration by the Township Engineer in
determining whether a proposed change requires a revision and resubmission
of the plan, or whether it may be classified as a field change not
requiring further review, shall include but not be limited to the
following:
(1)
Plan modification. The Township Engineer may, in his or her own discretion,
allow a field change if all of the following factors are applicable
to the proposed change or modification:
(a)
Meets approvals of all outside agencies.
(b)
Does not increase building sizes.
(c)
Does not decrease building size by more than 10%.
(d)
Does not change impervious area by more than 2%.
(e)
Does not change parking requirements.
(f)
Does not infringe on ordinance requirements or require modification
of ordinances.
(2)
Minor landscaping. Adjustments are allowable, as long as the proposed
change or modification does not modify the number and integrity of
planting units, nor minimizes any screen required.
(3)
Minor adjustments to the stormwater management system are allowable,
provided that the design does not create an increase in postdevelopment
runoff rates, and the proposed modifications are in accordance with
the Township's Stormwater Management Ordinance,[2] as amended and revised from time to time.
[Amended 8-6-2012 by Ord. No. 2012-03]
The Township shall charge such fees for the review of plans
as provided in a schedule of fees, adopted from time to time by the
Board of Supervisors, and as hereinafter provided.[1] The Township may return a plan as being incomplete and
not subject to filing and processing if the appropriate fees are not
submitted with the plan.
[1]
Editor's Note: The fee schedule is on file in the Township
offices.
A.
Review fees shall include the reasonable and necessary charges by
the Township's professional consultants 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 that the applicant disputes the amount of any such review
fees, the applicant shall, within 14 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 chosen,
fees for the services of said engineer shall be paid equally by the
Township and the applicant or developer.
D.
The Township shall have the ability to require an advance toward
review fees in an amount which is equal to or less than the fees collected
in plans of similar size and scope. The Township may return a plan
as being incomplete and not subject to filing and processing if the
appropriate fees and advance are not submitted with the plan. An incomplete
plan that is not filed due to the failure to pay fees and any advance
shall be considered a nullity, not requiring any further action, review
or decision.
