[Amended 8-24-1978 by Ord. No. 348]
A.
There are three stages in the procedure for approval
of subdivision and land development plans. These stages are necessary
to enable the Planning Commission and the Board of Supervisors to
have an adequate opportunity to review the submissions and to ensure
that their formal recommendations are reflected in the final plans.
B.
The separate stages of approval include the submission
of an optional sketch plan, a preliminary plan and a final plan. These
plans differ in their purpose and required level of detail. The table
below indicates the recommended and required plans for the different
types of submissions.
Plan Approval Stage
|
Type of Submission
| ||||
---|---|---|---|---|---|
Plan
|
Minor Subdivision
|
Major Subdivision
|
Land Development
|
Agricultural Subdivision
| |
Sketch (§ 105-13)
|
Recommended
|
Recommended
|
Recommended
|
(Not required; see § 105-18 for procedure.)
| |
Preliminary (§ 105-14)
|
Not required
|
Required
|
Required
| ||
Final (§ 105-15)
|
Required
|
Required
|
Required
|
C.
Sketch plans shall require no more than a sixty-day
review period. The review process required for preliminary and final
plans shall include no more than 90 days starting from the date of
the regular meeting of the Planning Commission next following the
date the application is accepted by the Manager and ending with the
applicant being notified of the decision of the Board of Supervisors.
D.
The presentation of a preliminary plan and a final
plan shall each be considered a separate submission and the maximum
ninety-day review period may be required for each. A sixty-day review
period may be required for a sketch plan. No limitations for the action
of any public official or agency set forth in this article shall be
construed as mandatory.
E.
The applicant is encouraged to meet informally with
the Township Planner and the Planning Commission to obtain information
regarding zoning and subdivision requirements and development alternatives
prior to the initial submission.
A.
Purpose.
(1)
The purpose of the sketch plan, which is an optional
submission, is to afford the applicant the opportunity to consult
early and informally with both the Planning Commission and the Township
Planner before the preparation of the preliminary plan and formal
application for approval.
(2)
During the sketch plan procedure, the applicant can
advantageously make use of the services of the Planning Commission
and the Township Planner to help him analyze the problem of the development
and plan more adequately for its sound coordination with the community.
The sketch plan procedure also affords the opportunity to give informal
guidance to the applicant at a stage when potential points of difference
can be more easily resolved. It can also simplify official action
and safe unnecessary expense and delay.
B.
Deposit and fees. The Manager shall collect and transmit
all fees to applicable agencies.
C.
Procedure.
(1)
The applicant shall prepare the sketch plan and application form, including the data specified in § 105-20.
(2)
The applicant shall submit 12 copies of the sketch
plan and one application form to the Manager.
[Amended 12-9-1982 by Ord. No. 447]
(3)
The Manager shall check the submission for completeness
and if the submission is incomplete shall notify the applicant within
seven days and indicate the deficiencies. If the application is complete,
the Manager shall accept the sketch plan and application form.
(4)
The Manager shall immediately distribute copies of
the sketch plan, application form and applicable fees in the following
manner:
(a)
One copy to the Montgomery County Planning Commission.
(b)
Seven copies to the Planning Commission.
[Amended 12-9-1982 by Ord. No. 447]
(c)
One copy to the Whitemarsh Township Parks and
Recreation Department.
(d)
One copy to the Whitemarsh Township Zoning Officer.
(e)
One copy to the Township Planner.
(f)
One copy to the Whitemarsh Township Fire Marshal.
(9)
The Planning Commission may, within 30 days following
acceptance of the sketch plan application, meet with the applicant
to review the submission.
(11)
The Montgomery County Planning Commission shall,
within that period of time permissible under the Pennsylvania Municipalities
Planning Code,[1] review the sketch plan and prepare a report for the Planning
Commission and Board of Supervisors.
[Amended 11-16-1989 by Ord. No. 584]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
(12)
The Planning Commission shall, within 60 days
following acceptance of the sketch plan application:
(a)
Review the reports on the submission by the
Manager and the Montgomery County Planning Commission;
(b)
Determine whether the sketch plan meets the
objectives and requirements of this chapter and other pertinent regulations
and ordinances; and
(c)
Recommend revisions, if any, so that the subsequent
preliminary or final plan will conform to Township regulations and
ordinances.
A.
Purpose. The purpose of the preliminary plan is to
obtain formal conditional approval in order to minimize changes and
revisions before final plans are submitted.
B.
General.
(1)
A preliminary plan shall be submitted conforming to
the changes recommended during the sketch plan procedure, if any.
C.
Deposit and fee.
(1)
Deposits and fees for the different types of subdivision
and land development submissions are listed in the Whitemarsh Township
Fee Schedule. Fees, pursuant to the Montgomery County Planning Commission
Fee Schedule, may also be required.
(2)
The Manager shall collect and immediately deposit
all Township fees in the proper Township bank account as directed
by the Board of Supervisors and shall collect and transmit all other
fees to applicable agencies.
D.
Procedure.
(2)
The applicant shall submit to the Manager:
(a)
Sixteen copies of the preliminary plan.
[Amended 12-9-1982 by Ord. No. 447]
(b)
Five copies of the site plan
[See § 105-21B(1).]
(c)
Whitemarsh Township subdivision and land development
application form.
(d)
Montgomery County Planning Commission application
form.
(e)
Application for planning module for land development.
(3)
The Manager shall check the submission for completeness,
and if the submission is incomplete, shall notify the applicant within
seven days and indicate the deficiencies. If the submission is complete,
the Manager shall accept the preliminary plan, applications and fees.
(4)
The Manager shall immediately distribute the preliminary
plan, applications and applicable fees in the following manner:
(a)
One copy of the plan to Montgomery County Planning
Commission.
(b)
One copy of the plan to Montgomery County Conservation
District.
(c)
Seven copies of the plan to the Planning Commission.
[Amended 12-9-1982 by Ord. No. 447]
(d)
One copy of the plan to the Whitemarsh Township
Parks and Recreation Department.
(e)
One copy of the plan to the Whitemarsh Township
Zoning Officer.
(f)
One copy of the plan to the Township Planner.
(g)
Two copies of the plan to the Township Engineer.
(h)
One copy of the plan to the Whitemarsh Township
Fire Marshal.
(i)
One copy of the plan to the Shade Tree Commission.
(j)
Five copies of the site plan to the Board of
Supervisors.
(k)
Application for planning module for land development
to the Pennsylvania Department of Environmental Resources.
(11)
The Planning Commission may, within 30 days
following acceptance of the preliminary plan application, meet with
the applicant to review the submission.
(12)
The Manager shall, within 40 days following
acceptance of the preliminary plan application:
(13)
The Montgomery County Planning Commission shall,
within that period of time permissible under the Pennsylvania Municipalities
Planning Code,[2] review the preliminary plan and prepare a report for the
Planning Commission and Board of Supervisors.
[Amended 11-16-1989 by Ord. No. 584]
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
(14)
The Planning Commission shall, within 60 days
following acceptance of the preliminary plan application:
(a)
Review the reports on the submission by the
Manager, Montgomery County Planning Commission and other pertinent
reports;
(b)
Determine whether the preliminary plan meets
the objectives and requirements of this chapter and other pertinent
regulations and ordinances;
(c)
Recommend revisions, if any, so the plan will
conform to Township regulations and ordinances; and
(d)
Recommend approval or disapproval of the preliminary
plan in a written report to the Board of Supervisors.
(15)
The Board of Supervisors shall, within 75 days
following the date of the first meeting of the Planning Commission
next following the date of the acceptance of the preliminary plan
application:
[Amended 8-24-1978 by Ord. No. 348]
(a)
Review the reports of the Planning Commission,
Montgomery County Planning Commission, Manager and other pertinent
reviewing agencies;
(b)
Determine whether the preliminary plan meets
the objectives and requirements of this chapter and other pertinent
regulations and ordinances;
(c)
Recommend revisions, if any, so the plan will
conform to Township regulations and ordinances; and
(d)
Approve or disapprove the preliminary plan.
If approved, the Board of Supervisors shall express its approval and
state the conditions of approval, if any. If disapproved, the Board
of Supervisors shall state the reasons for this action.
(16)
The decision of the Board of Supervisors and
any conditions imposed by the Board of Supervisors shall be in writing
and shall be communicated to the applicant or his agent personally
or be mailed to him at the last known address not later than 15 days
following the decision or within such time limits as may be required
by the Pennsylvania Municipalities Planning Code.[3]
[Amended 8-24-1978 by Ord. No. 348; 11-16-1989 by Ord. No.
584]
[3]
Editor's Note: See 53 P.S. § 10101
et seq.
(17)
Approval of the preliminary plan shall not constitute
approval of the final plan or authorize the sale of lots or construction
of buildings. Furthermore, approval shall be rescinded automatically
upon the applicant's or the applicant's agent's failure to accept,
in writing, all conditions imposed by the Board of Supervisors within
seven days of receipt of the written decision.
[Amended 11-16-1989 by Ord. No. 584]
(18)
If the preliminary plan is disapproved, the
applicant may file a revised preliminary plan with the Manager in
order to secure approval. No fee will be charged for the first revision,
but all successive submissions shall pay the fee for preliminary plans.
A.
Purpose. The purpose of the final plan is to require formal approval by the Board of Supervisors before plans for all subdivisions and land developments are recorded as required by § 105-17.
B.
General.
[Amended 11-16-1989 by Ord. No. 584]
(1)
The final plan shall conform to the preliminary plan, as approved. The final plan and all information and procedures relating thereto shall in all respects be in compliance with the provisions of this chapter, except where variation therefrom may be specifically approved by the Board of Supervisors pursuant to § 105-10.
C.
Deposit and fee.
(1)
Deposits and fees for the different types of subdivision
and land development submissions are listed in the Township fee schedule.
Fees pursuant to the Montgomery County Planning Commission Fee Schedule
may also be required.
(2)
The Manager shall collect and immediately deposit
all Township fees collected in the proper Township bank account as
directed by the Board of Supervisors, and shall collect and transmit
all other fees to applicable agencies.
D.
Procedure.
(2)
The applicant shall prepare planning modules for land development as required by Chapter 71 of the Pennsylvania Sewage Facilities Act.
(3)
The applicant shall submit to the Manager:
(a)
Fifteen copies of the final plan.
[Amended 12-9-1982 by Ord. No. 447]
(b)
Five copies of the site plan.
[See § 105-22B(1).]
(c)
Whitemarsh Township subdivision and land development
application form.
(d)
Montgomery County Planning Commission application
form.
(e)
Four copies of the planning modules for land
development.
(4)
The Manager shall check the submission for completeness
and, if the submission is incomplete, shall notify the applicant within
seven days and indicate the deficiencies. If the submission is complete,
the Manager shall accept the final plan, applications, planning modules
and fees.
(5)
The Manager shall immediately distribute copies of
the final plan, applications, planning modules and applicable fees
in the following manner:
(a)
One copy of the plan and one copy of the planning
module to the Montgomery County Planning Commission.
(b)
Seven copies of the plan to the Planning Commission.
[Amended 12-9-1982 by Ord. No. 447]
(c)
One copy of the plan and one copy of the planning
module to the Whitemarsh Township Zoning Officer.
(d)
One copy of the plan to the Township Planner.
(e)
Two copies of the plan and one copy of the Planning
Module to the Township Engineer.
(f)
One copy of the plan to the Shade Tree Commission.
(g)
One copy of the plan to the Solicitor.
(h)
Five copies of the site plan to the Board of
Supervisors.
(i)
One copy of the plan and one copy of the planning
module to the Pennsylvania Department of Environmental Resources.
(10)
The Planning Commission may, within 30 days
following acceptance of the final plan application, meet with the
applicant to review the submission.
(12)
The Montgomery County Planning Commission shall,
within that period of time permissible under the Pennsylvania Municipalities
Planning Code,[2] review the final plan and prepare a report for the Planning
Commission and Board of Supervisors.
[Amended 11-16-1989 by Ord. No. 584]
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
(13)
The Planning Commission shall, within 60 days
following acceptance of the preliminary plan application:
(a)
Review the reports on the submission by the
Manager, Montgomery County Planning Commission, and other pertinent
reports;
(b)
Determine whether the final plan meets the objectives
and requirements of this chapter and other pertinent regulations and
ordinances;
(c)
Recommend revisions, if any, so that the plan
will conform to Township regulations and ordinances; and
(d)
Recommend approval or disapproval of the final
plan in a written report to the Board of Supervisors.
(14)
The Board of Supervisors shall, within 75 days
following the date of the first meeting of the Planning Commission
next following the date of the acceptance of the final plan application:
[Amended 8-24-1978 by Ord. No. 348]
(a)
Review the reports of the Planning Commission,
Montgomery County Planning Commission, Manager and other reviewing
agencies;
(b)
Determine whether the final plan meets the objectives
and requirements of this chapter and other pertinent regulations and
ordinances;
(c)
Recommend revisions, if any, so that the plan
will conform to Township regulations and ordinances; and
(d)
Approve or disapprove the final plan. If disapproved,
the Board of Supervisors shall state the reasons for this action.
(15)
The decision of the Board of Supervisors and
any conditions imposed by the Board of Supervisors shall be in writing
and shall be communicated to the applicant or his agent personally
or be mailed to him at the last known address not later than 15 days
following the decision or within such time limits as may be required
by the Pennsylvania Municipalities Planning Code.[3] Furthermore, approval shall be rescinded automatically
upon the applicant's or the applicant's agent's failure to accept,
in writing, all conditions imposed by the Board of Supervisors within
seven days of receipt of the written decision.
[Amended 8-24-1978 by Ord. No. 348; 11-16-1989 by Ord. No.
584]
[3]
Editor's Note: See 53 P.S. § 10101
et seq.
(16)
If the final plan is approved:
[Amended 11-16-1989 by Ord. No 584]
(a)
The Board of Supervisors shall adopt a resolution
approving the final plan.
(17)
If the final plan is approved, the applicant shall submit to the Board of Supervisors two linen copies and five paper copies of the final plan, with the signatures of the required agencies as specified in § 105-24.
[Amended 11-16-1989 by Ord. No. 584]
FINAL PLAN PROCEDURE
MAJOR SUBDIVISIONS AND LAND DEVELOPMENTS
|
[Amended 8-24-1978 by Ord. No. 348; 12-9-1982 by Ord. No.
447; 11-16-1989 by Ord. No. 584]
A.
Purpose. In the case of minor subdivision and/or minor land developments, as defined in § 105-5, it is the purpose of this section to provide a simplified procedure by which minor subdivisions/minor land developments may be submitted and approved.
B.
General. In the event that the proposed minor subdivision/minor land development shall involve a change in the location of streets, sanitary or storm sewers or other municipal improvements or require a revision to the Township sewage facilities plan, then the provisions of this section on minor subdivision/minor land development shall not be applicable, and the owner shall be required to comply with the requirements of § 105-15.
C.
Deposits and fees.
(1)
Deposits and fees for the submission of a minor subdivision/minor
land development plan are listed in the Whitemarsh Township Fee Schedule.
Fees pursuant to the Montgomery County Planning Commission Fee Schedule
shall also be required.
(2)
The Manager shall immediately deposit all Township
fees collected in the proper Township bank account as directed by
the Board of Supervisors and shall submit all other fees to applicable
agencies.
D.
Procedure.
(3)
The applicant shall submit to the Manager:
(4)
The Manager shall check the submission for completeness
and if the submission is incomplete shall notify the applicant within
seven days and indicate the deficiencies. If the submission is complete,
the Manager shall accept the final minor subdivision/minor land development
plan applications, planning modules and fees.
(5)
The Manager shall immediately distribute copies of
the final minor subdivision/minor land development plan, applications
and applicable fees in the following manner:
(a)
One copy of the plan to the Montgomery County
Planning Commission.
(b)
Seven copies of the plan to the Planning Commission.
(c)
One copy of the plan and one copy of the planning
module to the Whitemarsh Township Zoning Officer.
(d)
One copy of the plan to the Township Planner.
(e)
Two copies of the plan and one copy of the planning
module to the Township Engineer.
(f)
One copy of the plan to the Solicitor.
(g)
Five copies of the site plan to the Board of
Supervisors.
(h)
One copy of the plan and one copy of the planning
module to the Pennsylvania Department of Environmental Resources.
(9)
The Planning Commission may, within 30 days following
acceptance of the final minor subdivision/minor land development application,
meet with the applicant to review the submission.
(10)
The Manager shall, within 40 days following
acceptance of the final minor subdivision plan/minor land development
plan application:
(12)
The Planning Commission shall, within 60 days
following acceptance of the final minor subdivision/minor land development
plan application:
(a)
Review the reports on the submission by the
Manager and Montgomery County Planning Commission and other pertinent
reports;
(b)
Determine whether the final minor subdivision
plan/minor land development plan meets the objectives and requirements
of this chapter and other pertinent regulations and ordinances;
(c)
Recommend revisions, if any, so that the plan
will conform to Township regulations and ordinances; and
(d)
Recommend approval or disapproval of the final
minor subdivision plan/minor land development plan in a written report
to the Board of Supervisors.
(13)
The Board of Supervisors shall, within 75 days
following the date of the first meeting of the Planning Commission
next following the date of the acceptance of the final minor subdivision
plan/minor land development plan application:
(a)
Review the reports of the Planning Commission,
Montgomery County Planning Commission, Manager and other reviewing
agencies;
(b)
Determine whether the final minor subdivision/minor
land development plan meets the objectives and requirement of other
pertinent regulations and ordinances;
(c)
Recommend revisions if any so the plan will
conform to Township regulations and ordinances; and
(d)
Approve or disapprove the final minor subdivision/minor
land development plan. If disapproved, the Board of Supervisors shall
state the reasons for this action.
(14)
The decision of the Board of Supervisors and
any conditions imposed by the Board of Supervisors shall be in writing
and shall be communicated to the applicant or his agent personally
or mailed to him at the last known address not later than 15 days
following the decision or within such time limits as may be required
by the Pennsylvania Municipalities Planning Code.[3] Furthermore, approval shall be rescinded automatically
upon the applicant's or the applicant's agent's failure to accept,
in writing, conditions imposed by the Board of Supervisors within
seven days of receipt of the written decision.
[3]
Editor's Note: See 53 P.S. § 10101
et seq.
(15)
If the final minor subdivision/minor land development plan is approved, the applicant shall submit to the Board of Supervisors two linen copies and five paper copies of the approved final minor subdivision/minor land development plan, with the signatures of the required agencies specified in § 105-21.
FINAL PLAN PROCEDURE
MINOR SUBDIVISIONS AND LAND DEVELOPMENTS
|
A.
Copies of the approved final plan shall, within 90
days of the date of approval, be recorded by the applicant in the
office of the Recorder of Deeds of Montgomery County. The applicant
shall notify the Board of Supervisors in writing of the date of such
recording and the plan book and page wherein such subdivision or land
development is recorded. If the plan is not recorded within the ninety-day
period, the approval shall lapse and become void.
B.
Effect of recording.
(1)
After a subdivision or land development has been duly
recorded, the streets, parks and other public improvements shown thereon
shall be considered to be a part of the Official Map of the Township.
(2)
Streets, parks and other public improvements shown
on a subdivision or land development 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.
(3)
Every street, park or other improvement shown on a
subdivision or land development 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 resolution, and recorded in the office of
the Clerk of Common Pleas of Montgomery County, or until it has been
condemned for use as a public street, park or improvement.
[Amended 12-9-1982 by Ord. No. 447]
A.
The subdivision of land for agricultural purposes
into lots of more than 10 acres, not involving any new street or easement
of access or residential dwelling, shall be exempted from this chapter.
To ensure compliance with the criteria for exemption, no owner shall
effect a subdivision or land development, even for agricultural purposes
in lots of more than 10 acres, unless the owner receives a certification
of exemption from the Board of Supervisors based upon the owner's
written proof that:
B.
The Board of Supervisors shall review the request
for exemption. If satisfied that the above criteria are met, the Board
of Supervisors shall issue a written certification of exemption. If
the Board of Supervisors find that all of the criteria are not met,
the Board of Supervisors shall notify the owner that the proposed
subdivision is required to comply with all of the procedures and requirements
of this chapter.