This article provides simplified procedures for submitting and
reviewing minor subdivisions, certain land developments and lot line
adjustments.
The following submission and review process shall apply for minor subdivisions, lot line adjustments, annexations, land developments involving only a single nonresidential building or building addition of less than 10,000 square feet of building floor area with no additional dwelling units, and what the Township determines to be minor revisions of approved plans under § 192-41.
B.
Required submission.
(1)
The applicant shall file with the Township staff at least 30 calendar days prior to a regular Planning Commission meeting the required fees and the information and plans required under this Article VII. Any subsequent submittal of revised plans shall be submitted at least 12 days before a Planning Commission meeting where the plans are intended to be reviewed, unless permission is granted for a later submittal by the Township Engineer or Planning Commission. These deadlines may be revised by resolution of the Board of Commissioners.
(2)
If a state road is involved, the applicant shall forward the required
information to PennDOT and apply for a highway occupancy permit. If
such permit is not granted prior to final plan approval, then it shall
automatically be a condition of final plan approval, and the plans
shall not be signed or released for recording by the Township until
the PennDOT permit is granted.
(4)
A soil erosion and sediment pollution control plan shall be provided
to the County Conservation District, unless waived by the Township.
(5)
Revisions. A detailed list of revisions and response to each comment
from a previously submitted plan shall be provided whenever a revised
plan is submitted. The developer's plan preparer shall certify that
the list of revisions is complete.
C.
Initial actions by the staff.
(1)
The staff shall review the submission items filed against a checklist
for completeness and shall report such review to the Commission at
its next regularly scheduled meeting.
(2)
The staff shall retain one file copy of all materials submitted by
the applicant.
(3)
The staff shall forward to the Commission, at or before the next
regularly scheduled meeting of the Commission, at least one copy of
the application form, at least one copy of the final plan checklist,
several copies of the final plan and at least one copy of the supporting
documents.
D.
Determination of completeness by Planning Commission.
(1)
Based upon the initial review of the Township staff and/or the Township
Engineer, the Planning Commission shall have authority, at its first
regularly scheduled meeting after the submission is filed in a timely
fashion, to determine that a submission is incomplete and therefore
to refuse to review the submission further and to do one of the following:
(a)
Not accept the submission, indicating the deficiencies, and
return the fee (minus the costs of any Township review) to the applicant.
(b)
Accept the submission as being filed for review on the condition
that the applicant shall file such additional required materials and
information to the staff or appropriate agency or person within a
certain number of days from the date of such acceptance.
(c)
Table the acceptance of the submission until the next Planning
Commission meeting where the applicant has met all of the submittal
requirements and has filed such materials within the required time
period prior to the meeting. The ninety-day time limit for action
shall not begin until such acceptance.
(d)
Recommend that the plan be rejected by the Board of Commissioners
for just cause.
(2)
If the Commission determines that the submission is significantly
complete, as filed and as required, the Commission shall accept the
plans and may begin its review.
(3)
Zoning variances and approvals.
(a)
Applications for a subdivision or land development shall comply with Chapter 220, Zoning, as amended. An application under this chapter shall not be considered to be complete for the purposes of starting the clock for the state-mandated ninety-day time limit if one or more zoning variances or special exceptions or conditional use zoning approvals will be required for the subdivision or land development to legally occur as submitted, until such time as the needed zoning variances and approvals have been granted. During this time, the application may still be reviewed by the Township.
[1]
If a zoning variance or special exception or conditional use
approval is needed and has not be granted, then the Board of Commissioners
shall have sufficient grounds to deny approval of the application.
[2]
At the discretion of the Board of Commissioners, a subdivision
or land development may be approved conditioned upon the later approval
of a zoning variance, special exception or conditional use.
(b)
A subdivision or land development approval shall not be delayed because of a court appeal of a zoning variance, special exception or conditional use that was granted to the developer. Instead, satisfactory resolution of such appeal shall be a condition for approval under this chapter. If a developer appeals a zoning variance, special exception approval or conditional use approval that was not granted to him/her, then Subsection D(3)(a) above shall still apply.
E.
Review by Township staff.
(1)
Review by Township Engineer. The Township Engineer shall review the
engineering considerations in the plan and prepare an initial report
on such considerations to the Planning Commission. The Township Engineer
may make additional reports and recommendations to the Planning Commission
and the Board of Commissioners during review of the plan.
(2)
Review by Township Zoning Officer. The Zoning Officer shall review
the zoning considerations in the plan and prepare an initial report
on such considerations to the Planning Commission. The Zoning Officer
may make additional reports and recommendations to the Planning Commission
and the Board of Commissioners during review of the plan.
F.
Review by Planning Commission. The Planning Commission shall accomplish
the following within the time limitations of the Pennsylvania Municipalities
Planning Code[1] (unless the applicant grants a written time extension).
(1)
Review all applicable reports received from the appropriate review
agencies and officers;
(2)
Determine whether the final plan submission meets the requirements
of this chapter and other applicable ordinances;
(3)
Review the final plan submission and recommend some or all revisions
that may be needed to address compliance with this chapter and other
applicable ordinances;
(4)
Recommend whether any requested waivers or modifications should be
approved; and
(5)
Recommend approval, conditional approval or disapproval of the final
plan submission in an advisory report to the Board of Commissioners,
which may include recommending conditions for approval or describing
requirements which have not been met.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
G.
Review by Board of Commissioners. The Board of Commissioners shall:
(1)
Review the report of the Commission and any reports received from
any other official reviewing agencies;
(2)
Determine whether the final plan submission meets the requirements
of this chapter and other applicable ordinances;
(3)
Approve, conditionally approve or disapprove the final plan submission
within the time required by the Municipalities Planning Code[2] (NOTE: as of 2008, this law requires the Board of Commissioners
to act not later than 90 days following the date of the first regular
meeting of the Commission held after it has been duly filed for review,
but in no case shall the Board of Commissioners' decision be made
later than 120 days following the date the submission was accepted
as being filed for review, unless the applicant grants a written extension
of time);
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
(4)
County Planning Commission review. No subdivision or land development
shall be granted final approval until a report is received from the
County Planning Commission or until the expiration of 30 days from
the date the application was forwarded to the County Planning Commission,
whichever shall occur first.
H.
Decision by Board of Commissioners.
(1)
The decision of the Board of Commissioners shall be in writing and
shall be communicated to the applicant or his/her representative personally
or mailed to him/her or otherwise provided in compliance with state
law at the last known address not later than 15 days following the
decision.
(2)
The approval of the final plan by the Board of Commissioners shall
not by itself constitute an acceptance of the dedication of any street
or other proposed public way, space or area, unless such acceptance
is specifically made at such time.
(a)
Any such acceptance of dedication shall only occur after formal
action by the Board of Commissioners at such time.
(b)
If the Board of Commissioners elects to accept lands offered
for dedication, the submission shall be accompanied by duly executed
instruments of conveyance to the Township. Such instruments shall
state that the title thereof is free and unencumbered. The Board of
Commissioners may require an applicant to provide title insurance.
(3)
If a final plan submission is disapproved, the decision shall specify
defects found in the submission, shall describe requirements which
have not been met, and shall cite the provisions of the statute or
ordinance relied upon in each case.
(4)
Conditions. If conditions are placed upon an approval, it shall be
the responsibility of the applicant, in writing, to accept or reject
the conditions within a maximum of five days after the date that the
decision of the Board of Commissioners is mailed. If the applicant
fails to accept or reject the conditions within such time period,
then it shall be presumed that the applicant has accepted all of the
conditions upon the approval. If the applicant rejects any condition,
then the approval shall be rescinded, unless a decision of a court
determines such condition was not valid.
All of the following information and materials listed in this section are required as part of all minor subdivision submissions, other than lot line adjustments or submittals under § 192-41. This list of requirements shall serve as both a list of requirements and as a checklist for the applicant and the Township to ensure completion of submissions. The applicant shall submit completed photocopies of this section as part of the application.[1]
[1]
Editor's Note: Said checklist is included as an attachment to this chapter.
A.
The reduced submission requirements listed in this section[1] shall apply, together with the procedural requirements of § 192-39, if either of the following apply:
(1)
The proposal will meet the definition of a "lot line adjustment";
and/or
(2)
In the determination of the Township staff, which may be based upon
the advice of the Township Engineer, the proposal will involve revisions
to a previously approved plan and those revisions only involve changes
in the supporting documentation or engineering details or are to correct
erroneous data or minor omissions concerning a plan previously granted
final plan approval.
[1]
Editor's Note: Said requirements are included as an attachment to this chapter.
B.
The list of requirements [2] shall serve as both a list of requirements and as a checklist
for the applicant and the Township to ensure completion of submissions.
The applicant shall submit completed photocopies of this section as
part of the application. The required information listed in this section
may be combined or separated onto different sheets, provided that
the plans will be clearly readable.
[2]
Editor's Note: Said requirements are included as an attachment to this chapter.
C.
Additional information. The Planning Commission may require that
a plan under this section include the submission of specific additional
information that would be required if the plan would be a final minor
subdivision plan, if such specific information is necessary to determine
compliance with this chapter.
Section 192-32 shall apply.
Article IX shall apply.
