The purpose of this article is to set forth the procedures for
the submission, processing and approval of major subdivisions, minor
subdivisions, mobile home parks, land developments, and other developments
covered by this chapter. Generally, the processing will follow similar
steps, although the details on the specific information, drawing scale,
and other items may vary. For general information, the following is
provided:
A.
Minor subdivisions and lot line revisions. This chapter allows a streamlined processing for uncomplicated subdivisions. Generally, these involve small subdivisions along existing roads and changes of lot lines between adjoining properties. No new utilities or roads are involved. A one-step process may be permitted, starting with the final plan. Minor subdivisions and lot line revisions are defined in Article II.
B.
Major subdivisions, mobile home parks and land developments.
(1)
This is a two-stage process, using a preliminary and final plan.
The purpose of the preliminary plan is to set forth the proposed development
in detail. This allows for a comprehensive review of the proposed
development to acquaint the applicant with any requirements that may
have been missed.
(2)
The final plan, be it a subdivision, mobile home park, or land development,
is the document to be officially recorded. If all deficiencies have
been corrected, the final plan can be approved.
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Note: After approval, the completed subdivision plat will be
recorded by the Township within 90 days.
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A.
Minor subdivisions and lot line revisions shall proceed directly
to the final plan phase if they meet the standards as set forth by
this chapter.
B.
Major subdivisions, mobile home parks, land developments, and other
developments shall all use the two-stage process, that is a detailed
preliminary plan followed by a final plan submission.
A.
A subdivision may be classified as minor if it meets the requirements
of the definition of same as contained in this chapter and does not
violate the Township Zoning Ordinance or any other ordinance of this
municipality. This designation may be denied if the parcel presents
unique developmental issues as determined by the subdivision administrator.
Such issues, however, must be clearly spelled out, in writing, and
that determination mailed to the applicant.
B.
A lot line revision must meet the requirements as set forth by the
definition of same contained in this chapter.
A.
For the purpose of this chapter, the Board of Township Supervisors
is the approving body. However, all plans, be they preliminary or
final, must be referred to the Potter Township Planning Commission
and the Beaver County Planning Commission.
B.
By law, the county has up to 30 days to complete its review and submit
comments prior to action by the Board of Supervisors. [See Section
502(b) of the MPC.]
Fees for the processing of subdivisions in the Township of Potter
are set by resolution of the Township Supervisors. Any fee for the
county review is set by that agency. Such fees are the responsibility
of the applicant and must be paid in full concurrent with filing the
application.
A sketch plan/presubmission conference is not required. However,
for a major development, it is highly recommended. The purpose is
to acquaint the developer with the requirements of this chapter and
to avoid unneeded processing or incorrectly prepared plats. This step
may also be helpful for minor subdivisions as the developer or the
developer's surveyor may not understand the requirements of this
chapter.
All plans, preliminary or final, including those for mobile
home parks or land developments, shall adhere to the following steps
unless specifically exempted by this chapter:
A.
Time of submission. All plans must be submitted at least two weeks
prior to the meeting of the Potter Township Planning Commission.
B.
Number of copies. At least 11 copies of the plan and four copies of all required exhibits and one application must be submitted. The size, scale, and type of submission are detailed by Article IV.
[Amended 11-18-2015 by Ord. No. 140]
C.
Subdivision administrator. All plans, exhibits, applications and
correspondence shall be directed to the subdivision administrator.
The subdivision administrator is also responsible for all communications
from the Township, including notices of approval, disapproval and
conditional approval.
D.
Receipt. The subdivision administrator shall review submissions to
determine if all required components, including fees, are included.
If they are not, the incomplete submission will be returned, and it
will not be considered as a formal submission. If all required components
are included, a receipt will be issued. The subdivision administrator
has five business days to complete this review. Any missing requirements,
including required fees, will be listed in any letter of rejection.
Note: The receipt acknowledges only that the submission is complete
and does not determine its compliance with the standards set forth
in this chapter or other applicable regulations.
E.
Time. The Board of Supervisors shall take final action on the plan
no later than 90 days following the date of the next regular meeting
of the Township Planning Commission following the date that a complete
application is filed with the Township; provided, however, that should
the next regular meeting occur more than 30 days following the filing
of the application, the ninety-day period shall then be measured from
the 30th day following the day the application was filed.
F.
Processing. All plans, whether preliminary or final, shall be processed
as follows:
(1)
One copy shall be sent to the Township of Potter Planning Commission.
The Commission shall review same for compliance with this chapter
and any other pertinent regulations and forward its recommendations
to the Board of Township Supervisors.
(2)
Two copies shall be forwarded to the Beaver County Planning Commission
for its review and comment. The plan shall not be approved until comments
are received from that agency or the expiration of 30 days from the
date the application was forwarded. If the county imposes a fee for
its review and report, that fee shall be paid by the applicant.
(3)
Two copies shall be sent to the Township Engineer for review and
comment.
(4)
Two copies shall be retained upon which to record approval, disapproval
or conditional approval.
(5)
The remaining copies shall be distributed as needed.
(6)
After the applicant has received official notification that a preliminary
plan has been approved or conditionally approved and what changes,
if any, must be made if the plan is to proceed to consideration as
a final plan and has accepted these conditions, the developer has
five years in which to submit a final plan. If the developer does
not do so within the five-year period, the approval of the preliminary
plan shall become null and void, unless an extension of time is requested
by the developer, in writing, and is granted, in writing, by the Township
before the expiration date. [See also Section 508(4)(v) of the MPC.]
(7)
Phasing. It is not necessary for the whole plan that received preliminary
approval to be submitted as a final plan. The final plan may be submitted
in sections, each covering a portion of the entire proposed subdivision
shown on the preliminary plan. In the case where development is projected
over a period of years, the Township may authorize submission of final
plats by sections or stages of development, subject to such requirements
or guarantees as to improvements in future sections or stages of development
as it finds essential for the protection of any finally approved section
of the development. [See also Sections 508(4)(v) and 508(4)(vi) of
the MPC.]
G.
Time extensions. If the applicant desires a time extension for preliminary
or final plan approval, a written request shall be made to the Township.
The request shall specify the reasons for the extension. The Township
may grant time extensions, and they shall be for a period of 60 days.
Additional requests for extensions may be entertained.
H.
Approval, disapproval or conditional approval. All actions shall
take place at a public meeting. The Board of Supervisors of Potter
Township is vested with the power to:
(1)
Approve the plan as submitted.
(2)
Disapprove the plan as submitted. If the application is disapproved,
the Board of Supervisors shall cite the deficiencies of the application
and identify appropriate sections of this chapter with which the application
did not comply.
(3)
Conditional approval. The Board of Supervisors of Potter Township
may grant the application a conditional approval. If so, it shall
specify the defects found in the application and those sections of
this chapter or law involved, as appropriate, and what other conditions
must be met for approval. These conditions shall be forwarded to the
applicant and must be accepted by the applicant, in writing, within
20 days of notice thereof. If not accepted in writing, or if rejected,
the conditional approval shall be rescinded and the plan considered
disapproved.
I.
Prior to the approval of the final plan, a fully approved planning
module for land development or nonbuilding waiver(s) by the Pennsylvania
Department of Environmental Protection must be presented.
J.
Notice of action. The subdivision administrator shall notify the
applicant, in writing, by first-class mail, of the decision of the
Board of Supervisors of Potter Township within 15 days of the decision.
A.
After completion of all procedures and upon approval of the final
plan, the plan shall then be recorded with the County Record of Deeds.
In no case shall the final plan be recorded after 90 days from the
date of the final plan approval. The Township shall record the plan,
and the developer/applicant shall be responsible for any fees or costs
incidental thereto.
B.
The final plan shall be recorded with the County Recorder of Deeds
before proceeding with the sale of lots, the issuance of building
permits by the Township of Potter or the construction of buildings.
Proof of such recordation shall be required by the Township Code Officer.
C.
Recording the final plan after approval shall have the effect of
an irrevocable offer to dedicate all public streets and other public
ways to public use and to dedicate or reserve all park reservations
and school sites and other public service areas as provided. Approval
shall not impose any duty upon the Township of Potter concerning maintenance,
acceptance or improvement of any such dedicated streets, parks, areas
of portions of same until the proper authorities of the Township shall
have effectuated acceptance of the same by ordinance.
