Hereafter all plans for subdivision of land within the boundaries
of Middle Smithfield Township shall be submitted to and reviewed by
the Township Planning Commission and the Board of Supervisors and
shall be approved, approved subject to specified conditions acceptable
to the applicant or rejected by Middle Smithfield Township in accordance
with the procedures outlined in this article.
Submission of a sketch plan is not required by this chapter;
however, any person or party may submit to the Planning Commission,
for informal discussion, a sketch plan of any proposed subdivision
or land development.
A.
Six copies of the sketch plan and any supporting data may be submitted
to the Planning Commission at a regularly scheduled meeting.
B.
Sketch plan presentation. When the sketch plan is presented to the
Planning Commission, the plan will be informally discussed at the
meeting. However, a report is not necessarily required by the Township
Engineer.
(1)
If the Planning Commission desires a report from the Township Engineer,
the discussion of the sketch plan may be tabled until the next regularly
scheduled meeting.
(2)
If the applicant desires a report from the Township Engineer, the
discussion of the sketch plan may be tabled until the next regularly
scheduled meeting of the Planning Commission.
(3)
If a report is requested by the applicant, he/she shall be responsible
to pay any review charges prior to discussion of the sketch plan by
the Planning Commission.
A properly submitted sketch plan should be reviewed and discussed
in the following manner. A sketch plan shall not be considered an
official submission of a subdivision or land development plan to the
Township.
A.
Purpose of the submission. A sketch plan shall be only a submission
for an informal discussion between the applicant and the Planning
Commission to discuss, in advance, the following:
B.
Review by the Township staff and/or the Township Engineer. Upon request
by the Planning Commission and/or applicant, the Township Engineer
and/or Township staff should review the sketch plan to determine its
conformance with these regulations and all other applicable ordinances.
(1)
Recommendations. The Township Engineer may recommend changes to the
Plan and may highlight some ordinance compliance issues. However,
a full list of compliance issues is not required.
(2)
Report. Any report of the Township Engineer shall be in writing and
should be submitted to the Planning Commission and the applicant or
the applicant(s) representative.
C.
Discussion by the Planning Commission. A sketch plan should be discussed
by the Planning Commission at a meeting after submittal or, if a report
from the Township Engineer is requested, at the next regularly scheduled
meeting. During the discussion of the sketch plan, the Planning Commission
should consider, when received, the written report of the Township
Engineer.
The following provisions apply to both conservation developments
and conventional developments.
A.
Site tour. Applicants are very strongly encouraged to cooperate in
an on-site tour of the property by Township officials. See the language
in the application form that requests permission for a site tour.
This site tour should be scheduled as soon as possible after the applicant
has provided copies of a map of existing conditions. (Note: Under
a preliminary plan submittal, this map is known as the "existing resources
and site analysis plan.") This site tour should occur before preliminary
plans have been completed.
(1)
This site tour is intended to informally:
(a)
Familiarize Township officials with the property's existing
features, particularly including scenic views and the site's relationship
to surrounding areas;
(b)
Identify potential site design issues that will need to be addressed;
and
(c)
Discuss site design concepts, including the general layout of
proposed development and open spaces.
(2)
Comments made during the site visit shall not be binding upon
the Township, and no formal action or recommendation shall be made
during the site visit.
B.
Sketch plan. Prior to the submission of a preliminary plan, applicants
are very strongly encouraged to submit a sketch plan. A sketch plan
review often allows an applicant to save substantial time and engineering
costs because many concerns about layout and issues concerning Township
ordinances can be resolved prior to detailed engineering. This can
often reduce the need for future redesign at a more detailed stage,
thereby saving the applicant significant money and time. No official
action is required on a sketch plan, so it will not delay the submittal
of a preliminary plan.
C.
Site design process. As part of or prior to the submittal of a preliminary
plan for a major subdivision or land development that involves over
three acres of land for a nonresidential project or six or more dwelling
units for a residential project, the applicant shall provide the following
mapping and prove to the Planning Commission that the following site
design process was followed in designing the proposed development.
(Note: It is requested that this process be demonstrated during a
sketch plan stage, but if that occurs, it shall not start the time
limit for approval by the Township of a plan submittal.)
(1)
Applicants are strongly encouraged to submit these sketches
as part of the sketch plan process to avoid delays to the applicant
in preliminary plan approval. Submittal at the sketch plan stage will
greatly increase the likelihood that all issues will be able to be
resolved in time to meet the standard ninety-day time clock for approval
of a preliminary plan, without needing time extensions.
(2)
This process is intended to show everyone how the special features
of the property relate to resource areas on adjacent lands and how
the development will properly relate to the features of the land that
are most worthy of conservation. See the existing resources and site
analysis submission provisions in ` VI. Existing conditions shall
be accurately mapped. For the sole purposes of meeting this section,
the mapping of proposed development may be at a sketch plan level
of detail.
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The following sketches are provided courtesy of the Natural
Lands Trust.
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(3)
Delineation of open space. Using the mapping of existing resources
and site analysis, the applicant shall delineate areas that are proposed
to be preserved as conservation open space (in the case of a conservation
development), common open space (if required by this chapter or other
sections of the Zoning Ordinance[1]) and/or otherwise through conservation easements.
(a)
If a conservation development is proposed, then the applicant
shall show compliance with the applicable requirements of the Zoning
Ordinance, including, but not limited to, the following:
[1]
Providing calculations of the minimum percent and
acreage of required conservation open space, which shall be submitted
at the sketch plan stage or the preliminary plan stage, whichever
submission occurs first.
[2]
Proposed conservation open space shall be designated
using the existing resources and site analysis map as a base map.
The applicant shall prove compliance with applicable provisions of
the Zoning Ordinance[2] and § 170-70.1 of this chapter, including the priorities listed in § 170-70.1B(2). Primary conservation areas shall be delineated comprising one-hundred-year floodplains, wetlands and slopes over 25%. (Note: The definition of "primary conservation areas" is independent of any "density factors" that may be required to be applied under the Zoning Ordinance.)
[3]
The proposed conservation open space shall maximize
opportunities to interconnect open spaces with important natural features
and common/conservation open space on neighboring properties. The
applicant should consider any map of potential conservation areas
that may have been prepared by the Township.
[4]
In delineating secondary conservation areas, the applicant shall prioritize natural and cultural resources on the tract in terms of their highest to least suitabilities for inclusion in the proposed conservation open space in consultation with the Planning Commission and in accordance with § 170-70.1 of this chapter and applicable sections of the Zoning Ordinance.[3]
[5]
The locations of the conservation open space shall take into account the priorities for conservation open space as provided in § 170-70.1B(2) of this chapter. On the basis of those priorities and practical considerations given to the tract's configuration, its context in relation to resource areas on adjoining and neighboring properties and the applicant's subdivision objectives, secondary conservation areas shall be delineated to meet at least the minimum area percentage requirements for conservation open space and in a manner clearly indicating their boundaries as well as the types of resources included within them.
(b)
If a conservation development is not proposed, the applicant
shall show measures that will be used to minimize impacts upon important
natural features. The applicant shall show that every reasonable effort
has been made to locate development to avoid the over twenty-five-percent
slopes, one-hundred-year floodplain and wetlands and minimize impact
upon the secondary conservation areas. In addition to meeting any
requirement for common open space, important natural features should
also be protected as part of individual lots (such as large rear yards
and/or through conservation easements).
(4)
Potential development areas concept map. Based upon consideration
of the existing features map and the primary and secondary conservation
areas (as described above), the potential development areas shall
be mapped. These potential development areas are areas that are best
suited for the majority of the development on the tract.
(5)
Location of home sites. In respect of the primary and secondary
conservation areas described above, the approximate proposed locations
of new homes/principal buildings shall then be selected. It is recognized
that on-lot septic system suitability needs to influence these choices,
when septic systems are used. It is also recognized that some intrusions
into the secondary conservation areas may be necessary to allow reasonable
uses of the land, provided that such development is carefully located
and designed to minimize impacts upon valuable resources and features.
These home sites can also be selected to maximize views, including
views into the conservation areas.
(a)
While the mapping of existing features required by this section
is required to be accurate and to scale, the locations of proposed
home sites, lot lines, roads and trails may be at a sketch plan level
of detail for the purposes of complying with this section.
(b)
The applicant shall provide a written and graphic analysis of
how the proposed development will respect and incorporate the important
resources of the site and be coordinated with resources, open space/trail
corridors and views on surrounding properties. This may involve an
"overlay" map that shows important natural features and proposed development.
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i
(b).tif.png) |
(6)
Layout of streets and trails. A sketch of the tentative street
layout shall then be designed to serve the appropriate building sites.
Trails should also be considered to link together common open spaces,
clusters of homes and other destinations (such as nearby stores, parks
and schools). Building sites should be clustered together to minimize
expensive wetland and creek crossings by roads.
.tif.png) |
(7)
Drawing the lot lines. Tentative lot lines shall then be drawn
on the site to encompass the proposed building sites, to result in
a development concept plan. Once this sketch is prepared, then more
detailed engineering may be completed.
.tif.png) |
Submission of a preliminary plan for all major subdivisions
is required by this chapter and shall be completed as follows:
A.
Plan to be filed with the Township.
(1)
Copies of the preliminary subdivision plan and all required supporting
data shall be submitted to the Township Secretary by the subdivider.
(2)
Plan submission. The preliminary subdivision plan and supporting
data shall be presented to the Township Secretary at least 10 business
days prior to the meeting at which the subject plan is to be first
reviewed by the Planning Commission.
B.
Preliminary subdivision plan review fee. The Township Secretary shall
collect a review fee and a review escrow account deposit in compliance
with resolution(s) of the Board of Supervisors.
(1)
Costs covered by fees. Fees shall be charged in order to cover the
costs of reviewing plans and reporting thereon and other expenses
related to the review and Township actions.
(2)
The subdivider shall pay the appropriate fee at the time of submission
of the application for review of the preliminary subdivision plan
to the Township Secretary.
C.
Number of copies to be submitted. The official submission of the
preliminary subdivision plan shall be comprised of the following:
(1)
Plan review application: 17 completed and signed plan review applications
(18 applications are required if subdivision abuts an adjacent municipality).
(2)
Subdivision plan: 17 legible paper prints of the preliminary subdivision plan which shall fully comply with the requirements of § 170-92 (18 prints are required if subdivision abuts an adjacent municipality).
(3)
Modification requests: 15 copies of each request for a modification
of regulations (using the form in Appendix D-8 in Attachment 3).
(4)
Water supply and distribution: 10 legible paper prints of any proposed
water supply and distribution system in accordance with Appendix A
in Attachment 1 (when applicable).
(5)
Sewage collection and disposal: 10 legible paper prints of any proposed
sewage collection and disposal system in accordance with Appendix
B in Attachment 2 (when applicable).
(6)
Center-line profiles: nine legible paper prints of center-line profiles for all streets in conformance with § 170-93A.
(7)
Stormwater management plan: nine legible copies of a stormwater management
plan in conformance with the Township Stormwater Management Ordinance,[1] including a narrative report, construction sequence, maintenance
program and a completed and signed construction and drainage permit
application.
(8)
Erosion and sedimentation control plan: nine legible copies of an erosion and sedimentation control plan using measures that shall, at a minimum, meet the standards of Chapter 102 (Erosion and Sediment Pollution Control) of Title 25, Rules and Regulations of DEP, including nine copies of a plan submission receipt from the County Conservation District.
(9)
Construction certification: eight copies of a completed construction
certification using the form in Appendix D-14 in Attachment 3. (The
construction certification must be signed prior to unconditional approval
of the preliminary subdivision plan unless the applicant provides
a written and signed statement that construction will not begin until
after final plan approval.)
(10)
Additional data: eight copies of each of the following:
(a)
Any proposed offers of dedication or reservation of rights-of-way
or land areas with conditions attached.
(b)
Any proposed deed restrictions or protective or restrictive
covenants referenced to the preliminary subdivision plan or special
area of the plan.
(c)
Latest deed(s) of record for the plan property.
(11)
DEP land planning module: seven copies of the appropriate DEP
land planning module, complete as required, that has been designated
suitable and signed by the Sewage Enforcement Officer (when applicable).
D.
If the applicant presents proof at the time of submission of the application to the Township Secretary that the plan was accepted for review by the County Planning Commission, two copies of each item in Subsection C(1) through (8) may be deleted; however, if the proof is not submitted, the applicant shall include the appropriate County Planning Commission plan review fee, made payable to the County of Monroe. The applicant shall separate the foregoing submission into packets as set forth in Subsection F below and label each packet for distribution.
E.
Official date of the preliminary subdivision plan submission. The
official date of the preliminary subdivision plan submission shall
be determined as follows:
(1)
Plan acceptance. At the first regularly scheduled meeting of the
Planning Commission at which a quorum is present following the submission
of all required completed plans and documents to the Township Secretary,
the Commission shall accept the plan submittal if it is complete.
(2)
If, during the review process, it is determined that the submittal
is not complete, the submission date shall be automatically rescinded
and a resubmission date shall reflect the date when the missing or
uncompleted plans or documents are submitted to the Township staff.
A properly submitted preliminary subdivision plan shall be processed
in the following manner:
A.
Review by the Township staff and/or the Township Engineer. The Township
staff and/or the Township Engineer shall review the preliminary subdivision
plan to determine its accuracy, completeness and compliance with these
regulations and all other applicable ordinances and plans.
(1)
Recommendations. The Township staff and/or the Township Engineer
may recommend changes or modifications to the submittal.
(2)
Report. The report of the Township staff and/or the Township Engineer
shall be in writing and shall be submitted to the Planning Commission
and the applicant or the applicant(s) representative.
B.
The Board of Supervisors may comment on the preliminary subdivision
plan at any time during the process.
C.
Comments from interested persons or parties. Any interested persons
or parties may submit written comments on the preliminary subdivision
plan to the Township staff.
D.
Review by the Planning Commission. When the preliminary subdivision
plan has been properly submitted, such plan shall be reviewed by the
Planning Commission.
(1)
Considerations of reviews. During the review of the preliminary subdivision
plan, the Planning Commission shall consider the written report of
the Township staff and/or the Township Engineer, the report of the
County Planning Commission, if received, any comments the Board of
Supervisors may submit and any relevant comments submitted by any
and all other interested persons or parties. Verbal comments may be
given at the review meeting; however, irreverent, immaterial or unduly
repetitious testimony or comment may be excluded. The Planning Commission
may request any additional information it deems necessary to determine
compliance with Township ordinances from the applicant (such as street
cross sections, etc.).
A.
The Planning Commission shall recommend a preliminary subdivision
plan to the Board of Supervisors for approval, for approval subject
to specified conditions, or for rejection. When a preliminary subdivision
plan has been forwarded to the Board of Supervisors after recommendations
by the Planning Commission, the Supervisors shall review the plan
and take appropriate action. The Board of Supervisors shall act on
a properly submitted and reviewed preliminary subdivision plan in
conformance with the following procedures.
B.
When a modification of regulations by the Board of Supervisors is
requested, the modification shall, after recommendations by the Planning
Commission, be submitted to the Board of Supervisors for its action
prior to approval of the preliminary subdivision plan.
C.
Approval of a preliminary subdivision plan.
(1)
When the Board of Supervisors finds the preliminary subdivision plan
and all related plans and data complete and in conformance with the
requirements of all applicable Township ordinances and regulations
and a motion is duly carried to approve the preliminary subdivision
plan, the Chairperson and the Secretary of the Board of Supervisors
shall, upon submission of a signed construction certification, endorse
and seal three paper prints of the preliminary plan and distribute
the prints as follows:
(2)
After receiving preliminary plan approval and after the submittal
of proof of an earth disturbance permit approval or a letter of adequacy
of the erosion and sedimentation control plan from the County Conservation
District, a construction and drainage permit for the subject subdivision
may be issued by the Township. However, it is strongly recommended
that applicants do not start any construction until after they receive
final subdivision approval. Any grading or construction before final
plan approval shall be at the risk of the applicant, if changes are
made at final plan stage.
D.
Approval of a preliminary subdivision plan subject to specified conditions.
When the Board of Supervisors finds that the preliminary subdivision
plan and/or related plans need only minor corrections that will not
materially affect the plan and a motion is duly carried to approve
the plan subject to specified conditions, the following shall apply:
(1)
Applicant's acceptance of the specified conditions.
(a)
The applicant may accept the Board of Supervisors' specified
conditions, in writing, by signing a completed plan review report
within 15 calendar days after the date of the action to approve the
plan subject to the specified condition.
(b)
When the applicant does not accept the Board of Supervisors' specified conditions within the above time limit, the preliminary subdivision plan approval shall be automatically rescinded and changed to plan rejection as submitted with no further action on the part of the Township, and a new plan submission in accordance with § 170-18 shall be required.
(2)
Time limitations for addressing the specified conditions.
(a)
A time limit for addressing the specified conditions may be
set by the Board of Supervisors, not to exceed one year, and when
no time limit is specified, the specified conditions must be addressed
and a revised plan submitted so action may be taken by the Board of
Supervisors within six months from the date of the conditional approval.
A written time extension may be approved by motion of the Board of
Supervisors where good cause is shown. (This time limitation shall
be considered a mandatory condition of approval of the plan.)
(b)
When the specified conditions are not addressed and a corrected
plan submitted so action may be taken within the applicable time limitations,
the subject plan shall be automatically rejected with no further action
by the Township.
(3)
Specified conditions accepted. When the applicant accepts the Board
of Supervisors' specified conditions and signifies such by signing
the plan review report, the following procedures shall apply:
(a)
The Chairperson of the Board of Supervisors shall endorse the
plan review report, retain a copy for the Board of Supervisors' files,
and present or mail a copy to the applicant with a list of the specified
conditions attached.
(b)
The applicant may correct or modify the preliminary subdivision
plan and/or related plans to address the specified conditions and
submit two corrected copies to the Township staff and/or the Township
Engineer.
(c)
The Township staff and/or the Township Engineer shall check
the plan and/or related plans to verify that the specified conditions
have been complied with, and when he/they determine that the preliminary
subdivision plan and/or related plans have been corrected to satisfactorily
address all of the specified conditions, he/they shall so note, in
writing, to the applicant, endorse one copy of the plan as corrected
and forward the copy to the Board of Supervisors. If the Township
Engineer and the applicant cannot agree that the submitted corrections
do indeed comply with the intent of the Board of Supervisors' specified
conditions, the applicant may resubmit the preliminary subdivision
plan to the Board of Supervisors for reconsideration at the next regularly
scheduled meeting.
(4)
Plan approval after specified conditions have been complied with.
(a)
When proof of compliance with the Board of Supervisors' specified
conditions has been obtained from the Township staff and/or Township
Engineer, the applicant may present three paper prints of the corrected
preliminary subdivision plan along with the proof of compliance and
a signed construction certification to the Township Secretary for
signatures of the Chairperson and the Secretary of the Board of Supervisors,
application of the Board's seal, and distribution as follows:
(b)
At this point, upon the submittal of an earth disturbance permit
approval or a letter of adequacy of the erosion and sedimentation
control plan from the County Conservation District, a construction
and drainage permit for the subject subdivision may be issued by the
Township.
E.
Rejection of a preliminary subdivision plan. When the Board of Supervisors
finds the preliminary subdivision plan and/or related plans need major
corrections that could materially affect the plan and a motion is
duly carried to reject the preliminary plan, the Chairperson shall
endorse the plan review report rejecting the subject plan.
(1)
List of defects. When the action is to reject the preliminary subdivision
plan, a list of the defects found in the plan and/or related plans
describing the requirements which have not been met and a citation
for each requirement to the provision of the statute or ordinance
relied upon shall be contained in the plan review report.
(2)
Plan review report distribution. The endorsed plan review report
containing a list of the defects found shall be distributed as follows:
F.
Notice of decision. The decision of the Board of Supervisors shall
be in writing and shall be communicated to the applicant personally
or mailed to him/her at the applicant's last known address not later
than 15 days following the decision.
The Board of Supervisors shall render its decision within the
time limits established by the MPC. (Note: As of 2016, such limits
generally require action to be taken no later than 90 days from the
date of the official preliminary subdivision plan submission as listed
on the plan submission receipt or 90 days from the 30th day following
the date the submission is filed with the Township Secretary, if the
next meeting of the Planning Commission occurs more than 30 days after
filing, whichever first occurs, or after a final order of court remanding
the preliminary subdivision plan application.)
A.
Deemed approval of the preliminary subdivision plan.
(1)
Failure of the Board of Supervisors to render its decision within
the time prescribed shall be deemed an approval of the submitted preliminary
subdivision plan and related data, unless the applicant has agreed,
in writing, to extend the action time limitations.
B.
Deemed action on the preliminary subdivision plan. Any of the actions described in §§ 170-20 shall be deemed as action on the preliminary subdivision plan by the Township and shall constitute conformance with the time limits above and also with the ninety-day review and action period as set forth in § 508 of the MPC, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
Submission of a final plan for all major subdivisions is required
by this chapter and shall be completed as follows:
A.
Final plan conformation. The final major subdivision plan shall conform
in all important aspects to the preliminary plan as previously approved
by the Board of Supervisors and shall incorporate all modifications
as required or granted by the Supervisors in its review of the preliminary
subdivision plan.
B.
Plan submission by sections.
(1)
The Township may permit submission of the final major subdivision
plan in sections, each covering a portion of the entire proposed major
subdivision as shown on the previously approved preliminary subdivision
plan.
(2)
Sectionalized plan. When a final major subdivision plan is permitted
to be submitted in sections, a proposed layout of the individual sections,
their boundaries and the order, including the proposed date of their
submission, shall be submitted to the Planning Commission for approval
with or prior to the submission of the first section.
(a)
Number of lots in each section. Each section of a final major
subdivision, except for the last section, shall contain a minimum
of 25% of the total number of lots as depicted on the preliminary
plan.
(b)
A lesser percentage may be approved by the Township in its discretion
upon written application by the applicant setting forth reasons therefor.
C.
Plan to be filed with the Township. Copies of the final major subdivision
plan and all required supporting data shall be submitted to the Township
Secretary by the subdivider. The final major subdivision plan and
supporting data shall be presented to the Township Secretary at least
10 business days prior to the meeting at which the subject plan is
to be first reviewed by the Planning Commission.
D.
Final major subdivision plan review fee. The Township Secretary shall
collect a final plan review fee, and a review escrow account deposit
in compliance with resolution(s) of the Board of Supervisors.
(1)
Review fees. Fees shall be charged in order to cover the costs of
reviewing plans and reporting thereon and other expenses related to
the review and Township actions.
(2)
The subdivider shall pay the appropriate fee at the time of submission
of the application for review of the final major subdivision plan
to the Township Secretary.
E.
Number of copies to be submitted.
(1)
The official submission of the final major subdivision plan shall
be comprised of the following:
(a)
Plan review application: 15 copies of a completed and signed
plan review application.
(b)
Subdivision plan: 15 legible paper prints of the subject final major subdivision plan which shall fully comply with the requirements of § 170-92.
(d)
Sewage disposal certificate: seven copies of a completed and
signed sewage disposal certificate (when applicable) (using the form
in Appendix D-15).[1]
[1]
Editor's Note: Appendix D-15 is included as an attachment to this chapter.
(e)
Water supply certificate: seven copies of a completed and signed
water supply certificate or other acceptable evidence of water supply
(when applicable) (using the form in Appendix D-15).[2]
[2]
Editor's Note: Appendix D-15 is included as an attachment to this chapter.
F.
Official date of the final major subdivision plan submission. The
official date of the final major subdivision plan submission shall
be determined as follows:
(1)
Plan submission date. At the first regularly scheduled meeting of
the Planning Commission at which a quorum is present, following the
submission of all required completed plans and documents to the Township
Secretary, the Commission shall accept the plan submittal if it is
complete.
(2)
If during the review process it is determined that the submittal
is not complete, the submission date shall be automatically rescinded
and a resubmission date shall be later set to reflect the date of
the first regularly scheduled meeting after the missing or uncompleted
plans or documents are submitted.
A properly submitted final major subdivision plan shall be processed
in the following manner:
A.
Review by the Township staff and/or the Township Engineer. The Township
staff and/or the Township Engineer shall review the final major subdivision
plan to determine its accuracy, completeness and compliance with these
regulations and all other applicable ordinances and plans.
(1)
Recommendations. The Township staff and/or the Township Engineer
may recommend changes or modifications, and should identify regulatory
compliance issues.
(2)
Township staff and/or Township Engineer's report. The report of the
Township staff and/or the Township Engineer shall be in writing and
should be submitted to the Planning Commission at or prior to the
meeting at which the final major subdivision plan is to be considered
by the Commission.
B.
Comments from interested persons or parties. If any interested persons
or parties desire to submit written comments on the final major subdivision
plan, they may submit their comments to the Township during the review
process.
C.
Review by the Planning Commission. The Planning Commission shall
review the final major subdivision plan and take action as follows:
(1)
Review meeting. When the final major subdivision plan has been properly
submitted, such plan shall be reviewed by the Planning Commission
at one or more meetings.
(2)
Consideration of reviews. During the review of the final major subdivision
plan, the Planning Commission shall consider the written report of
the Township staff and/or the Township Engineer, the report of the
County Planning Commission, if received, and any relevant comments
submitted by any and all other interested persons or parties.
(3)
Verbal comments may be given at the review meeting. However, irreverent,
immaterial or unduly repetitious testimony or comment may be excluded.
The Planning Commission shall review a final major subdivision
plan, and such review should conform with the following procedures:
A.
Recommendation for approval of a final major subdivision plan.
(1)
When the Planning Commission finds a final major subdivision plan
is complete and in conformance with the requirements of all applicable
Township regulations and ordinances and a motion, duly carried, is
made to recommend approval of the final major subdivision plan, the
Secretary shall provide written notice of such action to the applicant
or his/her representative and the Board of Supervisors.
(2)
When the Township determines that the final plan is ready for signatures,
the applicant shall provide five paper prints and the three Mylar
prints of the final major subdivision plan, which shall be distributed
as follows:
(a)
Planning Commission. One paper print after it is endorsed and
sealed of the final major subdivision plan shall be retained in the
Planning Commission records.
(b)
Board of Supervisors. Three paper prints and three Mylar prints
of the final major subdivision plan shall be forwarded directly to
the Board of Supervisors for consideration.
(c)
Applicant. One paper print after it is endorsed and sealed of
the final major subdivision plan shall be presented to the applicant.
(d)
Note: Wherever the word "Mylar" is used, the Township may agree
in advance to accept an alternative material that serves the same
purposes and has the same durability.
B.
Recommendation for approval of a final major subdivision plan subject
to specified conditions. When the Planning Commission finds the final
major subdivision plan needs only minor corrections that will not
materially affect the plan and a motion, duly carried, is to recommend
approval of the plan subject to specified conditions, the following
shall apply:
(2)
Time limitations for addressing the specified conditions. See § 170-25F(2).
(3)
Specified conditions accepted. See § 170-25F(3).
(4)
Corrected plan presented. The applicant may correct the final major
subdivision plan to comply with the recommended conditions and present
a corrected copy of the plan to both the Township staff and the Township
Engineer.
(a)
The Township Engineer shall check the plan and verify that the
specified conditions have indeed been complied with, and when he/they
determine that the final major subdivision plan has been corrected
and complies with all of the specified conditions, he/they shall so
note, in writing, to the applicant, endorse one copy of the plan as
corrected and forward the copy to the Township Secretary.
(b)
If the Township Engineer and the applicant cannot agree that
the resubmitted plan does indeed comply with the intent of the Planning
Commission's recommended conditions, the applicant may submit the
corrected final major subdivision plan to the Commission for consideration
and action.
(c)
See § 170-24A(2).
C.
Recommendation for rejection of a final major subdivision plan. When
the Planning Commission finds the final major subdivision plan does
not comply with Township ordinances and the matters are beyond minor
corrections that can be reasonably addressed as a condition, and a
motion, duly carried, is to recommend rejection of the final major
subdivision plan, the Chairperson of the Planning Commission shall
endorse the plan review report as recommending rejection of the subject
plan.
(1)
List of defects. When the action is to reject the final major subdivision
plan, a list of the defects found in the plan and describing the requirements
which have not been met and a citation for each requirement to the
provision of the statute or ordinance relied upon shall be contained
in the plan review report.
(2)
Plan review report distribution. Copies of the plan review report
and list of defects found shall be distributed as follows:
(a)
Planning Commission. One copy of the endorsed plan review report
shall be retained in the Planning Commission records.
(b)
Board of Supervisors. One copy of the endorsed plan review report
shall be forwarded directly to the Board of Supervisors along with
a list of the defects found and a copy of the plan for consideration
at its next regularly scheduled meeting or at a special meeting held
prior thereto.
(c)
One copy of the plan review report shall be presented, mailed
or sent to the applicant or the applicant(s) representative.
Consideration by the Board of Supervisors of a final plan of all major subdivisions is required by this chapter. See § 170-24A(2) concerning distribution of the final plan when it is ready for signatures.
When a final major subdivision plan has been forwarded to the
Board of Supervisors after a recommendation by the Planning Commission,
the Supervisors shall review the plan and take action as follows:
A.
Review of a final major subdivision plan.
(1)
The Board of Supervisors shall review the final major subdivision
plan and consider the recommendations of the Planning Commission and
any and all other relevant comments and reviews presented to them
prior to taking action on the final major subdivision plan.
(2)
Verbal comments may be given at the review meeting; however, irreverent,
immaterial or unduly repetitious testimony or comment may be excluded.
B.
County Planning Commission review. No official action shall be taken
by the Board of Supervisors until the Board has received and considered
the report of the County Planning Commission except that if the report
is not received by the Board within 30 days from the date of transmittal
of the final major subdivision plan to the County Planning Commission,
the Board of Supervisors may officially act without having received
and considered the report.
C.
Public hearing. If the Board of Supervisors desires, it may hold
a public hearing on the final major subdivision plan after the appropriate
public notice.
D.
Approval of a final major subdivision plan. When by a motion, duly
carried, the Board of Supervisors approves a final major subdivision
plan, the Township Secretary shall endorse a completed plan action
report and distribute the report as follows:
E.
Distribution of the endorsed plan. When the Township determines that
the plan is ready for signatures after all requirements have been
met, the Board of Supervisors shall endorse the three paper prints
and three Mylar or equivalent prints of the final major subdivision
plan, enter the date of its endorsement and emboss the endorsed prints
with the Township seal and distribute as follows:
(1)
Township. One paper print and one Mylar print of the endorsed and
sealed final major subdivision plan shall be retained for Township
records.
(2)
Zoning Officer. One paper print of the endorsed and sealed final
major subdivision plan shall be forwarded to the Zoning Officer.
(3)
Applicant. One paper print and two Mylar prints of the endorsed and
sealed final major subdivision plan shall be returned to the applicant.
F.
Approval of a final major subdivision plan subject to specified conditions.
When the Board of Supervisors finds the final major subdivision plan
needs only minor corrections or modifications that will not materially
affect the plan and a motion, duly carried, is to approve the plan
subject to specified conditions, the following shall apply:
(1)
Applicant's acceptance of the specified conditions.
(a)
The applicant may accept the Supervisors' specified conditions,
in writing, by signing a completed plan action report within 15 calendar
days of the date of the action granting approval subject to the specified
conditions.
(2)
Time limitations for addressing the specified conditions.
(a)
A time limit for addressing the specified conditions may be
set by the Board of Supervisors, not to exceed one year and, when
no time limit is specified, the corrected plan addressing the specified
conditions must be submitted so action may be taken within six months
from the date of the action. (This time limitation shall be considered
a mandatory condition of approval of the plan.) A written time extension
may be approved by motion of the Board of Supervisors where good cause
is shown.
(b)
When the specified conditions are not addressed and/or a corrected
plan has not been submitted so action may be taken within the applicable
time limitations, the subject plan shall be automatically rejected
with no further action required by Middle Smithfield Township.
(3)
Specified conditions accepted. When the applicant accepts the Board
of Supervisors' specified conditions and signifies by signing a completed
plan action report, the following procedures shall apply:
(a)
The Township Secretary shall endorse the signed plan action
report attesting to the action of the Board of Supervisors and present
or mail a copy to the applicant.
(4)
Corrected plan presented. The applicant may correct the final major
subdivision plan to comply with the specified conditions and present
a corrected copy to both the Township Engineer and the Township staff.
(a)
The Township Engineer and/or Township staff shall check the
plan and verify that the specified conditions have indeed been complied
with, and when he/they determine that the final major subdivision
plan has been corrected and complies with all of the specified conditions,
he/they shall so note, in writing, to the applicant, endorse one copy
of the plan as corrected and forward the copy to the Board of Supervisors.
If the Township Engineer and/or the Township staff and the applicant
cannot agree that the corrections do indeed comply with the intent
of the Board of Supervisors, the applicant may resubmit the final
major subdivision plan to the Board for its reconsideration.
(b)
When proof of compliance with the Board of Supervisors' specified
conditions has been obtained from the Township Engineer, the applicant
shall present the proof of compliance along with three paper prints
and three Mylar prints of the corrected final major subdivision plan
along with a completed improvements agreement and performance guaranty
or a certificate of satisfactory completion from the Township Engineer
for all required improvements to the Board of Supervisors for approval.
G.
Rejection of a final major subdivision plan. When the Board of Supervisors
finds the final major subdivision plan needs major corrections or
modifications or needs additional data and/or information submitted
that could materially affect the plan and a motion, duly carried,
is to reject the plan, the Township Secretary shall endorse a completed
plan action report attesting to the action of the Board of Supervisors
as rejecting the subject major subdivision plan.
(1)
List of defects. When the action is to reject the final major subdivision
plan, a list of the defects found in the plan describing the requirements
which have not been met and a citation for each requirement to the
provision of the statute or ordinance relied upon shall be attached
to the plan action report.
(2)
Plan action report distribution. The endorsed plan action report
and list of the defects found shall be distributed as follows:
H.
Notice of decision. The decision of the Board of Supervisors on the
final plan shall be in writing and shall be communicated to the applicant
personally or mailed to him/her at the applicant's last known address
not later than 15 days following the decision.
The Board of Supervisors shall render its decision on a major
subdivision plan and communicate it to the applicant within the time
limits established in the MPC,[1] unless a written time extension is granted by the applicant.
A.
Deemed action on the final major subdivision plan.
B.
Deemed approved final major subdivision plan distribution.
(1)
When the plan is deemed approved under the MPC, the Board of Supervisors
shall, when the applicant submits the final major subdivision plan,
endorse and seal a completed plan action report and, upon receipt
of a certificate of completion of all required improvements from the
Township Engineer or an executed improvements agreement and adequate
approved guaranties for the required improvements, endorse and seal
three paper prints and three Mylar prints of the final major subdivision
plan and distribute as follows:
(a)
Township. Two paper prints and one Mylar print of the endorsed
and sealed final major subdivision plan shall be retained for Township
records.
(b)
Applicant. One paper print and two Mylar prints of the endorsed
and sealed final major subdivision plan shall be ready for pickup
by the applicant within 15 days of receipt of the certificate of completion
or improvements agreement and adequate approved guaranties.
(2)
If the deemed approved plan is not endorsed within 15 days, the certificate
contained in Appendix D-13[2] shall be applied to all applicable copies of the major
subdivision plan by the Township Secretary and distributed as set
forth above.
[2]
Editor's Note: Appendix D-13 is included as an attachment to this chapter.
C.
Improvements agreement. A completed and signed improvements agreement (see § 170-90) and a performance guaranty (see § 170-84) or a statement of satisfactory installation (see § 170-83) from the Township Engineer shall be presented to and approved by the Board of Supervisors prior to the final major subdivision plan being recorded.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The applicant shall record the final subdivision plan in the
office of the County Recorder of Deeds within 90 days of the date
of endorsement by the Board of Supervisors, unless the Board of Supervisors
provides a written time extension for good cause. The applicant shall
mail or submit written evidence of the recording to the Township staff
within one business day after the date of the recording.
A.
Failure to record the final subdivision plan. If the applicant fails
to record the final subdivision plan in the Recorder's office within
the required time period, the action by the Township shall become
nullified and be voided and a resubmission of the plan must be made
to the Board of Supervisors.
(1)
Resubmitted plan changes.
(a)
Plan changes shall be considered as follows:
[1]
Combining of adjacent lots shall not be deemed a change.
[2]
Realignment of streets, changes in the number of lots or lot
sizes (either increasing or decreasing except as noted in previous
subsection) shall be deemed a change.
[3]
All other changes shall be determined on a case-by-case basis
by the Board of Supervisors.
B.
Unrecordable final subdivision plans. The following plans shall not
be recorded:
(1)
No subdivision plan may be legally recorded unless it bears original
signatures of the Board of Supervisors approving the plan and an embossed
Township seal.
(2)
No major subdivision plan may be legally recorded unless it has been
submitted to the County Planning Commission and bears a completed
and signed affidavit of plan submission as contained in Appendix D-5.[1]
[1]
Editor's Note: Appendix D-5 is included as an attachment to this chapter.
C.
Final subdivision plans recorded for utility or any other purposes.
Any subdivision plan recorded for utility or any other purposes or
for any purpose other than as required by this chapter shall not be
deemed to be an approved subdivision, and no lots, tracts or parcels
of land can be legally conveyed or leased by or from any such plan.
Submission of a plan for all minor subdivisions is required
by this chapter, and submittal shall be as follows:
A.
Plan to be filed with the Township. Copies of the plan and all required
supporting data and information shall be submitted to the Township
Secretary. The minor subdivision plan and supporting data shall be
submitted to the Township Secretary at least 10 business days prior
to the meeting at which the subject plan is to be presented to the
Planning Commission.
B.
Minor subdivision plan review fee. The Township staff shall collect
a minor subdivision plan review fee as established by resolution of
the Board of Supervisors for review of all minor subdivision plans.
(1)
Review fees. Fees shall be charged in order to cover the costs of
reviewing plans and reporting thereon and other expenses incidental
to the approval, approval subject to specified conditions or rejection
of minor subdivision plans.
(2)
The subdivider shall pay the appropriate fee at the time of submission
of the application for review of the minor subdivision plan to the
Township Secretary.
C.
Number of copies to be submitted.
(1)
The official submission of the minor subdivision plan shall be comprised
of the following:
(a)
Plan review application: 14 copies of a completed and signed
plan review application (15 copies are required if the subdivision
abuts an adjoining municipality).
(b)
Subdivision plan: 14 legible paper prints of the subject minor subdivision plan which shall fully comply with the requirements of § 170-94 (15 prints are required if the subdivision abuts an adjoining municipality).
(c)
Modification requests: 14 copies of each request for a modification
of regulations (using the form in Appendix D-8 in Attachment 3).
(d)
Center-line profiles: eight copies of a center-line profile
of all private access streets setting forth both existing and possible
grades.
(e)
DEP land planning module: seven copies of the appropriate DEP
land planning module found adequate and signed by the Township Sewage
Enforcement Officer (when applicable).
(f)
Sewage disposal certificate: seven copies of a sewage disposal
certificate completed as required (when applicable) (using the form
in Appendix D-15).[1]
[1]
Editor's Note: Appendix D-15 is included as an attachment to this chapter.
(g)
Water supply certificate: seven copies of a water supply certificate
completed as required (when applicable) (using the form in Appendix
D-15).
(h)
Deed(s) of record: seven copies of the latest deed(s) of record.
(2)
If the applicant presents proof at the time of submission to the Township Secretary that the plan was accepted for review by the County Planning Commission, five copies each of items in Subsection C(1)(a), (b), (c) and (d) may be deleted; however, if the plan was not submitted, the applicant shall include the appropriate County Planning Commission plan review fee, made payable to the County of Monroe.
D.
Official date of the minor subdivision plan submission. The official
date of the minor subdivision plan submission shall be determined
as follows:
(1)
Plan submission date. At the first regularly scheduled meeting of
the Planning Commission at which a quorum is present following the
submission of all required completed plans and documents to the Township
Secretary, the Commission shall accept the plan submittal if it is
complete.
(2)
If, during the review process, it is determined that the submittal
is not complete, the submittal date shall be automatically rescinded
and a resubmission date shall reflect the date when the missing or
incomplete plan or documents are submitted to the Township staff.
A properly submitted minor subdivision plan shall be processed
in the following manner:
A.
Review by the Township staff and/or the Township Engineer. The Township
staff and/or the Township Engineer shall review the minor subdivision
to determine its accuracy, completeness and compliance with these
regulations and all other applicable ordinances and plans.
(1)
Township staff and/or Township Engineer recommendations. The Township
staff and/or the Township Engineer may recommend changes or modifications
to the submittal.
(2)
Township staff and/or Township Engineer report. The report of the
Township staff and/or the Township Engineer shall be in writing and
shall be submitted to the Planning Commission at or prior to the meeting
at which the minor subdivision plan is to be considered by the Commission.
B.
Comments from interested persons or parties. If any interested persons
or parties desire to submit written comments on the preliminary plan,
they shall submit their comments to the Planning Commission at or
prior to the meeting at which the minor subdivision plan is to be
considered by the Commission.
C.
Review by the Planning Commission. The Planning Commission shall
review the minor subdivision plan and take action as follows:
(1)
Review meeting. When the minor subdivision plan has been properly
submitted, such plan shall be reviewed by the Planning Commission.
(2)
Consideration of reports and comments.
(a)
During the review of the minor subdivision plan, the Planning
Commission shall consider the written report of the Township staff
and/or the Township Engineer, the report of the County Planning Commission,
if received, and any relevant comments that have been submitted by
any and all other interested persons or parties.
(b)
Verbal comments may be given at the review meeting; however,
irreverent, immaterial or unduly repetitious testimony or comment
may be excluded.
The Planning Commission shall review a properly submitted minor
subdivision plan in conformance with the following procedures:
A.
Recommendation for approval of a minor subdivision plan.
(1)
When the Planning Commission finds a minor subdivision plan to be
complete and in accordance with the requirements of all applicable
Township ordinances, and a motion duly carried is made to recommend
approval of the minor subdivision plan as submitted and/or corrected
or modified, the Chairperson and the Secretary of the Planning Commission
shall forward a written recommendation to the effect.
(a)
Planning Commission. One paper print of the recommendation shall
be retained for Planning Commission records.
(b)
Board of Supervisors. Three paper prints of the recommendation
shall be forwarded to the Board of Supervisors.
(c)
Applicant. One paper copy of the recommendation shall be communicated
to the applicant or his/her representative.
B.
The Planning Commission may recommend that the plan be approved subject
to written conditions.
C.
Recommendation for rejection of a minor subdivision plan. When the
Planning Commission finds the minor subdivision plan needs major corrections
or modifications or needs additional data and/or information submitted
that could materially affect the plan and a motion, duly carried,
is to recommend rejection of the plan, the Chairperson shall complete
and endorse the plan review report recommending rejection of the subject
plan.
(1)
List of defects. When the action is to recommend rejection of the
minor subdivision plan, a list of the defects found in the plan describing
the requirements which have not been met and a citation for each requirement
to the provision of the statute or ordinance relied upon shall be
contained in the plan review report.
(2)
Plan review report distribution. The endorsed plan review report
containing a list of the defects found shall be distributed as follows:
(a)
Planning Commission records. One copy of the endorsed plan review
report shall be retained for Planning Commission records.
(b)
Board of Supervisors. One copy of the endorsed plan review report
shall be forwarded directly to the Board of Supervisors along with
a list of the defects found.
(c)
Applicant. One copy of the endorsed plan review report shall
be presented or communicated to the applicant or the applicant's(s')
representative.
Consideration by the Board of Supervisors of all minor subdivision
plans after action by the Planning Commission is required by this
chapter. A report from the Planning Commission shall be presented
to the Board of Supervisors by the Township staff at a meeting for
its consideration and action.
When a minor subdivision plan has been submitted to the Board
of Supervisors after recommendations by the Planning Commission have
been received, the Supervisors shall review the plan and take action
as follows:
A.
Review of a minor subdivision plan. The Board of Supervisors shall
review the minor subdivision plan and consider the recommendations
of the Planning Commission and other relevant comments and reviews
presented to it prior to taking action on the minor subdivision plan.
Verbal comments may be given at the review meeting. However, irreverent,
immaterial or unduly repetitious testimony and comment may be excluded.
B.
County Planning Commission review. No official action shall be taken
by the Board of Supervisors until the Board has received and considered
the report of the County Planning Commission except that if the report
is not received by the Board within 30 days from the date of receipt
for review by the County Planning Commission of the final minor subdivision
plan, the Board of Supervisors may officially act without having received
and considered the report.
C.
Public hearing. If the Board of Supervisors desires, it may hold
a public hearing on the minor subdivision plan after the appropriate
public notice.
D.
Approval of a minor subdivision plan. When by a motion, duly carried,
the Board of Supervisors approves a minor subdivision plan, it shall
endorse three paper prints and two or three, if applicable, Mylar
prints of the minor subdivision plan that are provided by the applicant,
and enter the date of its endorsement, emboss the endorsed prints
with the Township seal and distribute as follows:
(1)
Township. One paper print and one Mylar print of the endorsed and
sealed minor subdivision plan shall be retained for Township records.
(2)
Applicant. One paper print and one or two, if applicable, Mylar prints
of the endorsed and sealed minor subdivision plan shall be presented
to the applicant.
E.
Approval of a minor subdivision plan subject to specified conditions.
When the Board of Supervisors finds the minor subdivision plan needs
only minor corrections or modifications or additional data or information
needs to be submitted that will not materially affect the plan and
a motion, duly carried, is to grant approval of the plan subject to
specified conditions, the following shall apply:
(1)
Applicant's acceptance of the specified conditions.
(a)
The applicant may accept the Supervisors' specified conditions,
in writing, by signing a completed plan action report within 15 calendar
days after the date of the motion to grant conditional approval.
(b)
When the applicant does not accept the specified conditions
within the 15 calendar days after approval of the minor subdivision
plan, the approval shall be automatically rescinded and the plan rejected
with no further action by the Township.
(2)
Time limitations for addressing the specified conditions.
(a)
A time limit for addressing the specified conditions may be
set by the Supervisors, and when no time limit is set, the specified
conditions must be addressed and the plan resubmitted so action may
be taken within six months from the date of the conditional approval.
(This time limitation shall be considered a mandatory condition of
approval of the plan.) This time limit may be extended, in writing,
by the Board of Supervisors if the applicant shows good cause.
(b)
When all of the specified conditions are not addressed and a
corrected plan submitted to the Board so action may be taken within
the applicable time limitations, the subject plan shall be automatically
rejected with no further action by Middle Smithfield Township.
(3)
Specified conditions accepted. When the applicant accepts the Board
of Supervisors' specified conditions and signifies by signing a completed
plan action report, the following procedures shall apply:
(a)
The Chairperson of the Board of Supervisors shall endorse and
seal the signed plan action report and present or mail a copy to the
applicant.
(4)
Corrected minor subdivision plan presented. The applicant may correct
the minor subdivision plan to comply with the specified conditions
and present a corrected copy to both the Township Engineer and/or
the Township staff.
(a)
The Township Engineer and/or Township staff shall check the
plan and verify that the specified conditions have indeed been addressed,
and when he/they determine that the plan has been corrected and complies
with all of the conditions, he/they shall so note, in writing, to
the applicant, endorse one copy of the plan as corrected and forward
the plan to the Board of Supervisors.
(b)
If the Township Engineer and the applicant cannot agree that
the resubmitted plan does indeed comply with the intent of the Board
of Supervisors' specified conditions, the applicant may submit the
minor subdivision plan to the Board at its next regularly scheduled
meeting for consideration and action.
(5)
Proof of compliance. When proof of compliance with the Board of Supervisors'
specified conditions has been obtained from the Township Engineer,
the applicant shall present three paper prints and two or three, if
applicable, Mylar prints of the corrected minor subdivision plan along
with proof of compliance to the Township Secretary for proper endorsements
and application of the Township seal.
(6)
Endorsed minor subdivision plan distribution. After being endorsed
and sealed, the minor subdivision plan shall be distributed as follows:
(a)
Township. Two paper prints and one Mylar print of the endorsed
and sealed minor subdivision plan shall be retained for Township records.
(b)
Applicant. One paper print and one or (if applicable) two Mylar
prints of the endorsed and sealed minor subdivision plan shall be
presented to the applicant.
F.
Rejection of a minor subdivision plan. When the Board of Supervisors
finds the minor subdivision plan needs major corrections or modifications
or needs additional data and/or information submitted that could materially
affect the plan and a motion, duly carried, is to reject the plan,
the Township Secretary shall endorse a plan action report attesting
to the rejection of the subject plan by the Board of Supervisors.
(1)
List of defects. When the action is to reject the minor subdivision
plan, a list of the defects found in the plan describing the requirements
which have not been met and a citation for each requirement to the
provision of the statute or ordinance relied upon shall be contained
in the plan action report.
(2)
Plan action report distribution. Copies of the plan action report
containing a list of the defects found shall be distributed as follows:
G.
Notice of decision. The decision of the Board of Supervisors shall
be in writing and shall be communicated to the applicant personally
or mailed to him/her at the applicant's last known address not later
than 15 days following the decision.
Section 170-27 shall apply, except the words "minor subdivision" shall be substituted for "major subdivision."
Section 170-28 shall also apply for a minor subdivision.
