A.
Application. Approval of a preliminary plan shall be prerequisite to the filing of a final plan with the Township Planning Commission, except that the requirement for a preliminary plan approval may be waived following a preapplication conference (See Article IV), provided that 1) the subdivision plan complies with the definition for a minor subdivision; or 2) the subdivider does not contemplate further subdivision of the parcel, submits a scale drawing of the entire parcel which delineates the areas to be subdivided, and complies with all requirements for final plans and includes information required in § 380-11 of this chapter.
C.
Action of the governing body. The governing body shall render its
decision on the final plan and communicate its decision to the subdivider
not later than 90 days following the regular meeting of the Planning
Commission next following the date of application filing.
(1)
The decision of the governing body shall be in writing and shall
be communicated to the applicant by certified or registered mail at
applicant's last-known address not later than 15 days following
the decision.
(2)
When the application is not approved in terms as filed, the decision
shall specify the defects found in the application and describe the
requirements that have not been met and shall, in each case, cite
the provisions of the statute or ordinance relied upon.
(3)
Failure of the governing body to render a decision and communicate
it to the applicant within the time and in the manner specified shall
be deemed an approval of the application, unless the applicant has
agreed, in writing, to an extension of time or change in the prescribed
manner of presentation of communication of the decision, in which
case, failure to meet the extended time or change in manner of presentation
of communication shall have like effect.
(4)
From the time an application for approval of a preliminary or final plan is duly filed as provided in this chapter, and while such application is pending approval or disapproval, no change or amendment of Chapter 420, Zoning, this chapter or other governing ordinance or plan shall effect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in government regulations. When an application for approval of a plan has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in Chapter 420, Zoning, this chapter or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval, within five years from such approval. Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of the governing ordinances or plans as they stood at the time when the application for such approval was duly filed.
(5)
Before acting on any major subdivision plan, the governing body shall
hold a public hearing thereon, after public notice, and shall notify
surrounding property owners of such public hearing.
(6)
The governing body shall not give their final approval to a final
plan until the County Planning Commission report is received, or until
the expiration of 30 days from the date the final plan application
was forwarded to the county.
D.
Nature of approval. Approval of a final plan shall not constitute
authorization to commence construction. Prior to construction start,
all necessary permits, approvals, agreements and sureties must be
secured by the developer.
E.
Title certificate. No final plan shall be approved by the governing
body unless evidence of title or other proof of a proprietary interest
in the land on the part of the subdivider is furnished.
All applications for final plan approval shall include, but
not be limited to, the following information:
A.
Shall be drawn on Mylar or other comparable permanent and reproducible
material, and shall be on sheets not larger than 24 inches by 36 inches,
including a border of 1/2 inch on all sides, except the binding edge
which shall be one inch. More than one sheet may be used for larger
tracts and must be of the same scale and indexed, and provide space
for required certifications.
B.
Shall be drawn with black ink, and all records, data, entries and
statements thereon shall also be made with the same type of ink or
reproducible printing or typing.
C.
Shall be drawn to a scale of one inch equals 50 feet or greater or
such other scale approved by the Planning Commission and shall be
of sufficient size to clearly show all notations, dimensions and entries.
All dimensions shall be shown in feet and decimals of a foot.
E.
All final plans submitted shall be drawn according to the following:
(1)
Streets and other ways by heavy solid lines;
(2)
Perimetered property lines of subdivision by heavy dashed and two
dotted lines;
(3)
Lot lines by medium solid lines;
(4)
Restriction of building lines by medium dashed lines; and
(5)
Easements or other reserved areas by light dotted lines.
(6)
Modifications of the above may be permitted to accommodate computer
drafting processes.
F.
The final plan shall show:
(1)
Primary control points or benchmarks approved by the Township Engineer,
or description and ties to which all dimensions, angles, bearings,
and similar data shall be referred, tract closures, boundaries with
bearings, distances, acreage and tax parcel identification;
(2)
Acreage of each lot or parcel;
(3)
Tract boundary lines, right-of-way lines of streets, easements and
their purposes, and other rights-of-way and property lines of lots
and other sites with accurate dimensions, bearings or deflection angles,
radii, arcs and central angles of all curves;
(4)
Name and right-of-way width of each street or right-of-way;
(5)
Locations, dimensions and purposes of all easements;
(6)
Number to identify each lot or site;
(7)
Purposes for which sites other than residential are to be used;
(8)
Building setback lines on all lots and sites.
(9)
Locations and descriptions of survey monuments - a minimum of two
permanent concrete monuments per subdivision or phase with the remaining
corners being iron pinned. A deposit of $150 per monument shall be
established in the developer's agreement to insure placement
of the monuments.
(10)
Names, deed book and page numbers of recorded owners of adjoining
lands and land uses;
(11)
Certification of registered surveyor showing name, address,
registration number and seal;
(12)
Statement by the owner dedicating streets, rights-of-way, public
utilities, facilities and sites for public use;
(13)
Protective covenants, if any, in form for recording;
(14)
Such other certificates, affidavits, endorsements or dedications
as may be required in the enforcement of this chapter;
(15)
Certification blocks for the appropriate governing and planning
bodies.
G.
Submitted with the final subdivision or site plan shall be the following
additional information:
(1)
Plan and profile sheets for all streets with horizontal and vertical
alignments and existing center-line profiles along with the location
and size of storm sewers inlets, and invert elevations.
(2)
Typical cross sections of roadways and sidewalks.
(3)
A plan showing the size of water pipes and locations of valves and
fire hydrants. As-built drawings shall be provided for all existing
facilities.
(4)
A plan and profile showing the location of manholes, invert elevations,
grades and sizes of stormwater and sanitary sewers.
(5)
A final grading plan.
(6)
A sedimentation and erosion control plan approved by the County Conservation
District under authority of the Pennsylvania Department of Environmental
Protection Rules and Regulations, Title 25 Pa. Code Chapter 102, Erosion
Control, if determined necessary by the Planning Commission.
(7)
Planning modules specified by PADEP.
(8)
A plan for placement of water, sewer, gas, electric, telephone and
cable television service lines, as applicable, pursuant to the rules
and regulations of the Pennsylvania Public Utilities Commission.
(9)
If the proposed subdivision is located in a designated floodplain,
base flood elevation data shall be contained on the plan.
(10)
A complete stormwater management plan for the subdivision or site plan, which includes all storm sewers and appurtenances, along with the method of disposal of all stormwater collected and the method of drainage for adjacent territory. (See Chapter 369, Stormwater Management.)
(11)
If water is to be provided by means other than by private wells
owned and maintained by the individual owners of lots within the subdivision
or development, evidence shall be presented to the governing body
that the subdivision or development is to be supplied by a certificated
public utility, a bona fide cooperative association of lot owners,
or by a municipal corporation, authority or utility. A copy of a certificate
of public convenience from the Pennsylvania Public Utility Commission
or an application for such certificate, a cooperative agreement or
a commitment or agreement to serve the area in question, whichever
is appropriate, shall be acceptable evidence.
(12)
Final site plans must include topographical contours with intervals
no greater than two feet.
