The following procedures shall be observed by
all developers.
An application shall be submitted with all subdivision
and land developments. An application packet, original plus 10 copies,
containing the following information and materials shall accompany
all applications for plan approval:
A.
Name and signature of applicant.
B.
Tax parcel number of tract.
C.
Acreage of tract.
E.
Date of filing of application (to be completed by
Township Zoning Administrator).
F.
Other information as may be required by the Planning
Commission or Supervisors.
G.
Statement of intent and tentative timetable.
I.
For major subdivisions and major land developments,
a narrative description of how the proposed development implements
the Girard Township Comprehensive Plan, and any variation necessary
from the Comprehensive Plan (including a written description of why
any variations are necessary).
J.
All necessary fees in accordance with Township resolutions.
K.
Copies of any other necessary state, federal, or local
permits, pending, approved or unfilled.
General procedure:
A.
Applications shall be submitted to the Township Zoning
Administrator no less than 10 days prior to a regularly scheduled
meeting of the Planning Commission or if the application is to be
considered at the next meeting. The entire packet shall be subject
to a completeness evaluation by the Township Zoning Administrator.
Incomplete applications will not be considered for further review.
B.
The Township Zoning Administrator shall state the
reasons the application is deemed incomplete to the applicant in writing
within five days of such evaluation.
C.
The Township Board of Supervisors shall take action
on each properly submitted application (either preliminary or final)
and communicate such action to the applicant within 90 days as required
by Section 508 of the MPC.[1] The Supervisors must notify the applicant, in writing,
of their decision within 15 days of such action. Failure on the part
of the Supervisors to comply with these requirements shall constitute
approval of the application, unless an extension of time has been
mutually agreed upon, in writing, by the applicant and the Supervisors.
[1]
Editor's Note: See 53 P.S. § 10508.
D.
The Township Zoning Administrator shall forward a
copy of the application to the Township Planning Commission. The Supervisors
shall take no action on the application until the reports of the Township
and County Planning Commissions are received or until the expiration
of 60 days from the date the application was forwarded to the Township
Planning Commission.
E.
The initial plan filed with the Township shall be the preliminary plan. The Planning Commission may, at their discretion, combine their preliminary plan and final plan review if the subdivision is a minor subdivision meeting the standards of § 174-14 of this chapter, and if the submission meets all applicable plan requirements.
F.
A conceptual sketch plan is strongly encouraged for
all subdivisions. Such plans are for informal discussion only but
may avoid subsequent problems during the formal application process.
Submission of the sketch plan does not constitute formal filing, does
not commence statutory review, and is not subject to statutory timeliness.
(1)
Sketch plan meeting. During the sketch plan process,
the applicant is strongly encouraged to meet with the Planning Commission
to discuss the applicant's proposal and the Township's land use plans
and regulations. Township comment given during this process is advisory
only and does not incur liability on any party.
G.
Fees. Fees for the review and processing of subdivision
and land development plans will be charged at the time of application
in accordance with the Township's fee resolution. These fees may be
amended from time to time by resolution.
H.
Conditional approval. If the preliminary or final
plan is approved, subject to conditions, then the developer shall
either accept or reject such conditions, in writing, within a period
of 15 days of receipt of such conditions. Any conditional approval
shall be rescinded automatically and shall become a disapproval if
the developer fails to accept or reject such conditions within the
specified period.
General procedure. A preliminary plan is required
for major subdivisions only.
A.
Preliminary plans and supporting data shall comply with the provisions of Article IV of this chapter.
C.
It is the responsibility of the developer to coordinate
his plans with the respective public and private utility and service
agencies as set forth in these regulations prior to the submission
of a preliminary plan to the Township.
D.
Approval of the preliminary plan subject to conditions,
revisions and modifications as stipulated by the Supervisors and confirmed,
in writing, by the applicant, shall constitute only conditional approval
of the subdivision as to the character and intensity of the development
and the general layout and approximate dimensions of streets, lots,
and other proposed features; but shall not constitute authorization
to sell lots. Agreement by the developer to any condition upon preliminary
approval shall be a prerequisite for application for a final plan.
General procedure. A final plan is required
for all subdivisions.
A.
A final plan with supporting data shall be submitted
to the Township Zoning Administrator for final approval within one
year after approval on the preliminary plan, provided that an extension
of time may be granted by the Supervisors upon written request. Otherwise,
the plan submitted shall be considered as a new preliminary plan.
B.
The final plan shall conform in all respects with
the preliminary plan as previously reviewed by the Planning Commission
and shall incorporate all modifications and revisions specified by
the Supervisors in its conditional approval of the preliminary plan.
Otherwise, the plan shall be considered as a revised preliminary plan.
The Supervisors may require that any final plan or any phase of a
final plan not completed within five years from the date of preliminary
approval may require a new preliminary plan submission to reflect
changing conditions or legal requirements which may affect the subdivision
or land development unless an extension of this five-year limit is
reviewed by the Commission upon written request.[1]
C.
The Supervisors may permit submission of the final
plan in phases, each covering a portion of the entire proposed subdivision
as shown on the preliminary plan thereby excluding, for an additional
year, preliminary plan approval of the remaining portion of the proposed
subdivision.
(1)
The final plan and supporting data shall comply with the provisions of Article IV of this chapter. Failure to do so shall be cause for disapproval of the plan.
(2)
Ten copies of final plan with supporting data shall
be submitted to the Township Zoning Administrator.
(3)
In the case of approval of the final plan, the Chairman
and Secretary of the Supervisors shall endorse three copies of the
final plan to that effect. One copy of the endorsed final plan shall
be kept by the Township and two returned to the developer.
D.
Recording the final plan. The developer shall record
the final plan in the office of the Recorder of Deeds of Erie County
within 90 days after the date of approval by the Supervisors. The
copy of the final plan filed for recording shall be a clear and legible
paper copy bearing the approval of the Supervisors. No lots shall
be sold or transferred prior to recording of the final plan. Failure
to record the approved plan shall render all approvals null and void.
E.
Prior to the final plan submission, the prospective
developer must have complied with the planning requirements of the
Pennsylvania Sewage Facilities Act[2] as administered by the Erie County Department of Health.
It is suggested that the prospective developer consult the Municipal
Sewage Enforcement Officer or the Erie County Department of Health
as to the requirements of that Act.
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
Definition of minor subdivision. In the case
of any proposed subdivision, land site, or other division of land,
certain requirements of this chapter may be waived by the Township
Planning Commission and the proposal deemed to be a minor subdivision,
provided that all of the following criteria are met:
B.
The proposal would develop more than 50% of the road
frontage of the parcel.
C.
The proposal does not conflict with the Township Comprehensive
Plan.
D.
The proposal does not constitute a subdivision, resubdivision
or development of any lot, tract, parcel, site or other division of
land or portion thereof which had received previous approval as a
subdivision or land development within five years prior to the submission
of the application. If such prior approval has taken place, all applications
shall be considered a single application for purposes of classification.
If a subdivision or land development contains not more than 10 lots,
sites or other divisions of land (including residue land), and such
subdivision or land development meets criteria as stated above, then
the Planning Commission shall have the authority, at its discretion,
to classify such subdivision or land development as "minor."[1]
A.
The requirement calling for the submission of a preliminary
plan may be waived in cases involving only a replat or resubdivision
of land (in which case no new lots are created), and where the proposal
does not involve the extension of any public facilities including:
B.
A replat shall meet all other applicable requirements
and specifications of this chapter.
