A.
Classification of subdivision and land developments.
Whenever any subdivision of land or land development is proposed,
before the sale or conveyance of any part thereof, and before any
permit for the erection of a structure in such proposed subdivision
or land development shall be granted, the owner, or his authorized
agent, shall apply for and secure approval of such proposed subdivision
or land development in accordance with the following procedures for
subdivision and land development.
B.
Preapplication DEP consultation. Prior to the preparation
of any plans, it is suggested that prospective developers consult
with the Pennsylvania Department of Environmental Protection and/or
Montgomery County Health Department concerning soil suitability when
on-site sewage disposal facilities are proposed.
C.
Preapplication conservation district consultation.
Prospective developers shall consult with the Montgomery County Conservation
District representative concerning erosion and sediment control and
geologic conditions at the proposed development.
D.
Preapplication PennDOT consultation. When the development
site has frontage on a state highway and/or proposes access to a state
highway, the developer shall consult with PennDOT concerning design
requirements that may be imposed in addition to the requirements of
this chapter.
A.
Three stages are included in the procedure for approval
of subdivision and/or land development plans: presubmission, preliminary,
and final. These stages are established to enable the Horsham Township
Planning Commission and Township Council to have an adequate opportunity
to review the submission, and to insure that their formal recommendations
are reflected in the final plan. The following table defines the required
plan stages for the different types of applications:
|
Type of Application
|
Presubmission
(Sketch Plan)
|
Preliminary Plan
|
Final Plan
| |
|---|---|---|---|---|
|
Minor subdivision
|
Suggested
|
Not required
|
Required
| |
|
Major subdivision
|
Suggested
|
Required
|
Required
| |
|
Land development
|
Suggested
|
Required
|
Required
| |
|
Minor land development
|
Suggested
|
Not required
|
Required
|
B.
When formally requested by an applicant, waiver from
certain provisions of and strict compliance with this chapter, to
permit an application to be considered a "minor land development plan,"
can be granted by Township Council. Such a request for waiver may
be approved if the proposed application consists only of the minor
expansion of an existing building or minor expansion of an existing
pavement area. Every applicant for a minor land development shall
acknowledge that Horsham Township shall at no time be bound to waive
the provisions of this chapter and Horsham Township at its sole discretion
may deny an application for a minor land development and require the
applicant to conform to all the terms and provisions of this chapter.
An applicant for a minor land development and all applicants have
a right to file applications that conform to the provisions of this
chapter. The procedures set forth in this chapter for such an application
are informal and intended to benefit those applicants who intend to
proceed with minor and limited expansion of an existing site.
D.
Upon receipt of an application for subdivision or
land development approval, the Township Secretary shall affix to the
application the official filing date.
E.
The application record shall be closed 14 days before
the Planning Commission meeting at which the plan will be considered
to allow time to examine and study the plans and all appropriate supporting
documentation. The Township will not accept changes or amendments
to the application after this date unless the applicant shall apply
for a rescheduling of the meeting at which the plan will be considered
before the Planning Commission and makes suitable provision for an
extension of the review time. This policy shall apply to formal presubmission
sketch, preliminary, and final plan submissions.
A.
The applicant or his authorized representative shall
distribute the required number of prints and accompanying information
to Horsham Township. The required number of prints, any accompanying
reports/studies and applications, as well as the required filing fees
and any escrow deposit, must be submitted to the Township Zoning Officer
at the Township Administration Building.
(1)
As a minimum, 14 sets of plans shall be submitted for distribution, except with a minor land development application where the required number of plan sets to be submitted shall be as stated in Article V of this chapter. For all other applications, submitted plan sets shall be distributed as follows:
(a)
Zoning Officer: one copy.
(b)
Montgomery County Planning Commission: one copy.
(c)
Horsham Township Planning Commission: one copy.
(d)
Horsham Township Engineer: one copy.
(e)
Horsham Township Solicitor: one copy.
(f)
Horsham Township Council: one copy.
(g)
Horsham Township Manager: one copy.
(h)
Horsham Township Fire Marshal/Building Inspector:
one copy.
(i)
Horsham Township Landscape Architect: one copy.
(j)
Horsham Water and Sewer Authority: one copy.
(k)
Horsham Water Authority: one copy.
(l)
Horsham Township Environmental Advisory Board:
one copy.
(m)
Horsham Township Planning Consultant: one copy
(n)
Horsham Township Park Board: one copy.
(2)
One additional set of plans shall be submitted to
the Horsham Historical and Preservation Association if a historic
resource exists on the property.
B.
The applicant or his authorized representative shall
distribute the required number of prints and accompanying reports/studies,
applications and required filing fees to all other applicable reviewing
agencies including but not limited to the Montgomery County Conservation
District, Pennsylvania Department of Transportation, Pennsylvania
Department of Environmental Protection, Montgomery County Health Department,
etc.
A.
All filing, inspection and professional (engineering/legal)
fees shall be submitted to Horsham Township.
B.
Plan filing fee. A filing fee shall accompany the
preliminary plan. No application shall be accepted or acted upon unless
payment is made to Horsham Township. The Horsham Township Council
shall establish by resolution a schedule of fees to be paid by the
subdivider or land developer to defray the cost of administering and
processing of plans. The schedule of fees may be changed from time
to time by resolution of the Township Council of Horsham Township.
C.
Review fees.
(1)
Review fees shall include reasonable and necessary
charges by the Township's professional consultants or engineer for
review and report to the Township, and shall be set by resolution.
Such review fees shall be reasonable and in accordance with the ordinary
and customary charges by the Township Engineer or consultant for similar
services in the community, but in no event shall fees exceed the rate
or cost charged by the engineer or consultant to the Township when
fees are not reimbursed or otherwise imposed on applicants.
(2)
In the event the applicant disputes the amount of
any such review fees, the applicant shall, within 10 days of the billing
date, notify the Township that such fees are disputed, in which case
the Township shall not delay or disapprove a subdivision or land development
application due to the applicant's request over disputed fees.
(3)
In the event that the Township and the applicant cannot
agree on the amount of review fees which are reasonable and necessary,
then the fees shall be recalculated and recertified by another professional
engineer licensed as such by the Commonwealth of Pennsylvania and
chosen mutually by the Township and the applicant or developer.
D.
An applicant shall, by filing a plan, be then obligated
to pay the fees herein provided. The professional (engineering/legal)
fees required to be paid by this section shall be promptly submitted
to the Township by the applicant, upon the submission of bills therefor
to the applicant from time to time by the Township Council.
A.
The start of review date shall be as follows: The
review process for plans required by the Township, as stated in the
Pennsylvania Municipalities Planning Code,[1] shall include no more than 90 days following the date
of the regular meeting of the Planning Commission, next following
the date the application is filed and accepted as complete by the
Township Zoning Officer, provided that should said next regular meeting
occur more than 30 days following the filing of the application, the
said ninety-day period shall be measured from the 30th day following
the day the application has been filed and accepted as complete by
the Township Zoning Officer. The Township shall render a decision
in writing to the applicant, at the address provided by the applicant
on the application form, within 15 days following the Township's decision.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
B.
The submission of a revised preliminary or final plan which, in the opinion of the Township, constitutes a substantial departure from the preliminary or final plan currently under consideration shall constitute a new and separate submission which shall restart the time for the review of the plans as set forth in Subsection A, above. A completed application, appropriate fees and all required information shall accompany such plans.
C.
Resubmission of plans previously denied shall be subject
to all requirements of a new submission. A revision to a plan, that
was previously denied, must be accompanied by a completed application
form, all appropriate fees, and a written request for withdraw of
the previously submitted plan. In addition, a plan which is submitted
after a previous plan has been withdrawn shall also be subject to
the above.
D.
When a plan is rejected, the written communication to the applicant shall cite the provisions of Chapter 230, Zoning, this chapter and the statute with which there has been noncompliance.
E.
The presentation of a preliminary plan and a final
plan shall be considered separate submissions and the maximum review
period may be required for each such plan.
F.
If requested by the applicant, an application for
preliminary plan approval may be considered as a final, by subdivision
and land development ordinance waiver, if in the opinion of the Township
Council, the submitted preliminary plan application meets all required
final plan requirements and submittals. Such a request for preliminary/final
plan approval shall be submitted to the Township, in writing, by the
applicant and waiver of preliminary plan submission requirements,
if a waiver is to be granted, shall be granted by Council at time
of preliminary plan presentation to the Council.
G.
The applicant may agree to extend the time requirement
for the review process by submitting a written request for an extension
of time to the Township Zoning Officer. The minimum period that will
be ordinarily granted will be 10 days after the second Township Council's
meeting next succeeding filing of the request.
H.
All subdivisions and land developments (both minor
and major) shall be required to submit the appropriate "planning module
for land development" to Horsham Township before preliminary plan
approval (final for minor subdivisions) for review. These modules
will then be reviewed by all agencies with jurisdiction, including
but not limited to the Pennsylvania Department of Environmental Protection
or the Montgomery County Department of Health, to verify the conformance
of each lot to the permitting requirements of appropriate agency.
Review of the applicant's planning module for land development must
be received by the Township prior to plan approval.
I.
The owner of the parcel of land to be subdivided or
developed shall by the submission of the plan, grant the Horsham Township
Council, its authorized agents and representatives, the Planning Commission,
and the representatives of the county and Township departments and
agencies having responsibility for review and/or approval under this
chapter, the right to enter the parcel of land for the purpose of
inspection and enforcement of the requirements, terms and conditions
imposed herein.
J.
Any individual or entity submitting required plans
for any subdivision, including major and minor subdivisions and all
land developments, shall notify all individuals or entities who own
real estate within 1,000 feet of the proposed subdivision or land
development, of such subdivision or land development proposal, in
writing, on a form approved by the Township. Such notice shall be
made by certified mail, by the Township, to each such owner of record,
at the expense of the applicant.
K.
Plan review by adjacent municipalities. Applications
for tracts of land along the municipal boundary shall submit one additional
set of plans which shall be forwarded to the adjacent municipality
for its comments. The Township may solicit comments from an adjacent
municipality even if the plan is not on the boundary of the Township,
where a plan, in the opinion of the Township, affects the adjacent
municipality. When comments are solicited from adjacent municipalities,
the Planning Commission and the Township Council shall review the
reports from the adjacent municipality as part of the plan review
process.
L.
Where final plan approval is given subject to conditions,
the applicant shall accept or reject any or all of the conditions
within 15 days from the date that he receives the written notification
from the Township Council. Failure to accept or reject such conditions
in writing within the foregoing time limit shall result in the conditional
approval of the plat to become automatically rescinded pursuant to
Section 503(9) of the Pennsylvania Municipalities Planning Code[2] and in the alternate, the plan is denied due to noncompliance
with the specified conditions.
[2]
Editor's Note: See 53 P.S. § 10503(9).
M.
Recording the plat: Upon approval of a final plat
of subdivision or land development, the applicant shall, within 90
days of such final approval, record such plat in the office of the
Recorder of Deeds of Montgomery County, Pennsylvania. The approved
final plat shall bear the official seal of the Township and signature
of the Township Council, and stamp of review by the Montgomery County
Planning Commission, signature of the Township Planning Commission
and Township Engineer, signature and seal of the professional engineer
and/or land surveyor (licensed in the State of Pennsylvania) responsible
for preparing the plat, and signature of any other professional providing
certification of the contents of the plat. The record plan shall be
printed on 24 inches by 36 inches white, opaque linen or Mylar.
N.
Recording the final plan shall be an irrevocable offer
to dedicate all streets and other public ways to public use, and to
dedicate or reserve all park reservations and other public areas to
public use unless reserved by the subdivider as hereinafter provided.
The approval of the final plan shall not impose any duty upon the
Township Council of Horsham Township concerning maintenance of the
improvements offered for dedication nor shall such approval be construed
as an acceptance of such dedication.
O.
The subdivider shall place a notation on the final
plan if there is no offer of dedication to the public of streets and
certain designated public areas, in which event the title to such
areas shall remain with the owner, and the Township shall assume no
responsibility for improvement or maintenance thereof; which fact
shall be noted on the plan.
A.
General. The Township Council may grant a modification
(waiver) of the requirements of one or more provisions of this chapter
if the literal enforcement will exact undue hardship because of peculiar
conditions pertaining to the land in question, provided that such
modification will not be contrary to the public interest and that
the purpose and intent of the chapter is observed.
B.
Procedure. All requests for modification (waiver)
shall be in writing and shall accompany and be part of the application
for development. The request shall state in full the grounds and facts
of unreasonableness or hardship on which the request is based, the
provision or provisions of the chapter involved, and the minimum modification
necessary.
C.
Requests for modification (waiver) shall be referred
to the Planning Commission for advisory comments.
Submissions for proposed applications, minor subdivision, major subdivision, land development, and minor land development shall comply with all requirements specified in Article V, Application Evaluation and Plan Requirements.
