Part 3
Plan Processing Procedures
§22-301 Plan Review and Approval Authority.
All plans of proposed subdivisions and land development in Wolf Township, whether preliminary or final, shall be subject to approval, modification or rejection by the Township Board of Supervisors. Prior to action by the Supervisors however, all plans shall be submitted to the Township Planning Commission and County Planning Commission for their review, evaluation and recommendations. Copies of the plans may also be submitted to the Township Engineer and to other appropriate agencies for review at the discretion of the Township Planning Commission before recommendations are made to the Township Supervisors. (See plan processing details below and illustrated in the flow chart.)
If a minor subdivision is proposed that meets the following qualifications, the Township Planning Commission may waive the escrow fee and forgo submission of the plans to the Township Engineer and other agencies for review.
A. A minor subdivision does not involve required public infrastructure improvements.
B. A minor subdivision involves only 1 new building parcel, created after January 30, 2016. Any additional building parcels created beyond the initial building parcel, created after January 30, 2016, will be considered a major subdivision.
C. A minor subdivision involves any number of lot additions, known as lot add-ons.
(Ord. 96-01-02, 1/2/1996, Article 3, §300; as amended by Ord. 2016-05, 11/14/2016, §1)
§22-302 Sketch Plans (Optional).
1. Prior to the filing of an application for review and approval of a proposed subdivision or land development, it is recommended that the developer submit a sketch plan to the Township Planning Commission for advice on the requirements necessary to achieve conformity with the standards and other provisions of this Chapter; as well as to alert the developer to other factors pertinent to the design and effectuation of the subdivision or land development. The submission of a sketch plan shall not constitute the filing of an application for approval of a subdivision or land development.
2. The developer or his agent or representative should be present to discuss any such proposal with the Township Planning Commission. No formal action will be taken on a sketch plan submission, but the Planning Commission shall, after review and evaluation of the proposal, indicate to the developer or his agent, their findings and recommendations regarding preparation of preliminary or final plans. The Planning Commission shall complete its review as promptly as possible. One copy of the sketch plan shall be left with the Commission for their files. The review of a sketch plan shall not authorize the recording of the plan nor the conveyance of lots.
(Ord. 96-01-02, 1/2/1996, Article 3, §301)
§22-303 Preliminary and Final Plans.
1. Plan Submission Requirements.
A. For the purposes of this Chapter, any proposed subdivision or land development plan which is submitted to the Township for review and approval but does not meet the applicable plan or other ordinance requirements, may be considered as a sketch plan at the request of the applicant and upon recommendation of the Township Planning Commission or its Subdivision Plan Review Committee. (See also §22-303.2.A.)
B. Plans involving the installation of streets, sanitary sewers, public water supplies, stormwater management facilities and other site improvements shall be considered as preliminary plans for initial consideration.
C. Where site improvements have been installed in accordance with a previously approved preliminary plan, the proposed subdivision or land development plan may be considered as a final plan.
D. Where a subdivision or land development proposal consists of five or fewer lots or dwelling units, has frontage along an existing public street, and where no site improvements are proposed by the developer or required by the Township, the proposed subdivision or land development plan may be considered as a final plan.
E. The final plan shall conform in all significant respects with any approved preliminary plan. Otherwise the plan submitted shall be considered as a revised preliminary plan. (See also §22-303.4.A.)
F. It shall be the responsibility of the subdivider/developer to coordinate his plans with all appropriate public and private utilities and/or service agencies in the manner set forth in this Chapter.
2. Plan Evaluation Process. Applications for preliminary or final plan review and approval shall be submitted to the Township and shall be processed in accordance with the following procedures:
A. Application.
(1) Seven copies of all proposed preliminary or final subdivision and land development plans and three copies of all other materials and information required by this Chapter shall be submitted to the Township Secretary. (A plan shall be considered filed upon receipt by the Secretary of all required plans and materials, including plan processing fees.) Plans submitted less than 15 days before the next scheduled meeting of the Planning Commission will not be considered filed until the date of the following regular meeting of the Commission. [Ord. 2011-01]
(2) The Township Secretary shall, upon receipt of a subdivision or land development plan proposed for either preliminary or final approval, notify the Subdivision Plan Review Committee of the Township Planning Commission who shall check the submission for completeness. If incomplete, the submission shall immediately be returned to the applicant/developer, with an indication of its deficiencies. Where applicable, the Committee may also indicate to the applicant/developer that such plans could be submitted for sketch plan consideration as per the standards contained in §22-303.1.A. Written concurrence from the applicant/developer shall be required for such consideration.
B. Referrals. If the submission is determined complete by the Subdivision Plan Review Committee, the Township Secretary shall distribute the plans as follows:
(1) A minimum of four copies of the plans (or other number as be required) and one copy of all accompanying documentation (including any applicable County review fee) shall be delivered by the applicant/developer to the Lycoming County Planning Commission for their review and recommendations. The County Planning Commission shall report its findings to both the Township Supervisors and Planning Commission within 30 days of the date that such plans were submitted to them. [Ord. 2011-01]
(2) Where a proposed subdivision or land development involves the design of streets, public or community sewer systems or water supplies, stormwater management facilities, or other site improvements, one copy of the plan and appropriate improvement, designs shall be forwarded to the Township Engineer for his review and recommendations. In addition, copies of the plan may also be forwarded to the Township Zoning Officer, the Pennsylvania Department of Transportation, the Pennsylvania Department of Environmental Protection, the Lycoming County Conservation District, or officials from adjacent municipalities for their input and comments, where such is deemed appropriate by the Subdivision Plan Review Committee or the Township Planning Commission. (These individuals and agencies shall be given a minimum of 30 days to respond with comments.)
(3) All remaining copies of the plans and accompanying documentation shall be retained for the review, evaluation and recommendations of the Township Planning Commission.
C. Planning Commission Review and Action.
(1) At its first regular meeting following acceptance of a filed plan, the Township Planning Commission shall consider the subdivision or land development plan to determine its conformity to the design standards and plan requirements contained in this Chapter. (The developer or his agent shall be present to discuss all such proposed plans with the Township Planning Commission and to facilitate the plan review process, or action on the plan may be tabled.) In addition, the Commission shall also consider any comments received from the County Planning Commission or other review agencies. The Commission shall then make recommendations for approval, disapproval or other appropriate action to the Township Supervisors.
(2) The Planning Commission may recommend that the developer or subdivider be required to submit a sketch or preliminary plan for remaining undeveloped or residual property where they feel such would be in the best interest of the Township or where they feel such will facilitate evaluation of subsequent submissions by the developer.
(3) The Planning Commission shall forward its recommendations, along with all remaining copies of the plan, to the Township Supervisors for action. The Commission's recommendations shall be communicated to the Supervisors either by letter or shall be noted on all copies of the returned plans. The letter or annotated plans or both shall be signed and dated by the Chairman of the Planning Commission, or in his absence the Vice Chairman or other presiding officer of the Commission.
3. Plan Approval Process.
A. Upon receipt of recommendations from the Township and County Planning Commissions (or upon expiration of the established review period), the Township Supervisors shall consider and take action on the proposed subdivision or land development plan at its next scheduled meeting. (The developer or his agent shall be present to discuss all such proposed plans with the Township Supervisors and to facilitate the plan approval process, or the plan may be disapproved.) The Supervisors shall render a decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Township Planning Commission next following the date that the plan is filed; provided, that should the next regular meeting occur more than 30 days following the filing of the plan, the said 90 day period shall be measured from the thirtieth day following the date the plan is filed.
B. The Township Secretary shall notify the applicant of the Township Supervisors' decision in accordance with the following procedure.
(1) Within 15 calendar days after the Supervisors' meeting, the Secretary shall notify the subdivider or his agent, in writing, of the action taken by the Supervisors specifying what changes, or additions, if any, will be required prior to plan approval.
(2) If the proposed plan is not approved, the decision shall specify the defects found, describe the requirements which have not been met, and shall cite the provisions of the Part which have been relied upon.
(3) Failure of the Supervisors to render a decision and communicate it to the subdivider within the time and in the manner required herein shall be deemed an approval of the proposed plan, unless the applicant/developer has agreed, in writing, to an extension of the time period or change in the manner of presentation or communication of the decision.
C. The Supervisors' action shall be noted on all remaining copies of the plan and approved plans shall bear the signatures of a majority of the Board and the date of such action. One copy of the plan shall be retained by the Township for its files and the other remaining copies shall be returned to the applicant.
D. The Township Supervisors may grant preliminary or final plan approval subject to conditions acceptable to the applicant. Such conditions shall either be written on all copies of the plan and be signed by the applicant indicating concurrence or the Supervisors shall produce a list of all such conditions within 15 days of the date of conditional approval and present such listing to the applicant for written concurrence. Failure of the applicant to sign the plans or execute the list to indicate concurrence, as applicable, and return it to the Supervisors within 30 days of the conditional approval date or prior to the Supervisors' next regular meeting, whichever comes first, shall nullify the approval granted. Plans shall not be signed by the Supervisors until receipt of the executed concurrence from the applicant.
E. The Township Supervisors may offer a mediation option as an aid in completing proceedings authorized by this Section. In exercising such an option, the Supervisors and mediating parties shall meet the stipulations and follow the procedures set forth in §908.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. §10908.1, as reenacted and amended in 1988, December 21, P.L. 1329, Act 170, and as further amended by Act 209 of 1990 and Act 131 of 1992.
F. In order to facilitate financing, when requested by the developer, the Supervisors may furnish the developer with a signed copy of a resolution indicating approval of the final plan contingent upon the developer obtaining a satisfactory financial security. The final plan or record plan shall not be signed nor recorded until the financial improvements agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days unless a written extension is granted by the Supervisors; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.
4. Effect of Preliminary Approval.
A. Approval of the preliminary plan shall constitute approval of the subdivision or land development as to the character and intensity of development, and the arrangement and approximate dimensions of streets, lots, and other planned features. The approval binds the subdivider to the general scheme of the subdivision shown and permits the subdivider to proceed with final detailed design of improvements, and with preparation of the final plan. Approval of the preliminary plan does not authorize the sale of lots nor the recording of the preliminary plan, nor does it constitute approval of the final plan.
B. The applicant shall have a period of 5 years from the date of preliminary approval in which to submit a final plan(s) for the subdivision and/or substantially complete all aspects of the approved development, including installation of all site improvements. If the applicant fails to submit a final plan(s) within the 5-year period, the approval of the preliminary plan shall become null and void unless an extension of time is requested by the subdivider, in writing, along with a schedule for submission of the final plan, and is approved by the Township prior to the expiration date.
C. Where preliminary approval has been granted, no subsequent change or amendment in Township zoning or subdivision regulations shall adversely affect the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of his approval within 5 years from such approval.
D. The final plan may be submitted in sections, each covering a portion of the entire subdivision or land development shown on the preliminary plan. However, each section in a residential subdivision or land development, except the last section, shall contain a minimum of 25% of the total number of lots or dwelling units depicted on the preliminary plan, unless a lesser percentage is approved by the Township.
(Ord. 96-01-02, 1/2/1996, Article 3, §302; as amended by Ord. 2004-1, 3/8/2004; and by Ord. 2011-01, 1/3/2011, §1)
§22-304 Land Development Plans.
1. Plans involving the utilization of a single tract of ground for the development or location of one or more nonresidential structures or two or more residential structures or dwelling units shall be considered, reviewed and evaluated as land development proposals (except those exempted by definition). Land development activities shall include, but are not limited to, the development or construction of:
A. Industrial or commercial buildings or complexes.
B. Multi-family dwelling structures, such as apartment buildings or single-family attached dwelling structures.
C. Mobile home parks or other multi-family housing developments, including planned residential developments.
2. Land development plans shall be reviewed and approved in accordance with the plan submission, processing and approval procedures contained in §22-303 of this Chapter. Final approval of a land development plan does not authorize the conveyance of lots, but may authorize the conveyance of individual dwelling units, i.e., condominiums.
(Ord. 96-01-02, 1/2/1996, Article 3, §303)
§22-305 Installation and Approval of Improvements.
1. General Requirements.
A. Improvements required by the Township Supervisors may include streets, sanitary sewers, water supply systems, stormwater controls, utilities, or other such improvements necessary for development of a site.
B. Improvements shall be installed by the subdivider prior to final plan approval or a suitable improvement agreement with satisfactory financial security shall be provided which shall ensure installation of the improvements by the subdivider at the standards set forth in these regulations. The final plan shall not be approved until final detailed design of the improvements is approved and the improvements are installed and inspected and determined to have been constructed in accordance with the approved plans or a suitable improvement guarantee for installation and maintenance of such improvements is provided.
2. Improvement Guarantee.
A. In lieu of completion of any improvements required as a condition of final plan approval, the applicant shall file with the Township financial security as an improvement guarantee in the amount of 110% of the cost to install the improvements estimated as of 90 days after the date of scheduled completion of the improvements. The cost of the required improvements shall be established by a qualified professional engineer selected by the applicant and submitted to the Supervisors for approval. The Supervisors may choose to reject such estimate for good cause shown.
B. If the developer and the Township Supervisors are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by a qualified professional engineer chosen mutually by the Supervisors and the developer. The estimate certified by this engineer shall be presumed fair and reasonable, and shall be the final estimate. In the event an engineer is so chosen, fees for the services of said engineer shall be paid equally by the Supervisors and the developer.
C. Should completion of the required improvements require more than 1 year, the Supervisors may increase the amount of financial security by an additional 10% for each 1-year period beyond the first anniversary date of the posting of the original security or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding 1-year period.
D. If a development is projected over a period of years, the Supervisors may authorize submission of plans by stages, which shall be subject to such requirements or guarantees as the Supervisors deem essential for the protection of any finally approved section of the development.
3. Inspections Required and Release from Improvement Guarantee.
A. During the process of construction of the required improvements the developer shall notify the Township at least 2 working days prior to the initiation of each phase of the installation so that the Township can arrange for progress inspections.
B. As the work of installing the required improvements proceeds, the Supervisors may authorize the release to the developer of such portions of the security necessary for payment to the contractor or contractors performing the installation of required improvements. Any request for the release of such portions of funds shall be in writing to the Supervisors and the Supervisors shall have 45 days from receipt of the request within which to authorize their engineer to inspect and certify, in writing, that the improvements to be covered by the funds have been completed satisfactorily. Upon such certification, the Supervisors shall authorize release, by the bonding company or lending institution, of the amount estimated by the Township Engineer which fairly represents the value of the completed improvements. The Supervisors may, prior to final release at the time of completion and certification by its Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.
C. Under certain conditions the Supervisors may agree to other procedures for the release of portions of any posted financial security so long as the work has been done in accordance with the terms of plan approval.
D. When all necessary improvements have been completed, the developer shall notify the Supervisors in writing by certified or registered mail of said completion and shall send a copy of said notification to the Township Engineer. The Supervisors shall, within 10 days after receipt of such notice, authorize an inspection by their engineer of the aforesaid improvements. A written report shall be filed by the Township Engineer with the Supervisors, and a copy mailed to the developer by certified or registered mail, within 30 days after receipt of the Supervisors' inspection authorization. Said report shall indicate approval or rejection of the completed improvements. If all or any portion of the improvements are rejected, the report shall include a statement of reasons for the rejection.
E. The Supervisors shall notify the developer within 15 days of receipt of the Engineer's report, in writing by certified or registered mail, of their action with respect to approval or rejection of the completed improvements.
F. If any portion of the completed improvements shall be found not satisfactory, the developer shall proceed to correct or complete those improvements and upon completion shall notify the Supervisors by those procedures contained in this Section.
G. Upon approval of the completed improvements, the Supervisors shall release to the developer those funds remaining in the financial security deposit including all interest accrued thereunder. Prior to release of such funds however, the developer shall guarantee to the Supervisors, in writing, the functioning and structural integrity of the improvements for a period of 18 months from the date of improvement approval or the date of acceptance of dedication. In addition, the developer shall submit record drawings or "as builts" to the Township for all site improvements upon completion of construction and certification by the Township Engineer, prior to the Township's release of the final portion of the financial security deposit. (See also §22-305.5.B.)
H. Should the Supervisors or Township Engineer fail to comply with the time limitations as provided, all improvements will be deemed to have been approved and the developer shall be released from all liability pursuant to his performance bond or other improvement guarantee.
4. Remedies to Effect Completion of Improvements. In the event that any improvements which may be required have not been installed as provided in this Chapter or in accordance with the approved final plan, the Township Supervisors shall enforce any corporate bond, or other security or performance guarantee, by appropriate legal and equitable remedies. If proceeds of such bond, or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Township Supervisors may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the monies necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by the security, and not any other municipal purpose.
5. Dedication of Improvements.
A. Where the subdivider proposes to dedicate improvements to the Township and the Township Supervisors have agreed to accept such improvements, a deed which dedicates the land and the improvements to the Township shall be recorded with the final plan or upon completion of the construction of such improvements and approval by the Township Engineer, as applicable. A copy of such deed shall also be submitted with the subdivision plan, where the construction of such improvements is completed, inspected and approved by the Township Engineer prior to final plan approval. In addition, the developer shall submit "as built" drawings to the Township for all improvements being dedicated to the Township. Such drawings shall be submitted prior to acceptance of the improvements by the Township.
B. Where the Township accepts dedication of all or some of the required improvements, the Supervisors may require up to 15% of the actual cost of installation of said improvements for financial security to insure the structural integrity of those improvements for a term not to exceed 18 months from the date of acceptance of dedication.
C. The Supervisors may approve a final plan without an offer of dedication for streets or other improvements, provided that such improvements are noted as private on the final plan. The subdivider shall also be required to provide a notice in each deed, lease, or conveyance setting forth an arrangement between the subdivider and buyer or lessee for maintenance of such private facilities.
(Ord. 96-01-02, 1/2/1996, Article 3, §304)
§22-306 Plan Recording Requirements.
1. Upon notification of approval of the final plan, the subdivider shall record one copy of the approved plan in the Office of the Lycoming County Register and Recorder within 90 days after approval. Should the subdivider fail to record the final plan within the 90-day period, the approval of the Supervisors shall be null and void unless an extension of time is requested by the subdivider in writing and is granted in writing by the Supervisors before the expiration date. Proof of recording, including the applicable map book and page number when available, shall be supplied to the Township Secretary by the subdivider to complete the recording process. A copy of the approved final plan must be recorded and where applicable, all conditions of final approval must be met, before proceeding with the sale of lots or prior to the issuance of a building/zoning permit authorizing the construction of buildings.
2. Recording of the final plan shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the subject land.
3. Recording the final plan after approval shall have the effect of an irrevocable offer to dedicate all streets and other ways to public use, and to dedicate or reserve all park and other public areas to public use unless reserved by the subdivider as hereinafter provided. The approval however, shall not impose any duty upon the Township concerning acceptance, maintenance or improvement of any such dedicated streets, parks, areas or portions of same until the Supervisors shall have made actual appropriation of the same by ordinance or resolution, or by entry, use, or improvement.
(Ord. 96-01-02, 1/2/1996, Article 3, §305)
§22-307 Resubdivision Procedures.
For any replatting or resubdivision of land, the same procedure, rules, and regulations shall apply as prescribed herein for an original subdivision.
(Ord. 96-01-02, 1/2/1996, Article 3, §306)
SUBDIVISION AND LAND DEVELOPMENT
PLAN PROCESSING PROCEDURES
[Ord. 2011-01]