Chapter 22 - Part 3 - Procedures

PART 3

PROCEDURES

§301. GENERAL PROCEDURE.

1.       Classification of Land Development.  Whenever any subdivi­sion of land or other land development is proposed, before any contract is made for the sale of any part thereof and before any permit for the erection of a structure in such proposed land development shall be granted, the owner or his authorized agent shall apply for and secure approval of such land development in accordance with the following procedures for land development. 

2.       Preapplication Consultation.  Prior to filing an application for approval of a land development within Hampden Township, the owner or his authorized agent may meet with the Township Engineer for an official classification of his land develop­ment.  At this time, the Township Engineer shall advise the owner or his authorized agent as to which of the procedures contained herein must be followed. 

3.       Official Filing Date.

A.      For the purpose of these regulations, the official filing date shall be the date of the regular meeting of the Planning Commission next following the date the application and plans are received in the Township Municipal Building; provided, that should said regular meeting occur more than 30 days following the submission of the application, the official filing date shall be the thirtieth day following the day the application has been submitted. 

B.       Upon receipt of an application for land development approval, the Township Engineer shall affix to the application both the date of submittal and the official filing date.  The required submission date shall be 21 days prior to the regularly scheduled Planning Commis­sion meeting date.

(Ord. 95-1, 2/2/1995, §301)

 

§302. FEE SCHEDULE.

1.       All filing, inspection and engineering fees shall be submitted to the Township.

2.       Plan Filing Fee.

A.      The Township filing fee shall accompany all plans submitted under this Chapter.  No application shall be accepted or acted upon unless payment is made to the Township.  The Township Commissioners shall create 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 Commissioners. Any such fee shall be nonrefundable.

B.       The Cumberland County Planning Commission fee shall accompany all plans submitted under this Chapter.  The schedule of fees shall be as set forth by Cumberland County

C.       The applicant shall deposit with the Township at the time of the submission of any plan $1,000 to be held in an escrow account by the Township.  The funds will be used to pay engineering fees and legal fees as established by Township resolution.  The Township will notify the applicant if the escrow account balance may be exhausted.  In the event that the escrow account becomes exhausted, the applicant shall deposit additional funds into the escrow account in increments of $1,000.  Upon recording of the plan, the Township will return all remaining funds in the escrow account to the applicant.  The amount of the initial deposit and any additional funds required to be deposited as noted above may be modified from time to time by resolution of the Board of Commissioners. [Ord.11-05]

D.      The applicant shall deposit a sum equal to ten percent (10%) of the Township approved estimated construction cost of the public improvements of the land development project to be held prior to the start of any construction in an escrow account by the Township.  These funds shall be used by the Township to pay for construction inspection, engineering review, and legal fees incurred during the construction period of the project.  Said fees may be modified from time to time by resolution of the Board of Commissioners. In the event that the escrow account becomes exhausted, the applicant shall deposit additional funds into the escrow account in increments of $1,000.  Upon completion of construction and dedication of all facilities to the Township as identified in the recorded plan, the Township will return all remaining funds in the escrow account to the applicant.  The amount of the initial deposit and any additional funds required to be deposited as noted above may be modified from time to time by resolution of the Board of Commissioners. [Ord.11-05]

3.       Inspection and Engineering Fees.

A.      The applicant shall pay the appropriate fees as fixed from time to time by separate resolution of the Township Commissioners for the following services:

(1)      Reviewing the plan's engineering details.

(2)      Inspecting the layouts of the site for conformance to the survey and plan.

(3)      Reviewing the results of the soils tests. 

(4)      Reviewing cost estimates of required improvements. 

(5)      Inspecting required improvements during installa­tion. 

(6)      Final inspection on completion of installation of the required improve­ments. 

B.       An applicant shall, by filing a plan, be then obligated to pay the fees herein provided.  The engineering fees required to be paid by this Section shall be in accor­dance with §611.

4.       Attorney and Other Professional Consultant Fees.

          The applicant shall pay the appropriate fees as fixed from time to time by resolution of the Township Commissioners for review by the Township's attorney or solicitor and any other professional consultants, as the term "professional consultants" is defined and may be amended from time to time, pursuant to the Pennsylvania Municipalities Planning Code.  [Ord. 10-01]

(Ord. 95-1, 2/2/1995, §302; as amended by Ord. 10-01, 01/04/2010.)

 

§303. MINOR SUBDIVISION PLAN PROCESSING.

1.       Generally. 

A.      These plans shall be submitted and processed in accor­dance with the procedures of §304(3) "Final Plan," but must also include the planning module information as required under §304(2)(A)(2)(C).

B.       The plans shall include all of the applicable informa­tion in accordance with §§402 and 403.

C.       These plans shall be reviewed in accordance with the substan­tive standards of this Chapter as though submit­ted through both the preliminary and final planning processes.

D.      These plans do not require submission of a “Preliminary Plan” nor do they require a waiver of the Preliminary Plan submission. [Ord. 2019-06}

2.       Additional Subdivision. Any additional subdivision of a tract from which a minor subdivi­sion has already been formed shall be deemed to be a major subdivision and shall follow the procedure applying thereto. 

(Ord. 95-1, 2/2/1995, §303 and by Ord. 2019-06, 05/30/2019)

 

§304. MAJOR SUBDIVISION AND OTHER LAND DEVELOPMENT PROCESSING.

1.       Sketch Plan.  Prospective developers may discuss possible develop­ment sites with the Planning Commission prior to submission of a preliminary plan.  A sketch plan shall be presented for review not less than 10 days prior to the regular meeting of the Planning Commission at which it is to be considered.  Submission of a sketch plan will not constitute a formal filing of land development plan with the Township Commis­sioners.  Sketch plans should include those items listed in §401, "Sketch Plan."

2.       Preliminary Plan. 

A.      Submission of Preliminary Plans.

(1)      The preliminary plan and all information and proce­dures relating thereto shall in all respects be in compliance with the applicable provisions of this Chapter.  It is the responsibility of the  develop­er to coordinate his plans with the respective private and public service agencies. 

(2)      The completed application form shall be accompanied by the requisite fee as set forth in §302 of this Chapter along with the following:   

(a)      Fifteen prints of the preliminary plan. [Ord. 2019-06]

(b)      Three copies of the construction plans.

(c)      5 copies of Sewage Facilities Planning Module Application Mailer and a Planning Module (if required). [Ord. 2019-06].

(d)     Three copies of the stormwater management report.

(e)      One copy of all other supporting information required by §402(4).

(3)      The Township Engineer shall forward the nonrefunda­ble fee, one (1) copy of the preliminary plan prints and one copy of the required material to the Cumberland County Planning Commission and such other agencies as he deems appropriate for review and comment. The Township Engineer shall have the right to reject any plan, if in his opinion, the plan is incomplete under the criteria of §402. Any such rejected plan shall not be considered to have been filed.

(4)      The Engineer shall forward the remaining copies of the preliminary plan prints and required materials to the Planning Commission. 

B.       Review of Preliminary Plans.

(1)      Township Engineer Review.  All plans shall be re­viewed by the Town­ship Engineer.

(2)      Planning Commission Review.  The Planning Commis­sion will con­sider the plan to determine if it meets the standards set forth in this Chapter and the Hampden Township Code of Ordinances. 

(3)      Planning Commission Recommendation.

(a)      In making its recommendation, the Planning Commis­sion shall consider the recommendations of the Township Engineer, Township staff, the Township Sanitary Engineer, the Cumberla­nd County Planning Commis­sion, interested resi­dents and the recommenda­tions of any agency or agencies from which a review was requested.

(b)      The Planning Commission shall recommend whether the prelimi­nary plan should be approved, ap­proved with conditions or disapproved and shall notify the Township Commis­sioners in writing thereof including, if disapproved, a statement of reasons for such action, including specific reference to provisions of any statute or ordinance which have not been fulfilled.   [Ord. 98-7]

(c)      The Planning Commission shall act on the pre­liminary plan in time for the Township Commis­sioners to render their decision within 90 days from the official filing date. 

(4)      Board of Commissioners Action.

(a)      The Township Commissioners shall act on the preliminary plan within 90 calendar days of the official filing date.  Failure to do so shall be deemed an approval.  Before acting on a prelimi­nary plan, the Township Commissioners may hold a hearing thereon after public notice. 

(b)      The Township Commissioners shall notify the applicant, in writing, of its decision to approve, approve with conditions or disapprove the preliminary plan.  Such notice shall be given to the applicant in person or mailed to him at his last known address not later than 15 days following the decision.  If the plan is approved with conditions or disapproved, the Township Commissioners shall specify in their notice the conditions which must be met and/or the defects found in the plan and the require­ments which have not been met, including spe­cific reference to provisions of any statute or ordinance which have not been fulfilled. 

(c)      If the preliminary plan is approved subject to conditions, the Township Commissioners shall not sign the plan until all of the conditions have been met.  All conditions of approval must be fulfilled within 180 days of the date of approval, or the approval shall automatically become null and void, unless extended by the Commissioners. The official date of approval of the preliminary plan shall be the date of conditional approval.

(d)     Approval of the preliminary plan shall consti­tute approval of the land development as to the character and intensity of development, the  arrangement and approximate dimensions of streets, lots and other planned features.  The approval binds the developer to the general scheme of the development shown unless a re­vised preliminary plan is submitted and permits the developer to proceed with final detailed design of improvements, to arrange for guaran­tee to cover installation of the improvements and to prepare the final plan.  Approval of the preliminary plan does not authorize the sale of lots, the construction of improvements or the recording of the preliminary plan. 

(5)      Resubmission of Preliminary Plans.  A revised plan submit­ted after disap­proval shall be consid­ered and pro­cessed as a new plan submission. 

3.       Final Plan.

A.      Submission of Final Plans.

(1)      After the developer has received official notification from the Township Commissioners that the preliminary plan has been approved with or without conditions, the developer may submit a final plan in accordance with the provisions of the Municipalities Planning Code and this chapter, provided, however, that a revised preliminary plan is first submitted that either meets all conditions of approval or identifies all outstanding conditions for comparison and consistency with the final plan. 

(2)      The final plan shall conform in all respects with the approved preliminary plan.  If it does not, the plan submitted shall be considered as a revised preliminary plan and shall be forwarded by the Township Engineer to the Planning Commission for review and recommendation as a preliminary plan. 

(3)      The completed application form shall be accompanied by the requisite fee as set forth in §302 of this Chapter along with the following:   

(a)      Fifteen prints of the final plan. [Ord. 2019-06]

(b)      Three copies of the construction plans.

(c)      Three copies of the stormwater management report.

(d)     One copy of all other supporting information required by §403.4.

(4)      The Township Engineer shall forward the nonrefunda­ble fee, one copy of the final plan prints and one copy of the required material to the Cumberla­nd County Planning Commission and such other agencies as he deems appropriate for review and comment. The Township Engineer has the right to reject any plan, with no official filing date, if in his opinion, the plan is incomplete under the criteria of §403.

(5)      The Engineer shall forward the remaining copies of the final plan prints and required materials to the Planning Commission. 

B.       Review of Final Plans.

(1)      Township Engineer Review.  All plans shall be re­viewed by the Town­ship Engineer.

(2)      Planning Commission Review.  The Planning Commis­sion will review the plan and requisite materials for compliance with the approved preliminary plan and for compliance with this Chapter and the Hampden Township Code of Ordinances. 

(3)      Planning Commission Recommendation. 

(a)      In making its recommendation, the Planning Commis­sion shall consider the recommendations of the Township Engineer, Township staff, the Township Sanitary Engineer, the Cumberland County Planning Commission, interested residents and the recommenda­tions of any agency or agencies from which a review was requested.

(b)      The Planning Commission shall recommend whether the final plan should be approved, approved with conditions or disapproved and shall notify the Township Commissioners in writing thereof including, if disapproved, a statement of reasons for such action, including specific reference to provisions of any statute or ordinance which have not been fulfilled. 

(c)      The Planning Commission shall act on the final plan in time for the Township Commissioners to render their decision within 90 days from the official filing date. 

(4)      Board of Commissioners Action.

(a)      The Township Commissioners shall act on the final plan within 90 calendar days of the official filing date.  Failure to do so shall be deemed an approval.  Before acting on a final plan, the Township Commission­ers may hold a hearing thereon after public notice. 

(b)      The Township Commissioners shall notify the applicant, in writing, of its decision to approve, approve with conditions or disapprove the final plan.  Such notice shall be given to the applicant in person or mailed to him at his last known address not later than 15 calendar days following the decision.  If the plan is approved with conditions or disapproved, the Township Commissioners shall specify in their notice the conditions which must be met and/or the defects found in the plan and the requirements which have not been met, including specific reference to provisions of any statute or ordinance which have not been fulfilled.  [Ord. 98-7]

(c)      If the final plan is approved subject to conditions, the Township Commissioners shall not sign the plan until all of the conditions have been met. All conditions of approval must be fulfilled within 355 days of the date of approval, or the approval shall automatically become null and void, unless extended by the Township Commissioners and the appropriate fee paid to the Township.  The official date of approval of the final plan shall be the date of conditional approval. [Ord. 2019-06]

(5)      Resubmission of Final Plans.  A revised plan submit­ted after dis­approval shall be considered and processed as a new plan submission. 

(6)      Recording of Final Plans.

(a)      Upon conditional approve of the final plan, the developer shall prepare seven (7) copies of the plan containing seals and signatures, including all construction drawings, which shall be submitted to the Township not later than 80 days after satisfaction of all conditions but in no case later than 355 days after approval.  The Township Commissioners will sign these plans, upon satisfaction of all conditions attached to the approval.  A copy of the signed final plan shall be recorded in the office of the Cumberland County Recorder of Deeds within 90 days after satisfaction of all conditions but in no case later than one (1) year after approval of the final plan or else the approval of the Township Commissioners shall be null and void.  The final plan must be recorded before proceeding with the sale of lots or construction of any improvements. {Ord. 2019-06}

(b)      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 developer as hereinafter provided.  The approval of the final plan shall not impose any duty upon the Township Commissioners or Hampden Township concerning maintenance or improvements by ordinance or resolution. 

(c)      The developer 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 final plan. 

(Ord. 95-1, 2/2/1995, §304; as amended by Ord. 98-7, 8/27/1998; by Ord. 04-09, 12/07/2004, §I; by Ord. 12-03, 06/28/2012 §304.3.A; and by Ord. 2019-06, 05/30/2019)