SUBDIVISION AND LAND DEVELOPMENT PLAN
REVIEW PROCESS GUIDE
September 2013
Introduction
The Pennsylvania Municipalities Planning Code, Act of 1968, P.L.805, No. 247 as reenacted and amended provides in Article V, Section 501 “Grant of Power. The governing body of each municipality may regulate subdivisions and land development within the municipality by enacting a subdivision and land development ordinance. The ordinance shall require that all subdivision and land development plats of land situated within the municipality shall be submitted for approval to the governing body or, in lieu thereof, to a planning agency designated in the ordinance for this purpose…”
Development governed by Planned Residential Development provisions shall be governed by provisions in Article VII of the Pennsylvania Municipalities Planning Code which may differ from the information below.
The information below uses “municipality” and “governing body”. Where a planning agency is designated in the ordinance as the approving body, these terms may refer to the planning agency.
The information below is intended to be a guide and where it differs from that in the Municipalities
Planning Code, the Municipalities Planning Code shall govern.
Determine if Simple, Minor or Major Subdivision
Simple, Minor or Major Subdivision/Land Development : Determination if the Subdivision or Land
Development is Simple, Minor or Major is dependent on the number of lots being created; use type (open space, residential, commercial, industrial); square footage of the proposed renovation/conversion/expansion/construction; and other criteria as established by the municipality.
Pre-Application Submission and Meeting (Optional)
An owner can elect to submit information in advance of the Application to discuss likely requirements and potential waivers. Pre-Application Submissions are typically performed for Major Subdivision and
Land Development Plans.
Consultations and Code Reviews : Prior to submission of the Pre-Application information, the applicant should consider contacting various entities to determine their requirements for the Subdivision/Land
Development. Including the following:
County Conservation District/PADEP: Consult regarding plans for erosion and sedimentation control and obtain a report on the soil and sinkhole characteristics of the lot(s). Determine if any of the land is within a floodplain with restrictions and requirements.
Public Sewer System: If public sewer is proposed, consult with the appropriate municipal sewer system regarding ability to connect and adequacy of conveyance and treatment capacity. Written confirmation from the municipal sewer system should be filed with the sketch plan.
PADEP and/or Municipal Sewage Enforcement Officer (SEO): Where public sewer is not proposed, consult with PADEP and/or the SEO regarding suitability of the site for a
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September 2013 private facility. Written confirmation from the SEO and/or PADEP should be filed with the sketch plan.
Public Water System: If public water is proposed, consult with the appropriate public water system regarding ability to connect and adequacy of distribution, source, and treatment capacity. Written confirmation from the public water system should be filed with the sketch plan.
Pre-Application Plan Submission : Applicant should consider submission of the following items at this time.
Sketch Plan: Information provided on the sketch plan is for general reference only and may contain the following information:
Proposed Subdivision/Land Development Name
Applicant Name and Contact Information
Engineer/Surveyor Name and Contact Information
Date
North Arrow
Zoning Classification
Purpose of Proposed Subdivision/Land Development
Location Map
Plan: including existing and proposed streets and buildings, tract boundaries and dimensions, tract acreage, proposed general lot layout, and building layout.
Significant Physical and Natural Features: man-made improvements, slopes, tree masses, closed depressions, wetlands, sinkholes, bodies of water, quarries, estimated 100-year flood plains.
Existing and Proposed Utilities: including methods of sewage disposal and water supply.
Project Narrative: Written description of the proposed Subdivision/Land Development including discussion on the results of consultations performed, items potentially requiring waivers, schedule, and items not fully addressed on the sketch plan.
Informal Plan Review: The municipality performs an informal plan review of the submitted information and provides comments. Any comments provided by the municipality are non-binding and informational.
Pre-Application Meeting : Consider a meeting to discuss and review the Pre-Application Plan
Submission information. Any comments provided by the municipality are non-binding and informational.
Preliminary/Final Plan Submission
Signed Application and Fees : A Subdivision/Land Development Plan Application and fee schedule can be obtained from the municipal office for completion and submission with the plan. Municipalities may require establishment of an escrow account to cover plan review costs.
Property and Construction Plans : Plan drawings shall include applicable property line information and owner certifications. Plans shall include the information noted above for the sketch plan and may also require contours; typical cross sections; lot layout, numbers and dimensions; set back lines; profiles of
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September 2013 proposed street centerlines; clear sight triangles; planned phasing; as well as other information.
Construction details shall be provided in accordance with the effective municipal ordinance requirements.
Submitted Prior to Deadline: Submissions shall be submitted by the deadline established by the municipality which provides for sufficient time for review prior to regularly scheduled meetings.
Ancillary Data, such as :
Project Description: A brief description of the project scope of work is often included with the plans.
Stormwater and E&S: Plans, narratives, and computations may be required to demonstrate that proposed erosion control and stormwater management best management practices conform to the applicable ordinance requirements. These plans may be required to be submitted to the County
Conservation District or Pennsylvania Department of Environmental Protection for review and approval. E&S approvals may be required with the Final Plan Submission.
Highway Occupancy/Street Opening Permits: Permits are required for proposed driveway access to a State Route or for general work within the PennDOT Right-of-Way. Some municipalities require driveway permits and street opening permits for local roads and streets as well. Permit approvals may be required with the Final Plan Submission.
Traffic Impact Study: Studies can be required by PennDOT or municipalities on projects which propose to generate additional traffic, revise existing traffic patterns, or impact public safety.
Street Construction & Signage: Plans, details, and computations may be required to demonstrate that proposed streets and signs meet the applicable ordinance requirements.
Lighting Plan: A plan may be required to demonstrate conformance with ordinance requirements such as illumination standards, photometrics, and glare standards.
ROW dedication: The applicant may be required to declare intentions to dedicate public improvements and right-of-way to the municipality after construction.
Flood Plain Evaluation: An evaluation may be required by the municipality to determine if the proposed development will impact the floodplain or floodway of an adjacent watercourse. Many municipalities have Floodplain Districts with specific ordinance requirements regulating construction therein.
Environmental Assessments: An Environmental Impact Assessment (EIA) Report may be required depending on the size, scope, and location of the proposed subdivision or land development. The components of the report are typically identified in the municipal ordinances and the report is required to be prepared by a qualified person.
Grading: Plan drawings shall include existing and proposed contours and grading details to demonstrate conformance with applicable ordinance requirements.
Soils and Geologic Report: Reports may be required to identify site soils and underlying geology in order to identify any building constraints or construction precautions that shall be taken during project development.
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Hydrogeologic Report: A report may be required to identify any anticipated project effects on the subsurface distribution and movement of groundwater resources.
Public Water & Sewer Service Plans: Proposed utility plan, profiles, and details may be required in order to demonstrate conformance with the ordinance requirements. Letters are often obtained from the applicable service providers to demonstrate utility capacity and intent to serve a project
(Preliminary Plan Submission). Plan approvals by applicable utility service providers may be required by the municipality prior to Final Plan Approval.
Landscape Plan: A plan may be required to demonstrate conformance with ordinance requirements such as screening, buffer yards, and/or open space.
Archeological & Historical Land Impact: Review may be required for proposed projects in areas with known historical significance. Many municipalities have Historic Districts with specific ordinance requirements regulating construction therein.
Agricultural Preserve: Review may be required for proposed projects in areas with known designations for agricultural preservation.
Clean and Green: Review may be required for proposed projects on property that is enrolled in the Pennsylvania Clean and Green Program which restricts certain land uses to remain eligible for the program.
Waiver Request Letter/Summary: If waivers or modifications of any ordinance requirements are being requested, the municipality may require a letter summarizing the requests and referencing the related ordinances (Preliminary Plan Submission) and a summary of the waivers received
(Final Plan Submission).
Preliminary/Final Plan Technical Reviews
Preliminary/Final Plan Technical Reviews : The required technical reviews are determined based on the scope of the project and the municipalities and regulatory agencies involved. Municipalities may distribute the plans and project information for local technical reviews and the applicant is generally responsible for obtaining outside technical reviews. The responsibilities for distribution for technical review should be coordinated between the applicant and municipality. Identify to what level the technical reviews are required to be complete at the time of the Preliminary Plan Submission (e.g. applications submitted, approval letters obtained, etc.) and Final Plan Submission (e.g. approvals received).
County Planning Commission: County planning commission reviews the plans for compliance with county-level comprehensive plans, land use planning and other requirements.
Local Planning Commission: Municipalities typically require local planning commission reviews and approvals and withhold municipal governing body approval until local planning commission approval or recommendation is received.
Codes Officer: Code review and enforcement of the Uniform Construction Code is typically performed by the municipality or outsourced by the municipality to a third party. If the municipality where the project is located has “opted out” the Department of Labor and Industry is responsible for the review and enforcement of all commercial codes and certified third party agencies hired by the property owner or its contractors enforce the residential requirements.
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Zoning Officer/Zoning Hearing Board: Requests for exceptions and variances related to the zoning ordinance requirements including land use are typically decided by the Zoning Hearing
Board. These requests are typically identified and discussed during the pre-application meeting or early during the preliminary planning.
Municipal Engineer: Municipal Engineer may review the project for compliance with the municipal ordinances.
Municipal Staff: Municipal Staff may review the project for compliance with the municipal ordinances.
Emergency Services: Emergency Services may review the project for compliance with related ordinances and potential impact to emergency services.
School Board: School Board may review the project for potential impact to the school district.
Solicitor: Solicitor may review the project for compliance with the municipal ordinances, agreements, easements, rights-of-way, and other agreements.
Public Utilities: If services are proposed from public utilities, a form of confirmation of availability of service is typically required. The plans are also reviewed by the public utilities for conformance to their specifications for any facilities to be dedicated to the public utility.
County Conservation District: The County Conservation District reviews Erosion &
Sedimentation Control Plans, if required. The requirement for E&S Control BMPs and Plans is identified in the Pennsylvania Code for earth disturbance activities other than agricultural plowing or tilling or animal heavy use areas as follows: implementation and maintenance of E&S
BMPs are required to minimize the potential for accelerated erosion and sedimentation which disturb less than 5,000 square feet. Written E&S Plans are required where one or more of the following apply: (a) total earth disturbance of 5,000 square feet or more; (b) development of an
E&S Plan is required under the PA Code or other state regulations; and (c) the earth disturbance activity, because of its proximity to existing drainage features or patterns, has the potential to discharge to a water classified as a High Quality or Exceptional Value water.
PENNDOT/Municipal Road Review: Responsible for review of Highway Occupancy Permits,
Driveway Permits, and Street Opening Permits, if required.
Department of Environmental Protection: Review may be required for E&S reviews in certain counties, permitting related to work in or around streams and wetlands, wastewater, and other areas, as required.
Comments/Withdraw : During the Technical Reviews, comments from the various reviewers and the planning commission staff may be received. Based on the level and amount of comments, the applicant may be asked to withdraw the application. The applicant may be asked to make corrections or significant revisions to the plans which may also involve withdrawing the original application and plans and resubmitting the Preliminary Plan.
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Local Planning Commission Recommendation
In accordance with the procedure established in the municipality’s ordinance for reviews and approvals, the Municipal Planning Commission Recommendation is received.
Municipal Governing Body Decision
Timeframe for Decision : The municipality’s governing body shall act upon the application within the time limits as may be fixed in the ordinance but the governing body shall render its decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the governing body or the planning agency (whichever first reviews the application) next following the date the application is filed, or after a final order of the court remanding an application. However, if the next regular meeting occurs more than 30 days following the filing of the application, or final order of the court, the 90-day period shall be measured from the 30 th day following the day the application was filed.
Decision : o Shall be in writing. o Communicated personally or mailed not later than 15 days following the decision. o If not approved, specify the defects found including for each case the citation of the provision or statute in the ordinance relied upon.
Failure to Meet Timeframe and Communication Requirements : Failure of the governing body to render a decision and communicate it to the applicant within the timeframe and in the manner required shall be deemed an approval of the application in terms as presented unless the applicant has agreed in writing to an extension of the time or change in the manner of presentation of the communication of the decision, in which case, failure to meet the extended time or change in presentation of the communication shall also result in an approval of the application in terms as presented.
After Preliminary Plan Municipal Governing Body Decision : After a preliminary plan submission is approved by the governing body, the applicant has the option to (a) provide financial security (typically bonding) to insure the completion of improvements and continue with the final plan submission process, or (b) proceed with and complete construction prior to final plan submission process in lieu of financial security requirements.
Record Plan
Proof of Financial Security : In lieu of completing improvements shown as part of the approved Final
Plan , a developer shall deposit financial security to cover the cost of installation of public improvements.
An improvements bond or letter of credit in the amount of 110% of the estimated construction fee is typical.
Other Fees : Notary and plan recordation fees are typical.
Final Plan Approval by the Municipality or County Planning Commission (if delegated) will be required prior to plan recordation and commencement of construction. Approved plans are typically signed by members of the planning commission and approving board prior to recordation.
Recording Plats and Deeds: The developer shall record approved final plans within 90 days upon receipt of drawings signed by the municipality or completion of any conditions of the plan approval, whichever is later.
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Building Permit
Permit Application and Fees : Building Permits should not be issued unless the lot or parcel is part of an approved and recorded plan. Building permits are required by State Law based on type and scope of work being performed. Information regarding when building permits are required is included in the
Pennsylvania Uniform Construction Code and includes new construction, additions, alterations, and change of occupancy. The scope and type of work will also dictate who is required to prepare the construction documents (i.e. design professional).
Decisions on any building permit application must be acted upon within 90 days (or less if required in the local ordinance) or the permit is deemed approved. If a permit is denied, the reason(s) for the denial and actions that would lead to its approval must be provided.
Fees for the building permit shall be based on a schedule of fees established by ordinance or resolution.
Fee schedules should be monitored and regularly reviewed to ensure that fees required do not exceed the actual costs.
Prior to building permit approval : Confirm that the following items have been addressed satisfactorily as well as other required approvals and reviews: o Insurances o Drawings/Plans o Septic, Well, Sewer, and Water Permit Approvals o PennDOT Permit Approvals o Zoning Permit Approvals
Construction
Municipality Inspection : Periodic or resident inspection may be required during construction to ensure that public improvements are being built in accordance with the approved plan. The municipality may have the developer establish an escrow to draw down for inspection fees.
Special Inspections : Special inspections may be required by other approvals including PENNDOT,
Labor and Industry, PADEP, utilities, and others.
Security Funding : At the request of the developer, the municipality may release a portion of the financial security in accordance with the work that has been substantially completed to their satisfaction. The municipality may increase financial security an additional 10% on an annual basis.
Certificate of Occupancy : Certificates of Occupancy are required by State Law for all buildings requiring building permits and inspections or there is a change of use defined by the building code. The purpose of the Certificate of Occupancy is to certify that buildings are built in accordance with applicable construction codes and all required inspections are completed. Certificates of Occupancy are issued by the building code official.
Post-Construction
As-Built Submittals : As-built or record drawings may be required from the developer as a condition of the Final Land Development Plan approval. Plan detail shall meet the requirements set forth in the municipal ordinance.
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Dedication of Infrastructure : Public improvements, right-of-ways, and easements that were identified for dedication on the approved plan may be accepted by the municipality when the work has been substantially completed to their satisfaction.
Maintenance Period : The municipality can require the developer to post a maintenance bond for a term not to exceed 18 months from the date of acceptance and dedication.
Certificate of Completion :
Release of Security and Escrow : Full financial security and escrow can be released after acceptance of all improvements and completion of all inspections of the work.
References
Pennsylvania. Department of Community and Economic Development. Governor’s Center for Local
Government Services. Pennsylvania Municipalities Planning Code Act of 1968, P.L.805, No. 247 as reenacted and amended. Twentieth Edition, July 2011. Available Online: www.newpa.com/localgovernment/publications .
Pennsylvania. Department of Community and Economic Development. Governor’s Center for Local
Government Services. Subdivision and Land Development in Pennsylvania Planning Series #8. Fifth
Edition, 2003. Available Online: www.newpa.com/local-government/publications .
Disclaimer: The information in this document is prepared to assist municipalities with the submission, review, and approval process for Subdivision and Land Development Plans. Where any information within this document conflicts with current federal, state, or municipal laws and regulations the laws and regulations shall govern.
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