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All plans shall be submitted to and reviewed by the Township Planning Commission for advisory comments at its regular monthly meeting. The Local Planning Commission may review the plans with engineering, planning and/or other technical consultants to assist in the preparation of an advisory report for the Board of Supervisors. The township shall forward to the applicant a copy of any report of the Local Planning Commission. The township shall not take action on an application until the Local Planning Commission report is received or until the expiration of 30 days from the date the application was forwarded to the Local Planning Commission.
(Ord. 2-2011, passed 10-6-2011)
(A) Submission. It is encouraged that prior to the preparation of a preliminary plan that the applicant confer with the Township Planning Commission for the purpose of an informal discussion concerning the proposed subdivision or land development. The subdividers may submit a sketch plan following the guidelines set forth in § 155.049. The submission of a sketch plan is optional. When this option is chosen by the applicant, the sketch plan shall be submitted for review not less than ten days prior to the date of the regular meeting of the Township Planning Commission at which it is to be considered.
(B) Sketch plan review. The Township Planning Commission will review the sketch plan with the applicant as it relates to:
(1) The Comprehensive Plan for the county;
(2) The Township Comprehensive Development Plan or any other local level comprehensive plan which may exist;
(3) Other relevant ordinances which may exist;
(4) The general suitability of the site for proposed development;
(5) The availability of necessary services and facilities;
(6) The improvements and design required by these regulations; and
(7) Any known proposals of either local, state or federal governments for such improvements as highways, dams, recreation areas, historic sites, plus any other facility that may have an impact on the proposed subdivision.
(Ord. 2-2011, passed 10-6-2011)
(B) Notwithstanding any other provision of the ordinance to the contrary, any additional subdivision shall be considered to be a major subdivision if such additional subdivision would result in six or more lots being or having been created from what was a single lot on or after April 26, 1994, the effective date of Ord. 1-94, providing for the regulation of subdivision of land.
(Ord. 2-2011, passed 10-6-2011)
(A) Submission. Upon reaching conclusions in the informal discussion(s) as a result of reviewing the optional sketch plan, and after reviewing the plan requirements of this chapter, the applicant is then in a position to proceed with the preparation and official submission of the preliminary plan. The preliminary plan shall conform with the requirements set forth in § 155.050. When filing applications for review and approval of subdivision and land development plans, the applicant shall submit to the Township Board of Supervisors plans and data at two stages of preparation which shall be designated as “preliminary plan” and “final plan”. Application forms for the submission of both preliminary and final plans are available in the township office.
(1) Application fee. The fees for the submission and review of subdivisions and land developments within the township shall be established by resolution by the Board of Supervisors.
(2) Number of copies. When submitting an application for review and approval of a preliminary plan, the applicant shall submit five copies of prints of the proposed subdivision or development plan and supporting information along with three copies of any proposed covenants to the Township Board of Supervisors, which will then forward copies of the preliminary plan to the Township Planning Commission, the County Planning Commission, affected water and sewer agencies and the Township Engineer. Copies of the letter of transmittal from the applicant will be sent to other relevant agencies and companies such as other affected utility companies, post offices, the Bellwood-Antis School District, Assessors and Fire Departments, along with a notation that the plans are available for review in the township office. In addition to filing with the township, preliminary plans shall be concurrently submitted to appropriate officials of the township for action or information of such officials as appropriate.
(3) Sewage facilities planning module/exemption. When applicable, the application form shall be accompanied by four copies of a completed sewage facilities planning module, completed sewage facilities planning exemption request, or a completed request for planning waiver and non-building declaration as required by and to be submitted to the State Department of Environmental Protection (DEP).
(B) Review of the preliminary plan. On receipt of the recommendations from the prints and information distributed to the Local Planning Commission, the County Planning Commission and the Township Engineer, if the same have been received within a period of 30 days of such transmittal, and on receipt of the recommendations of the other agencies noted in division (A)(2) above, if the same have been received within a period of ten days of such transmittal or such reasonable further time as may be requested by these agencies, the Township Board of Supervisors shall review the application. Based on a thorough review of the comments of the abovementioned agencies and of the details of the preliminary plan in light of this chapter, the Township Board of Supervisors shall approve, approve with modification or disapprove the preliminary plan. The Township Board of Supervisors shall render its decision and communicate its decision to the applicant not later than 90 days following the date of the regular meeting of the governing body next following the date the application is filed, provided that should said next regular meeting occur more than 30 days following the filing of the application, said 90-day period shall be measured from the thirtieth day following the day the application has been filed.
(1) Changes and modifications. The Township Board of Supervisors may require or recommend changes or modifications of the preliminary plan as a prerequisite for approval of the final plan.
(2) Approval. Approval or approval with conditions, revisions or modifications as stipulated or suggested by the Township Board of Supervisors of the preliminary plan shall constitute approval of the subdivision or land development as to the character and intensity of development, the arrangement and approximate dimensions of streets, lots and other planned features; however, approval of the preliminary plan shall not constitute acceptance of approval for final approval and recording on fulfillment of all requirements of these regulations. The action of the Township Board of Supervisors shall be communicated to the applicant in writing no later than 15 days following the decision.
(3) Decision. When the application is not approved in terms as filed, the written decision shall specify the defects found in the application, describe the requirements which have not been met, shall cite the provisions of the statute or ordinance relied upon and shall be communicated or mailed to the applicant not later than 15 days following the date of the decision.
(Ord. 2-2011, passed 10-6-2011)
(A) After the applicant has received official notification that his or her preliminary plan has been approved and recommended changes, if any, have been made, he or she has five years in which to submit a final plan. If the applicant does not do so within a five-year period, his or her preliminary plan shall be nullified unless a written time extension is approved by the Township Board of Supervisors. The final plan must conform to the general scheme of the preliminary plan as approved and must contain the information specified in § 155.051.
(B) The final plan may be a portion of the entire subdivision shown on the preliminary plan.
(C) (1) Before requesting final plan approval, the applicant must submit to the Township Board of Supervisors either a certification by a licensed engineer that all improvements and installations to the subdivision required by this chapter have been made as required by this chapter and have been made in accordance with the specifications and approved plans or a bond which shall deposit with the municipality of financial security in an amount sufficient to cover the costs of such improvements or common amenities, including but not limited to roads, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements or buffer or screen plantings which may be required.
(2) No plat shall be finally approved unless the streets shown on such plat have been improved to a mud free or otherwise permanently passable condition, or improved as may be required by this chapter, and any walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements as may be required have been installed in accordance with this chapter. In lieu of the completion of any improvements required as a condition for the final approval of a plat, this chapter provides for the deposit with the municipality of financial security in an amount sufficient to cover the costs of such improvements or common amenities, including, but not limited to, roads, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements or buffer or screen plantings which may be required.
(Ord. 2-2011, passed 10-6-2011)
(A) General provisions.
(1) When requested by the developer, in order to facilitate financing, the governing body or the planning agency, if designated, shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining a satisfactory financial security. The final plat 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 governing body; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.
(2) Without limitation as to other types of financial security which the municipality may approve, which approval shall not be unreasonably withheld, federal or commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this section.
(3) Such financial security shall be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the part posting the financial security, provided that said bonding company or lending institution is authorized to conduct such business within the commonwealth.
(4) Such bond or other security shall provide for and secure to the public the completion of any improvements which may be required on or before the date fixed in the formal action or approval or accompanying agreement for completion of the improvements.
(5) The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the municipality may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the ninetieth day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the municipality may require the developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this division (A)(5).
(6) The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, in accordance with applicable prevailing wage rates for the state, submitted by an applicant or developer and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The cost estimate shall separate the costs of all improvements to be dedicated to the township (for GASB 34 compliance) from those improvements not to be dedicated. The municipality, upon the recommendation of the Municipal Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the municipality are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the municipality and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the municipality and the applicant or developer.
(7) If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial 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 one-year period by using the above bidding procedure.
(8) In the case where development is projected over a period of years, the governing body or the planning agency may authorize submission of final plats by section or stages of development subject to such requirements or guaranties as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
(9) As the work of installing the required improvements proceeds, the party posting the financial security may request the governing body to release, or authorize the release of, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the governing body, and the governing body shall have 45 days from receipt of such request within which to allow the Municipal Engineer to certify, in writing, to the governing body that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification, the governing body shall authorize release by the bonding company or lending institution of an amount as estimated by the Municipal Engineer fairly representing the value of the improvements completed or, if the governing body fails to act within said 45-day period, the governing body shall be deemed to have approved the release of funds as requested. The governing body 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.
(10) Where the governing body accepts dedication of all or some of the required improvements following completion, the governing body may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plat for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.
(11) If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the municipality, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section.
(12) If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this chapter, the municipality shall not condition the issuance of building, grading or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plat upon actual completion of the improvements depicted upon the approved final plat. Moreover, if said financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following the improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plat, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonable use of or occupancy of the building or buildings. Any ordinance or statute inconsistent herewith is hereby expressly repealed.
(B) Release from improvement bond.
(1) When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the municipal governing body, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Municipal Engineer. The applicant’s engineer shall certify that all completed work complies with the approved plans. The municipal governing body shall, within ten days after receipt of such notice, direct and authorize the Municipal Engineer to inspect all of the aforesaid improvements. The Municipal Engineer shall, thereupon, file a report, in writing, with the municipal governing body and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Municipal Engineer of the aforesaid authorization from the governing body; said report shall be detailed and shall indicate acceptance or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, shall not be accepted or shall be rejected by the Municipal Engineer, said report shall contain a statement of reasons for such non-approval or rejection.
(2) The municipal governing body shall notify the developer within 15 days of receipt of the Engineer’s report, in writing, by certified or registered mail, of the action of said municipal governing body with relation thereto.
(3) If the municipal governing body or the Municipal Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been accepted and the developer shall be released from all liability except that required under division (A)(10) above, pursuant to its performance guaranty bond or other security agreement.
(4) If any portion of said improvements shall not be accepted or shall be rejected by the municipal governing body, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
(5) Nothing herein, however, shall be construed in limitation of the developer’s right to contest or question, by legal proceedings or otherwise, any determination of the municipal governing body or the Municipal Engineer.
(6) Where herein reference is made to the Municipal Engineer, he or she shall be a duly registered professional engineer employed by the municipality or engaged as a consultant thereto.
(7) The applicant shall reimburse the municipality for the reasonable and necessary expense incurred for the inspection of improvements, including resident inspection for those improvements as determined by the township. Such reimbursement shall be based upon a schedule established by ordinance or resolution. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Municipal Engineer or consultant for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the Engineer or consultant to the municipalities when fees are not reimbursed or otherwise imposed on applications.
(a) In the event that the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within 30 working days of the date of billing, give written notice to the municipality that such expenses are disputed as unreasonable or unnecessary and shall explain the basis of their objection to the fees charged, in which case the municipality shall not delay or disapprove a subdivision or land development application or any approval or permit related to development due to the applicant’s request over disputed engineer expense. Failure of the applicant to dispute a bill in writing within 30 days shall be a waiver of the applicant’s right to arbitration of that bill under this section.
(b) If, within 20 days from the date of billing, the municipality and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and municipality shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the commonwealth to review said expenses and make a determination as to the amount thereof which is reasonable and necessary.
(c) The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.
(d) In the event that the municipality and applicant cannot agree upon the professional engineer to be appointed within 20 days of the billing date, then, upon application of either party, the President Judge of the Court of Common Pleas of the judicial district in which the municipality is located (or if at the time there is no President Judge, then the senior active Judge then sitting) shall appoint such engineer, who, in that case, shall be neither the Municipal Engineer nor any professional engineer who has been retained by, or performed services for, the municipality or the applicant within the preceding five years.
(e) The fee of the appointed professional engineer, for determining the reasonable and necessary expenses, shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the municipality shall pay the fee of the professional engineer, but otherwise the municipality and the applicant shall each pay one-half of the fee of the appointed professional engineer.
(C) Remedies to effect completion improvements. In the event that any improvements which may be required have not been installed as provided in this chapter or in accord with the approved final plat, the governing body of the municipality is hereby granted the power to enforce any corporate bond or other security 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 governing body of the municipality 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 moneys 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 such security and not for any other municipal purpose.
(Ord. 2-2011, passed 10-6-2011)
(A) Within 90 days from the submission of the final plan, the Township Board of Supervisors shall review and act on the plan and notify the applicant in writing of its action. On finding the final plan application to be in accordance with the requirements of this chapter and for compliance with the approved preliminary plan, the Township Board of Supervisors shall affix its seal on the plan together with the certifying signature of the Chairperson. Where modifications of the final plan are requested or the plan is disapproved, the grounds for these actions must be stated in the notification and noted in the Township Board of Supervisors’ records.
(B) Based on a thorough review of the details of the final plan, the township shall approve; approve with conditions, revisions or modifications; or disapprove the application; render its decision; and communicate its decision to the applicant within 90 days after the date the final plan application was filed. The Township Board of Supervisors shall notify the applicant in writing of its decision no later than 15 days following the decision. The approval of the final plan by the Township Board of Supervisors shall not be deemed an acceptance of the proposed dedication and shall not impose any duty on any of the municipalities of the county concerning the maintenance or improvements of any such street, highway, alley or other portions of the same, until the municipality in which the subdivision is located shall have accepted or made actual appropriation of the same by entry, use or improvement. When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of the statute or ordinance relied upon.
(Ord. 2-2011, passed 10-6-2011)
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