[Ord. 100-1995, 7/3/1995, § 20.7; as amended by
Ord. 2012-04, 5/7/2012]
1.
Proposed subdivision and land development, all or part of which are
situated in the Township, shall be reviewed by the Township Planning
Commission and the Centre County Planning Office and shall be approved
or denied by the Township Supervisors in accordance with the procedures
specified in this Part. All plans shall be reviewed as combined preliminary/final
subdivision and land development plans unless they meet any of the
following conditions, then shall they be required to be reviewed as
separate preliminary and final plans:
A.
Phased plans shall be reviewed as a preliminary plan, each phase
shall be reviewed as a separate final plan. If desired, multiple phases
may be reviewed as one final plan.
B.
Developments of regional significance shall be reviewed as separate
preliminary and final plans. Developments of regional significance
include:
(1)
Developments containing 20 or more residential lots or dwelling
units.
(2)
Industrial subdivisions of 10 lots or greater; or industrial
land development plans with 100,000 square feet of building area or
greater.
(3)
Commercial subdivision of 10 lots or greater; or commercial
land development plans with 100,000 square feet of building coverage
or greater.
(4)
Any plan requiring a traffic study which does not have a previously
approved traffic study.
[Ord. 100-1995, 7/3/1995, § 20.8; as amended by
Ord. 2012-04, 5/7/2012]
1.
A minor land development is intended to be a land development, as
defined in the Pennsylvania Municipalities Planning Code, which after
appropriate review and analysis by the Township staff is determined
to be of such size and scope as to be considered as only having minor
county wide or local community impact.
2.
In order to qualify for this exclusion, the proposed land development
will be evaluated based on the following definitions and additional
criteria listed:
A.
Nonresidential Minor Land Development (one time exclusion). A land
development involving a single nonresidential building or building
addition not exceeding 1,000 square feet, or less than a 10% increase
in total impervious surface, whichever is greater. This one time exclusion
shall be noted on the building permit application and the building
permit.
B.
Residential Minor Land Development. A second single-family residential
building on the same lot may be added to the same, provided there
is a minimum of 20 acres. A third single-family residential building
may be added on the same lot provided there is a minimum of 100 acres.
C.
Minor lot line adjustments shall require a plan suitable for recording prepared and certified by a professional land surveyor. Refer to § 22-211 for requirements.
D.
Declaration of condominiums.
3.
Additional Criteria.
A.
Proposed building or addition must also comply with sections of this chapter and the Zoning Ordinance [Chapter 27].
B.
Must be approvable by the Spring Township Sewage Enforcement Officer
or the Spring Benner Walker Joint Authority (SBWJA).
C.
Must have access to a public street or road or an approved private
road.
D.
Have no significant increase in the number of vehicle trips.
E.
Have no significant increase in the number of employees.
F.
Must be approved for public water service or have an approved on-site
well.
4.
Exemptions.
A.
The conversion of an existing single-family detached dwelling unit
or single-family semidetached dwelling into not more than two residential
units.
B.
The addition of an accessory building, including farm buildings on
a lot or lots subordinate to an existing principal building. Farm
buildings shall include, but not be limited to, the following: barns,
silos, implement storage sheds and corn cribs. This exemption shall
not include retail commercial buildings for the sale of farm or nonfarm
related products.
C.
The reuse, for a single purpose, of existing nonresidential buildings.
D.
Temporary buildings for construction offices or trailers.
E.
Structures or their accessory facilities such as communication towers,
signs, billboards, driveways and public utility structures or their
accessory facilities.
F.
Single residential building on an existing lot of record.
5.
Submission Process.
A.
The applicant or agent shall submit for review the following:
(1)
A completed application form with appropriate review fees.
(2)
An informal sketch which delineates the nature of the development.
Details on the sketch shall include (but not be limited to): Bearings
and distances of all property lines, location of all current and proposed
structures to scale, location of utilities entering property and along
the public road frontage.
(3)
Any other information that is relevant to the impact criteria.
B.
Upon receipt of the above information, the staff shall render its
determination within 10 working days as to the status of the proposed
minor land development and declare whether the submission falls within
and is consistent with the criteria to establish a minor land development.
The decision of the staff may be appealed directly to the Board of
Supervisors upon written request by the applicant, in which case the
decision of the Board of Supervisors will be rendered at its next
regularly scheduled meeting and the staff shall notify the applicant
within 10 working days after the Board of Supervisor's action.
[Ord. 100-1995, 7/3/1995, § 20.9]
1.
A potential applicant for a planned development may request a conference
with the Planning Commission or the Zoning Officer for the purpose
of discussing or reviewing such proposed development and for obtaining
advice on the preparation of the preliminary plan.
2.
The preapplication conference shall not be regarded as a formal application
for the planned development. The filing of any report, sketch plan,
plat or map prior to or at such conference shall not constitute submission
of a plan or application for planned development nor shall such materials
be binding on subsequent submissions by the applicant.
3.
Any report, sketch plan, plat or map to be considered by the Planning
Commission at the preapplication conference shall be provided by the
potential applicant at a minimum of four copies. The Township Zoning
Officer shall distribute a copy of the same to the Township Planning
Commission and, if deemed necessary, to the Township Engineer at the
expense of the developer.
4.
The Planning Commission may, at its sole discretion, make or refuse
to make recommendations as the result of the preapplication conference.
Any recommendations made by the Planning Commission at or in response
to the preapplication conference shall not be binding upon the applicant
or upon the Planning Commission in its review of the plan after formal
application.
[Ord. 100-1995, 7/3/1995, § 20.10; as amended by
Ord. 2012-04, 5/7/2012]
1.
Initial Submission. The applicant or agent shall consult with the
Township Zoning Officer regarding the number of completed applications,
applicable required review fees, and number of copies of plans, narratives,
stormwater management plans and erosion and sediment plans required
to be submitted. The applicant or agent shall also consult with the
Township Zoning Officer regarding the requirement of electronic copies
and traffic study submissions.
2.
Second and Third Submissions (Planning Commission Meeting and Board
of Supervisors Meeting). The applicant or agent shall consult with
the Township Zoning Officer with regards to the number of full size
and the number of reduced (11 inches by 17 inches) copies of the most
currently updated version of the plan which shall be submitted prior
to the Planning Commission and Board of Supervisors meetings.
[Ord. 100-1995, 7/3/1995, § 20.11; as amended by
Ord. 2012-04, 5/7/2012]
1.
Distribution.
B.
Applicant or agent shall be responsible for distribution of initial
submission materials to:
(1)
Bellefonte Borough or Walker Township Water Authority (if plan
resides within area of service).
(2)
Centre County Conservation District (Erosion and Sediment Plan).
(3)
Spring-Benner-Walker Joint Authority.
(4)
Pennsylvania Department of Transportation (Traffic Impact Study).
(5)
Abutting Municipalities (as necessary).
(6)
Proof of publication, advertisement in a local newspaper for
all subdivision and land development plans not able to meet the criteria
to be reviewed as a combined preliminary/final plan.
C.
Second submission shall be distributed in the same manner as the
initial submission with the following addition: Township Zoning Officer
shall distribute reduced copies to Spring Township Planning Commission.
D.
Third submission shall be distributed in the same manner as the initial
submission with the following addition: Township Zoning Officer shall
distribute reduced copies of the plan to the Spring Township Board
of Supervisors.
2.
Review by the Township Planning Commission.
A.
At the next regular meeting following the receipt of the application
for preliminary approval, provided that such application was made
at least 27 days prior to the meeting or at a special meeting called
for that purpose, after receipt of the preliminary plan, the Planning
Commission shall review the plan to determine conformance with the
provisions contained in these regulations. Special meetings will be
held at the discretion of the Zoning Officer, if no meeting has been
scheduled within 30 days of the submitted month.
B.
The Planning Commission shall notify the Township Supervisors, in
writing, of any recommended action, changes or modifications to the
plan after such decision is made provided that the Planning Commission
shall make such recommendations within 60 days after the date the
application for preliminary approval was filed. The Planning Commission
shall not make recommendations on such application until reports from
the Centre County Planning Commission and the Township Engineer are
received or until expiration of 30 days from the date the plan was
forwarded to the Centre County Planning Office, whichever comes first.
C.
If review by the Township Planning Commission results in an unfavorable
recommendation because the requirements of this chapter have not been
met, notification to the Township Supervisors should specify the defects
found in the plan and describe the requirements that have not been
met and should cite the provisions of this chapter with respect to
such defects or requirements.
3.
Review by the Township Supervisors. Upon receipt of the recommendations
from the Township Planning Commission, and in no event later than
the time frame specified by law, the Supervisors shall review the
application for preliminary plan approval.
A.
The Supervisors shall review the plan and the written reports of
the Township Planning Commission, the Centre County Planning Office,
the Township Engineer, the Zoning Officer and the other reviewing
agencies to determine if the plan meets the provisions contained in
these regulations. Prior to approval of a preliminary plan for which
off-site sewer or water service is proposed, the Supervisors shall
require, as a condition of approval, that the applicant furnish written
confirmation from the appropriate bodies that such service is or will
be made available to the planned development.
B.
Approval or Denial.
(1)
The Supervisors within the time frame specified by law, following
the Planning Commission action or inaction shall, by official written
communication to the applicant, either:
(2)
The official written communication shall be certified by the
Zoning Officer of the Township and shall be filed at the zoning office.
C.
Where a planned development is projected to be developed over a period
of years, the Supervisors shall authorize submission and review of
the final plan by phases. In such case a schedule showing the proposed
times within which applications for final plan approval of each phase
of the planned development are intended to be filed shall be included
with the preliminary plan. The schedule shall be revised with each
final plan submission of the landowner or developer.
D.
Failure of the Supervisors to render a decision and communicate it
to the applicant within the time, and in the manner required herein,
shall be deemed an approval of the preliminary plan in terms as presented,
unless the applicant has agreed, in writing, to an extension of time
or change in the prescribed manner of presentation or communication
of the decision. In any case, failure to meet the extended time or
change in manner of presentation of communication shall have like
effect.
E.
Unless waived by Supervisors, an approved preliminary plan shall
be recorded in the office of the Recorder of Deeds of Centre County
or any successor office as designated by law.
F.
Preliminary approval shall not authorize construction or the issuance
of any building or zoning permit. However, in the case of a subdivision
of land, the preliminary approval may permit the developer to construct
the public improvements, only after the Township Engineer has approved
the plan.
[Ord. 100-1995, 7/3/1995, § 20.12; as amended by
Ord. 04-00, 3/6/2000, § 20.12; and by Ord. 2012-04, 5/7/2012]
1.
General Notes and Data.
A.
Name of the proposed development.
B.
Name and address of the owner and deed book/record book of source
of title. Name of developer and billing address, if different.
C.
Tax parcel number or numbers.
D.
Zoning district or districts.
F.
Current use of property.
G.
Proposed use of property.
H.
Name and address of the individual or firm preparing the plan.
I.
Narrative Statement. A written statement including the following
(as applicable):
(1)
A statement of the ownership of all the land included within
the development.
(2)
An explanation of the purpose of the subdivision or land development.
(3)
A statement describing any proposed innovative design concepts
included in the plan.
(4)
The substance of covenants, grants of easements or other proposed
restrictions to be imposed on the use of the land, buildings and structures,
including proposed easements or grants for public use or utilities.
(5)
A description of the form or organization proposed to own and
maintain the parkland and open space, recreational facilities and
structures or other facilities.
(6)
A statement of the proposed use and improvement of parkland
and open space, recreational facilities and stormwater facilities.
(7)
A description of proposals to preserve natural features and
existing amenities and a statement of conceptual landscaping designs.
(8)
A statement describing the stormwater management methods to
be employed.
J.
Number of required parking spaces (if required, show calculations).
K.
Development Schedule. When a development is proposed to be submitted
for final plan approval in phases over period of years, the following
shall be included with the application for preliminary approval:
L.
Density Information. A table shall be included on the plan, describing
each phase or section with quantitative data, including the following
information:
(1)
The total area of the development and approximate area of each
phase.
(2)
The total area devoted to uses, the approximate number of units,
the percentage of each type of use and the total floor area in the
development in each phase.
(3)
The area of streets, parking, sidewalks and walkways and the
total area paved and percent of area paved or covered by structures,
in the development and each phase or section.
(4)
The total acreage and percent of acreage in parkland and open
space in the development and each phase (if possible).
(5)
The total area devoted to planned recreational use throughout
the entire development and in each phase (if any).
(6)
The calculation of impervious surface in the development and
in each phase.
(7)
A reference of the narrative statement shall be made on the
proposed development plan.
2.
Graphic Information and Plan Content. The following information shall
be provided:
A.
North point, graphic scale, written scale.
B.
A key map showing the location of the proposed development, driveways,
roads and all major development within 2,500 feet therefrom at a scale
of one inch equals 1,000 feet.
D.
Natural Features.
(1)
Sinkholes, watercourses, depressions and wetlands.
(2)
Floodplain of the one-hundred-year flood elevation, also floodplaining
soils.
(4)
Topographic contour lines at vertical intervals of two feet
for land with average undisturbed slopes of 4% or less and at intervals
of five feet for land with average slopes exceeding 4%.
(5)
All large trees, tree masses and fence rows.
E.
Man-made Features (Existing).
(1)
Sewer lines, including laterals, size and material listed.
(2)
Water lines, including laterals, size and material listed.
(3)
Electrical lines and poles, surface and subsurface.
(4)
Culverts and bridges, type, size, materials and appropriate
slope listed.
(5)
All other utilities, including service entrances, size and materials
listed.
(6)
Railroads and railroad right-of-ways.
(7)
Buildings (existing and proposed).
(8)
Streets, including right-of-way, cartway widths, approximate
grades/berms or curbs and sidewalks, bike and walking paths.
(9)
Street names.
(10)
Off-street parking.
(11)
Lot lines and numbers, lot widths, bearings and distances and
square footage.
(12)
Conceptual stormwater plan.
(13)
Proposed location of street trees.
(14)
Land to be reserved for or dedicated for public use.
F.
Fire lanes.
G.
Outdoor storage facilities (dumpsters, raw material).
H.
Motor vehicle access.
I.
Transportation impact
report which reads as follows:
A Transportation Impact Report. This report shall be tailored
to fit the size and need of a proposed development. It is the intent
of the transportation impact report to show the actual conditions
and the effects this development will have on the surrounding areas.
It is highly recommended that the developer's engineer consult
with the Township staff prior to the start of the impact report to
determine the extent of the study, study area and size of the study
to be done (if any). They report must be prepared by a qualified professional
and include the following:
(a)
Analysis and description of existing conditions and traffic
volumes for the external road network serving the site. The external
road network to be studied shall be determined by the municipality
prior to the preliminary plan review.
(b)
A base condition analysis shall be prepared to establish existing
levels of service followed by analysis and description of projected
traffic conditions based on the land uses proposed within the development.
Trip generations rates for mornings and evening peak hours of the
project shall be prepared, as well as the internal/external trip distribution
and intersection analysis.
(c)
The analysis shall address the traffic impacts of the proposed
development along with surrounding traffic-generating land uses in
the area, including land use changes. The analysis will demonstrate
the adequacy of the area road network and identify access and improvement
to traffic control measures impacted by the proposed development and
surrounding land uses.
(d)
The analysis shall contain recommended internal and off-site
road improvements. These recommended improvements should be specific
as to location and scope of work required, along with a phased schedule
for possible implementation. Examples of additional items that should
be included in this section are:
(e)
Utilization of alternate modes of transportation shall be a
component of the traffic impact analysis. Evaluation of traffic mitigation
measures as they relate to public transportation and future site development
should also be addressed.
(f)
Revision of the traffic impact study based on major variations
(as defined in this chapter) to the approved preliminary plan shall
be required. This shall occur prior to the filing of an application
to amend the preliminary plan, following the procedures required herein
for preliminary plan approval.
J.
Signatures.
(1)
Signature and seal of a professional land surveyor who prepared
and/or supervised the preparation of the plan.
(2)
Signed, notarized statement by the landowner certifying ownership
of property.
(3)
Space for approval signatures by the Chairman, Vice Chairman
and Secretary of the Supervisors and Chairman and Secretary of the
Planning Commission, including the date of such approval.
(4)
Signed, notarized statement by the owner certifying ownership
of the property and acknowledging all offers of dedication of land
or facilities to the Township and acknowledging that the owner will
be responsible for maintenance of lands or facilities until they are
completed and accepted for dedication by the Township.
(5)
For all preliminary subdivision and land development plans,
include on plan a note stating, "Approval of this preliminary plan
shall not authorize construction or issuance of any building or zoning
permits."
[Ord. 100-1995, 7/3/1995, § 20.13; as amended by
Ord. 2012-04, 5/7/2012]
1.
A plan, including all the land in an approved preliminary plan or
a phase thereof according to an approved schedule for development
over a period of years, shall be officially submitted for final plan
review. All plans which have received preliminary plan approval shall
be entitled to final plan approval in accordance with the terms of
the approved preliminary plan for a period of five years from the
date of the preliminary plan approval.
A.
All applications for final approval of a plan shall be acted upon
by the Township within such time limits as established in this chapter
and the Pennsylvania Municipalities Planning Code, as amended. The
plan shall conform to that which received preliminary approval by
the Township Supervisors including all conditions and modifications
attached thereto.
(1)
In the case where subdivision and land development are projected
over a period of years, the Supervisors may authorize final review
of the plan by sections 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 final approved section or stage of development. In each such case,
prior to preliminary approval of the plan, the Supervisors and the
developer shall enter into a written agreement specifying the sequence
of development of sections or stages, the maximum time permitted the
developer for final submission of the plan for each such section and
any other such requirements or guaranties as are applicable to that
particular development. Where development is permitted in stages,
all improvements installed subsequent to the fifth anniversary of
preliminary approval of the plan shall conform to standards for such
improvements in effect at the time of installation of the same.
(2)
For the final official submission of the plan to the Township Supervisors, applicant shall consult with the Township Zoning Officer as per § 22-204 with regards to the number of copies of plans to be submitted. These plans shall fully comply with requirements detailed in § 22-205 of these regulations and the conditions for which the plan was recommended preliminary approval, plus financial security specified in Subsection 1C below, all offers of dedication and deeds of easement to the Township and all other required documents.
B.
Review by the Township Supervisors. Upon receipt of the material listed in Subsection 1A(2), the Township shall forward the plan to the Township Supervisors, Centre County Planning Office and the Township Engineer.
(1)
The review of the final plan shall be conducted by the Township
Supervisors in the same manner as prescribed for review of the preliminary
plan specified except that final review shall be limited to determining
if:
(2)
As a condition of approval, the applicant shall permit the Township
Engineer to make periodic site inspections of such nature and extent
as is necessary to ensure that the required improvements are being
installed and constructed in conformity with the design standards
contained herein or otherwise specified in the approval of the preliminary
plan. If the applicant has completed all of the required improvements,
he shall notify the Township Supervisors in writing, by certified
or registered mail, of the completion of the improvements and shall
send a copy thereof to the Township Engineer. The Supervisors thereby
direct and authorize the Township Engineer to make a final inspection
of all the aforesaid improvements after receipt of such notice. The
Township Engineer shall thereupon file a written report with the Supervisors
and shall promptly mail a copy of the same to the applicant by certified
or registered mail. The report shall be made and mailed within 30
days after receipt by the Township Engineer of the aforesaid authorization
from the Supervisors. The report shall be detailed and shall indicate
approval or rejection of said improvements, either in whole or in
part, and if the improvements or any portion thereof shall not be
approved or shall be rejected by the Township Engineer, the report
shall contain a statement of the reasons for such denial or rejection.
For subdivisions and land developments served by off-site sewer and
water service, the Township Engineer shall coordinate his review with
that of the appropriate authorities and/or companies providing such
service to ensure that the provisions of this chapter are met.
(a)
The Supervisors shall notify the applicant in writing, by certified
or registered mail, of action taken with relation to improvements.
(b)
If the Supervisors or the Township Engineer fails to comply
with the time limitation provisions contained herein, all improvements
will be deemed to have been approved and the applicant shall be released
from all liability pursuant to its performance guaranty bond or other
security agreement.
(c)
If any portion of the said improvements shall not be approved
or shall be rejected by the Supervisors, the applicant shall proceed
to complete the same and, upon completion, the same procedure of notification
as outlined herein shall be followed.
C.
[Reserved].
D.
Plans Containing Variations.
(1)
A minor variation, as defined in this chapter, shall not require
a revision of the preliminary plan, provided that the plan complies
with all other requirements of this chapter and other applicable ordinances.
(2)
In the event that the application for final plan approval contains
a major variation, as defined in this chapter, the Supervisors may
refuse to grant approval and shall so advise the landowner, in writing,
of said refusal, setting forth the major variations. In the event
of such refusal, the landowner may refile the final plan without the
major variations identified in such written notice or file an application
to amend the preliminary plan, following the procedures required herein
for preliminary plan approval.
[Ord. 100-1995, 7/3/1995, § 20.14; as amended by
Ord. 04-00, 3/6/2000, § 20.14; and by Ord. 2012-04, 5/7/2012]
1.
In addition to the required contents of the preliminary plan (as detailed in § 22-206), the following notes, data and information are also required on all final subdivision and land development plans:
B.
Graphic Information and Plan Content.
(1)
The date that the plan was prepared. Date and description of
revisions occurring after the initial submission.
(2)
Name of abutting property owners, tax parcel numbers, deed book
and page numbers and plat book and page numbers for abutting subdivisions
and land developments.
(3)
Fire hydrants, including location (all structures required to
be located within 500 feet of a fire hydrant).
(4)
Man-made Features (Proposed).
(a)
Sewer lines, including laterals, size and material listed.
(b)
Water lines, including laterals, size and material listed.
(c)
Electrical lines and poles, surface and subsurface.
(d)
Culverts and bridges, type, size, materials and appropriate
slope listed.
(e)
All other utilities, including service entrances, size and materials
listed.
(f)
Railroads.
(g)
Buildings (existing and proposed).
(h)
Streets, including right-of-way, cartway widths, approximate
grades/berms or curbs and sidewalks, bike and walking paths.
(i)
Street names and addresses.
(j)
Lot lines and numbers, lot widths, bearings and distances and
square footage.
(5)
Proposed Development.
(a)
Street information including:
1)
Location and width of right-of-way and cartway.
2)
Statement as to whether the street will remain private or be
dedicated to the Township.
3)
Profiles along center line of each proposed street, finished
grade at a scale of one inch equals 50 feet horizontal and one inch
equals five feet vertical.
4)
Radius of horizontal curves.
5)
Length of tangents between reverse curves.
6)
Curb radius at intersection.
7)
Vegetation to be planted between curb and shoulder right-of-way
line.
8)
Curbs and gutters, location and typical design.
10)
Typical cross section of roads proposed.
(b)
Lot lines to the nearest one-hundredth of a foot (two decimal
places) and areas of each lot to the nearest square foot to be subdivided,
leased or developed.
(c)
Location, width, grades, surfacing materials and ramps for the
handicapped of sidewalks, walkways and bike paths.
(d)
Location of streetlights and parking lot lights, including required
entrance lights.
(e)
Location and species of street trees and shade trees.
(f)
Open space and dedicated parkland, square footage/acreage and
proposed uses.
(g)
Location, total ground floor area, total area, height and use
of buildings and other structures.
(6)
All fire lanes, with approval signature block to be signed by
the local fire marshal (land development plans only).
(7)
(8)
Off-Street Parking (see Zoning Ordinance, Chapter 27).
(a)
Location of parking spaces, including setbacks.
(b)
Standards and information concerning the construction of parking
lots, including traffic control painting and line layout of spaces.
(c)
All handicapped spaces as required.
(d)
All curbing and raised islands.
(e)
Storm drainage facilities.
(g)
Location of all loading spaces required.
(h)
Information concerning the construction and landscaping of parking
lots, including section elevated plans and details of all landscaping
elements.
(9)
Buffer Yards (see Zoning Ordinance, Chapter 27). Location of all buffer yards required including plantings.
(10)
Grading Plan. A general grading plan showing any major alterations
to the topography of the site.
(11)
Stormwater Management Plan.
(a)
A stormwater management plan must be prepared in accordance with the Township Stormwater Management Ordinance [Chapter 26, Part 3]. However, at the developer's option a preliminary stormwater management plan may be presented and have the exceptions described below. If these exceptions are taken into the preliminary plan submission, no development shall occur until Township approval is obtained on a stormwater management plan that meets all requirements of the Stormwater Management Ordinance [Chapter 26, Part 3].
(b)
No other exceptions shall be taken on the preliminary stormwater
management plan without expressed written approval from the Township
Engineer.
(12)
Completion of Improvements or Guaranty Thereof Prerequisite
to Final Plan Approval.
(a)
In lieu of the completion of any improvements required as a
condition for the approval of the final plan, the Township Supervisors
shall provide for the deposit with the Township of financial security
in an amount sufficient to cover the costs of any 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. Without limitation as to other types
of financial security which the Township 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. Such financial
security shall be posted with a bonding company or Federal or Commonwealth
chartered lending institution chosen by the party posting the financial
security, provided that said bonding company or lending institution
is authorized to conduct such business within the Commonwealth. Such
bond or other security shall provide for and secure to the public
the completion of any improvements which may be required within one
year of the date fixed in the subdivision plat for completion of such
improvements. All improvements shall be completed within five years
from the date the plan received preliminary approval. Upon written
application signed by the obligator and surety of a performance guaranty
in a form approved by the Township Supervisors, the Board of Supervisors
may, at its discretion, extend said period, provided that satisfactory
security for the completion of the improvements that have been partially
completed, and reduce proportionally the amount of the bond other
form of security by formal resolution. The amount of financial security
shall be equal to 110% of the cost of the required improvements for
which financial security is to be posted.
(b)
The cost of the improvements shall be established by submission
to the Board of Supervisors of bona fide bid or bids from the contractor
or contractors chosen by the party posting the financial security
to complete the improvements or, in the absence of such bona fide
bids, the cost shall be established by estimate prepared by the developer's
engineer.
(c)
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.
(d)
In the case where development is projected over a period of
years, the Board of Supervisors may authorize submission of final
plans by sections 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 development.
(e)
As the work of installing the required improvements proceeds,
the party posting the financial security may request the Board of
Supervisors to release or authorize the release, from time to time,
of such portions of the financial security as are necessary for payment
to the contractor or contractors performing the work. Any such request
shall be in writing addressed to the Board of Supervisors and the
Board of Supervisors shall have 45 days from receipt of such request
within which to allow the Township Engineer to certify, in writing,
to the Board of Supervisors that such portion of the work upon the
improvements has been completed in accordance with the approved plat.
Upon such certification the Board of Supervisors shall authorize release
by the bonding company or lending institution of an amount as estimated
by the Township Engineer fairly representing the value of the improvements
completed or, if the Board of Supervisors fails to act within said
forty-five-day period, the Board of Supervisors shall be deemed to
have approved the release of funds as requested. The Board of 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.
[Ord. 100-1995, 7/3/1995, § 20.15; as amended by
Ord. 2012-04, 5/7/2012]
1.
After completion of the procedures required by these regulations
and after final approval by the Supervisors, all endorsements shall
be so indicated on the approved plan and on as many other copies of
the plan as may be desired by the Board of Supervisors. Upon meeting
all conditions of approval and signing of the plan by the Supervisors,
a record plan shall be recorded in the office of the Recorder of Deeds
of Centre County by the applicant within 90 days of such approval
and signing. Such recording shall be otherwise in conformity with
the Municipalities Planning Code. Within 10 days after the Recorder
of Deeds has properly recorded the subdivision or land development
plan, a copy of such shall be forwarded to the Township Secretary
by the applicant, including the endorsement of the Recorder of Deeds.
2.
All record plans shall meet the requirements of this chapter, as
amended, and shall be exact replicas of the final plan approved by
the Township Supervisors. Each plan sheet to be recorded shall have
a note on each of the plans as follows: "This record plan conforms
with the plan receiving final approval by the Spring Township Supervisors
on [date]. All improvements are or will be installed in accordance
with such plan in a manner and time so specified herein."
[Ord. 100-1995, 7/3/1995, § 20.16]
1.
The Township may require the applicant to deliver to the Township
Zoning Office a maintenance guaranty in an amount of 15% of the installation
cost of all required improvements to secure the structural integrity
and functioning of said improvements. Said guaranty shall be of the
same type as otherwise required in this section for installation of
such improvements and shall be for a period of 18 months after the
Township has accepted all such improvements. Submission for acceptance
of public improvements must be received by the Township no earlier
than July 15 nor later than August 15.
2.
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 Township, 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.
3.
In the event that any improvements which may have been required in
accordance with the approved final plans have not been installed,
the Township Supervisors may enforce any corporate bond or other security
by appropriate legal and equitable remedies as provided by § 511
of the Pennsylvania Municipalities Planning Code, as amended. If the
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 install part
of such improvements in all or part of the subdivision or land development
or cause the same to be installed and may institute appropriate legal
or equitable action to recover the moneys necessary to complete the
remainder of the improvements. All the proceeds, whether resulting
from the security or from any legal or equitable action brought against
the applicant, or both, shall be used solely for the installation
of the improvements covered by such security and not for any other
municipal purposes.
[Ord. 100-1995, 7/3/1995; as added by Ord. 2012-04, 5/7/2012]
1.
Lot additions, lot consolidations and lot line corrections shall
require a plan suitable for recording, prepared and certified by a
professional land surveyor.
2.
In order to facilitate a timely preparation, review and recording
of the above mentioned conditions, the following data will be required
on plans submitted.
A.
General Notes and Data.
(1)
Name of the proposed lot addition, lot consolidation or line
correction.
(2)
Name and address of owners.
(3)
Deed/Record book and source of title of the deeds conveying
property to the owner.
(4)
Tax parcel numbers of property and adjoining properties.
(5)
Zoning districts.
(6)
Required setbacks.
(7)
The name and address of the individual or firm preparing the
plan.
B.
Graphic Information and Plan Content.
(1)
North point arrow, graphic and written scale and legend describing
all symbols.
(2)
Key map drawn at one inch equals 1,000 feet.
(3)
Date of plan.
(4)
Names of abutting property owners, tax parcel numbers and deed
book and page.
(6)
Man-Made Features. Streets, including right-of-way and cartway
widths.
C.
Submission of Plan. Property owner or assigned agent shall provide
the following materials with the submission:
