[Ord. No. 1050, 11/18/2019; amended by Ord. No. 1076, 3/15/2022]
Proposed subdivision and land development plans shall be reviewed
by the Township Planning Commission and the Centre County Planning
Commission, or its designated agent, and shall be approved or not
approved by the Board of Supervisors in accordance with the procedures
specified in this chapter. Following the recommended preapplication
conference for sketch plan review, plans may be presented in two stages,
preliminary and final, or simultaneously as a preliminary/final plan.
If a plan is presented in one stage as a preliminary/final plan, then
the plan must meet both the preliminary plan requirements and final
plan requirements as if the plan were presented in two stages.
1. Fees for Review. The Board of Supervisors shall establish, by resolution,
a schedule of fees for application for development, for the Township's
review of the materials in connection therewith which are to be provided
to the Township under the provisions of this chapter including, but
not limited to, the payment of fees charged by the Township's
professional consultants for their review. Such fee schedule shall
be reproduced and made available upon request at the Township Building.
The resolution providing for the various fees shall be periodically
reviewed and amended, when necessary, by resolution of the Supervisors.
Any approval for the issuance of any permits under this chapter shall
be contingent upon payment of the proper fees as established by the
Township's Fee Schedule.
A. Disputed Review Fees. In the event the applicant disputes the amount
of any such review fees, the applicant shall, within 10 days of the
billing date, notify the Township that such fees are disputed, in
which case the Township shall not delay or disapprove a subdivision
or land development application due to the applicant's request
over disputed fees.
B. Review Fee Dispute Resolution. In the event that the Township and
the applicant cannot agree on the amount of review fees which are
reasonable and necessary, then the applicant and the Township shall
follow the procedure for dispute resolution set forth in the Municipalities
Planning Code (MPC) § 510(g), 53 P.S. § 10510(g).
[Ord. No. 1050, 11/18/2019]
1. A potential applicant for subdivision or land development, all or
part of which is situate in the Township, may request a preapplication
conference with the Planning Commission or its designated agent for
the purpose of discussing or reviewing such proposed subdivision or
land development.
2. The preapplication conference is strongly recommended, but shall
not be mandatory and shall not be regarded as formal application for
subdivision or land 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 land development or subdivision,
and the application package has been deemed complete by the Township
Planning and Zoning Department.
3. Any report, sketch plan, plat, or map to be considered by the Planning
Commission at such conference shall be provided by the potential applicant
in 10 copies and the Township Department of Planning and Zoning shall
distribute a copy of the same to the Township Planning Commission
and the Centre Regional Planning Commission for informational purposes
only.
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 Planning
Commission in its review of the plan after formal application.
[Ord. No. 1050, 11/18/2019]
1. All applications for approval of subdivision and land development
plans shall commence with the official submission of a plan and all
required supplementary data to the Township Department of Planning
and Zoning. All applications for preliminary review of a plan shall
be acted upon by the Township within such time limits as established
by the Pennsylvania Municipalities Planning Code. At any time during the review process the applicant may substitute an amended plan for that originally submitted solely for the purpose of correcting the original plan to the extent necessary to meet the requirements of this chapter. In the event that the applicant submits an amended plan to the Township, the owner or agent of the subject lot(s) must provide the Township with a written ninety-day time extension in a form to be supplied by the Township to review the plan. The 90 days will be measured from the date the revised plan is submitted to the Township. See §
22-303, Subsection 6D.
2. A plan shall be deemed to have been submitted for preliminary review
when the applicant has furnished to the Township Department of Planning
and Zoning the following documents:
A. One copy of a completed application for subdivision or land development,
plus payment of all application and escrow fees.
B. Seven black (or blue) on white full-size prints, one eleven-inch-by-seventeen-inch
copy and one digital copy of the plan which shall fully comply with
the provisions of this chapter.
[Amended by Ord. No. 1076, 3/15/2022]
C. One
digital copy of all submitted documents.
[Added by Ord. No. 1076, 3/15/2022
D. A copy of the completed planning module for land development as required
by the PA Department of Environmental Protection; if an on-site sewage
facility is planned, soil log and percolation test data shall be included
for each lot; and one fully completed copy of the subdivision sewage
disposal report.
E. Two prints of the required street cross-section drawings and street
profiles.
F. Two copies of all other information and plans required by this chapter
but not included on the documents listed above.
3. Upon receipt of the above, the Township Department of Planning and
Zoning shall forward, immediately, one copy of the plan to the following
reviewing agencies: the Township Solicitor; Centre Regional Planning
Agency; Centre Regional Planning Commission; Centre County Planning
Commission; the Township Engineer; the Township Tree Commission; Township
Arborist; and the Alpha Fire Company Chief. All written comments from
reviewing agencies are requested to be delivered to the Township within
14 days of receipt from the Township.
4. Review by the Township Planning Commission.
A. The Township Planning Commission shall review all applications and
make recommendation as to action or changes applicable to the submission.
B. The Planning Commission shall notify the Board of Supervisors, in
writing, of any recommended action or changes to the plan after such
decision is made. 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 Board of Supervisors
should specify the defects found in the plan and describe the requirements
which have not been met and should cite the provisions of this chapter
from which such defects or requirements originate.
5. Review by the County Planning Commission or its designee (Centre
Regional Planning Commission). A copy of the plan shall be forwarded
to the Centre County Office of Planning and Community Development.
The County Planning Commission or its designated agent may review
the plan to determine its conformance to the provisions contained
in these regulations. The Board of Supervisors shall take no official
action on such application until the county report is received or
until expiration of 30 days from the date the plan was forwarded to
the county, whichever comes first.
6. Review by the Board of Supervisors.
A. Upon receipt of the recommendations of the Planning Commission, the
plan shall be placed upon the agenda of the Board of Supervisors for
review at a regularly scheduled public meeting or, at the Board of
Supervisors discretion, at a special public meeting to be held for
the purpose.
B. The Board of Supervisors shall review the plan and the written reports
thereon of the Township Planning Commission and the Centre County
Planning Commission or its designee to determine if the plan meets
the provisions contained in this chapter. Before acting on any plan,
the Board of Supervisors may hold a public hearing thereon after public
notice. Prior to final review of a plan for which off-site sewer or
water service is proposed, the Board of Supervisors may require, as
part of preliminary approval, that the applicant furnish written confirmation
from the appropriate bodies that such service is and will be made
available to the site under review.
C. Authority. The Board of Supervisors shall act on all preliminary
applications.
[Amended by Ord. No. 1076, 3/15/2022
(1)
Decision Deadline. Not later than 90 days after the official
filing date, the Board of Supervisors shall render a decision on the
preliminary application. All decisions shall be made at a public meeting.
(2)
Extension of Deadline. The applicant may agree in writing to
an extension of time or change in the prescribed manner of presentation
of communication of the decision.
(3)
Actions. The Board of Supervisors shall take one of the following
actions:
(a)
Approve the preliminary application.
(b)
Approve the preliminary application with conditions.
(c)
Disapprove the preliminary application on the basis that it
does not comply with specific standards and regulations set forth
in this Code.
(4)
General Standards for Review of Preliminary Applications. The
Board of Supervisors shall approve the preliminary application if
the preliminary application complies with the standards and regulations
set forth in this chapter.
(5)
Notification of Decision. The decisions of the Board of Supervisors
shall be in writing and shall be communicated to the applicant personally
or mailed to the last known address not later than 15 days following
the decision. If the decision is disapproval, the written notification
shall specify all defects in the application and shall cite with section
numbers the provisions of this chapter of the Code that have not been
satisfied.
(6)
Effect of Approval. If the plan receive preliminary approval
by the Board of Supervisors, the action of the Board of Supervisors
shall be noted, together with the date of action and signature of
the Chair, Secretary, and Township Engineer, on two copies of the
plan. One copy of the plan shall be given to the applicant, while
the other copy shall be retained in the Township files. The preliminary
plan shall be entitled to the protections afforded by § 508(4)
of the MPC, 53 P.S. § 10508(4).
D. Failure of the Board of 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 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 of communication of the decision,
in which case failure to meet the extended time or change in manner
of presentation of communication shall have like effect.
[Ord. No. 1050, 11/18/2019]
1. A plan shall be officially submitted to the Township Department of
Planning and Zoning for final Township review after all improvements,
as defined by this chapter, indicated on the plan receiving preliminary
approval have been installed or, in lieu of the completion of the
improvements, after deposit with the Township of a corporate bond
or other security acceptable to the Board of Supervisors in accordance
with this chapter. All plans which have received preliminary approval
shall be entitled to final approval in accordance with the terms of
the approved preliminary application for a period of five years from
the date of the preliminary approval.
A. A plan shall be deemed to have been submitted for final review when
the applicant has furnished to the Township Department of Planning
and Zoning, the following documents:
[Added by Ord. No. 1076, 3/15/2022]
(1)
Seven black (or blue) on white full-size prints, one eleven-inch
by seventeen-inch copy and one digital copy of the plan which shall
fully comply with the provisions of this chapter.
(2)
Payment of all application and escrow fees.
2. All applications for final approval of a plan shall be acted upon
by the Township within such time limits as established in this chapter,
provided that the Board of Supervisors shall render its decision and
communicate it to the applicant not later than 90 days after the date
of the next regular meeting of the Planning Commission following the
date the completed application is filed or after a final order of
court remanding an application, provided that should the said next
regular meeting occur more than 30 days following the filing of the
application or the final order of the court, the said ninety-day period
shall be measured from the 30th day following the day the application
was filed. The plan shall conform to that which received preliminary
approval by the Board of Supervisors, including all conditions and
modifications attached thereto.
A. In the case where subdivision and land development are projected
over a period of years, the Board of Supervisors and the developer
shall enter into a written agreement specifying the sequence of development
of sections or stages and any other such requirements or guarantees
as are applicable to that particular development.
B. Final official submission of the plan to the Board of Supervisors
shall consist of 10 black (or blue) on white prints of the plan, which
shall fully comply with the regulations and the conditions for which
the plan received preliminary approval, plus financial surety specified
in this chapter, all offers of dedication and deeds of easements to
the Township and all other required documents.
3. Review by the Board of Supervisors.
A. Upon receipt of a complete plan, the Township Department of Planning
and Zoning shall forward one copy of the plan to the Township Solicitor;
Centre Regional Planning Agency; Centre Regional Planning Commission;
Centre County Planning Commission; the Township Engineer; the Township
Tree Commission; Township Arborist; and the Alpha Fire Company Chief.
B. The final review of the plan shall be conducted by the Board of Supervisors in the same manner as prescribed for preliminary review of the plan specified in §
22-303, Subsection
6, except that final review shall be limited to determining if a) the plan conforms to the plan which received preliminary approval, including all requirements and modifications granted by the Board of Supervisors and b) the requirements for final plan review have been met.
C. As a component 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 preliminary approval
of the plan. If the applicant has completed all of the required improvements,
the applicant shall notify the Board of Supervisors, in writing, by
certified or registered mail, of the completion of the improvements
and shall send a copy thereof to the Township. The Board of Supervisors
hereby directs and authorizes the Township Engineer to make a final
inspection of all the aforesaid improvements after receipt of such
notice. The Township Staff shall file a written report with the Board
of 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. The report shall be detailed and shall
indicate approval or rejection of said improvement, 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, the report shall
contain a statement of the reasons for such nonapproval or rejection.
For subdivisions and land developments served by off-site sewer and
water service, Township staff shall coordinate said review with that
of the appropriate authorities and/or companies providing such service
to ensure that the provisions of this chapter are met.
(1)
The Township staff shall notify the applicant, in writing, by
certified or registered mail, of action taken with relation to the
improvements.
(2)
If the Township 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.
(3)
If the Township shall not approve or shall reject any portion
of the said improvements, the applicant shall proceed to complete
the same and, upon completion, the same procedure of notification,
as outlined herein, shall be followed.
4. Corporate Bonds and Maintenance Guarantees.
A. In lieu of the completion of any improvements required as a condition
for final approval of the plan, the Board of Supervisors shall require
deposit of a corporate bond or other form of financial security, prior
to approval of the plan, in an amount sufficient to cover the costs
of any improvements which may be required. Such financial security
may include, among others, a lending institution letter of credit
or a restrictive or escrow account in a lending institution. Such
bond, or other security, shall provide for, and secure to the public,
the completion of any improvements which may be required within a
stated period which shall not be longer than five years from the date
the plan received preliminary approval. 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 of the improvements to
be estimated as of 90 days following the date scheduled for completion.
The basis for determination of cost of the improvements shall take
into account and be based upon the estimated costs as would be experienced
by the Township if it were to bid and complete the project subject
to the restrictions of the Home Rule Charter, any prevailing wage
requirements or other material and labor requirements on the Township.
Each year, the Board of Supervisors may adjust the amount of financial
security required by comparing the actual costs of improvements which
have been completed and the estimated costs for the completion of
the remaining improvements as of the expiration of 90 days after either
the original date scheduled for completion or a rescheduled date of
completion. Subsequent to such adjustment, the Board of Supervisors
may require the applicant to post additional security in order to
assure that the financial security equals 110%. Any additional securities
shall be posted by the applicant in accordance with the Municipalities
Planning Code and this Part 3. In determining the adjustment annually,
the Board of Supervisors shall take into account the restrictions
contained above. The amount of financial security required shall be
based upon an estimate of the cost of completion of the required improvements
submitted by the applicant and prepared by a professional engineer
licensed in the Commonwealth of Pennsylvania and certified by such
engineer to be a fair and reasonable estimate of such cost.
B. Upon final approval of the plan, if requested by the applicant and
in order to facilitate financing, the Board of Supervisors shall furnish
the applicant with a signed copy of a resolution indicating final
approval of the plan contingent upon the applicant obtaining satisfactory
financial security. The final plan shall not be signed nor recorded
until the appropriate financial security is supplied to the Township.
In such case, the motion passing the final approval of the plan shall
be contingent upon receipt of satisfactory financial security within
90 days of the date of the motion (unless a written extension is granted
by the Board of Supervisors). In the event that satisfactory financial
security is not provided within the said 90 days or within the time
granted by written extension by the Board of Supervisors, then the
motion granting the contingent approval shall expire and shall be
deemed to be revoked, and the contingency of the motion granting final
approval of the plan shall be deemed to be not satisfied.
C. Upon written application signed by the obligor and surety of a performance
guarantee in a form approved by the Board of Supervisors, the governing
body may at their discretion extend said period, provided that satisfactory
security for the completion of the improvements within the extended
time is provided, or when the improvements have been partially completed
reduce proportionally the amount of the bond or other form of security
by formal resolution.
D. In the event that any improvements which may have been required in
accordance with the finally approved plan have not been installed,
the Board of Supervisors may enforce any corporate bond or other security
by appropriate legal and equitable remedies. 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
the said security, the Board of 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 monies 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 purpose.
E. Release from the bond or other security shall be granted by the Board of Supervisors contingent upon review and report by the Township Engineer in accordance with procedures outlined in Subsection
3 of §
22-304, above.
F. Prior to final approval of a plan by the Township, the Board of Supervisors
may require the applicant to deliver to the Township Secretary a maintenance
guarantee in an amount of not less than 15% of the estimate of the
cost of all required improvements, guaranteeing that the applicant
shall maintain all such improvements in good condition for a period
of one year after completion of construction and installation of all
such improvements.
5. Payment of Review and Professional Consultant's Fees. The applicant
shall pay all review fees, including fees for professional consultants
and engineers for review and reports which were requested by the Township,
either in the normal course of review or as a result of a problem
or issue arising out of the normal review. All fees to be paid shall
be based upon a fee schedule established by resolution by the Board
of Supervisors.
6. Prior to receiving final signature, all subdivision and land development
plans must be submitted to the Township in digital format. The data
shall be in a format readily compatible (i.e., without conversion)
with the Township's geographical information system (GIS) software
and shall provide a true and complete display of the subdivision or
land development plan, in correct geographic location, configured
in appropriate layers as specified by the Township.
[Ord. No. 1050, 11/18/2019]
After completion of the procedures required by this Part 3 and
after final approval of a plan by the Board of 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 Township. Upon approval and signing
of the plan by the Board of Supervisors as required by the Municipalities
Planning Code, the record plan and the plan containing the approval signatures
shall be recorded in the office of the Recorder of Deeds of Centre
County by the applicant within 90 days of such final approval or 90
days after the date of delivery of an approved plat signed by the
governing body, whichever is later. Such recording shall be otherwise
in conformity with § 513 of the Municipalities Planning
Code, as amended. Within 10 days after the Recorder of Deeds has properly
recorded the plan, a copy of such, including the endorsement of the
Recorder of Deeds, shall be forwarded by the applicant to the Township
Secretary. Upon the plan's recording, the applicant shall submit a
digital file of the signed, recorded plan to the Township.
[Ord. No. 1050, 11/18/2019; as amended by Ord. No.
1076, 3/15/2022]
1. Minor Subdivision. Applicants are required to apply for and receive
a minor subdivision approval from the Township in accordance with
the following criteria:
A. Recommendations and Approvals.
(1)
A minor subdivision plan shall meet both the preliminary plan
requirements and final plan requirements as if the plan were presented
in two stages.
(2) Application requirements as shown on the Subdivision and/or Land
Development Requirements Table shall be submitted for all minor subdivisions.
(3)
The Township staff shall review and forward an application to
the Planning Commission regarding minor subdivision. Township staff
comment resulting from said review shall accompany the application
forwarded.
(4)
The Planning Commission shall recommend application approval,
approval subject to conditions, or denial to the Township Board of
Supervisors regarding minor subdivision.
(5)
The Township Board of Supervisors shall be responsible for approving
or denying minor land developments.
B. Conferences. A preapplication conference is highly recommended with
the Township prior to the submission of a final application.
C. Applicants are required to provide an escrow fee for plan review
and legal opinion of the Township Solicitor.
2. Minor Alteration Plan.
A. Minor alterations to a previously issued zoning permit may be made
by the applicant submitting a revised application and land development
plan, if applicable, to the Zoning Administrator for approval.
B. An alteration to a zoning permit and land development plan, if applicable,
shall be considered minor if:
(1)
The building coverage will be increased or decreased by no more
than 10%.
(2)
The impervious coverage will be increased by not more than 10%.
(3)
The change in use will not increase the parking requirements.
(4)
The stormwater management controls will not be changed.
(5)
Any motor vehicle access to the property will not be added,
deleted or relocated by more than 50% of its width.
(6)
The location for the construction of proposed structures from
an approved plan will not be changed by more than 10% of the ground
floor area.
(7)
All landscaping alterations are permitted if in compliance with §
22-516, Landscaping.
C. The revised minor alteration plan shall be a full-size copy of the
latest recorded land development plan with the appropriate changes
as required below:
(1)
Clear delineation of all proposed changes to the previously
approved land development plan.
(2)
Revision of the existing plan notes to accurately reflect the
current plan information.
(3)
Removal or strike-out of all previously executed signature blocks
that are no longer applicable, including any signatures or certifications
that were not specifically obtained in relation to the proposed change(s).
(4)
Provision of new notarized signatures of all landowners affected
by the proposed change(s) and any certifications necessitated by these
changes.
(5)
Provision of the following note:
This minor alteration plan revises the plan recorded in the Centre County Recorder's Office in Plat Book_____, Page_____, only in the manner identified herein. Such alteration(s) do(es) not meet the definition of subdivision or land development [Chapter 22] and is/are therefore exempted from the approval process set forth in Chapter 22 of the Ferguson Township Code of Ordinances. This represents a true and correct copy of the approved plan as of _____ (date).
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(6)
Submission of sufficient documentation to demonstrate compliance
with the minor alteration criteria set forth in this chapter.
D. An applicant/landowner shall be permitted to file more than one minor alteration plan to a previously issued zoning permit or land development plan based on the following subsections of §
22-306:2B(3) and (7).
E. Process. All applications for approval of a minor alteration plan
shall commence with the official submission of a plan and all required
supplementary data to the Township Department of Planning and Zoning.
(1)
A plan shall be deemed submitted for review when the applicant
has submitted to the Township Department of Planning and Zoning the
following documents, and the application package is deemed complete
by the Township Planning and Zoning Department:
(a)
One copy of a completed application for subdivision or land development [Chapter
22], plus payment of all application fees.
(b)
Three prints of the plan which comply with the above regulations.
(c)
Upon receipt of the above, the Township Department of Planning
and Zoning shall forward, immediately, one copy of the plan to the
Centre Region and Centre County Planning Commissions as required by
the MPC.
(2)
Review. The copy of the plan forwarded to the Centre County
Planning Commission (or its designee) shall be reviewed to determine
its conformance with these regulations. The Township shall take no
official action on the application until this review is received or
until expiration of 45 days from the date the plan was forwarded,
whichever comes first.
(a)
Upon receipt of the recommendation of the Centre County and/or
Centre Region Planning Commission(s) or upon the expiration of the
45 days, if the plan is in conformance with the above regulations,
the Zoning Administrator will sign a plotted version of the plan at
the applicable scale.
(b)
Prior to returning the signed plan to the applicant, the plan
must be provided to the Township in digital format. The data shall
be in a format readily compatible with the Township's geographical
information system (GIS) software and shall provide a true and complete
display of the minor alteration plan. The specific requirements for
submission are outlined in a resolution adopted by the Board of Supervisors.
(c)
Within 90 days of the execution of the Mylar by the Zoning Administrator,
the minor alteration plan shall be recorded in the office of the Recorder
of Deeds of Centre County by the applicant. Such recording shall be
otherwise in conformity with § 513 of the Municipalities
Planning Code, 53 P.S. § 10513, as amended.
(d)
Within 10 days after the Recorder of Deeds has properly recorded
the plan, a copy of such, including the endorsement of the Recorder
of Deeds, shall be forwarded by the applicant to the Township Secretary.
A zoning permit will not be issued until the Township is in receipt
of the record copy of the plan.
3. Minor Land Development Plan.
A. A Minor Land Development Plan may be permitted where it can be demonstrated that the initial or cumulative impact of the activity or improvement will not result in the need for plan approvals typically associated with a land development plan approval process. Applicants undertaking a minor land development plan as defined in §
22-202, Definitions, may submit a preliminary/final plan in one stage following a pre-application conference with Township staff, as per §
22-302 and in accordance with the following requirements.
(1)
A minor land development plan shall meet both the preliminary
plan requirements and final plan requirements as if the plan were
presented in two stages.
(2)
Application requirements as shown on the Subdivision and/or
Land Development Requirements Table shall be submitted for all minor
land developments.
(3)
Township staff shall review and forward an application to the
Planning Commission regarding minor land developments. Township staff
comment resulting from said review shall accompany the application
forwarded.
(4)
Proposed single-family residential structures that require a
minor land development plan shall be reviewed by Township staff and
included on the consent agenda of the Board of Supervisors to approve
or deny the plan.
(a)
The following sections are not applicable to minor land development
plans for single-family residential structures:
(5)
The Planning Commission shall recommend application approval,
approval subject to conditions, or denial to the Township Board of
Supervisors regarding the minor land development.
(6)
The Township Board of Supervisors shall be responsible for approving
or denying minor land developments.
(7)
Applicants are required to provide an escrow fee for plan review
and legal opinion of the Township Solicitor.
[Ord. No. 1050, 11/18/2019]
1. Any person who desires to consolidate lots shall be required to consolidate such lots in the manner set forth herein. No lots may be consolidated unless the legal or equitable title of all such lots is held in common ownership. No lot consolidation shall be permitted which would, by reason thereof, create a violation or nonconformity of Chapter
27, Zoning. No lot consolidation shall be permitted unless and until all persons having any proprietary interest in any of the land comprising the lots to be consolidated have consented, in writing, to such consolidation and presented a required affidavit with proposed deed language. The term "proprietary interest" shall include, but not be limited to, legal or beneficial owner, optionee, purchaser, lessee and mortgagee.
A. Procedures and Data.
(1)
Any person wishing to consolidate lots shall furnish to the
Township Zoning Administrator the following:
(a)
A written application, under oath, requesting such lot consolidation
and setting forth the nature of the proprietary interest, and the
identity of all persons having a proprietary interest in the lots
to be consolidated.
(b)
The consent, in writing, acknowledging all persons having a
proprietary interest in the lots to be consolidated.
(c)
A perimeter metes and bounds description of the consolidated
area, including a document or deed of conveyance, describing the area
as consolidated, which shall be recorded in office of the Recorder
of Deeds of Centre County within 90 days of final approval of the
lot consolidation.
(d)
One reproducible drawing, with a scale not less than one inch
equals 100 feet (one inch equals 100 feet), which shall show the following:
1)
Bearings and distance of all property lines to remain.
2)
All property lines to be removed.
3)
Location, purpose and width of all easements.
4)
Location, size and type of all utilities on and adjacent to
the site.
5)
Minimum building setback lines.
6)
Location and use of all existing structures.
8)
Appropriate space for signature of the Zoning Administrator
and the Recorder of Deeds of Centre County.
9)
Signature and seal of a professional land surveyor, as affixed
to a statement as follows:
"I, _____, a professional land surveyor in the Commonwealth
of Pennsylvania, do hereby certify that the plan correctly represents
the tract of land shown."
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(2)
The Township Zoning Administrator shall have the right to request
additional information and/or evidence relative to those persons having
any proprietary interest in the lots to be consolidated, including
copies of documents.
(3)
Upon receipt of an application for lot consolidation and other
required materials, the Zoning Administrator shall refer such material
to the Township Engineer for review and comment.
(4)
The Zoning Administrator shall contact the applicant, by certified
mail, and inform the applicant of any omissions in the application.
The applicant shall make any necessary revisions before approval.
(5)
Upon determining that an application for lot consolidation complies
with all ordinance requirements, the Township Zoning Administrator
shall approve the same, in writing.
(6)
All lot consolidations shall be permanently retained in a separate
file for such purposes in the office of Ferguson Township, including
the original application, consent and a copy of the original plan
or plans.
(7)
After final approval, the applicant shall record the plan and
the document or deed of conveyance in the office of the Recorder of
Deeds of Centre County within 90 days of the date of final approval
and shall furnish the Zoning Administrator with a copy of such plan
and document or deed of conveyance with the recording data thereon.
(8)
The Zoning Administrator shall submit to the Secretary of the
Township, the Secretary of the Planning Commission and to the Director
of the Centre Regional Planning Commission a report, in writing, listing
all applications for lot consolidation approved by him in the proceeding
30 calendar days. Said report shall include, but not be limited to,
the address, ownership and number of lots for all approved lot consolidation
applications.
B. Effect of Lot Consolidation. After approval of any lot consolidation,
the resulting single lot from such consolidation shall be thereafter
a single lot and may not be thereafter replotted or resubdivided without
following procedures of this chapter of the Code of Ferguson Township.
[Ord. No. 1050, 11/18/2019]
1. Intent. The intent of this section is to provide notice to adjacent
property owners and the general public of a pending subdivision, site
plan, land development plan or PRD development or final plan review
by the Township. The sign will have the phone number of the Township
so that persons may call to inquire about the status of a pending
development review. With this type of notification, the Township hopes
to involve interested parties and obtain input earlier in the plan
review process.
2. Notice Requirement. The applicant or applicant's agent (hereinafter
referred to as "applicant") shall be responsible for placement of
a development review notice sign on the affected property in accordance
with the following regulations:
A. Timing. Within 10 days of submitting a subdivision, land development,
or PRD plan to the Township, the applicant shall place a development
review sign on the property in accordance with the location requirements
below.
B. Location. One sign shall be placed every 1,000 feet, or portion thereof,
along each side of the property which abuts a public right-of-way.
The sign shall be placed near the property line, but not within the
right-of-way. The sign shall be placed so it does not impede traffic
visibility but can be seen by passing motorists and pedestrians within
the public right-of-way.
C. Proof. Upon placement of the sign and within 10 days of submitting
a subdivision or land development plan, the applicant shall submit
a certificate of installation to the Township, which identifies the
following information:
(1)
Date of development review notice sign installation.
(2)
Sketch of development review notice sign placement.
(3)
Signed statement by the applicant certifying that the sign(s)
was placed in accordance with Township standards. The plan will not
be placed on the Planning Commission agenda until proof that the sign
has been posted has been received by the Township.
D. Sign Rental. A development review notice sign, post and anchor may
be rented from the Township for a nonrefundable fee in accordance
with the Township's fee schedule. The applicant also has the option
of having signs made in accordance with the sign design standards
set forth below.
E. Sign Removal. A development review notice sign shall be removed from
the property within seven days of receiving conditional plan approval
from the Board of Supervisors. If a sign is rented from the Township,
an original approved plan with signatures will not be released until
the rental sign, post and anchor are returned to the Township in good
condition. If the sign is supplied by the applicant or applicant's
agent, an original approved plan with signatures will not be released
until the sign is removed from the property as verified by the Zoning
Administrator.
F. Sign Design. The development review sign shall be 30 inches wide,
48 inches high, and shall have the following wording in three- and
four-inch lettering: DEVELOPMENT PROPOSAL UNDER REVIEW, (TOWNSHIP
LOGO) FERGUSON TOWNSHIP, CALL 238-4651 (see attached exhibit for specifications). The sign shall be made of aluminum with white reflective
sheeting and the lettering and logo shall be royal blue.
G. Sign Mounting. The sign shall be mounted so that the bottom of the
sign is between five and six feet from ground level. The sign may
be mounted on a four-pound lap-splice post with standard anchor or
on a four-inch by four-inch wood post. If using a wood post, the post
must be buried a minimum of 30 inches in the ground. If the area where
a sign must be mounted is a hard surface and a post cannot be placed
in the ground, the applicant or applicant's agent shall confer with
the Township Zoning Administrator to determine a feasible way to post
the sign and meet the intent of this section. The sign, when mounted,
shall not be obstructed by landscaping.
H. Mapping. The Township shall be responsible for keeping an up-to-date
map of the development proposals under review. This map shall be on
display and available for review on the Township website. The map
shall identify the location, name and type of development proposal
under review.
[Ord. No. 1050, 11/18/2019]
1. Intent. The intent of this section is to provide notice to adjacent
property owners and the general public of a pending right-of-way or
land acquisition by the Township for a public facility, such as a
roadway, bikeway, trail, park or structure. The sign will have the
phone number of the Township so that persons may call to inquire about
the status of the acquisition. With this type of notification, the
Township hopes to involve interested parties and obtain input earlier
in the plan review process.
2. Notice Requirement. Township staff shall be responsible for placement
of a public sign on the affected property in accordance with the following
regulations:
A. Timing. A public sign shall be posted on the affected property a
minimum of seven days prior to the meeting when the Board of Supervisors
will vote on the proposed right-of-way or land acquisition. The sign
shall be posted on the property in accordance with the location requirements
below.
B. Location. One sign shall be posted at the beginning and terminus
of the project area and at appropriate intersecting locations where
the sign will be informative to the general public. The sign shall
be placed so it does not impede traffic visibility, but can be seen
by passing motorists and pedestrians within the public right-of-way.
C. Sign Design. The public sign shall be 30 inches wide, 48 inches high,
and shall have the following wording in three- and four-inch lettering:
TOWNSHIP PROJECT PROPOSED, (TOWNSHIP LOGO) FERGUSON TOWNSHIP, CALL
238-4651 (see attached exhibit for specifications). The sign shall be made of aluminum with white reflective
sheeting and the lettering and logo shall be royal blue.
D. Sign Mounting. The sign shall be mounted so that the bottom of the
sign is between five and six feet from ground level. The sign may
be mounted on a four-pound lap-splice post with standard anchor or
on a four-inch by four-inch wood post. If using a wood post, the post
must be buried a minimum of 30 inches in the ground. The sign, when
mounted, shall not be obstructed by landscaping.
E. Mapping. The Township shall be responsible for keeping an up-to-date
map of the right-of-way or land acquisitions under review. This map
shall be available for review on the Township website. The map shall
identify the location, name and type of acquisition under review.