Township of Ferguson, PA Part 3 PLAN REVIEW PROCEDURES

§ 22-301 General.

[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).

§ 22-302 Preapplication Conference.

[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.

§ 22-303 Review of Preliminary Plan.

[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.[1] 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.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

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[2]

[2] Editor's Note: This ordinance also redesignated former Subsection 2C, D and E as Subsection 2D, E and F.

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.

§ 22-304 Review of Final Plan.

[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[1] 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.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

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.

§ 22-305 Record Plan.

[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,[1] 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.[2] 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.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

[2] Editor's Note: See 53 P.S. § 10513.

§ 22-306 Minor Subdivision, Minor Alteration Plan, and Minor Land Development Plan.

[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).

(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:

1) § 22-401, Subsection 1C(1)(g);

2) § 22-401, Subsection 1C(1)(g).

(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.

§ 22-307 Lot Consolidation.

[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.

7) North point and scale.

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."

(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.

§ 22-308 Development Review Notice Signs.

[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[1]). The sign shall be made of aluminum with white reflective sheeting and the lettering and logo shall be royal blue.

[1] Editor's Note: Said exhibit is included as an attachment to this chapter.

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.

§ 22-309 Public Signs.

[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[1]). The sign shall be made of aluminum with white reflective sheeting and the lettering and logo shall be royal blue.

[1] Editor's Note: Said exhibit is included as an attachment to this chapter.

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.