At the developer's option, the developer may
submit a preapplication sketch plan and/or letter of intent for Planning
Commission and Board of Supervisors informal comments. The developer
is not obligated to make this submission. If the developer makes this
submission, neither the Planning Commission nor the Board of Supervisors
is obligated to make comments.
A.
The developer shall submit 21 complete sets of twenty-four-inch
by thirty-six-inch paper plans, seven sets of all supporting documents,
one complete set of eleven-inch by seventeen-inch paper plans and
one CD, clearly labeled with the project name and title and submission
date containing all pertinent portable document format (PDF) files,
or equivalent, to the Township Secretary-Treasurer accompanied by
an application for approval. The application shall note and include
a receipt indicating that the appropriate fees have been paid to Hanover
Township, Northampton County. The application and preliminary plan
will be received by the Township, date of receipt noted, and promptly
transmitted to the Planning Commission for review.
[Amended 10-11-2005 by Ord. No. 05-11]
B.
The developer shall also forward a copy of the preliminary
plan to the Lehigh Valley Planning Commission for review in accordance
with procedures described in the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10502.[1]
C.
All applications for subdivision and land development
shall be processed in accordance with the Pennsylvania Municipalities
Planning Code, as amended.
D.
If the Township approves the preliminary plan subject
to conditions, the developer shall, at the time the Township approves
the preliminary plan subject to conditions, either accept or reject
said conditions, in writing. Failure of the developer to provide the
written acceptance or rejection of conditions at the time of the Township's
approval, will result in automatic recession of the Township's approval.
If the Township approves the preliminary plan, and the developer provides
the aforementioned acceptance of conditions, the Township Secretary-Treasurer
will so certify thereon. At least one certified copy is to be retained
in the Township file for certification referral, and under no circumstances,
shall be altered, revised or defaced.
E.
Approval of the preliminary plan will be subject to such additions, changes or modifications therein as may be determined by the Board of Supervisors as necessary to insure public safety or convenience, provided however, that the developer accepts such additions, changes or modifications, in writing, as more fully described in Subsection D of this section. The developer shall furnish a revised preliminary plan for certification when required by the Township. Such plan shall supersede all previously dated prints and tracings.
F.
Prior to any construction of improvements called for
by preliminary plan approval, the developer shall enter into an inspection
agreement with the Township, insuring the proper inspections of all
improvements.
G.
A developer shall have one year from the date that
the application for preliminary plan was filed with the Township to
secure preliminary plan approval from the Board of Supervisors. The
one-year time period shall include the period of time necessary to
satisfy any conditions imposed by the Board of Supervisors as part
of the preliminary plan approval. In the event the developer does
not secure preliminary plan approval within the one-year time period
described above, the preliminary plan shall be subject to disapproval
by the Board of Supervisors.
A.
A record plan will be approved by the Township when the required improvements have been installed in strict accordance with the certified preliminary plan and Township standards and specifications, or the Township is assured by means of a proper completion guarantee in the form of security acceptable to the Township and as specifically detailed in § 159-30D(5) of this chapter and the Pennsylvania Municipalities Planning Code, as amended. In no event shall a building permit and/or occupancy permit be issued, or a lot conveyed or transferred, without prior certification by the Township Secretary-Treasurer that the developer has met all of the conditions of record plan approval. In addition, the Township Secretary-Treasurer shall, when requested by a developer, in writing, furnish the developer with a signed copy of a resolution indicating approval of the final plot contingent solely on the developer obtaining and providing the Township with satisfactory financial security. The resolution aforementioned shall expire and be deemed to be revoked if the security is not provided and an improvements agreement is not executed within 90 days of the date of the resolution, unless a written extension is granted by the Township after a written request by the developer.
B.
Record plans shall be submitted in 10 sets of twenty-four-inch
by thirty-six-inch paper plans, one set of eleven-inch by seventeen-inch
paper plans, two sets of twenty-four-inch by thirty-six-inch Mylar
reproducibles, or equivalent, and one CD, clearly labeled with the
project name and title and submission date, containing all pertinent
PDF files, or equivalent, to the Township Secretary-Treasurer, accompanied
by an application for approval.
[Amended 10-11-2005 by Ord. No. 05-11]
C.
Upon approval of the record plan, the Township Engineer
shall sign all copies, certifying that the record plan conforms with
the approved preliminary plan and that the improvements have been
installed or guaranteed; the Township Secretary-Treasurer shall sign
all copies certifying that the record plan was approved by the Board
of Supervisors on the date shown. Two signed paper copies will be
given the developer. One certified paper copy is to be recorded in
the office of the Recorder of Deeds of Northampton County. Recording
data shall be entered on the reproducible copy retained in the Township
file. The developer shall recognize a time limit of 90 days in the
processing and recording of the approved record plan. The record plan
shall be construed as representing the final "as built" development.
A copy of the record plan shall be furnished by the developer to the
Lehigh Valley Planning Commission for its file.
[Amended 2-12-2002 by Ord. No. 02-01]
D.
A developer shall have one year from the date that
the preliminary plan was approved by the Board of Supervisors (with
or without conditions), or the date that the application for record
plan was filed with the Township, whichever occurs first, to secure
record plan approval from the Board of Supervisors. The one-year time
period shall include the period of time necessary to satisfy any conditions
imposed by the Board of Supervisors as part of the record plan approval.
In the event that the developer does not secure record plan approval
within the one-year time period described above, the record plan shall
be subject to disapproval by the Board of Supervisors.
E.
Upon final approval and recording of the record plan,
and prior to beginning construction, the developer/owner shall submit
two CDs, each one containing all pertinent PDF files, or equivalent,
to the Township Secretary-Treasurer. The CDs shall be clearly labeled
"As Recorded" with the project name and title and the date the plans
were approved by the Board of Supervisors.
[Added 10-11-2005 by Ord. No. 05-11]
A.
A lot location plan shall be submitted in 10 copies
of twenty-four-inch by thirty-six-inch paper plans, one copy of eleven-inch
by seventeen-inch paper plans, two copies of twenty-four-inch by thirty-six-inch
Mylar reproducibles, or equivalent, and one CD containing all pertinent
PDF files, or equivalent, to the Township Secretary-Treasurer accompanied
by an application for approval. The application shall note and include
a receipt indicating that the appropriate fees have been paid to Hanover
Township, Northampton County. The application and lot location plan
will be received by the Board of Supervisors, date of receipt noted
and promptly transmitted to the Planning Commission for review.
[Amended 10-11-2005 by Ord. No. 05-11]
B.
The Township shall process a lot location plan in
a similar manner to a preliminary plan.
C.
Upon approval of the lot location plan, the Township
Secretary-Treasurer and Chairman will sign all copies and certify
that it was approved on the date shown. Two certified paper copies
will be returned to the developer. The certified reproducible copy
shall be retained in the Township file for certification referral,
and under no circumstances, shall be altered, revised or defaced without
resubmittal. In no case shall a building permit be issued without
prior certification of the lot location plan for any lot shown thereon.
D.
One certified copy is to be recorded in the Office
of the Recorder of Deeds of Northampton County. Recording data shall
be entered on the reproducible copy retained in the Township file.
The record Plan shall be construed as representing the final "as built"
development. A copy of the record plan shall be furnished by the developer
to the Lehigh Valley Planning Commission for its file.
[Amended 2-12-2002 by Ord. No. 02-01]
E.
Upon final approval and recording of the lot location
plan, the developer/owner shall submit two CDs, each one containing
all pertinent PDF files, or equivalent, to the Township Secretary-Treasurer.
The CDs shall be clearly labeled with the project name and title and
the date the plans were approved by the Board of Supervisors.
[Added 10-11-2005 by Ord. No. 05-11]
The developer will be required to pay the following
fees and costs, and will be required to comply with the following
procedures during the application phases and construction phases of
his proposal:
A.
Filing. Fees are to be set by resolution of the Board
of Supervisors and placed in the Township office.
B.
Recording. The actual cost of recording a record plan.
C.
Material tests. The actual cost of any material tests.
D.
Inspections. All improvements and utilities will be
inspected by the Township Engineer to insure satisfactory completion
and maintenance.
(1)
The cost of all inspections of improvements by the
Township Engineer shall be reimbursed by the developer to the Township
and shall be based on a schedule of fees established by resolution
of the Board of Supervisors, from time to time. Such fees shall not
exceed the rate charged by the Township Engineer to the Township when
fees are not reimbursed or otherwise imposed on developers. In the
event of disputes regarding reimbursement of fees, the provisions
of the Pennsylvania Municipalities Planning Code, as amended, shall
prevail.
(2)
In no case shall any construction work be done without
notifying the Township Engineer. At least three working days' notice
shall be given to the Township Engineer prior to any such construction,
so that a representative of the Township Engineer may be present at
the time the work is to be done, if deemed necessary.
(3)
The Township Engineer shall be notified after each
of the following phases of the work has been completed, so that he
or his representative may inspect the work:
(a)
Grading of rights-of-way.
(b)
Setting form of crosswalks and sidewalks.
(c)
Preparation of road subgrade.
(d)
Setting curb and/or gutter forms.
(e)
Road paving, after each coat, in the case of
priming and sealing.
(f)
Installation of drainage pipe and other drainage
structures and before backfilling.
(g)
Installation of sanitary sewer laterals, submains,
mains and appurtenances before backfilling and treatment plants before
activating.
(h)
Installation of water and sewer submains, laterals
and appurtenances before backfilling and wells and pumping storage
facilities before activating.
(4)
Final inspection. Upon receipt of notice of completion
from the developer, the Township shall request the Township Engineer
to conduct a final inspection of all improvements and utilities to
determine whether the work is satisfactory and in substantial compliance
with the approved record plan drawings and specifications. The general
condition of the site shall also be considered.
(5)
Maintenance inspection. A maintenance inspection of
all the improvements and utilities will be made by the Township Engineer
to determine whether the improvements have been constructed to acceptable
standards of workmanship, with acceptable materials and maintained
to withstand reasonable use.
(a)
The maintenance inspection shall take place
no sooner than six months or no later than three months prior to the
date of the release of the maintenance security by the Township. The
Township Engineer shall report his findings in writing to the Township
Board of Supervisors and to the developer.
(b)
The developer shall be notified by certified
letter, return receipt requested, of all required improvements which
fail to pass the maintenance inspection of the Township Engineer.
All such improvements shall be repaired by the developer to specifications
acceptable to the Township within 60 days of such notification by
the Township.
(c)
All such repairs shall be performed and inspected
in accordance with the above requirements.
(d)
An extension of time to repair improvements
may be granted by the Township upon written request of the developer.
E.
Required improvements and dedications. The following
improvements shall be constructed by the developer and dedicated without
cost to the Township as required by this chapter and/or as stipulated
in the subdivision improvements agreement and in a manner approved
by the Township consistent with sound construction methods:
(2)
Street or road surfacing.
(3)
Curbs and gutters.
(4)
Sidewalks, crosswalks and pathways.
(5)
Underground facilities for electric, telephone and
television cable lines.
(6)
Storm sewers and drainage facilities.
(7)
Sanitary sewer system, including but not limited to,
sanitary sewer laterals, submains, mains and package treatment plant.
(8)
Water supply and distribution system, including but
not limited to, wells, pumping equipment, water laterals and submains.
(9)
Street name signs at all street intersections.
(10)
Permanent monuments.
(11)
Fire hydrants.
(12)
Trees and landscaping.
(13)
Open space and/or recreation areas.
F.
Agreement or contract. No record plan or final plat
of a subdivision or land development area shall be signed nor recorded
until the developer has submitted an executed subdivision improvements
agreement, approved by the Township, agreeing to construct the required
improvements as shown on the record plan, and until the developer
has submitted an executed subdivision maintenance agreement approved
by the Township agreeing to maintain the required improvements for
a period of not less than 18 months after final inspection by the
Township Engineer and accepted by the Township.
(1)
Performance security. Prior to the signing or recording
of a final plat or record plan of any subdivision or land development,
the developer shall either construct all the required improvements
as shown on the record plan, or provide sufficient security in an
amount stipulated in the subdivision improvements agreement in any
form approved by the Township Solicitor and Board of Supervisors,
to guarantee the performance of the municipal improvements and to
secure the completion of those municipal improvements identified in
the subdivision improvements agreement within the time specified.
developer shall not be required to provide security for highway improvements
where developer is required to provide security to the Pennsylvania
Department of Transportation for said improvements.
[Amended 11-20-2001 by Ord. No. 01-11]
(2)
Maintenance security. Prior to final inspection and
acceptance of required improvements, and prior to the release of the
performance security in an amount equal to the anticipated maintenance
security, the developer shall provide security in a form and amount
approved by the Township Solicitor and Board of Supervisors to guarantee
the developer's performance required in the subdivision maintenance
agreement. The minimum amount of security required is 15% of the total
estimated cost of the required improvements as more fully reflected
in the subdivision improvements agreement.
G.
Release of performance security. The Township shall
release the performance security received under the agreement or contract,
providing the installation of required improvements passes the inspections
of the Township Engineer.
H.
Release of maintenance security. The Township shall
release the maintenance security received under the agreement or contract,
providing the condition of the required improvements listed in the
subdivision improvements agreement passes the inspections of the Township
Engineer.
I.
Dedication requirements. Within 30 days of the completion
of improvements in areas required or intended for dedication to the
Township (or other governmental body), but in any event, prior to
the acceptance by the Township of any of the required improvements
of the subdivision or land development, the developer shall prepare,
execute and deliver to the Township an original and three copies of
the deed of dedication and two as-built CDs each one containing all
pertinent PDF files, or equivalent, to the Township Secretary-Treasurer.
The CDs shall be clearly labeled as "as-built," with the project number
and title, and date of the as-built information. The deed shall be
in a form acceptable to the Township Solicitor, and shall be for the
land being dedicated and the improvements thereon. Each parcel of
land and each street shall be dedicated by way of individual deeds
and shall be accompanied by a certificate of title executed by an
attorney authorized to practice law in the Commonwealth of Pennsylvania,
certifying that the title to the land to be dedicated is owned in
fee simple by the developer and that the land is free and clean of
liens and encumbrances. Such deeds shall include the following items:
[Amended 10-11-2005 by Ord. No. 05-11]
(1)
A legal description of the property.
(2)
A drawing or an eight-and-one-half-inch by fourteen-inch
sheet drawing of the land being dedicated. If the dedication includes
a street, the width of right-of-way, width of paving and length of
street in feet, and length of street in miles, should be shown on
the drawing.
(3)
A reference to the record plan name associated with
the dedication and a reference to the record plan, Plan Book and page
numbers at the County Recorder of Deeds office.
J.
Reimbursement of direct expenses. It shall be the
responsibility of the developer to pay for all review and inspection
fees incurred by the Township from the Township Engineer or Solicitor
or other professionals employed by the Township as a result of the
developer's proposed development. Developer shall have 14 days from
receipt of the invoice from the Township to dispute the amount of
review fees. If the Township and developer cannot agree on the amount,
a professional shall be appointed by the parties to resolve the dispute,
said professional being of the same profession as the consultant's
whose fees are being disputed. Any direct expenses that are not disputed
and not paid to the Township within 30 days after the invoices are
mailed by the Township shall be sufficient bases for the disapproval
of any plan, either preliminary or record, currently pending before
the Township pursuant to this chapter.
[Amended 11-20-2001 by Ord. No. 01-11]
