A.
No person proposing a subdivision shall proceed with
any grading or improvements until the final application is approved
by the Supervisors.
B.
No person proposing a subdivision shall sell, transfer,
lease or otherwise convey any lot, parcel or tract in a subdivision,
or construct or commence the construction of any building in a subdivision,
until the final application of the proposed subdivision is approved
by the Supervisors and recorded in accordance with the provisions
hereof.
C.
For a subdivision or land development meeting the
following criteria, the applicant may elect to combine the preliminary
and final approval procedures for a combined approval process. All
chapter sections for preliminary and final approval shall still apply.
(1)
Residential subdivision of less than five lots, not
including any multifamily development.
(2)
Commercial subdivision of less than three lots where
no public or private street is proposed.
(3)
Commercial land development applications of not more
than 100,000 square feet of gross floor area when all improvements
are to be bonded and constructed at one time.
D.
Every subdivision and land development shall meet
every requirement of all this chapter and all other ordinances of
the Township.
E.
Every subdivision and land development shall be in
accordance with the laws of the county, the Commonwealth of Pennsylvania
and the federal government.
F.
Procedural regulations. The Township Manager is authorized
to publish procedural regulations to implement the procedural and
substantive content of this chapter including but not limited to applications
for development.
G.
Reports. All reports shall be deemed recommendatory
and advisory only and shall not be binding upon the recipient, board,
officer, body or agency, nor shall any appeal lie therefrom. Any report
used, received or considered by the body, board, officer or agency
rendering a determination or decision shall be made available for
inspection for the applicant and all other parties to any proceeding
upon request, and copies thereof shall be provided at cost of reproduction.
H.
Applicant's burden to comply. Every applicant shall
have the burden to comply with this chapter and all other ordinances
of the Township for every application for development. The Township
shall provide every applicant with any initial report concerning compliance
with this chapter and all ordinances of the Township. Failure of any
applicant to comply with discrepancies after the issuance of the initial
report or any subsequent report shall be grounds for denial of the
application for development.
A.
Purpose. Before submission of a preliminary application,
the developer is strongly encouraged to have meetings with the Planning
Commission and the Township to determine the feasibility, suitability
and timing of the application. The preapplication conference is intended
to provide the developer with information and guidance from the Township
before incurring substantial expenses with regard to the site and
the preparation of plans. All preapplication conferences shall be
scheduled by the Township.
B.
Scheduling. The request for a preapplication conference
with the Planning Commission and preapplication conference submission
shall be received and accepted by the Township at least seven days
prior to the date of the meeting of the Planning Commission.
C.
Relationship to formal review process. The submission
of a preapplication conference submission shall not be deemed the
beginning of the time period for review as prescribed by law. The
preapplication conferences are advisory only and shall not bind the
Township to approve any application for development.
The official filing date for all applications
for development shall be the date of the regular Planning Commission
meeting next following the date the complete application for development
including payment of the applicable filing fee, provided that should
the said next regular meeting occur more than 30 days following the
filing of the application for development, the official filing date
shall be the 30th day following the day the complete application for
development is filed.
A.
Required. A preliminary application is required for all subdivisions and land developments except those exempted under the provisions of § 150-8C of this chapter.
B.
Planning agency authority. The Planning Commission
shall review all preliminary applications.
C.
Application submission. All preliminary applications
shall be submitted to the Township on any business day during regular
business hours. In order to be considered at a Planning Commission
meeting, the complete preliminary application must have been received
and accepted by the Township at least 15 working days prior to the
Planning Commission meeting.
D.
Determination of acceptance/rejection as incomplete.
Within five working days after a preliminary application is submitted,
the Township shall certify the preliminary application as substantially
complete and accepted or incomplete and rejected. Within said time,
the Township shall notify the applicant in writing if the preliminary
application is incomplete and rejected, stating the deficiencies in
the application and returning the filing fee. The applicant may reapply,
submitting the fee and missing material at any time.
E.
Deemed acceptance. Failure of the Township to make
a determination of acceptance/rejection shall result in deemed acceptance
of the preliminary application for processing. However, deemed acceptance
for processing shall not constitute a waiver of any deficiencies in
the preliminary application or approval of the preliminary application.
F.
Distribution. The applicant shall distribute the appropriate
number of copies of the preliminary application as required by the
review agency within 20 calendar days from the date the preliminary
application was filed and accepted by the Township to each of the
following:
G.
Review by Planning Commission. The Planning Commission
shall review all preliminary applications at a public meeting. In
its review, the Planning Commission shall consider the report of the
staff, Township Engineer and all review agencies. The Planning Commission
shall make a written recommendation to the Supervisors for approval,
approval subject to conditions, or disapproval of the preliminary
application setting forth the reasons for the recommendations.
H.
Public hearing. Before action is taken on a preliminary
application, the Planning Commission or the Supervisors may hold a
public hearing thereon after public notice.
I.
Decision.
(1)
Authority. The Supervisors shall act on all preliminary
applications.
(2)
Decision deadline. Not later than 90 days after the
official filing date, the Supervisors shall render a decision on the
preliminary application. All decisions shall be made at a public meeting.
(3)
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.
(4)
Actions. The Supervisors shall take one of the following
actions:
(a)
Approve the preliminary application; or
(b)
Approve the preliminary application with conditions;
or
(c)
Disapprove the preliminary application on the
basis that it does not comply with specific standards and regulations
set forth in this chapter or any other applicable ordinances of the
Township.
J.
General standards for review of preliminary applications.
The Supervisors shall approve the preliminary application if the preliminary
application complies with the standards and regulations set forth
in this chapter and all other applicable ordinances of the Township.
K.
Notification of decision. The decision of the Supervisors
shall be in writing and shall be communicated to the applicant personally
or mailed to the applicant's 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 or the section
numbers with provisions of other applicable ordinances of the Township
that have not been satisfied.
A.
Required. A final application is required for all
subdivisions and land developments.
B.
Final application submission and types.
(1)
Filing date. All final applications shall be submitted
to the Township on any business day during regular business hours.
A final application shall be submitted within five years of granting
of preliminary approval or in accordance with the phasing plan approved
by the Township. In order to be considered at a Planning Commission
meeting, the complete final application must have been received and
accepted by the Township at least 15 working days prior to the Planning
Commission meeting.
(2)
Types. The applicant shall request, in writing, one
of the following types of approval:
(a)
Approval for recording with provision of an
improvement security to guarantee satisfactory completion of required
improvements, if any; or
(b)
Approval for construction of required improvements
with extension of time for delayed approval for recording following
satisfactory completion of required improvements.
C.
Determination of acceptance/rejection as incomplete.
Within five working days after a final application is submitted, the
Township shall certify the final application as substantially complete
and accepted or incomplete and rejected. Within said time, the Township
shall notify the applicant in writing that the final application is
incomplete and rejected, stating the deficiencies in the final application
and returning the filing fee. The applicant may reapply, submitting
the fee and missing material at any time.
D.
Deemed acceptance. Failure of the Township to make
a determination of acceptance/rejection shall result in deemed acceptance
of the final application for processing. However, deemed acceptance
for processing shall not constitute a waiver of any deficiencies in
the final application or approval of the final application.
E.
Distribution. The applicant shall distribute the appropriate
number of copies of the final application as required by the review
agency within 20 calendar days from the date the final application
was filed and accepted by the Township to each of the following:
F.
Review by Planning Commission. The Planning Commission
shall review all final applications. The Planning Commission shall
review the final application at a public meeting. In its review, the
Planning Commission shall consider the reports of the Township Engineer
and all review agencies. The Planning Commission shall make a written
recommendation to the Supervisors for approval, approval subject to
conditions, or disapproval of the application. The Planning Commission
shall set forth the reasons for its recommendations.
G.
Decision.
(1)
Authority. The Supervisors shall act on all final
applications. The Supervisors shall render a decision at a public
meeting.
(2)
Revised final applications. After the review of the
final application by the Planning Commission, six copies of the final
application, which may be revised as recommended by the Planning Commission,
shall be submitted to the Township and shall be forwarded to the Supervisors.
The Supervisors shall consider the final application at their next
regular meeting, provided the copies of the final application are
submitted to the Township no later than 10 working days before the
meeting date. If the revised final application has substantial revisions
from the revisions recommended by the Planning Commission, the Supervisors
may refer the revised final application to the Planning Commission
for review and recommendation.
(3)
Decision deadline. Not later than 90 days after the
official filing date, the Supervisors shall render a decision on the
final application for recording or for construction with delayed approval
for recording.
(4)
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.
(5)
Actions on final applications for recording. The Supervisors
shall take one of the following actions:
(6)
Actions on final applications for construction of
required improvements with delayed recording pending satisfactory
completion of required improvements.
(a)
The Supervisors shall take one of the following
actions:
[1]
Approve the final application for construction
with approval for recording delayed for one year, or any extension
granted by the Supervisors pending the satisfactory completion of
required improvements and compliance with requirements for approval
of improvements; or
[3]
Disapprove the final application on the basis
that it does not comply with specific standards and regulations set
forth in the this chapter or any other applicable ordinances of the
Township.
(b)
Following completion of all procedures for approval of required improvements in accordance with § 150-17, the applicant shall submit a written request to the Supervisors for final approval for recording. The request shall be considered by the Supervisors at the next regular meeting of the Supervisors, providing the request is received by the Supervisors no later than 10 working days before the meeting date. The Supervisors shall take one of the following actions:
[1]
Approve the final application for recording;
[2]
Approve the final application for recording
with conditions; or
[3]
Disapprove the final application for recording
on the basis that it does not comply with specific standards or regulations
of this chapter or any other applicable ordinances of the Township.
H.
General standards for review of final applications.
The Supervisors shall approve the final application if the final application
complies with the standards and regulations set forth in this chapter
and the preliminary plat approval. Approval for recording shall be
granted only when the public and private improvements have been satisfactorily
completed or when an improvement security shall be provided before
release of the plat for recording.
I.
Form of final application approval. final application
approval shall be by resolution or ordinance of the Supervisors.
J.
Improvement security.
(1)
Amount. In lieu of the completion of any improvements
required as a condition for the final approval, the Township shall
require an improvement security in an amount equal to 110% of the
cost of completion of improvements estimated as of 90 days following
the date scheduled for completion by the applicant or developer.
(2)
Determination of amount. The amount of improvement
security required shall be based upon an estimate of the cost of completion
of the required improvements, submitted by an applicant or developer
and prepared by an engineer and certified by such engineer to be a
fair and reasonable estimate of such cost. The Township, upon recommendation
of the Township Engineer, may refuse to accept such estimate for good
cause shown.
(3)
Resolution of disputes regarding amount. If the applicant
or developer and the Township are unable to agree upon an estimate,
then the estimate shall be recalculated and recertified by another
engineer chosen mutually by the Township and the applicant or developer.
The estimate certified by the third engineer shall be presumed fair
and reasonable and shall be the final estimate. In the event that
a third engineer is so chosen, fees for the services of said engineer
shall be paid equally by the Township and the applicant or developer.
(4)
Adjustment to amount. Annually, the Township may adjust
the amount of the improvement security by comparing the actual cost
of the improvements which have been completed and the estimated cost
for the completion of the remaining improvements as of the expiration
of the 90th day after either the original date scheduled for completion
or a rescheduled date of completion. Subsequent to said adjustment,
the Township may require the applicant or developer to post additional
security in order to assure that the financial security equals said
110%. Any additional security shall be posted by the applicant or
developer in accordance with this subsection. If the party posting
the improvement security requires more than one year from the date
of posting of the improvement security to complete the required improvements,
the amount of improvement security may be increased by an additional
10% for each one-year period beyond the first anniversary date from
posting of the improvement security or to an amount not exceeding
110% of the cost of completing the required improvements as reestablished
on or about the expiration of the preceding one-year period by using
the above procedure.
(5)
Term. The term of the improvement security shall be
for a period of one year from the date that the improvement security
is posted.
(6)
Guarantees in phased development. In the case where
development is projected over a period of years, the Supervisors may
authorize submission of final plats by section or stages of development
subject to such requirements or guarantees as to improvements in future
sections or stages of development as it finds essential for the protection
of any finally approved section of the development.
K.
Notification of decision. The decision of the Supervisors
shall be in writing and shall be communicated to the applicant personally
or mailed to the applicant's 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 final application and
shall cite with section numbers with provisions of this chapter or
the section numbers with provisions of any other applicable ordinances
of the Township that have not been satisfied.
L.
Compliance with conditions of approval; municipal
signatures. The applicant shall comply with all conditions of approval,
including construction of required improvements or providing an improvement
security, before the proper Township officials execute the certifications
on the final plat. When the conditions of the final approval have
been met, the proper officers of the Township shall sign the final
plat for recording and shall affix the Township Seal.
M.
Effect of approval. Final approval of a subdivision and land development plan shall be effective for one year from the date of the Supervisors' approval. During this period, the applicant shall meet all conditions of approval, if any. Final approval shall further be effective for 90 days from the effective date of approval. During this period, the applicant shall record the plat as provided in § 150-14, Recording of final plat. After the final plat is recorded, the plan shall be entitled to the protections afforded by Section 508(4) of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
A.
Permitted. The applicant may construct a subdivision or land development in separate phases over time in accordance with the standards for phased development set forth in § 150-34.
B.
Schedules for final application submissions and modifications
thereto. Where the applicant anticipates that he will not submit final
applications for one or more phases of the overall development as
depicted on the preliminary plat within five years of the date of
preliminary plat approval, he shall file with his preliminary application
a schedule delineating all proposed phases as well as intended dates
for filing final applications for each phase. The applicant shall
update such schedules annually on or before the anniversary of the
preliminary plat approval until such time as the Supervisors have
granted final plat approval for the final phase of the overall development
as depicted on the preliminary plat. Any modification in the aforesaid
schedule shall be subject to the approval of the Supervisors in their
sole discretion.
C.
Modification of phasing. Any phase that does not comply
with the preliminary plat approved by the Supervisors will require
complete resubmission of the preliminary application.
A.
Time for recording. Within one year after the date
of the final approval for recording by the Supervisors, the developer
shall comply with all conditions of approval. If all conditions of
final approval are met, the Township shall execute the final plat.
Within 90 days after the execution of the final plat, the Township
shall record the final plat in the office of the Recorder of Deeds
of the county.
B.
Effect of final plat recording on Official Map. After
a final plat has been approved and recorded as provided in this chapter,
all public streets and public grounds on such plan shall be and become
a part of the Official Map of the Township, if any, without public
hearing.
C.
Effect on acceptance of public improvements. Until
final acceptance by resolution or ordinance, no property or other
public improvements shown on the recorded final plat shall be deemed
a part of the public improvements of the Township, but the same shall
be deemed to be private until and unless the same have been completed
in accordance with this chapter and accepted in accordance with law.
D.
Effect on building construction. No building permit
shall be issued in any recorded plat unless and until one copy of
the reproducible Mylar with all required signatures is filed with
the County Recorder of Deeds, one copy is on file with the Township
and the third copy returned to the applicant. In addition, all required
financial security must be in place and acceptable to the Township
for form and amount.
E.
Digital copy of plat for recording. In addition to
the plat prepared for recording, the applicant shall submit a computer-readable
file in the form specified by the Township which shall provide a true
and complete display of the final plat for recording including all
information contained on the finally approved plan except for the
surveyor's seal or signature. The computer-readable file shall be
submitted at the same time that the plat is submitted for recording
if it is requested by the Township.
A.
Fees for review. The Supervisors shall establish,
by resolution, a schedule of fees for applications 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
resolution shall be duly recorded in the Resolution Book of the Township,
and 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 approvals for the issuance of
any permits under this chapter shall be contingent upon the payment
of the proper fees as established by the resolution and the fee schedule.
(1)
Review fee dispute. In the event the applicant disputes
the amount of any such review fees, the applicant shall, within 14
days of the applicant's receipt of the bill, 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.
(2)
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 MPC
Section 510(g),[1] provided that the professionals resolving such dispute
shall be of the profession or discipline as the consultants whose
fees are being disputed.
[1]
Editor's Note: See 53 P.S. § 10510.
B.
Fees for inspection of required improvements. The
Supervisors shall establish, by resolution, a schedule of fees for
the Township's inspection of improvements required under the provisions
of this chapter, including but not limited to the payment of fees
charged by the Township's professional consultants for their inspection.
Such resolution shall be duly recorded in the Resolution Book of the
Township, and such fee schedule shall be reproduced and made available
upon request at the Township Office. The resolution providing for
the various fees shall be periodically reviewed and amended, when
necessary, by resolution of the Supervisors. The release, in whole
or in part, of any financial security posted in connection with such
improvements and, if applicable, the acceptance of such improvements
by the Township shall be contingent upon the payment of the proper
fees as established by the resolution and the fee schedule.
(1)
When inspection fees are disputed. In the event the
applicant disputes the amount of any such expense in connection with
the inspection of improvements, the applicant shall, within 14 days
of the applicant's receipt of the bill, notify the Township that such
fees are disputed as unreasonable or unnecessary, in which case the
Township shall not delay or disapprove a subdivision or land development
application or any approval or permit related to development due to
the applicant's request over disputed engineer expenses.
(2)
Dispute resolution. If within 30 days of the applicant's
receipt of the bill, the Township and the applicant cannot agree on
the amount of expenses which are reasonable and necessary, then the
applicant and the Township shall follow the procedure for dispute
resolution set forth in MPC Section 510(g).
C.
Criteria for fees. Review and inspection fees shall
be reasonable and in accordance with the ordinary and customary charges
by the Township Engineer or consultant for similar services in the
Township, but in no event shall the fees exceed the rate or cost charged
by the engineer or consultant to the Township when fees are not reimbursed
or otherwise imposed on applicants.
A.
From time to time, during the installation of the
required public and private improvements, the developer may request
partial release of the improvement security in an amount necessary
for payment of contractors performing the work. Any such request shall
be in writing and shall be addressed to the Supervisors. The Supervisors
shall have 45 days from the receipt of such request to allow the Township
Engineer to certify, in writing, that such portion of the installation
of public improvements has been completed in accordance with the requirements
of this chapter and the approved final plat.
B.
Upon such certification by the Township Engineer,
the Supervisors shall authorize release of an amount as estimated
by the Township Engineer which fairly represents the value of the
improvements completed. The Supervisors may require retention of 10%
of the estimated cost of such improvements until such time as all
improvements have been installed and the improvement security is released
in its entirety.
C.
If the Supervisors fail to act within the forty-five-day
period, the Supervisors shall be deemed to have approved the release
of funds as requested.
A.
Notice of completion.
(1)
When the developer has completed the required public
improvements and the private improvements in a plan for which an improvement
security is required, the developer shall notify the Township, in
writing, by certified or registered mail and shall send a copy of
such notice to the Township Engineer. Upon completion of the public
improvements in a plan, as-built plans and profiles of the public
improvements, as constructed, shall be submitted to the Township by
the developer with the notice of completion.
(2)
Within 10 days of the receipt of such notification,
the Township shall authorize the Township Engineer to inspect the
aforesaid improvements.
(3)
Township Engineer's report.
(a)
Upon authorization by the Township, the Township
Engineer shall perform a final inspection of the public and private
improvements in the plan. Within 30 days of receiving the authorization
from the Supervisors, the Township Engineer shall file a report, in
writing, with the Supervisors indicating approval or rejection of
the public improvements, either in whole or in part, and in the case
of rejection, shall provide a statement of the reasons for such rejection.
The Township Engineer shall also report regarding completion of private
improvements which have been bonded in accordance with applicable
ordinance requirements and conditions of approval, if any.
(b)
Notification to developer. Within 15 days of
receipt of the Township Engineer's report, the Township shall notify
the developer, in writing, by certified mail, of the action of the
Supervisors with relation to approval or rejection of the public improvements,
as well as the completion, in accordance with the specifications shown
on the approved plan, of any private improvements for which an improvement
security has been required.
(4)
Failure of Township to comply. If the Supervisors
or the Township Engineer fails to comply with the time limitation
provisions contained in this article, all public and private improvements
will be deemed to have been approved, and the developer shall be released
from all liability pursuant to the improvement security posted with
the Township.
(5)
Completion of rejected improvements. If any portion
of the public or private improvements shall not be approved or shall
be rejected by the Supervisors, the developer shall proceed to make
the required corrections or additions, and, upon completion, the same
procedure of notification, inspection and approval as outlined in
this article shall be followed.
(6)
Developer's rights. Nothing in this article, however,
shall be construed to limit the developer's right to contest or question,
by legal proceedings or otherwise, any determination of the Supervisors
or the Township Engineer.
In the event that the public and private improvements
required to be installed by the provisions of this chapter are not
installed in accordance with the requirements of this chapter or the
final plat prior to the expiration of the improvement security, the
Township shall have the power to enforce the improvement security
by appropriate legal and equitable remedies provided by the laws of
the Commonwealth of Pennsylvania. If proceeds from the improvement
security are insufficient to pay the cost of installing or making
repairs or corrections to all the improvements guaranteed by such
improvement security, the Township may, at its option, install part
of the public improvements in all or part of the subdivision or land
development and may institute appropriate legal or equitable action
to recover the moneys necessary to complete the remainder of the improvements.
All of the proceeds, whether resulting from the improvement security
or from any legal or equitable action brought against the developer,
or both, shall be used solely for the installation of the improvements
guaranteed by such improvement security and not for any other municipal
purpose.
A.
Following completion of all or some of the required public improvements in a plan and prior to the acceptance by the Township of the dedication of those required public improvements, the Supervisors shall require posting of a maintenance security, as defined by this chapter, to secure the structural integrity of the improvements and to guarantee the proper functioning of those improvements in accordance with the design standards of this chapter and Chapter 101, Improvement Design Standards.
B.
The term of the maintenance security shall be for
a period of 18 months from the date of acceptance of the improvements
by the Supervisors. The amount of the maintenance security shall be
15% of the actual cost of installation of the improvements.
A.
Upon completion of the inspection and approval of the public improvements, the developer shall submit a request to the Supervisors, in writing, to accept the dedication of the public improvements. The request for acceptance shall include deeds of dedication and all other legal descriptive documents necessary to prepare a resolution or ordinance and shall be submitted at least 10 days prior to the regular meeting of the Supervisors. At the regular meeting, the Supervisors shall enact a resolution or ordinance accepting the public improvements as part of the Township's public facilities, subject to the posting of the maintenance security required by § 150-19 of this chapter.
B.
No property or public improvement shown on a final plat shall be considered to have been finally accepted by the Township until the dedication thereof has been officially accepted by adoption of a resolution or ordinance of the Township, duly enacted and advertised in accordance with law. Approval of public improvements under § 150-17 shall not constitute acceptance of public improvements under this section.
Approval of private improvements for which an
improvement security has been required and final release of that improvement
security shall indicate compliance with the specifications shown on
the approved plan; however, it shall not imply approval by the Township
of the method of construction or structural integrity of the private
improvements beyond that which is shown on the approved plan, nor
shall there be any liability associated with or responsibility for
maintenance of those improvements by the Township. The developer shall
not be required to post a maintenance security for private improvements.
Prior to the end of the eighteen-month period
when the maintenance security expires and before the maintenance security
is released, the Township Engineer shall make a final inspection and
certify in writing to the Supervisors that all the public improvements
are in good order. If any repairs are required or maintenance needed,
the developer shall be notified in writing, and such repairs or maintenance
shall be done and approved prior to certification by the Township
Engineer.