The purpose of Article II is to set forth the procedures for submission and processing of applications for preliminary and final subdivision and land development approval, for modifications from requirements, for recording of final subdivision and land development plans, for inspection of construction of required improvements with respect to subdivisions and land developments, for release of performance security, for acceptance of public improvements, and for completing required improvements where the developer is in default.
A.
Simultaneous processing of applications. Where possible
without creating an undue administrative burden on the Township's
staff or decisionmaking bodies, simultaneous processing of applications
for different approvals which may be required for the same development
project shall be permitted in order to make the review process as
short as possible for a development project. However, the differing
timing procedures and sequencing requirements for certain types of
applications may prevent simultaneous reviews.
B.
Plat adjustment subdivisions. As an optional procedure,
an application for development of subdivisions which are classified
as plat adjustments may be submitted as an application for development
for final approval and shall follow all procedures and requirements
for an application for development for final approval, except as follows:
(1)
The application for development for final approval
of a plat adjustment shall include an application form provided by
the Township, completely and correctly executed, the application fee,
seven copies of the final plat, and seven copies of other information
which may be required to demonstrate conformity with the requirements
of this chapter.
(2)
The official filing date for a plat adjustment shall be the date of the regular Supervisors' meeting next following the date the complete submittal, including payment of the applicable filing fee, is filed, provided that should the said next regular meeting occur more than 30 days following the filing of the application, the official filing date shall be the 30th day following the day the complete application is filed. The final plat shall be considered officially filed after it is received by the Township and is found to contain all the information required under §§ 178-19 and 178-20 for a final plat.
(3)
The deadline for submission of an application for
development for final plan approval of a plat adjustment shall be
15 business days prior to a regularly scheduled Supervisors' meeting.
(4)
No review and recommendation by the Commission shall
be required for an application for development for final approval
of a plat adjustment.
C.
Minor subdivisions and minor land developments. As
an optional procedure, any applications for development preliminary
approval and final approval of subdivisions which are classified as
minor subdivisions or land developments which are classified as minor
land developments may be submitted simultaneously; however, this option
shall not apply to any further subdivision for a tract from which
a minor subdivision has already been made. All other provisions of
this article shall apply.
A.
Prior to the preparation of a preliminary plan, the
subdivider may submit to the Planning Commission sketches and data
as specified below. The Commission will promptly notify the governing
body thereof. This step does not require a formal application or fee
B.
The purpose of the sketch plan is to allow the applicant
the opportunity to discuss the basic proposal with the Planning Commission
before any major effort in detailed design is made. At a meeting of
the Planning Commission, the Commission shall inform the subdivider
that the plans and data as submitted or as modified do or do not meet
the objectives of the subdivision and zoning regulations and the Master
Plan. When the Planning Commission finds the proposed development
does not meet the objectives of the above, it shall express its reasons
therefor. Discussion of the sketch plan should be considered informational
only with no approval or disapproval involved.
A.
A small-scale pencil sketch location map shall show
the relationship of the proposed subdivision to existing community
facilities which serve or influence it. Include development name and
location; names and addresses of adjacent landowners; main traffic
arteries; public transportation lines; utility lines; shopping centers;
elementary and high schools; parks and playgrounds; principal places
of employment; mining and gas and oil wells, active and inactive;
other community features such as railroad stations, airports, hospitals
and churches; title, scale, North arrow and date.
B.
No land shall be subdivided unless adequate access
to the land over adequate streets or thoroughfares exists or will
be provided by the subdivider, or if such land is considered by the
Planning Commission to be unsuitable for such use by reason of flooding
or improper drainage, objectionable earth and rock formation, topography
or any other feature harmful to the health and safety of possible
residents and the community as a whole.
C.
Sketch development plan in simple sketch form shall
show the proposed layout of streets, the number of residential lots,
typical lot width and depth, the proposed utilities and other features
in relation to existing conditions. The sketch plan should be to scale
and should show approximate contours.
D.
Any of the above-required information or other pertinent
data which cannot be shown clearly on the sketch shall be included
in a brief written description and shall be filed with the sketches.
The official filing date for a subdivision or land development shall be the date of the regular Planning Commission meeting next following the date the complete submittal, including payment of the applicable filing fee, is filed, provided that should the next regular meeting occur more than 30 days following the filing of the application, the official filing date shall be the 30th day following the day the complete application is filed. The application for development for preliminary plan approval shall be considered complete if it is found to contain all the information required under §§ 178-17 and 178-18. The application for development for final plan approval shall be considered complete if is found to contain all the information required under §§ 178-19 and 178-20.
A.
General. Formal application for approval of a subdivision or land development is initiated by submission of a preliminary plan. The applicant shall prepare a preliminary plat, together with such supplementary data as are required by these regulations. The preliminary plat shall be designed and signed by an engineer, surveyor, architect, landscape architect, or a professional planner, and shall be prepared in accordance with the standards and requirements set forth in Article III of these regulations.
B.
Preparation. The preliminary plan shall be prepared
by an engineer, surveyor, or landscape architect in accordance with
the Engineer, Land Surveyor and Geologist Registration Law (63 P.S.
§ 148 et seq.) and the Landscape Architects' Registration
Law (63 P.S. § 901 et seq.), which set forth when it is
appropriate to use professional services as defined in the laws. The
preparer shall not be the Township Engineer or an associate of the
Township Engineer.
C.
Filing. The subdivider shall file an application for
development for preliminary plan approval with the Township Secretary/Treasurer.
The application for development shall include an application form
provided by the Township, completely and correctly executed, the application
fee, and seven copies of the preliminary plat and supplementary information.
The deadline for submission of an application for development for
preliminary plan approval shall be 15 business days prior to the regularly
scheduled Commission meeting.
D.
Distribution of copies of preliminary plan. The Township
Secretary/Treasurer shall transmit copies of the preliminary plan
to the Supervisors, the Planning Commission, the County Planning Commission,
the Township Engineer, and to such other officials, bodies, companies
and/or agencies as the Planning Commission may from time to time designate,
or whose approval may be necessary for a particular plan application.
E.
County Planning Commission review. Applications for
subdivision and land development shall not be approved by the Supervisors
until the County Planning Commission report is received or until the
expiration of 30 days from the date the application was forwarded
to the County Planning Commission.
F.
Planning Commission action. The Commission, after
carefully studying the proposed plan, shall recommend to the Supervisors
that the preliminary plan be approved, approved with conditions, or
disapproved. The Commission's recommendation shall be in writing and
shall specify any recommended conditions of approval, any recommended
modifications, any defects in the application for development, and
any requirements not met together with a citation of the provisions
of the statute or ordinance relied upon in the case of a recommendation
for conditional approval or disapproval. The Commission's written
recommendation shall be submitted to the Supervisors within 60 days
after the official filing date unless the ninety-day deadline for
deciding and communicating the decision is extended by agreement with
the applicant to not less than 30 days from the submission of the
Commission's recommendation to the Supervisors.
G.
Decision.
(1)
Authority. The Supervisors shall act on all applications
for preliminary approval of a subdivision or land development.
(2)
Decision and communication deadline. Not later than
90 days after the official filing date, the Supervisors shall render
a decision on the application for approval of a preliminary subdivision
or land development plan and communicate it to the applicant.
(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)
Deemed approval. Failure to render a decision and
communicate it within the prescribed period and in the required manner,
or within any extension of time or in accordance with any change in
required manner of communication, shall be deemed an approval of the
application as presented.
(5)
Supervisors action. Prior to acting on a preliminary
plan, the Supervisors may hold a public hearing. The Supervisors shall
take one of the following actions:
H.
Communication of decision. The Township shall deliver
written notice of the decision to the applicant personally or by certified
mail, return receipt requested, with verified mailing receipt, within
15 days of the decision but not less than 90 days from the official
filing date unless an extension of time has been agreed to by the
applicant. If the decision is approval with conditions or disapproval,
the written notification shall specify all defects in the application
and shall cite with section numbers the provisions of this chapter
that have not been satisfied. If the approval is subject to conditions,
the notice of the decision shall include an acceptance block for the
applicant to sign, date, and return signifying acceptance of the conditions
of approval.
I.
Conditional approval acceptance/rejection. The Supervisors
may approve an application for preliminary approval subject to conditions
accepted by the applicant. Failure of the applicant to deliver to
the Township written acceptance of the conditions of approval within
15 days of receipt of the communication of decision shall result in
automatic rescission of such approval and automatic conversion of
the decision to denial as of the date of the original approval subject
to conditions.
J.
Duration of approval. Approval of the preliminary
plan shall be deemed to have lapsed unless an application for approval
of the final plan for at least a part of the tract covered by the
preliminary plan is filed within five years of the date of approval
of the preliminary plan or an extension is requested in writing by
the subdivider and, for good cause, granted by the governing body.
K.
Effect of approval. After preliminary approval of
a subdivision and land development plan, the plan shall be entitled
to the protections afforded by Section 508(4) of the MPC [53 P.S.
§ 10508(4)].
A.
Form. The preliminary plat shall be clearly and legibly
drawn. The plan shall be prepared on one or more sheets uniformly
measuring either 18 inches by 24 inches or 24 inches by 36 inches.
Plats for subdivisions of 10 acres or fewer shall be drawn at a scale
of one inch equals 50 feet or less. Plats for subdivisions of over
10 acres but less than 20 acres may be drawn to a scale of one inch
equals 50 feet or at a scale of one inch equals 100 feet. Plans for
subdivisions of 20 acres or more shall be drawn at a scale of one
inch equals 100 feet.
B.
Coverage. The preliminary plan shall include all the
land intended for ultimate development even though only a portion
of the tract is to be initially developed and recorded.
C.
Content of the preliminary plat. The preliminary plat
shall show the following:
(1)
Title block containing the proposed name of the subdivision
or land development; name of the municipality, county, and state;
the project number assigned by the firm that prepared the plan; the
plan date; and dates of all plan revisions. The name shall not duplicate,
be the same in spelling, or alike in pronunciation with any other
recorded subdivision or land development.
(2)
North point and graphic scale.
(3)
A site location map at a legible scale to show relationship
of subdivision or land development to its general surroundings including
North point and graphic scale.
(4)
Boundaries of the subdivision or land development
with bearings and distances as shown by deed or survey, indicated
by a heavy line and the approximate acreage. If the proposed project
is located in two or more municipalities, show municipal boundary
lines on the plan.
(5)
Names of abutting subdivisions and owners of contiguous
property not in a previously recorded plan, together with all boundaries
thereof which intersect the boundaries of the subdivision.
(6)
Schedule of zoning district requirements, including
area and bulk regulations, density, coverage, building and yard requirements,
and other requirements pertinent to the proposed development. Show
zoning districts of site and adjacent land.
(7)
List any variances or other zoning approvals which
are being requested or which have been granted by the Township.
(8)
List any modifications or waivers of subdivision and
land development regulations that are requested.
(9)
Existing and proposed contours at two-foot vertical
intervals, except where slopes are 16% to 25%, at five-foot intervals
and where slopes are greater than 25%, at ten-foot intervals. Elevations
are to be based on sea level datum. Reference location and elevation
of bench marks used shall be indicated. Contours plotted from USGS
quadrangle maps shall not be acceptable. Existing contours shall be
plotted with dashed lines and proposed contours with solid lines.
Proposed contours shall tie back into existing contours. Number contours
clearly.
(11)
Soils. Identify soil series as shown in the
Soil Survey of Washington County. Plot soil limit lines on the base
map.
(12)
Regulated waters of the commonwealth and required
setback as defined in Title 25, Environmental Resources, Chapter 105,
Dam Safety and Waterway Management. If any part of the site lies within
a floodplain, as indicated on a certified FEMA map, plot the floodway
and one-hundred-year floodplain boundary on the base map and reference
the community panel number, map name, date, and map panel numbers.
(13)
Existing general vegetative cover. Provide a
brief description of the general vegetative cover of the site, including
type (meadow, woodland, wetland, etc.).
(14)
Significant existing natural features, including
plant and wildlife habitat areas for rare or endangered species, wetlands,
or any other natural feature identified in the Washington County Natural
Heritage Inventory.
(15)
Potentially hazardous existing features, including
quarry sites, surface and subsurface mines, undermined areas, underground
fires, solid waste disposal sites, contaminated areas, wells and landslide-prone
areas. Show approximate location and cite source information.
(16)
Significant existing cultural features, including
cemeteries, burial sites, archeological sites, historic buildings,
structures, plaques, markers, or monuments. Show approximate location
and cite source information.
(17)
Existing structures. Show approximate location
and type. If an existing structure is proposed to be demolished, show
clearly on the plans.
(18)
Existing streets, roads, alleys, driveways,
or other means of access located on or within 200 feet of the site.
Show location, name, jurisdiction of ownership, width of right-of-way
or easement, width and condition of pavement, and grades.
(19)
Approximate locations of existing sanitary sewers,
water mains, storm drains, electric power, transmission structures,
gas distribution mains, or other underground or aboveground items
within the tracts or immediately adjacent thereto, with type, ownership,
direction of flow and pressure indicated.
(20)
Location, ownership, and type of any other easements
or rights-of-way, including railroads, trails, gas or oil wells and
gas or oil transmission lines, etc.
(21)
Layout of proposed streets, including proposed
names, rights-of-way and widths of proposed streets, and widths of
proposed alleys, crosswalks and easements.
(22)
The proposed layout, numbering and scaled dimensions
and approximate minimum and maximum areas of lots. When lots are located
on a curve or when side lot lines are not parallel, the width of the
lot at the building line shall be shown. Lot areas are measured from
the right-of-way line and not the center of the road for zoning purposes.
(23)
Parcels of land intended to be dedicated or
reserved for public use or to be reserved by covenant for residents
inhabiting the subdivision or land development.
(24)
Proposed buildings, parking areas, access drives,
driveways, and any other significant features.
(25)
Proposed utilities and related easements. Show
points of connection to existing utilities.
(26)
Proposed pedestrian and bicycle circulation
routes, including any easements or rights-of-way.
(27)
Approximate final grade of all streets, expressed
in percent.
(28)
Drainage proposals.
(29)
Building lines, measured from property lines
and the right-of-way line.
(30)
Proposed landscaping, including the names, sizes,
quantities, and approximate location of all proposed plant materials
which may be shown on a landscape plan.
(31)
In case the plan includes only part of the tract
owned by the subdivider, the remainder, or as much thereof as the
Planning Commission may consider necessary to ensure a satisfactory
layout for the portion to be subdivided, shall be shown with a tentative
street layout indicated by dashed line.
(32)
The name, address, and phone number of the firm
that prepared the plans; and name, signature, registration number,
and seal of the engineer, surveyor, landscape architect, and/or architect
involved in the preparation of the plans.
(33)
Proposed phasing lines in the case where the
project is to be developed in phases.
D.
Supplementary information.
(1)
Statement of the proposed use of lots, stating type
of residential buildings with number of proposed dwelling units and
type of business or industry, so as to reveal the effect of the development
on traffic, fire hazards, or congestion of population.
(2)
Traffic impact study. Where the proposed development
will generate 100 or more peak hour vehicle trips per day or any residential
development which proposes 100 or more dwelling units.
(3)
Street center line profiles for all proposed streets
or any existing streets to be improved.
(4)
Preliminary soil erosion and sedimentation control
plan, prepared in accordance with the Clean Streams Law and Chapter
102 of the PA DEP, Office of Resources Management, Erosion and Sedimentation
Pollution Control Program Manual, latest edition.
(5)
Geotechnical report. Where the site proposed for development
contains land-slide prone soils, then a soils engineer shall conduct
studies to determine the exact location of the landslide-prone areas.
Such areas shall be clearly identified on the base map.
(6)
Subsidence risk assessment. Where evidence exists
that subsurface mining has occurred 100 feet or less below the surface
of the site proposed for development, a subsidence risk assessment,
prepared by a qualified geotechnical engineer, shall be provided.
(7)
Soil contamination assessment. Where the proposed
subdivision or land development site contains any hazardous substances,
then a geotechnical report and a remedial investigation/feasibility
study shall be provided.
(8)
Proposed covenants and restrictions.
(9)
Evidence of a source of water supply. In cases where
it is determined that a public water system is not within a reasonable
distance of the proposed subdivision or the extension of an existing
system to the proposed subdivision is not feasible, the subdivider
shall supply acceptable evidence of the availability of other water
sources. The subdivider may be required to make one or more test wells
in the area to be platted if such evidence is deemed not acceptable.
Copies of well logs which are obtained shall include the name and
address of the well driller and shall be submitted with the plan to
the Commission.
(10)
Stormwater management report, which shall include
the following information:
(a)
Name of the watershed in which the proposed
development is located.
(b)
Map taken from the USGS quadrangle sheet showing
watershed draining to the project site. The map shall be at scale.
Show name of quadrangle sheet and North point. Show area of watershed
in acres. Highlight any potential DEP-regulated encroachments.
(c)
Method and standards used in design of stormwater
management facilities (i.e., Rational, TR-55, other).
(d)
Preliminary calculations, including pre- and
postdevelopment runoff, release rate percentage, basin storage volumes
and stormwater routing, pipe and inlet capacities.
(e)
Approximate layout of any proposed detention
basins, storage tanks, sumps, outlet structures, inlets, manholes,
piping, swales, or riprap.
(11)
Sewage facilities planning module. A copy of
the completed sewage facilities planning module to be filed with the
DEP following approval by the Township or a waiver of the planning
module approved by DEP.
(12)
If a request for a zoning change is contemplated by the subdivider, the proposed change should be outlined. Formal requests must follow the procedures set forth in Chapter 200, Zoning.
(13)
Existing restrictions. Where the land proposed
to be developed or subdivided contains any existing covenants, grants
of easement, private deed restrictions, or other restriction, a copy
of the recorded document or, in the absence of a recorded document,
then a letter from the holder of the restriction stating any conditions
on the use of the land.
(14)
Schedule of phased developments. If the applicant
proposes to construct the development in phases, the applicant must
submit a schedule of the projected dates that the final application
for each phase will be filed.
A.
General. The final plan shall have incorporated all changes or modifications required by the governing body, otherwise it shall conform to the preliminary plan, and it may constitute only that portion of the preliminary plan which the subdivider proposes to record and develop at the time, provided that such portion conforms with all the requirements of these regulations. The final plan shall be prepared in accordance with the requirements set forth in Article III of these regulations.
B.
Preparation. The final plat and other plans required
for final plan approval shall be prepared by an engineer, surveyor,
or landscape architect in accordance with the Engineer, Land Surveyor
and Geologist Registration Law (63 P.S. § 148 et seq.) and
the Landscape Architects' Registration Law (63 P.S. § 901
et seq.), which set forth when it is appropriate to use professional
services as defined in the laws. The preparer shall not be the Township
Engineer or an associate of the Township Engineer.
C.
Types. The applicant shall request on of the following
types of approval:
(1)
Approval for recording with provision of a performance
security to guarantee satisfactory completion of required improvements,
if any; or
(2)
Approval for construction of required improvements
with extension of time for delayed approval for recording following
satisfactory completion of required improvements.
D.
Filing.
(1)
The final plan shall be filed not later than five
years after the date of approval of the preliminary plan; otherwise,
it will be considered void unless an extension is requested by the
developer and approved by the governing body.
(2)
The subdivider shall file an application for development
for final approval with the Township Secretary/Treasurer. The application
for development for final approval shall include an application form
provided by the Township, completely and correctly executed, the application
fee, and seven copies of the final plat, seven copies of the construction
plans, seven copies of other plans, and seven copies of supplementary
information. The deadline for submission of an application for development
for final plan approval shall be 15 business days prior to the regularly
scheduled Commission meeting.
E.
Distribution. The Township Secretary/Treasurer shall,
within three working days after the official filing date transmit
copies of the final plan to the governing body, the County Planning
Commission, the Township Engineer, and other such officials, bodies,
companies, and/or agencies as the Commission may from time to time
designate.
F.
County Planning Commission review. Applications for
subdivision and land development shall not be approved by the Supervisors
until the County Planning Commission report is received or until the
expiration of 30 days form the date the application was forwarded
to the County Planning Commission.
G.
Planning Commission action. The Commission shall recommend
to the Supervisors that the final plan be approved, approved with
conditions, or disapproved. The Commission's recommendation shall
be in writing and shall specify any recommended conditions of approval,
any recommended modifications, any defects in the application for
development, and any requirements not met together with a citation
of the provisions of the statute or ordinance relied upon in the case
of a recommendation for conditional approval or disapproval. The Commission's
written recommendation shall be submitted to the Supervisors within
60 days after the official filing date unless the ninety-day deadline
for deciding and communicating the decision is extended by agreement
with the applicant to not less than 30 days from the submission of
the Commission's recommendation to the Supervisors.
H.
Decision.
(1)
Authority. The Supervisors shall act on all applications
for final approval of a subdivision and land development.
(2)
Decision and communication deadline. Not later than
90 days after the official filing date, the Supervisors shall render
a decision on the application for approval of a final subdivision
or land development plan for recording or for construction with delayed
approval for recording.
(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)
Deemed approval. Failure to render a decision and
communicate it within the prescribed period and in the required manner,
or within any extension of time or in accordance with any change in
required manner of communication, shall be deemed an approval of the
application as presented.
(5)
Action on applications for approval for recording.
The Supervisors shall take one of the following actions:
(6)
Actions on applications for approval 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 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 application of the basis that
it does not comply with specific standards and regulations set forth
in this chapter.
(b)
Following completion of all procedures for approval of required improvements in accordance with Article II, § 178-25, the applicant shall submit a written request with the Township Secretary/Treasurer for final approval for recording. The request shall be considered by the Supervisors at the next regular meeting of the Supervisors, provided that the request if received no later than seven days before the meeting date. The Supervisors shall take one of the following actions:
I.
Communication of decision. The Township shall deliver
written notice of the decision to the applicant personally or by certified
mail, return receipt requested, with verified mailing receipt, within
15 days of the decision but not less than 90 days from the official
filing date unless an extension of time has been agreed to by the
applicant. If the decision is approval with conditions or disapproval,
the written notification shall specify all defects in the application
and shall cite with section numbers the provisions of this chapter
that have not been satisfied. If the approval is subject to conditions,
the notice of the decision shall include an acceptance block for the
applicant to sign, date, and return signifying acceptance of the conditions
of approval.
J.
Conditional approval acceptance/rejection. The Supervisors
may approve an application for final approval subject to conditions
accepted by the applicant. Failure of the applicant to deliver to
the Township written acceptance of the conditions of approval within
15 days of receipt of the communication of decision shall result in
automatic rescission of such approval and automatic conversion of
the decision to denial as of the date of the original approval subject
to conditions.
K.
Compliance with conditions of approval/municipal signatures.
The applicant shall comply with all conditions of approval, including
construction of required improvements or providing a performance security
to guarantee satisfactory construction of required improvements, 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.
L.
Effect of approval. Final approval of a subdivision
and land development plan shall be effective for 90 days from the
date of the Supervisor's approval unless the Supervisors officially
renew or extend the approval date. During this period, the applicant
shall meet all conditions of approval, if any, including construction
of required improvements or providing a performance security, and
recording the final plat as specified in this chapter. After the plan
is recorded, the plan shall be entitled to the protections afforded
by Section 508(4) of the MPC [53 P.S. § 10508(4)].
A.
Form. The final plat shall be neatly drawn on new
permanent transparent material using waterproof black India ink. The
plat shall be prepared on one or more uniform sheets measuring either
18 inches by 24 inches or 24 inches by 36 inches. Its scale shall
be one inch equals 50 feet or less. Black-line paper prints of the
plat shall be presented to the Commission from time to time as suggested
by the Commission.
B.
Content of the final plat.
(1)
Title block, placed in the lower right-hand corner
and containing the following information:
(a)
Name and location of the subdivision or land
development, the plan date, and the date of any revisions.
(b)
The name, and plan book volume and page numbers
of any previously recorded plans.
(c)
The name, address, and phone number of the owner
of record and the developer.
(d)
Name, address, and phone number of the firm
that prepared the plans, and the name, seal, and registration number
of the surveyor or engineer or landscape architect who prepared the
plan.
(e)
Sheet number, North arrow, and graphic scale.
(2)
Original tract boundaries, subdivision or land development
boundaries right-of-way lines of streets, easements, and other right-of-way
lines with accurate distances to hundredths of a foot and bearings
to 1/4 of a minute. Tract boundaries shall be determined by field
survey only and shall be balanced and closed. Surveys shall be prepared
in accordance with the standards for plans for recording of the County
Recorder of Deeds.
(3)
Bearings and distances to the nearest established
street lines, section corners or other recognized permanent monuments,
which shall be accurately described on the plat. Subdivisions or land
developments abutting state highways shall be referenced to right-of-way
lines of such highways.
(4)
Approved street names and exact locations, widths,
and rights-of-way of all streets and all crosswalks within the subdivision.
(5)
Complete curve data for all curves included in the
final plat, including radius, arc length, chord bearing and chord
distance.
(6)
All easements and rights-of-way being provided for
public or private improvements in the subdivision, including widths,
purposes and any limitations placed on the use of such easements.
(7)
Accurate outlines of any lot or areas to be reserved
or dedicated for common use by residents of the subdivision, or for
general public use, with the purpose indicated thereon.
(8)
Front building lines, shown graphically with dimensions
measured from the right-of-way line.
(9)
Lot numbers, lot areas in square feet, and lot lines,
with accurate bearings and dimensions thereof, including lengths of
arcs and radii, and including the bearings and dimensions of ties
to adjacent blocks or property.
(10)
Tabulation of area data, including lots, parcels,
units, areas dedicated for rights-of-way, etc., and total plan area.
(11)
Accurate location, elevation, size, type, and
material of all monuments and lot markers.
(12)
Platting of adjacent property and the names
of the adjacent property owners.
(14)
All required Township certifications, which
shall include the Township Engineer.
(15)
Certification by a surveyor or engineer to the
effect that the plat represents a survey made by him and that all
monuments shown thereon actually exist and that their location is
correctly shown.
(16)
An acknowledgment to the owner or owners of
his or their adoption of the plat, and dedication of streets, other
physical facilities and public areas.
(17)
The final plat shall contain a certificate signed
by the Township Engineer showing that all improvements have been installed
by the subdivider and approved by the proper officials or agencies
or that a performance security has been provided and approved by the
Township Engineer as to amount and by the Solicitor as to form.
(19)
Certificates as shown in Appendix I shall be
inscribed on the plan and shall be properly signed and attested when
the plan is submitted to the Supervisors.
(20)
Plats which require access to a road under the
jurisdiction of the Pennsylvania Department of Transportation shall
contain a notice that, before driveway access is permitted, a highway
occupancy permit is required pursuant to Section 420 of the Act of
June 1, 1945 (36 P.S. § 670-101 et seq.), known as the "State
Highway Law."
(21)
Notation on the final plat of any modifications
or waivers granted to the provisions of this chapter.
(22)
Land development final plats. In addition, land
development final plats shall include the following information: building
locations, parking areas, sidewalks and pedestrianways, streets and
access drives, landscaping and bufferyards.
C.
Construction plans for public and private improvements. Construction plans shall be prepared by an engineer, drawn at a scale no smaller than one inch equals 50 feet on sheets measuring 24 inches by 36 inches. The construction plans shall conform with the design standards in Article III of this chapter and show the following:
(1)
Complete final construction plans and profiles for
all installed or proposed new streets in the plan and extending 200
feet beyond the plan.
(2)
At least three cross sections at intervals no greater
than 100 feet, extending at least 50 feet from the street center line
to each side, or extending 25 feet from the right-of-way line to each
side, whichever is greater.
(3)
By plan, all pipe sizes, distances, directions of
flow, and wye locations (both storm and sanitary), including a station
for each wye as measured from the downstream manhole.
(4)
By profile, all pipe sizes, materials, distances,
and grades; and top and invert elevations of all manholes, catch basins,
and endwalls. Show existing and proposed ground.
(5)
All construction details for stormwater detention
facilities, including any intake control structures, discharge control
structures, underground storage tanks, sumps, and stormwater detention
basins.
(6)
Complete final construction plans of installed or
proposed public water distribution systems showing pipe sizes and
locations of valves and fire hydrants, if any, unless private wells
are to be used.
(7)
The locations of all other existing and proposed utilities
including gas, electric, telephone, and cable TV.
(8)
All easements and rights-of-way for public and private
improvements.
D.
E.
Supplementary information. The applicant shall submit
the following and certified copies of all permits and approvals required
by applicable federal and state laws and county codes and regulations,
including without limitation the following:
(1)
In cases where a performance security is to be provided
in lieu of completed improvements, the applicant shall be required
to submit an itemized estimate of the cost of all improvements required
to be installed. The estimate shall be prepared by an engineer and
certified by such engineer to be a fair and reasonable estimate of
the cost of completion of the required improvements.
(2)
Evidence in the form required by the Commission of
arrangements that have been made with private utility companies or
other agencies for supplying every lot in the subdivision with gas,
electricity, and sewage disposal, and certificates from all utility
companies stating that the final plat meets their requirements and
specifications insofar as the utility service which they provide is
concerned.
(3)
A properly executed application on a form provided
by the Commission.
(4)
A list of all restrictions and covenants, if any,
the developer intends to place in the deeds to the lots in the subdivision.
If no such restrictions or covenants are to be imposed, a statement
to that effect shall be included.
(5)
If a zoning change is involved, certification from
the Secretary/Treasurer shall be required indicating that the change
has been approved and is in effect.
(6)
If required improvements are to be privately maintained,
condominium or homeowners' association agreements which are a part
of the deed restrictions and which are acceptable to the governing
body for the proper and continuous maintenance and supervision of
such facilities by the lot owners in the subdivision or land development.
(7)
Washington County Conservation District approvals
and permits.
(8)
Pennsylvania DEP sewage planning module approval,
sewage facilities permits, general permit, wetland encroachment permits,
stream encroachment/obstruction permits, etc.
(9)
Pennsylvania Department of Transportation or county
permits for any proposed streets or driveways.
(10)
Water supply certification as required by Article III, § 178-38B(3), of this chapter.
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 the applicable provisions
of this chapter.[1]
B.
Schedules for final plan submissions and modifications
thereto. Where the applicant anticipates that he will not submit final
plan applications for one or more phases of the overall development
as depicted on the preliminary plan within five years of the date
of preliminary plan approval, he shall file with his preliminary plan
a schedule delineating all proposed phases as well as intended dates
for filing final plan applications for each phase. The applicant shall
update such schedules annually on or before the anniversary of the
preliminary plan approval until such time as the Supervisors has granted
final plan approval for the final phase of the overall development
as depicted on the preliminary plan. Any modification in the aforesaid
schedule shall be subject to the approval of the Supervisors in its
sole discretion.
C.
Modification of phasing. Any phase that does not comply
with the preliminary plan approved by the Supervisors will require
complete resubmission of the preliminary plan application.
A.
Authority to grant modifications. The Supervisors
may grant modifications to the requirements of this chapter upon recommendation
by the Planning Commission and the Township Engineer if the following
criteria are met:
(1)
Peculiar conditions pertaining to the land in question;
and
(2)
Such modification will not be contrary to the public
interest; and
(3)
The purpose and intent of the ordinance are observed;
and
(4)
The modification is the minimum modification necessary
to afford relief from hardship; or
(5)
An alternative standard can be demonstrated to provide
equal or better results. This provision may be applicable whenever
a subdivision or land development is of such wide scope that it proposes
the development of a functionally integrated community or neighborhood,
possibly including some unique design in order to attain an improved
character of development.
B.
Authority to impose conditions. When granting modifications,
the Supervisors may impose conditions to ensure that the public interest
is preserved and the intent of the ordinance is observed.
C.
Written requests for modifications. All requests for
modifications shall be in writing and shall be submitted with and
be a part of an application for preliminary plan approval. The request
shall state in full the grounds and facts relied upon by the applicant,
the provision or provisions of the ordinance involved, and the minimum
modification necessary.
D.
Record of action. The Supervisors shall enter into
the minutes of the meeting all actions on all requests for modifications
setting forth the reasons which justified the modifications granted.
A.
Prior installation. Before approval of a final plan of a subdivision or land development, the Township Engineer must furnish the Commission and the governing body with a certificate stating that all the improvements set forth in Article III of this chapter have been completed.
B.
Guarantee of installation.
(1)
In lieu of the completion of the improvements set forth in Article III of this chapter, the applicant shall provide a performance security in a form approved by the Solicitor and in an amount approved by the Township Engineer equal to 110% of the estimated total cost of the required improvements, as of 90 days following the date scheduled for completion by the developer.
(2)
Adjustments. If the developer requires more than one
year to complete the improvements, annually the municipality may adjust
the amount of the financial security and require the developer to
post additional performance security in order to assure that the financial
security equals said 110%. The performance security may be adjusted
by using either of the following methods in accordance with the MPC:
(a)
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; or
(b)
By increasing the performance security by an
additional 10% for each one-year period beyond the first anniversary
date from posting of the performance 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 same procedure as for the original determination
of the amount of the performance security.
(3)
Resolution of disputes. 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)
Such guarantee will be held subject to the condition
that all the improvements will be completed within a time period not
to exceed 24 months after the approval of the final plan, and in the
event they are not completed, the municipality shall proceed with
the work and hold the owner and the bonding company responsible for
the costs thereof. However, the Supervisors may upon good cause shown
grant an additional period of time to complete improvements not to
exceed 12 months.
A.
Time for recording. Within 90 days after the date
of the final approval for recording, the developer shall record the
final plat in the office of the of the Recorder of Deeds of the county.
Upon written request by the developer, the approving body may grant
an extension of the approval date, which extension shall be reflected
on the final plat.
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, 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.
Digital copy of plan for recording. In addition to
the plan 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 plan is submitted for recording
if it is requested by the Township.
E.
Copies of recorded plan. After recording, the applicant
shall submit three photostats of the recorded plat to the Commission
for distribution to the governing body and the Township Engineer.
A.
Inspections. The Township shall make the inspections
hereinafter required and shall promptly either approve that portion
of the work which has been completed or notify the developer wherein
the same fails to comply with the provisions of this chapter. Site
development plans, approved by the Township shall be maintained at
the site during the progress of the site development until work has
been approved. The developer shall notify the Township in order to
obtain inspection in accordance with the following schedule, and such
notification shall be made by the developer at least 48 hours before
the inspection is to be made:
(1)
Initial inspection: when work is about to be commenced.
(2)
Rough grading: when all rough grading has been completed.
(3)
Drainage facilities: when drainage facilities are
being installed and before such facilities are backfilled.
(4)
Sanitary facilities: when sanitary facilities are
being installed and before and during backfilling such facilities
especially in critical areas.
(5)
Special structures: when excavations are completed
for retaining and crib walls and when reinforcing steel is in place
and before concrete is poured.
(6)
Roadways: when roadways and parking areas are rough
graded and when embankments are being constructed, and before final
paving.
(7)
Embankments: when large embankments of fill are being
constructed.
(8)
Additional inspections: when in the opinion of the
Supervisors other inspections are necessary.
(9)
Final inspection: when all work, including the installation
of all drainage, landscaping, and other structures has been completed.
B.
Completion of required improvements; time requirement.
Within two years of the final plan approval, the developer shall satisfactorily
install and request approval of all required improvements in accordance
with the approved final plan. Upon receipt of a written request for
an extension of time to complete required improvements including the
reason for the request, the Supervisors may grant an extension of
time for the completion of required improvements.
C.
Notification of completion by developer. When the
developer has completed all of the required improvements, the developer
shall notify the Supervisors, in writing, by certified or registered
mail, of the completion of the required improvements and shall send
a copy thereof to the Township Engineer. The developer shall also
submit to the Township one Mylar and three prints of the plans and
profiles of the improvements certified to be as-built by the designing
engineer. Datum shall tie into the state plane coordinate system if
possible. In addition, the developer shall submit the same as-built
plans in a computer-readable file in the form specified by the Township,
which shall provide a true and complete display of the as-built plans
except for the Engineer's seal or signature.
D.
Inspection and report by the Township Engineer. The
Supervisors shall, within 10 days after receipt of such notice, direct
and authorize the Township Engineer to inspect all of the required
improvements. The Township Engineer shall file a written report with
the Supervisors and shall promptly mail a copy of the same to the
developer by certified or registered mail. The report shall be made
and mailed within 30 days after receipt by the Township Engineer of
the aforesaid authorization from the Supervisors. Said report shall
be detailed and shall indicate approval or rejection of the required
improvements, either in whole or in part. If the Township Engineer
rejects any of the required improvements, said report shall contain
a statement of reasons for such nonapproval or rejection.
E.
Township's notification to developer. The Supervisors
shall notify the developer, within 15 days of receipt of the Township
Engineer's report, in writing, by certified or registered mail, the
action of the Township with relation thereto.
F.
Failure of the Township or Township Engineer to comply.
If the Supervisors or the Township Engineer fail to comply with the
time limitation provisions contained herein, all required improvements
for which approval was requested will be deemed to have been approved
and the developer shall be released from all liability, pursuant to
its performance security for the proportion of the improvements deemed
approved.
G.
Completion of rejected required improvements. If any
portion of the required improvements shall not be approved or shall
be rejected by the Township, the developer shall proceed to complete
the same, and, upon completion, the same procedure of notification,
as outlined herein, shall be followed.
H.
No limitation of developer's rights. Nothing herein,
however, shall be construed to be in a limitation of the developer's
right to contest or question, by legal proceedings or otherwise, any
determination of the Township or the Township Engineer.
J.
Partial release of performance security. As the work
of installing the required improvements proceeds, the developer may
request the Township to release or authorize the release of such portions
of the performance security fairly representing the amount of work
completed. The same procedure shall be followed for partial release
of performance security as for a final release of performance security
except that correspondence may be by regular mail and the action on
the request shall be acted on within 45 days of receipt of the request.
The Township may, prior to final release at the time of completion
and certification by the Township Engineer, require retention of 10%
of the estimated cost of the required improvements.
A.
If a recorded subdivision or land development plan
does not contain a dedication of the improvement, a deed of dedication
must be recorded in the office of the County Recorder. No dedication
shall be deemed to have been accepted by the Township until formally
accepted by resolution of the governing body and the resolution is
recorded in the office of the County Clerk of Courts.
B.
Request for acceptance. Within 30 days of receipt
of the Township's notification of approval of the required improvements
and not less than 10 days before the next regular meeting of the Supervisors,
at which action is requested, the developer shall request the Supervisors
in writing to accept the dedication of public improvements and post
a maintenance security.
C.
Maintenance security. The maintenance security shall
be in a form acceptable to the Supervisors and for a term of 18 months
from the date of acceptance of dedication. The amount of the maintenance
security shall be 15% of the actual cost of the installation of such
public improvements.
D.
Planning Commission review of petitions or applications
for acceptance of existing streets not laid out and opened by subdivision
or land development. The Planning Commission shall hold a public hearing
on any applications or petitions requesting that the Township accept
any existing road, street, alley or portion thereof as a Township
road and within 30 days of its public hearing thereon, shall forward
its findings and recommendations to the Supervisors. This section
shall not apply to the acceptance of streets dedicated by the recording
of a subdivision or land development plan approved by the Township.
E.
Acceptance by the Supervisors. If the request for
acceptance of public improvements and maintenance security as specified
in this section are received by the Supervisors more than 10 days
before the next regular meeting of the Supervisors, the Supervisors
shall act on the request at their next regular meeting. Acceptance
of the public improvements as part of the Township's public facilities
shall be by resolution.
F.
Maintenance of private improvements. For any improvements
which are not dedicated or which are of such character that the governing
body or other public agency does not desire to maintain them, provision
shall be made by condominium or homeowners' association agreements
which are a part of the deed restrictions and which are acceptable
to the governing body for the proper and continuous maintenance and
supervision of such facilities by the lot owners in the subdivision.
In the event that any improvements which may
be required have not been installed as provided in this chapter or
in accord with the approved final plan, the Township may enforce any
corporate bond or other security by appropriate legal and equitable
remedies. If proceeds of such bond or other security are insufficient
to pay the cost of installing or making repairs or corrections to
all the improvements covered by said security, the Supervisors may,
at their option, install part of such 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 security or from any legal or equitable action brought against
the developer, or both, shall be used solely for the installation
of the improvements covered by such security, and not for any other
municipal purpose.
