The Township has adopted the procedures set forth herein which
shall be observed by all applicants, developers, and their agents.
301.1
Authority for plan approval. Final authority for approval or
denial of approval of all subdivision and land development plans shall
be vested in the Township Board of Supervisors in accordance with
the procedures set forth herein. Prior to action by the Board, all
plans shall be referred for review and recommendation to the Township
Planning Commission, the Township Engineer, and such other agencies
as deemed pertinent by the Board or as required by law. However, the
failure to make such referral and/or the failure by any reviewing
party to review and/or make recommendation with respect to any plan
shall not affect the validity of any action taken by the Board with
respect to such plan. In addition, in the course of its review, the
Township Planning Commission may solicit review and reports from any
official Township consultant or entity it considers to be affected
by the subject plan.
301.2
Plan classification. For purposes of procedure, all applications
filed pursuant to this ordinance shall be further classified as either
major or minor as defined below:
301.3
Minor: Any plan providing for a lot line adjustment or rejoining
of lots where no land development is proposed, or any residential
subdivision or land development application in which all of the following
apply:
a. No public or private street is constructed or is required to be widened;
b. No earthmoving activities except those incidental to construction
of a single-family dwelling on each proposed lot will take place;
c. No public improvement or guaranty thereof is required other than
as may relate to on-lot stormwater management systems or sewer or
water lines serving an individual lot;
d. No more than three lots shall result from any residential subdivision;
e. Plans are not filed pursuant to the residential open space design
option; and
f. No more than two minor subdivisions shall be approved over any period
of time for any original tract or parcel of ground. Any subsequent
subdivision approval submission after the two minor subdivisions are
approved shall be considered major and subjected to the related provisions
herein, regardless of size or scale.
301.4
Major: Any subdivision or land development application not classified
as minor as provided above.
301.5
Overview of plan submission and review process. The following plan review steps represent the standard approach used in Uwchlan Township. Plan contents shall be as set forth in Article
IV, and the number of plan sets to be submitted shall be as specified herein.
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Minor Subdivision or Land Development
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Major Subdivision or Land Development
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Preapplication meeting
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Recommended
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Recommended
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Sketch plan
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Recommended
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Recommended
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Preliminary plan
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Not required
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Required
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Final plan
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Required
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Required
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301.6
Recommended conceptual lot and street layout for remaining lands.
When an application includes only a portion of a landowner's entire
tract, or where lands subject to application are contiguous to an
adjoining tract of the same landowner, the Planning Commission and/or
the Board of Supervisors may require the applicant to include a conceptual
layout showing future potential subdivision or land development of
all the contiguous lands belonging to the landowner to ensure that
future development may be accomplished in accordance with current
codes and with appropriate access. Submission and review of the conceptual
lot and street layout described in this section does not constitute
approval of the future subdivision or land development shown thereon.
301.7
Municipalities Planning Code requirements. Preliminary and final
plans shall be reviewed in accordance with the requirements of the
latest version of the Pennsylvania Municipalities Planning Code (MPC)
and as set forth herein.
301.8
Site access for purposes of plan review. The owner of the parcel
of land to be subdivided or developed shall, as part of initial submission
in regard to the subject property, submit a written statement granting
the Uwchlan Township Board of Supervisors, its authorized agents and
representatives, and the Planning Commission the right to enter the
parcel of land for the purpose of evaluating the site and the proposed
development thereof. The Township shall make a reasonable effort to
contact the applicant to notify him of the Township's scheduled site
access at least two days in advance of such site visit.
301.9
Plan review by adjacent municipalities.
a. The Township may solicit comments from an adjacent municipality for
any subdivision or land development plan application for tracts of
land along the Township boundary, in which case an additional plan
set and accompanying documents may be required for the Township to
forward to the adjacent municipality for its comments.
b. The Planning Commission and the Board of Supervisors will review
the reports from the adjacent municipality as part of the plan review
process when comments are solicited. However, if any adjoining municipality
fails to report thereon prior to the time that the Township Planning
Commission or Board moves to make a recommendation or decision, then
the Township Planning Commission or Board, as the case may be, may
officially act without having received and considered such report.
301.10
Refiling of plans. Any plan which meets any one of the criteria
below shall be considered to be a new plan and shall be accompanied
by an application, fees and all required information.
a. A plan which is submitted after a previous plan for the same property
has been withdrawn shall constitute a new plan.
b. A plan which is submitted after a plan for the same property has
been approved or rejected shall constitute a new plan, unless the
plan is a final plan following preliminary plan approval.
c. A plan which is resubmitted during the course of plan review by the
Planning Commission or Board of Supervisors, and is deemed by either
to represent a substantially altered lot layout, road configuration,
building location(s) or use, for the same land that was included in
a prior plan submission, shall constitute a new plan. Plans considered
by the Township as a major revision pursuant to the provisions of
§ 304.4.d(4), in the case of preliminary plans, or § 305.5.d(4),
in the case of final plans, and starting a new ninety-day time period
for formal review and notification, may not need to resubmit an application
or fees but may require new supplemental plans or impact studies.
301.11
Township review and escrow fees. No application for preliminary
or final plan review shall be deemed to have been officially submitted
until the application fee and escrow deposit, as set forth below,
shall have been paid by the applicant.
a. Subdivision and land development application fees (nonrefundable)
and initial escrow deposits to cover the costs for plan review and
processing shall be fixed by the Board of Supervisors by resolution.
The escrowed funds shall be used to reimburse the Township for actual
expenditures incident to these processes, including but not limited
to engineering, inspection, consultant, and legal fees. Any costs
incurred by the Township in excess of the amount held in escrow shall
be fully reimbursed by the applicant prior to the issuance of any
permits. Any costs not paid within the time specified by the Township
shall be assessed an interest penalty as established by the Board
and may result in the suspension of reviews of the applicant's plans.
Any unexpended balance in the review escrow deposit shall become part
of the escrow deposit required by § 306 herein.
b. If problems arise requiring more-extensive involvement of the Township
Engineer, any resulting costs that exceed the initial escrow deposit
or subsequent deposits will be assessed against the applicant.
The following procedures are to be followed for all subdivision and land development plan applications submitted to Uwchlan Township. The content of required plan submissions is set forth in Article
IV.
302.1
Preapplication meeting. Prior to any formal plan submission,
it is strongly recommended that the applicant for any subdivision
or land development approval schedule and meet the Township Manager
or the designated representative. The purpose of the preapplication
meeting is to introduce the applicant to the Township's planning objectives
and applicable regulations and procedures and to discuss the applicant's
objectives.
302.2
Site visit. Applicants for subdivision or land development approval
may be requested by the Township Planning Commission or Board of Supervisors
to arrange for a site visit of the property by Township representatives
that may include the Township Engineer and any other federal, state,
or county representatives or consultants as the Township deems appropriate.
Applicants shall agree to reimburse the Township for any reasonable
costs charged by Township consultants in relation to such site visit
when such consultants have been requested by the Township to attend.
Applicants are encouraged to accompany Township representatives. The
site visit may be requested by the Township at any time during which
a subdivision or land development application filed in accordance
with this ordinance is pending Township approval. Comments made by
the Township or its staff and consultants during the site visit shall
be only advisory and are not binding on either the Township or the
applicant. It shall be understood by all parties that no formal recommendations
can be offered, and no official decisions can be made, at the site
visit or during the sketch plan process.
Prior to final approval of the final plan, the subdivider shall
guarantee the installation of all required improvements by one of
the following methods:
306.1
By installing the improvements required by Article
VI of this Subdivision and Land Development Ordinance to the satisfaction of the Township Engineer and the Board of Supervisors and obtaining a certificate from the Township Engineer that all improvements have been installed in accordance with the standards and requirements contained in this ordinance or other requirements of the Township.
306.2
In lieu of completing all of the improvements required as a
condition for the final plan approval, including improvements or fees
required pursuant to this section, the subdivider or developer shall
post a performance guaranty with the Township in an amount sufficient
to cover the costs of such improvements or common amenities, including,
but not limited to, roads, stormwater detention and/or retention basins
and other related drainage facilities, recreational facilities, open
space improvements, or buffer or screen plantings which may be required.
306.3
When requested by the developer, in order to facilitate financing,
the Board of Supervisors shall furnish the developer with a signed
copy of a resolution indicating approval of the final plan contingent
upon the developer obtaining a satisfactory financial security. The
final plan shall not be signed nor recorded until the financial improvements
agreement is executed. The resolution or letter of contingent approval
shall expire and be deemed to be revoked if the financial security
agreement is not executed within 90 days, unless a written extension
is granted by the Board of Supervisors; such extension shall not be
unreasonably withheld and shall be placed in writing at the request
of the developer.
306.4
The amount of financial security to be posted for the completion
of the required improvements shall be equal to 110% of the cost of
completion estimated as of 90 days following the date scheduled for
completion by the developer. Said amount may be adjusted annually
by the Township by comparing the actual cost of improvements which
have been completed and the estimated cost of 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, any additional
security shall be posted by the developer in order to assure that
the financial security equals 110%. Any additional security shall
be posted by the developer in accordance with this subsection.
306.5
The performance guaranty may be either a performance bond with
corporate surety or other security acceptable to the Board of Supervisors.
Federal- or commonwealth-chartered lending institutions or bonding
companies must be authorized to conduct business within the Commonwealth
of Pennsylvania. Performance guaranties shall be submitted in a form
and with a surety approved by the Township Solicitor guaranteeing
the construction and installation of all improvements within a stated
period, which shall not be longer than three years from the date of
final subdivision or land development approval. However, upon written
application signed by both the obligor and the surety of the performance
guaranty, in a form approved by the Township Solicitor, the Board
of Supervisors may, at its discretion, extend said period by not more
than three additional years, but, in any event, the Township shall
still be entitled to adjust said security on an annual basis.
306.6
The amount of financial security required shall be based upon
an estimate of the cost of completion of the required improvements
submitted by the developer or subdivider and prepared by a professional
engineer licensed as such in this commonwealth and certified by such
engineer to be a fair and reasonable estimate of such cost. The Township,
upon the recommendation of the Township's Engineer, may refuse to
accept such estimate for good cause shown. If the developer or subdivider
and the Township are unable to agree upon an estimate, then the estimate
shall be recalculated and recertified by another professional engineer
licensed as such in this commonwealth and chosen mutually by the Township
and the developer or subdivider. 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, the fees
for the services for said engineer shall be paid equally by the Township
and the subdivider or developer.
306.7
If the applicant or developer requires more than one year from
the date of posting financial security to complete the required improvements,
the amount of financial security may be increased by an additional
10% for each one-year period beyond the first anniversary date from
posting the financial security or to an amount not exceeding 110%
of the cost of completing the required improvements as established
on or about the expiration of the preceding one-year period by using
the above procedure.
306.8
In the case where development is projected over a period of
years, the Board of Supervisors may authorize the submission of final
plans by sections or stages of development, subject to such requirements
or guaranties 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.
306.9
As the work of installing the required improvements proceeds,
the party posting the financial security may request the Board of
Supervisors body to release or authorize the release, from time to
time, of such portions of the financial security necessary for payment
to the contractor or contractors performing the work. Any such requests
shall be in writing addressed to the Board of Supervisors, and the
Board of Supervisors shall have 45 days from receipt of such request
within which to allow the Township Engineer to certify, in writing,
to the Board of Supervisors that such portion of the work upon the
improvements has been competed in accordance with the approved plan.
Upon such certification, the Board of Supervisors shall authorize
release by the bonding company or lending institution of an amount
as estimated by the Township Engineer fairly representing the value
of the improvements completed or, if the Board of Supervisors fails
to act within said forty-five-day period, the Board of Supervisors
shall be deemed to have approved the release of funds as requested.
The Board of Supervisors 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 aforesaid improvements.
306.10
The amount of the performance guaranty may be reduced by the
Board of Supervisors by resolution as and when portions of the required
improvements have been installed as detailed in § 306.9
above. In the event of default, the obligor and surety shall be liable
thereon to the Township for the cost of the improvements or parts
thereof not installed. Upon receipt of the proceeds thereof, the Township
shall install the improvements. If cost of the improvements exceeds
the amount of the performance guaranty, then the subdivider shall
be liable for the amount in excess which the Township has actually
expended for such improvements. In case the amount of the performance
guaranty exceeds the actual cost of improvements made, the Township
shall return the unused sum to the surety or the person who has paid
or deposited the performance guaranty.
306.11
If water mains or sanitary sewer lines, or both, along with
apparatus or facilities related thereto, are to be installed under
the jurisdiction and pursuant to the rules and regulations of a public
utility or municipal authority separate and distinct from the Township,
financial security to assure proper completion and maintenance thereof
shall be posted in accordance with the regulations of the controlling
public utility or municipal authority and shall not be included within
the financial security as otherwise required by this section.
306.12
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final plan approval
plat as set forth in this section, the Township shall not condition
the issuance of building, grading or other permits relating to the
erection or placement of improvements, including buildings, upon the
lots or land as depicted upon the final plat upon actual completion
of the improvements depicted upon the approved final plan. Moreover,
if said financial security has been provided, occupancy permits for
any building or buildings to be erected shall not be withheld following:
the improvement of the streets providing access to and from existing
public roads to such building or buildings to a mud-free or otherwise
permanently passable condition, as well as the completion of all other
improvements as depicted upon the approved plan, either upon the lot
or lots or beyond the lot or lots in question, if such improvements
are necessary for the reasonable use of or occupancy of the building
or buildings.