A.
Any applicant seeking approval of a minor subdivision (see § 167-5A) may disregard the preliminary plan (plat) review and submit a final plan (plat) application.
B.
This procedure shall also apply to any adjustment
of property lines that does not create additional lots, or any combination
of existing lots or parts to eliminate existing lots.
C.
The plat for recording shall be a scaled drawing clearly showing the required information, prepared in ink on Mylar material, in a digital format required by the Township and on an eight-and-one-half-inch by eleven-inch transparency and containing the following information as well as the material required in § 167-13:
(1)
A vicinity map showing the relationship of the plan
to nearby major roads and landmarks.
(2)
The perimeter boundary lines of the entire property
within which the subdivision is proposed to occur and subdivision
lines proposed within the property, each line or arc described by
bearings to the nearest second and distance, accurate to the nearest
hundredth of a foot.
(3)
Abutting street right-of-way and street pavement,
with widths and names of roads indicated, and location of sewer, water
and/or gas lines or any other public utility, if any, some or all
of these are present.
(4)
Building setback line of each lot, and location of
any easements crossing or abutting the property, indicating purpose
of the easement.
(5)
Area of each lot or parcel to be created and area
of property remaining after subdivision.
(6)
Names of owners of abutting properties and of those
directly across an intervening street.
(7)
Location of monuments and markers, existing and proposed,
delineating the corners of the plan and each lot.
(8)
Certification of the Sewage Enforcement Officer attesting
that the lots to be created are of adequate size for on-lot sewage
disposal if they are not to be connected to a public system; and indicating
the type of disposal systems required.
(9)
State highway occupancy notice, if access is to a
state highway.
(10)
Title block in the lower right corner of the drawing, indicating the name and address of the owner, date of original submission and later revisions, name and address of registered land surveyor preparing the plan with his Pennsylvania seal affixed, scale of the plan, North arrow, certificates of title clause, Engineer's certification, specific variances and/or modifications, if any, granted to the plan, Township Planning Commission review, Board of Supervisors approval, County Planning Commission review and proof of recording (see Appendix A attached to this chapter).[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
D.
The owner/applicant shall submit to the Zoning Officer
for review by the Planning Commission at least 28 days prior to a
regular meeting three copies of the proposed subdivision plat.
E.
The Commission shall review the plan and provide copies
to the Board of Supervisors and to the Sewage Enforcement Officer.
The Commission shall note deficiencies it discovers in the plan in
its minutes and inform the owner/applicant of them, requesting correction
or additional information.
F.
The owner/applicant shall submit the required number
of copies of the plan, as specified in this article, and accompanying
information to the County Planning Commission immediately after the
Township Planning Commission's initial review.
G.
The Township Planning Commission shall communicate
the results of its review and recommendations of the plan to the Board
of Supervisors, and the Board shall render its decision within 90
days of the Planning Commission meeting at which the plan was first
reviewed as an agenda item. The Board's decision shall be based on
the plan to be recorded. (In no case shall the Board make its decision
until it has received the review comments from the County Planning
Commission or until 30 days has passed since the owner/applicant submitted
the plan to the County Planning Commission, whichever occurs first.)
H.
Failure of the Board of Supervisors to render a decision
within 90 days of the date of the Planning Commission meeting at which
the plan was first reviewed and to communicate the decision to the
owner/applicant within 15 days thereafter shall be deemed an approval
of the application as presented unless the owner/applicant agrees
in writing to a mutually agreeable extension.
I.
When an application for approval of a plat, whether
preliminary or final, has been approved without conditions or approved
by the applicant's acceptance of conditions, no subsequent change
or amendment in the zoning, subdivision or other governing ordinance
or plan shall be applied to affect adversely the right of the applicant
to commence and to complete any aspect of the approved development
in accordance with the terms of such approval within five years from
such approval. The five-year period shall be extended for the duration
of any litigation, including appeals, which prevent the commencement
or completion of the development, and for the duration of any sewer
or utility moratorium or prohibition which was imposed subsequent
to the filing of an application for preliminary approval of a plat.
In the event of an appeal filed by any party from the approval or
disapproval of a plat, the five-year period shall be extended by the
total time from the date the appeal was filed until a final order
in such matter has been entered and all appeals have been concluded
and any period for filing appeals or requests for reconsideration
have expired; provided, however, no extension shall be based upon
any water or sewer moratorium which was in effect as of the date of
the filing of a preliminary application.
J.
Once the owner/applicant has received final approval,
as indicated by the signatures of the Chairman of the Board of Supervisors
and the Township Secretary, he shall file his plan with the Butler
County Recorder of Deeds within 90 days thereafter. Failure to record
within the time limit shall render the plan null and void, requiring
submittal of the plan for reapproval.
K.
In the case of a lot consolidation or minor (1/4 acre,
10,890 square feet or less) reciprocal transfer of equal land areas
between two property owners, administrative review and approval by
the Township Zoning Officer and Township Engineer shall replace the
two-step Planning Commission recommendation and Board of Supervisors
approval process, as follows:
(1)
The consolidation or reciprocal transfer shall not
create lots or parcels in violation of any current applicable zoning
requirements nor create situations detrimental to health, safety or
welfare of the general public.
(2)
Lots proposed for consolidation or reciprocal transfer
may be legally nonconforming at the time of review, but in no case
shall a lot be made nonconforming by the action proposed.
(3)
Said administrative review and approval by the Township
Zoning Officer and Township Engineer shall be followed by the signing
of the plat by the Chairman of the Board of Supervisors and attested
by the Township Secretary prior to recording at the Butler County
Recorders Office.
(4)
Administrative denial of a consolidation or reciprocal
transfer plan may be referred to the Board of Supervisors on appeal,
whose decision shall be binding.
A.
Any owner/applicant seeking approval of a major subdivision
plan is urged to present his concept plan at a regular meeting of
the Adams Township Planning Commission. The owner/applicant shall
request from the Zoning Officer, at least 25 days prior to the meeting,
a preapplication review and discussion.
B.
The material presented should include a scaled plan
of the property to be developed, including lot layout, adjacent public
roads (location and widths), streams, easements (location and widths),
natural and man-made features presently on the property, utility lines
to serve the development and proposed use of the property or parts
of the property as the result of the development activities proposed.
C.
The purpose of the meeting is to acquaint the Planning
Commission with the proposed development, to indicate to the owner/applicant
the constraints upon development contained in this chapter and other
municipal ordinances upon the proposed development, to discuss the
impact of the proposal upon the Township and to suggest to the owner/applicant
the procedures he should follow to gain approval. Such review and
comment shall not be related to any time limit and shall not be binding
on any subsequent action of the Township.
D.
The owner/applicant shall be apprised of the required
method of payment for costs associated with consultant review fees,
technical reports, inspections and related services. Owner/applicant
shall be responsible for all such costs.
A.
Owners/applicants seeking approval of a major subdivision
shall submit three copies of all application materials to the Zoning
Officer, including an eight-and-one-half-inch by eleven-inch transparency
not less than 28 days prior to the regular Planning Commission meeting
at which the plan is to be presented.
B.
The Planning Commission shall review the submitted
documents at its next regularly scheduled meeting, following a determination
by the Zoning Officer that it is a completed application, in the presence
of the owner/applicant or his representative. The Commission may table
the submission if the owner/applicant or his representative are not
present and/or certain aspects of the plan as submitted are deficient.
The completed submission shall be reviewed as to its conformance with
the requirements of this chapter and with other applicable Township
regulations. If the Commission is satisfied that all requirements
have been met, it shall submit it's recommendations to the Board of
Supervisors.
C.
Professional consulting services deemed appropriate
by the Township for review of the plan shall be paid by the owner/applicant.
In addition to the administrative fee, applicants shall deposit with
Adams Township funds in the form of an escrow account or cash deposit
in an amount required to cover the costs of consultants to review
and comment on the application submitted. Such escrow accounts or
deposits shall be as identified in the schedule of fees adopted by
the Board of Supervisors.
D.
If the Commission is not satisfied that all requirements
have been met, it will indicate the specific deficiencies to the owner/applicant
in writing. The owner/applicant shall then make appropriate revisions
and additions to the plan documents before again submitting them for
a preliminary approval. The application may be forwarded with deficiencies
noted. The Commission may call and hold a public hearing on the development
proposal, properly noticed, provided such hearing is commenced within
45 days of receipt of a completed application.
E.
The Board of Supervisors shall render a decision as
to approval, disapproval or approval with conditions not later than
90 days following the date of the meeting at which the preliminary
application was initially reviewed by the Planning Commission, and
not subsequently rejected due to incompleteness. The decision shall
be based on the recommendations of the Planning Commission, field
visits to the property proposed to be divided or developed and the
comments of the County Planning Commission. The official decision
shall be transmitted in writing to the owner/applicant at his address
of record not later than 15 days after the decision is reached indicating
specifically, when the approval is denied, the reasons for denial,
citing the appropriate chapter section and the steps needed to gain
compliance.
F.
Failure to render a decision. Failure of the Board
of Supervisors to render a decision and/or communicate it to the owner/applicant
within the time and in the manner specified in this section shall
be deemed an approval of the application as presented unless the owner/applicant
has agreed in writing to an extension of time or change in the manner
of presentation of communication of the decision.
G.
Amendment of ordinances affecting applications. From
the time an application for approval of a subdivision or land development
is duly filed and while such application is pending approval or disapproval,
no change or amendment of this chapter or other regulations affecting
development in the Township shall influence the decision on such application
adversely to the owner/applicant, and the owner/applicant shall be
entitled to a decision in accordance with the provisions of this chapter
and others affecting development in the Township as they stood at
the time the application was duly filed. However, if an application
is properly and finally denied, any subsequent application shall be
subject to any intervening changes in this chapter or other ordinances.
When an application has been approved or approved subject to conditions
acceptable to the owner/applicant, no subsequent change or amendment
to this chapter or other ordinances affecting development in the Township
shall be applied to influence adversely the right of the owner/applicant
to commence and to complete any aspect of the approved development
in accordance with the terms of such approval within five years from
the date of such preliminary approval (See Section 508 of Act 247,
as amended).
H.
Interpretation of approval. Approval of a preliminary
application shall not be construed to constitute final approval but
only an authorization to proceed with preparation of the final plan
application for presentation to the Planning Commission within one
year.
A.
Existing conditions map at a scale of one inch equals
100 feet or larger (i.e., one inch equals 50 feet, one inch equals
40 feet, etc.) showing:
(1)
Contours at five-foot intervals throughout the property
[may be interpolated from United States Geological Survey (USGS) data].
(2)
Boundary of the property indicating bearings and distances
of each line enclosing the property.
(3)
Area of the property.
(4)
Boundaries, where they adjoin the property under consideration,
of abutting properties or lot plans, indicating names of abutting
owners of lot plans within 100 feet of subject property.
(5)
Existing streets or roads abutting the property or
within 50 feet of the parcel boundary line, indicating name, type
of surfacing, right-of-way width and paving width.
(6)
Existing easements, if any, indicating width, bearings,
distances, use and lessee within or adjacent to the property.
(7)
Existing electric, telephone, sanitary sewer, water
and/or gas lines, or other public utility, if any, in abutting streets
or within 50 feet of the boundary of the property, indicating line
(pipe) size, manholes, hydrants and similar appurtenances.
(8)
Existing streams or watercourses on the property or
within 50 feet of the parcel boundary, together with culverts, inlets
and/or storm drain lines, if any.
(9)
Boundaries of the one-hundred-year floodplain from
Federal Emergency Management Agency maps, if applicable.
(10)
Vegetative cover in approximate location and/or
other natural features.
(11)
Existing buildings, structures or other significant
man-made features such as driveways or walls within the property or
within 50 feet of it.
(12)
North arrow, graphic scale, date that map was
prepared, name and address of registered land surveyor who prepared
the map (including his Pennsylvania seal), name of the subdivision
or land development and names and addresses of owners of record of
the property, together with the developer's name and address if not
the owner.
(13)
Vicinity map at a scale of one inch equals 2,000
feet showing the position of the plan relative to major roads and
landmarks in the vicinity.
(14)
Butler County Soils Classification Map.
B.
Subdivision plan at the same scale as the existing
conditions map and combined with it as one drawing if preferable,
showing:
(1)
Proposed lot plan, indicating minimum and typical
lot sizes, minimum and typical lot widths at front building line,
setback line from street rights-of-way, proposed use of each lot and
identification number in each lot running consecutively through the
plan;
(2)
Proposed street plan indicating right-of-way widths,
pavement widths, approximate grades and street names;
(3)
Proposed plan for surface storm drainage management,
including location of culverts, inlets, detention basins, outfalls
and natural drainageways;
(4)
A plan or description for sanitary sewers and/or water
supply systems, whether proposed as public or private, including points
of connection to existing systems;
(5)
Location and size of the area to be set aside for
recreation, community use, common open space or permanent open space,
if any; and
(6)
Proposed location of easements through or into the
plan, indicating width and use.
C.
Soil percolation tests conducted under the direction
of the Township Sewage Enforcement Officer, with the location of the
test holes shown on the subdivision plan and the test hole data shown
separately in the event the plan will not be connected to a public
sewer system.
D.
Water availability and water development impact study:
(1)
Where water to service the plan is intended to be
secured by way of a public water system or an extension of water lines
from a company regulated by the Pennsylvania Public Utilities Commission
or a public authority, the owner/applicant or applicant shall furnish
a letter from such company or authority, in a form acceptable to the
Township, evidencing the availability of water to service the plan
and any applicable conditions thereto.
(2)
In all other cases where the plan will not be served
by an existing public water system regulated by the Pennsylvania Public
Utilities Commission or organized as a public authority, the owner/applicant
shall be required to conduct a water development impact study as hereinafter
set forth. In the event that the water development impact study conducted
for a subdivision or new land development that will not be served
by a public water supply indicates that a reasonable likelihood exists
that the proposed development will not provide for a reliable, safe
and adequate water supply to support the intended uses within the
capacity of available resources, such factors shall constitute grounds
for disapproval of the subdivision or land development plan.
(a)
Exception from water development impact study.
No water development impact study shall be required for the division
of any complete lot, complete parcel or tract of land or part thereof
into not more than 10 lots, parcels or tracts for the imminent or
future conveyance, transfer, improvement, sale or lease and where
there is no intent on the part of the owner/applicant or his successors
that a subsequent division of the original lot, parcel or tract of
land would create a total of more than 10 lots, parcels or tracts
until compliance with the requirements for water development impact
study have been met.
(b)
Provided further, there shall be excepted from
the water development impact study any land development where the
reasonably anticipated water usage is less than 3,500 gallons per
day.
(3)
Conduct and scope of study. The water development
impact study shall be prepared by a registered professional geologist
qualified to conduct groundwater investigations in the Commonwealth
of Pennsylvania. The purpose of this study will be to determine whether
there is an adequate supply of groundwater for the proposed use and
to estimate the impact of the anticipated additional water withdrawal
on existing nearby wells, springs, aquifers and streams.
(4)
Study requirements. The water development impact study
shall be prepared at the developer's expense and shall bear the seal
of and be signed by the person(s) preparing the study. Calculations
of the projected water needs shall utilize the criteria set forth
in the following references as the same may be amended from time to
time:
(a)
Public Water Supply Manual, Bureau of Community
Environmental Control New Bureau of Water Supply and Community Health,
Publication No. 15 by the Pennsylvania Department of Environmental
Protection, Harrisburg, Pennsylvania, Document No. 383-0300-001, Guide
for Determination of Required Fire Flow by the Insurance Services
Office, ISO.
(b)
American Waterworks Association, Denver, Colorado.
(5)
The study shall include the following information:
(a)
A geological map of the groundwater basin(s)
containing the development shall be compiled at a minimum scale of
1:24,000.
(b)
The location of all identified faults, lineaments
and fractures within the area of the geologic map. In addition, a
fracture trace analysis shall be conducted for the development and
the area within 1,000 feet of the development.
(c)
The location of all existing and proposed wells
within the groundwater basin(s) containing the development having
a design capacity to withdraw 72,000 gallons per day or more.
(d)
The location of all existing and proposed on-lot
septic systems and sewer lines within 500 feet of the development.
(e)
The location of all streams, perennial and intermittent,
within 50 feet of the proposed development.
(f)
The location of all existing and proposed mines
of any type within 1,000 feet of the proposed development.
(g)
The location of all existing and proposed oil
or natural gas production or storage wells within 1,000 feet of the
proposed development.
(h)
The location of all existing and proposed gas
storage pools underlying the development or within 1,000 feet of the
development.
(i)
The location of all existing water wells within
1,000 feet of the lot boundary lines of the proposed development.
(j)
A discussion of the hydrologic setting of the
development and its relationship to the groundwater basin(s) in which
it resides.
(k)
A hydrologic budget shall be calculated for
the groundwater basin(s) containing the development and the results
extrapolated back to the area of interest using long-term records
for both streamflow and groundwater levels and long-term precipitation
data. Such data shall be used to determine both extreme and average
water budgets for the basin(s) that include the development. Records
collected at the United States Geological Survey (USGS) stream gage
on Connoquenessing Creek at Hazen, Beaver County (USGS site number
03106000), will be acceptable to the Township for use in the water
budget analysis. With justification, gaged water basins of superior
similarity to the development may be used. Groundwater level records
collected by the USGS for wells in the Pennsylvania Observation Well
Network are recommended for analysis of the groundwater response.
Records for well BT-311 (USGS site number 410501079524401) in Butler
County, well AG-700 (USGS site number 403734080063001) in Allegheny
County, well AR-77 (USGS site number 404626079341001) in Armstrong
County and well BV-156 (USGS site number 403006080252301) in Beaver
County are suggested. The water budget analysis should include a summary
of the expected hydrologic response of the basin(s) to extremes in
precipitation and an analysis (problems, reliability, long-term trends)
of the data used to prepare the budgets. Utilizing the budget which
has been developed, the study shall focus on the relationship of the
development to the basin, including whether it is in a recharge, intermediate
or discharge part of the system and whether there is ample recharge
area for the needs of the community.
(l)
An analysis of the relationship of the development
to the overall hydrologic setting of the groundwater basin(s) and
the expected hydrologic response of the development to the variations
noted in the hydrologic budget analysis of the basin(s).
(m)
The study shall include a minimum of one test
well for each 10 lots or at least one test well for each reasonably
anticipated withdrawal of 5,000 gallons per day per development or
part thereof, whichever is less, and for each well constructed shall
include:
[1]
An accurate geologic log shall be kept which
describes the materials penetrated during well construction. Such
descriptions shall include the type, thickness, color, moisture content
and depth encountered of the soil and rock encountered during construction.
In addition, the log will note the depth, nature and water yield of
each water-bearing zone encountered during construction. Yield of
the well shall be measured periodically during construction by volumetric
or other quantitative method. The well depth at the time of the measurements,
the yield and other relevant information shall be recorded on the
log.
[2]
An aquifer pumping test of not less than 48
hours duration or such time as is necessary to obtain sufficient data
to characterize the hydrogeological system shall be conducted at a
rate of not less than 150% of the average peak demand of all wells
planned for the development. A minimum well yield of five gallons
per minute per single-family lot or equivalent dwelling unit as defined
by the Pennsylvania Department of Environmental Protection, 25 Pa.
Code § 71.1 shall be used. Such aquifer pumping test shall
include a pumping well and at least one observation well, both completed
to monitor the same hydrologic unit. Pre- and post-pumping water level
data will be collected from the pumping well and all observation wells
for periods of time adequate to correct the data collected during
pumping and to analyze the recovery of the wells following pumping.
Poorly designed or improperly conducted aquifer pumping tests yield
results that are, at best, inconclusive. For this reason, the owner/applicant
is strongly urged to submit to the Township an aquifer pumper test
design for approval prior to conducting the test. A complete log of
the pumping test shall be maintained and submitted as part of the
report.
[a]
An analysis of a water sample,
collected from the well at the end of the aquifer pumping test and
submitted to a Department of Environmental Protection certified laboratory
to determine its compliance with Environmental Protection Agency Safe
Drinking Water parameters, shall be provided to the Township for each
well and a copy of such test results shall be submitted with the study.
[3]
To determine the impact of the development on
existing wells, a sample of the existing wells, necessary to characterize
the hydrogeology of the development, shall be monitored for changes
in water level. Water level monitoring in these wells shall be sufficient
to construct a hydrograph for each well showing a continuous record
of water levels before, during and after the aquifer pumping test.
[4]
The discharge of the pumping well shall be periodically
and accurately measured during the aquifer pumping test. The results
of the measurements and the time they were taken shall be recorded
on the pumping test log.
[5]
A copy of the Pennsylvania Department of Environmental
Protection Water Well Completion Report Form, or such successor form
for each well constructed as part of this study, shall be included
in the report.
(n)
The study shall analyze and interpret all relevant
data regarding the anticipated impact of the proposed development
on the groundwater supply and existing wells within 1,000 feet of
the proposed development. The credentials of the person(s) preparing
the report shall be included and conclusions shall be drawn from the
analysis with respect to:
[1]
The availability of sufficient water for the
proposed development and existing wells.
[2]
The probable effects of long-term pumping of
the wells proposed for construction in the development on the groundwater
levels of the development; the groundwater levels of the property
adjacent to the development; and on the water budget of the groundwater
basin(s) in which the development is proposed, including the probable
effects during drought conditions.
[3]
Whether the groundwater recharge in the groundwater
basin(s) serving the subject property after development, during drought
conditions (where the 12 months precipitation deficit is 40% of average
annual precipitation) will exceed the anticipated water usage and
whether the proposed development will lower the groundwater table
in the area to the extent of decreasing the groundwater supply available
to other property below acceptable levels. Comprehensive analysis
may include development of probability curves to provide a substantial
statistical basis for determining how frequently a drought is likely
to occur.
(o)
The location, nature and potential influence
of possible sources of groundwater contamination within the development
or up grade of the development. Such sources would include, but not
be limited to, occupied or abandoned industrial sites, above and below
ground fuel storage tanks, agricultural chemical storage handling
and application areas, waste handling and disposal facilities, active
or abandoned mining operations and active or abandoned oil or gas
wells.
(p)
The impact of projected consumptive use on the
groundwater system shall be included in the analysis of the water
budget for the development. Such analysis shall include, but not be
limited to, the consequences on the water budget of diversions of
water due to public sanitary sewerage, stormwater management and such
other alterations to the hydrologic system that may result from construction
of the development itself or from existing or proposed construction
upgradient of the development.
A.
Having received preliminary plan approval, an owner/applicant
shall, within one year of receiving such approval, submit at a minimum
three copies of all documentation required for final plan approval
to the Zoning Officer. Failure to present the plan for final approval
within one year shall render the preliminary approval void.
B.
The application and all required material, including
an eight-and-one-half-inch by eleven-inch transparency if a revision
to the approved preliminary plan has been made, shall be submitted
at least 28 days prior to the date of Planning Commission meeting
and may be for all or a part (phase) of the plan given preliminary
approval, but the portion submitted shall be consistent in key design
elements as identified on the approved preliminary plan, including
the location of primary and backup on-lot septic systems where applicable.
A key map shall be provided on the final plan showing the location
and boundaries of the submitted part (phase) of the overall plan.
C.
The Planning Commission shall review the submitted
documents at its next regularly scheduled meeting, following a determination
by the Zoning Officer that it is a completed application, in the presence
of the owner/applicant or his representative. The Commission may table
the submission if the owner/applicant or his representative are not
present and certain aspects of the plan as submitted are deficient.
The completed submission shall be reviewed as to its conformance with
the requirements of this chapter and with other applicable Township
regulations. If the Commission is satisfied that all requirements
have been met, it shall submit it's recommendations to the Board of
Supervisors.
D.
If the Commission is not satisfied that all requirements
have been met or that the final plan application deviates substantially
from the preliminary approved application, it will indicate the specific
discrepancies and/or deficiencies to the owner/applicant in writing.
The owner/applicant shall then make appropriate corrections to the
documents before again submitting them for final approval. The Commission
may recommend that the Board retain professional review assistance
as provided for in this article.
E.
The Planning Commission shall send its recommendations
in writing to the Board of Supervisors indicating approval, disapproval
or approval with conditions.
F.
The Board of Supervisors shall review the recommendations
of the Township Planning Commission and the comments of the County
Planning Commission. The Board may call and hold a public hearing
on the final plan application, properly noticed. The Board shall make
its final decision, either approval, approval with conditions or rejection
of the final plan application, not later than 90 days after the meeting
of the Planning Commission at which the final plan application was
first presented and not subsequently rejected by the Commission. The
official decision shall be transmitted in writing to the owner/applicant
at the address of record not later than 15 days after the date of
the decision, indicating specifically, if the approval is denied,
the reasons for denial, citing the appropriate chapter section and
the steps needed to gain approval (see Section 508 of the Pennsylvania
Municipalities Planning Code, Act 247, as amended).
G.
Failure of the Board of Supervisors to render a decision
and/or to communicate it to the owner/applicant within the time and
in the manner required above shall be deemed an approval of the application
as presented to the Board unless the owner/applicant has agreed in
writing to an extension of time or change in the prescribed manner
of presentation of the decision, in which case failure to meet the
extended time or change in manner of presentation of communication
shall have the same effect (see Section 508 of the Pennsylvania Municipalities
Planning Code, Act 247, as amended).
A.
The affixing of the signature of the Chairman of the Board of Supervisors and others as required by § 167-16 shall render the final plan application ready for recording.
B.
Upon the approval a final plat, the developer shall,
within 90 days of such final approval or 90 days after the date of
delivery of an approved plat signed by the Township Board of Supervisors,
following completion of conditions imposed for such approval, whichever
is later, record such plat in the office of the Recorder of Deeds
of Butler County. Whenever such plat approval is required by the Township,
the Recorder of Deeds of Butler County shall not accept any plat for
recording unless such plat officially notes the approval of the Board
of Supervisors and review by the Butler County Planning Commission.
C.
Submit copy (paper) of recorded plat to Adams Township.
A.
Final plan map; general information.
(1)
The map scale shall be either one inch equals 50 feet
or one inch equals 100 feet.
(2)
The map shall be prepared in ink on Mylar material
and three copies submitted; in addition a digital version in a format
specified by the Township shall be submitted as well as a eight-and-one-half-inch
by eleven-inch transparency.
(3)
If final plan approval is sought for only a part of
the area for which preliminary plan approval has been granted, a key
map shall be provided showing the relationship of the area for which
final approval is requested to the area granted preliminary approval.
(4)
A title block in the lower right hand corner of the
plan sheet containing:
(a)
Title approved by the Planning Commission under
which the subdivision or development plan is to be recorded;
(b)
Date of submission of the plan;
(c)
Graphic scale;
(d)
Name and address of landowner and/or applicant,
if different; and
(e)
Name and address of registered land surveyor
who prepared the plan with his Pennsylvania seal affixed.
(5)
Certificates and acknowledgments, as may be required:
(a)
Individual or corporate adoption, notarized;
(b)
Individual or corporation acknowledgment, notarized;
(c)
Guarantee of title and mortgagee's consent to
recording, if applicable, notarized;
(d)
Engineers and surveyors certificates, sealed;
(e)
Review by County Planning Commission;
(f)
Recommendation by Township Planning Commission;
(g)
Approval by Board of Supervisors;
(h)
Release of Adams Township from obligations to
construct improvements;
(i)
Approval of any variance, if granted;
(j)
Approval of conditional use status, where applicable;
(k)
Proof of recording; and
(l)
State highway occupancy notice, if access is
to a state highway.
B.
Final plan map; information on plan.
(1)
Perimeter boundary line of area for which final plan
approval is sought, indicating bearings and distances of each line.
(2)
Street right-of-way lines, indicating bearings to
the nearest second and distances of lines, radii and lengths of curves
and right-of-way width to the nearest hundredth of a foot.
(3)
Subdivision or lot lines, indicating bearings and
distances of lines and radii and length of curves to the same accuracy
as for streets.
(5)
Easement right-of-way lines, indicating bearings and
distances, widths and use of easement.
(6)
Names of all streets.
(7)
Lot or parcel numbers in each lot conforming to approved
preliminary plan.
(9)
Location of any lands within the property to be dedicated
for public use, public recreation or open space, such land to be designated
for a specific use on the plan and dimensioned as for other lots.
(10)
Area of each parcel of land to be sold to the
nearest 0.01 of a square foot.
(11)
Names of owners of unplatted adjacent property
and names of adjacent lot or development plans, in appropriate locations.
(12)
North arrow.
C.
Supplemental information.
(1)
Sewage disposal; treatment on individual lots: approximate
location of soil test sites approved by the Sewage Enforcement Officer
within the plan and approximate location of absorption fields on each
lot, as required by current Department of Environmental Protection
regulations.
(2)
Water supply:
(a)
Supply from on-lot well: approximate location
of well on each lot and volume of water capable of being produced,
expressed in gallons per minute;
(b)
Attachment to existing system: location of proposed
lines indicating size and material, hydrants, valve boxes, point of
connection to existing system and any storage or pumping facilities
in the plan.
(3)
Stormwater, grading and erosion control:
(a)
The location of culverts, catch basins and subsurface
storm lines, with size, pipe material and direction of flow;
(b)
The location of stormwater detention facilities
and staged release structures, together with a section through the
release structure showing elevations of inlet and outflow pipes and
maximum water level, overflow dam, freeboard and other features;
(c)
Where grading is to occur, the area to be disturbed
shall be shown as well as the percentage of slope to be created and
those methods proposed to contain erosion from the graded slopes;
and
(d)
Proposed planting of the slopes and means of
directing stormwater around the top and toe of the slope.
(4)
Profiles and typical cross sections of public improvements
shall be shown at the same horizontal scale as the final plan map,
but the vertical scale should be exaggerated for clarity. Existing
and proposed grades along the center lines and existing and proposed
grades indexed at ten-foot vertical intervals shall be shown:
(a)
Profiles along center line of each section of
street to be constructed showing existing ground elevation, proposed
grades, vertical curves connecting changes in grade and connection
to existing roads;
(b)
Typical cross section through proposed streets
between right-of-way lines showing depth and widths of materials to
be used to meet Township road construction standards;
(c)
Profiles along the center line of each section
of storm drain line, indicating line size, material and slope, inlets,
culverts, points of intersection with other utilities and outfalls;
and
(d)
If attachment to a public sewage disposal system
is proposed, the rules and regulations of the municipal authority
with jurisdiction shall dictate.
D.
Titles and approvals required of the development before
final plan approval can be given.
(1)
A letter from the Municipal Sewage Enforcement Officer
attesting that lots to be sold are sufficient in area to accommodate
on-lot sewage disposal and water supply within the requirements of
the commonwealth law, based on soil percolation tests conducted by
the Officer;
(2)
If the plan will be connected to existing public sewage
disposal and/or water supply systems, letters from the utilities indicating
they will accept sewage and/or provide water to the plan as well as
a certificate of public convenience from the Pennsylvania Public Utilities
Commission or a copy of an application for such a certificate provided
by the water supplier;
(3)
An accounting by a registered professional engineer
or professional land surveyor preparing the submission of all costs
for constructing improvements to be provided by the owner/applicant.
Costs shall be broken down into quantities, unit costs and totals;
(4)
The form of an improvement bond, or other security
written to the benefit of the Township, approved by the Township Solicitor
and ready for the signatures of the Board of Supervisors, equal in
value to 110% of the estimated cost of installing the improvements
and may include 10% for each year after the first year that the improvements
will be under construction;
(5)
Any restrictive covenants, deed restrictions and/or
rights of easement in the form in which they will be filed as legal
documents; and
(6)
If the proposed plan includes access to a state highway,
the final plan map shall bear a notice that a highway occupancy permit
is required, pursuant to Section 420 of the State Highway Act, before
access to the adjacent state highway will be permitted.
E.
Resubdivision. Where a plat was previously recorded
containing lots specifically proposed for multifamily residential
development, and subsequent transfer of individual units is indicated,
administrative review and approval by the Township Zoning Officer
and Township Engineer shall replace the two-step Planning Commission
recommendation and Board of Supervisors approval process as follows:
(1)
The resubdivision shall not create lots or parcels
in violation of any current applicable zoning requirements nor create
situations detrimental to health, safety or welfare of the general
public.
(2)
Said administrative review and approval by the Township
Zoning Officer and Township Engineer shall be followed by the signing
of the plat by the Chairman of the Board of Supervisors and attested
by the Township Secretary prior to recording at the Butler County
Recorders Office.
(3)
Administrative denial of a resubdivision plan may
be referred to the Board of Supervisors on appeal, whose decision
shall be binding.
A.
In lieu of the completion of the required public improvements
and in the alternative, as a condition of final plan approval, the
Board of Supervisors shall require the owner/applicant to deposit
a corporate bond or other surety acceptable to the Board to be held
in escrow and equal to the total estimated cost of site development,
as determined by the developer's engineer and approved by the Township
Engineer, of all improvements to be constructed, plus 10%, to serve
the approved final plan and agreed to by the owner/applicant and Adams
Township. All required improvements shall be completed within five
years of the date of the final plan application approval unless the
Township and the owner/applicant agree jointly to an extension of
time. If the improvements are not completed within the agreed time
period or approved extension, the Township may have the securities
held in escrow, declared forfeit and shall utilize them to complete
the improvements not at the time of forfeit complete (see Section
509 of the Pennsylvania Municipalities Planning Code, Act 247, as
amended).
B.
The amount of the financial security to be posted
for the completion of the required improvements shall be equal to
110% of the cost of completion all of the required improvements estimated
as of 90 days following the date scheduled for completion of the improvements
by the developer.
C.
The owner/applicant may request the Board of Supervisors
to provide him with a signed copy of a resolution indicating approval
of the final plan contingent upon the owner/applicant obtaining satisfactory
financial security. The final plan shall not be signed by the Chairman
of the Board until after the security bond is executed. The resolution
shall be deemed revoked if the owner/applicant fails to secure the
financial security within 90 days of the date of the resolution.
D.
The form of the financial security shall be reviewed
and approved by the Township Solicitor. Provisions for reevaluating
the amount of the security or surety bond on the value of work still
to be completed at the end of each year after the commencement of
the project may be included.
E.
If the owner/applicant's engineer and the Township's
Engineer cannot agree on the amount of the financial security, or
if the Township's Engineer recommends to the Board of Supervisors
that the Board refuse the developer's estimate, the Board and the
owner/applicant shall agree to retain and share the expenses of a
third registered professional engineer who shall recalculate the improvements
costs and provide a final estimate presumed to be fair and reasonable.
F.
Any improvements to be later maintained by a public
authority or private utility company shall be installed and bonded
in accordance with the authority or Public Utility Commission regulations.
A.
The owner/applicant shall contact the Township Engineer
before placing subbase or paving any vehicular street, before backfilling
any sanitary or storm sewers, water lines, retaining wall foundations
or any other structures which are part of the improvements covered
by the bond and shall not backfill until authorized to do so by the
Township Engineer.
B.
When the owner/applicant has completed all the necessary
improvements, he shall notify the Secretary of the Board of Supervisors
by registered mail of the completion of the improvements and shall
send a copy to the Township Engineer (See Section 510 of Act 247,
as amended).
C.
The Board of Supervisors shall, within 10 days after
receipt of such notice, direct and authorize the Township Engineer
to inspect all the improvements.
D.
Having made his inspection, the Township Engineer
shall file a detailed report in writing with the Board of Supervisors,
not later than 30 days after receipt of the authorization to proceed,
with a copy of the report sent by registered mail to the owner/applicant.
The report shall be detailed and indicate approval or rejection of
the improvements either in whole or in part. In the event that the
Township Engineer shall not approve or shall reject any or all of
the improvements, his report shall contain a statement of specific
reasons for each such failure to approve or reject. Upon receipt of
the Township Engineer's report, the Board of Supervisors shall, within
the next 15 days after its regular monthly meeting next succeeding
receipt of the report, notify the owner/applicant in writing by registered
mail of its action relative to the Township Engineer's report.
E.
If the Board or the Township Engineer fails to comply
with the time limitation provisions of this section, all improvements
requested by the owner/applicant to be inspected will be deemed to
have been approved, and the owner/applicant shall be released from
all liability pursuant to his performance guaranty bond or other security
agreement covering only the improvements he requests be approved.
F.
If any portion of the improvements are not approved
or are rejected by the Board of Supervisors, the owner/applicant shall
proceed to repair and complete the improvements so designated, and
upon completion the same procedure of notification as outlined above
for inspection and approval shall be initiated.
G.
Nothing in this section shall be construed to limit
the developer's right to contest or question by legal proceedings
or otherwise any determination of the Board of Supervisors or Township
Engineer.
H.
If any improvements covered by the developer's bond
or other security have not been installed within five years of the
date of final approval of the subdivision or development plan by the
Board of Supervisors (unless the Board and owner/applicant mutually
agree to an extension of specific length), the Board of Supervisors
shall have the power to enforce the bond or other security by appropriate
legal action and equitable remedies. If proceeds of such bond or other
security are insufficient to cover the cost of installing or making
repairs or corrections to all the improvements covered by bond or
security and found unacceptable or left uninstalled, the Board of
Supervisors, at its option, may install such improvements and may
institute appropriate legal or equitable action to recover the funds
necessary to complete the improvements. All of the proceeds, whether
resulting from any legal or equitable action brought against the owner/applicant,
or both, shall be used solely for the installation of improvements
covered by such security and for no other Township purpose.
I.
The owner/applicant shall submit to the Township as-built
drawings of all stormwater management facilities installed, including
the type and location of inlets, piping sizes, location and design
of detention facilities and staged discharge units.
J.
Partial release of improvement bond.
(1)
The Board of Supervisors shall establish by resolution
a schedule of charges based on the Engineer's normal hourly rates
and expenses and amounts to be established as escrow accounts or deposits
to cover consultant's review fees and inspections.
(2)
As the work of installing the required improvements
proceeds, the party posting the financial security may request the
Board of Supervisors to release or authorize the release, from time
to time, 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 completed in accordance with the approved plat.
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.
(3)
The Board, on receiving the Engineer's certification
approving release of a specific part of the bond, shall authorize
the bonding company or lending institution to release the requested
amount.
(4)
Failure of the Board to act within the forty-five-day
limit shall constitute approval of release of the part of the bond
requested by the owner/applicant unless both parties agree to an extension
of time.
(5)
Until completion and satisfactory inspection by the
Engineer of all improvements in the plan, at least 10% of the estimated
cost of the improvements shall be retained by the Township.
K.
Owner/applicant reimbursement of Township expenses.
The owner/applicant shall reimburse the Township for reasonable and
necessary expenses incurred by the Township's Engineer for the inspection
of improvements up to final approval, and the preparation of reports
thereon.
(1)
The Board of Supervisors shall establish by resolution
a schedule of charges based on the Engineer's normal hourly rates
and expenses. The owner/applicant shall be furnished a copy of said
resolution upon request.
(2)
The owner/applicant shall deposit with the Township,
following the granting of final approval, a sum as determined by the
Board of Supervisors by resolution for the purpose of reimbursing
the Township Engineer for inspection costs related to the installation
of public improvements. At such time that drawdowns from the deposit
result in a balance of $500 or less, additional monies shall be deposited.
(3)
The Engineer shall provide a detailed breakdown of
his allocation of time to particular aspects of the inspection and
shall submit his statement to the Township Secretary.
(4)
The Township Secretary shall submit copies of inspection
reports, at cost, to the owner/applicant, if requested in writing.
(5)
In the event the applicant disputes the amount of
any such expense in connection with the inspection of improvements,
the applicant shall, within 10 working days of the date of billing,
notify the Township that such expenses 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.
(6)
If, within 20 days from the date of billing, the Township
and the applicant cannot agree on the amount of expenses which are
reasonable and necessary, then the applicant and Township shall jointly,
by mutual agreement, appoint another professional engineer licensed
as such in the Commonwealth of Pennsylvania to review said expenses
and make a determination as to the amount thereof which is reasonable
and necessary.
(7)
The professional engineer so appointed shall hear
such evidence and review such documentation as the professional engineer
in his or her sole opinion deems necessary and render a decision within
50 days of the billing date. The applicant shall be required to pay
the entire amount determined in the decision immediately.
(8)
In the event that the Township and applicant cannot
agree upon the professional engineer to be appointed within 20 days
of the billing date, then, upon application of either party, the President
Judge of the Court of Common Pleas of the judicial district in which
the municipality is located (or if at the time there be no President
Judge, then the senior active Judge then sitting) shall appoint such
engineer, who, in that case, shall be neither the Township Engineer
nor any registered professional engineer who has been retained by,
or performed services for, the Township or the applicant within the
preceding five years.
(9)
The fee of the appointed registered professional engineer
who determines the reasonable and necessary expenses shall be paid
by the owner/applicant if the amount due is equal or greater than
the original bill. If the amount of payment required is less than
the original bill by $1,000 or more, the Township shall pay the fee;
otherwise the fee shall be paid equally by the owner/applicant and
the Township.
A.
Approval of construction shall not constitute an acceptance
for repairs or maintenance by the Township. All improvements shall
remain in private ownership until such time as their dedication shall
have been accepted by ordinance or resolution of the Board of Supervisors
or until condemned for public use.
B.
Upon the completion of all improvements in a plan
and their approval by the Township, the owner/applicant shall post
a maintenance bond or other surety in favor of Adams Township in an
amount not to exceed 15% of the actual cost of installation of all
the accepted improvements to run for a period of not more than 18
months from the date of acceptance by ordinance of dedication. Such
bond or surety shall secure the structural integrity of said improvements
as well as the functioning of said improvements in accordance with
the design and specifications as depicted on the approved plat.
C.
Upon submittal by the owner/applicant of as-built
plans of the recorded plat, the posting of the required maintenance
bond, the submittal of copies of any deed restrictions placed on the
subject property, modifications granted (if applicable), a legal description
of all public improvements installed, specifically road rights-of-way,
and a certification by the owner/applicant's registered professional
surveyor that all required control monumentation has been installed
as shown on the recorded plan, monies remaining in the deposit for
inspection costs shall be returned.
