Article III Plan Processing Procedures

The procedures set forth in this article shall be followed for all subdivision and/or land development plans.

The Board of Supervisors have the authority to approve, conditionally approve, or disapprove applications that are processed under this chapter. The Township Planning Commission, Township Engineer, other professional consultants hired by the Township, various Township officials, and Centre County Planning Commission are advisory to the Board of Supervisors.

The preapplication review specified in § 290-10 is voluntary. Applicants are urged, but not required, to discuss possible development sites and plans with the Township Planning Commission, while the project is at an early stage.

Two mandatory plan processing procedures are § 290-11, Preliminary plan application, and § 290-12, Final plan application. The magnitude of the project dictates the applicability of each mandatory plan processing procedure. The procedures are sequential. Successful completion of the preliminary plan application must be obtained prior to submission of the final plan application.

A preliminary plan application in § 290-11 is required for subdivision or land development that includes construction of streets, stormwater detention/retention basins, sanitary sewer conveyance lines (not laterals), and/or water conveyance lines (not laterals). Approval of the preliminary plan entitles the applicant to submit final plans in accordance with the terms of the preliminary plan.

A final plan application in § 290-12 is required for all subdivision or land development, except for those projects that qualify for an alternative plan process in § 290-13. Approval of the final plan concludes with the recording of the plan which authorizes the construction of public/private improvements, and the selling of land.

Alternative plan processing procedures in § 290-13 provide an abbreviated process for elderly care housing opportunity (ECHO), farm housing, lot annexation, revised record plan, minor subdivision, and minor land development.

This article also includes waiver provisions in § 290-14 which allow the Board of Supervisors to modify provisions of the chapter as they apply to a specific project.

§ 290-10 Preapplication review.

Applicants are urged, but not required, to discuss possible development sites and plans with the Township Planning Commission prior to submission of the preliminary or final plans. The purpose of the preapplication meeting is to afford the applicant an opportunity to receive the recommendations of the Township, while the project is at an early stage. Request for a preapplication review shall not constitute formal filing of a plan.

A request for a preapplication review shall be submitted to the Township Secretary, or designee, at the Township municipal office at least 15 days prior to the Township Planning Commission meeting in order to be placed on the agenda. Submissions that are not received prior to the closing date will not be reviewed at the meeting. The request shall include one application form (see Appendix No. 6[1]). To aid in the effectiveness of the preapplication review, it is recommended that the application include at least three paper copies of the design plan. The submission of eight paper copies of the design plan will provide copies of the plan to members of the Planning Commission and Board of Supervisors.

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

Individuals are permitted to discuss proposals at a Township Planning Commission meeting without the submission of an application or the benefit of a plan; however, the Township Planning Commission's ability to assist the applicant will be greatly limited.

In addition to the above, applicants may request that a preapplication review be submitted to the Board of Supervisors for comments following the Township Planning Commission meeting. When requested, the Township will advise the applicant of the meeting date at which the preapplication review is scheduled.

§ 290-11 Preliminary plan application.

Projects that require preliminary plan procedure. A preliminary plan application is required for subdivision or land development that includes construction of streets, alleys, stormwater detention/retention basins, sanitary sewer conveyance lines (not laterals), and/or water conveyance lines (not laterals). The following is a generalized graphic depiction of the preliminary plan schedule.[1] Refer to the text of the chapter for the specific and detailed description.

[1]

Editor's Note: Said schedule is included as an attachment to this chapter.

Submission procedure.

(1)

Preliminary plans shall be submitted to the Township Secretary, or designee, at the Township municipal office on any business day. However, preliminary plans must be submitted 14 days prior to the Township Planning Commission meeting in order to be placed on the agenda. Submissions that are not received prior to the closing date will not be reviewed at the meeting.

(2)

The application record shall be closed 14 days before the Planning Commission meeting at which the plan will be considered, to allow time to examine the plans and all appropriate supporting documentation. The Township will not accept changes or amendments to the application after this date, unless the applicant applies for a rescheduling of the meeting at which the preliminary plan will be considered by the Planning Commission and makes suitable provision for an extension of the review time.

(3)

Applicants are encouraged to submit a sewer facilities plan revision or supplement in conjunction with the preliminary plan to avoid unnecessary delays in obtaining revision or supplement approval prior to the final plan stage.

Application requirements. All preliminary plan applications shall include the following:

(1)

A minimum of three copies of the preliminary plan and all reports, notifications and certifications which are specified in § 290-16. Additional copies of the preliminary plan and reports may be required by the Township. The submission of eight paper copies of the design plan will provide copies of the plan to members of the Planning Commission and Board of Supervisors.

(2)

One application form (see Appendix No. 6).[2]

[2]

Editor's Note: Said appendix is included as an attachment to this chapter.

(3)

Filing fee as set by resolution of the Board of Supervisors (see fee schedule available at the Township municipal office).

(4)

A review by Centre County Planning Commission or evidence of submission to the county.

Review for completeness of application. The Township Secretary, or designee, shall check the plans and documents to determine if the application, documents, fee, and number of copies required by this chapter are provided. If defective, the application may be returned to the applicant with a statement of rejection, within the seven day period; otherwise, it shall be deemed accepted for filing as of the date of submission. Acceptance for filing shall not, however, constitute a waiver of any deficiencies or irregularities. The applicant may appeal a decision by the Township Secretary under this section to the Board of Supervisors.

Distribution.

(1)

The Township Secretary, or designee, shall distribute one copy of the preliminary plan to the Township Planning Commission, Board of Supervisors, Township Engineer, and, if deemed necessary, other officials.

(2)

Delivery of the application, plans, reports, and other material to the Centre County Planning Commission shall be the responsibility of the applicant.

Reviewing agencies.

(1)

The preliminary plan is reviewed by the Township Engineer, County Planning Commission, and, if deemed necessary, other officials. These reviewers will report their findings to the Township Planning Commission and the Board of Supervisors.

(2)

The Centre County Planning Commission will be provided with 30 days from the date the application was delivered to them by the applicant to transmit their comments on the plan.

(3)

The preliminary plan will be placed on the Township Planning Commission agenda for a meeting which is at least 14 days following submission. Attendance at the Township Planning Commission meeting by the applicant or authorized agent is mandatory to establish the acceptance or rejection of any recommendations and to avail the application to the below procedure for compliance with the recommendations of the Planning Commission.

(4)

All plan reviews shall be based upon provisions of this chapter, as well as other applicable ordinances. All comments shall cite the provision of the ordinances relied upon or be specifically designated as a suggestion.

Compliance with recommendations of the Township Planning Commission. In order to avoid the Township Planning Commission's recommendation for disapproval, the applicant is encouraged to comply with the recommendations of the Township Planning Commission. Should the applicant elect to revise the preliminary plan in accordance with the recommendations of the Township Planning Commission, prior to their report to the Board of Supervisors, three copies of the revised data and one application form shall be submitted to the Township Secretary, or designee, at the Township municipal office, on any business day, at least 14 days prior to the Township Planning Commission meeting in order to be placed on the agenda. Submissions that are not received prior to the closing date will not be reviewed at the meeting. Revised plans will be distributed and reviewed in accordance with § 290-11E and F.

Ruling on the preliminary plan.

(1)

The applicant will be advised of the scheduled meeting for consideration of the preliminary plan by the Board of Supervisors. Attendance at the Board of Supervisors meeting by the applicant or authorized agent is mandatory. The applicant or authorized agent must be prepared to establish the acceptance or rejection of any conditions of approval. The acceptance or rejection of the conditions of approval will be entered into the minutes of the Board of Supervisors. The acceptance of conditions will also be acknowledged in writing (see Appendix No. 8).[3] If there is no acceptance of conditions of approval, the plan will be disapproved.

[3]

Editor's Note: Said appendix is included as an attachment to this chapter.

(2)

The Board of Supervisors shall approve, conditionally approve, or disapprove the preliminary plan no later than the greater of the period of time required by the Municipalities Planning Code[4] or 90 days following the date of the regular meeting of the Planning Commission that following the date the application was filed; provided, however, should Planning Commission meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the date the application was filed. The Board of Supervisors shall provide the applicant with written notice of its decision within 15 days thereafter.

[4]

Editor's Note: See 53 P.S. § 10101 et seq.

(3)

Should the applicant grant an extension of time within which the Board of Supervisors may act upon the preliminary plan and/or render a written decision, the Board of Supervisors shall act in accordance with the limits of such extension of time.

Notification of ruling.

(1)

The ruling of the Board of Supervisors shall be in the form of a written notice. The written notice shall cite the conditions of approval, if any, and/or any plan defects, citing to specific sections of this chapter, any applicable statute, or applicable Township ordinance. The written notice shall be presented to the applicant personally or mailed to him at his last-known address not later than 15 days following the decision. Refusal by the applicant to accept conditions of approval shall constitute disapproval of the plan.

(2)

In the event that any waiver of requirements from this chapter is deemed necessary by the Board of Supervisors, the waiver and the reasons for its necessity shall be entered into the minutes of the Board of Supervisors.

(3)

When the preliminary plan is not approved in terms as presented to the Board of Supervisors, the decision shall specify the defects found in the application and, in each case, cite the provisions of the chapter.

(4)

Approval of the preliminary plan entitles the applicant to final plan submission, in accordance with:

(a)

The terms of the preliminary plan;

(b)

Conditions of preliminary plan approval; and

(c)

Final plan requirements.

(5)

Preliminary approval binds the applicant to the plan as approved. The final plan shall be substantially consistent with the approved preliminary plan. Preliminary approval does not authorize the recording, sale or transfer of lots, nor shall this plan be recorded in the office of the Centre County Recorder of Deeds.

(6)

Unconditional preliminary approval shall expire within five years after being granted, unless an extension is requested by the applicant and approved by the Board of Supervisors. Requests for extensions shall be submitted to the Township at least nine days prior to the Board of Supervisors meeting that precedes the expiration date. The Township has no responsibility to inform the applicant of the termination or pending termination of an application.

Compliance with conditions of approval.

(1)

If the Board of Supervisors conditions its preliminary plan approval upon receipt of additional information, alterations, changes or notifications, such data shall be submitted and/or alterations noted on two copies to be submitted to the Township Secretary, or designee. The applicant shall include a brief, written, descriptive narrative on the submitted data. The conditions of approval must be satisfied to obtain preliminary plan approval.

(2)

Compliance with the conditions of preliminary plan approval must be attained within one year of the Board of Supervisors' ruling on the plan (see § 290-11I), unless an extension is requested, in writing, by the applicant and granted by the Board of Supervisors. Preliminary plans which have not complied with the conditions of approval within the above time frame shall be considered disapproved.

(3)

At the option of the applicant, and upon receipt of an unconditional preliminary plan approval, a preliminary plan may be presented to the Township for signature. (See Appendix Nos. 3 and 4 for certificate.[5])

[5]

Editor's Note: Said appendixes are included as an attachment to this chapter.

§ 290-12 Final plan application.

Projects that require final plan procedure. A final plan application is required for all subdivision and land development plans. When a preliminary plan application is required, in accordance with § 290-11, an application for final plan approval can be submitted only after obtaining preliminary plan approval. The following is a generalized graphic depiction of the final plan schedule.[1] Refer to the text of the chapter for the specific and detailed description.

[1]

Editor's Note: Said schedule is included as an attachment to this chapter.

Consistency with preliminary plan. The final plan shall be substantially consistent with the preliminary plan. The final plan may include sections of an approved preliminary plan, provided each section independently conforms to the chapter, regulations and other standards of the Township, and includes a reasonable portion of the preliminary plan.

Submission procedure.

(1)

Final plans shall be submitted to the designated Township Secretary, or designee, at the Township municipal office, on any business day. However, final plans must be submitted 14 days prior to the Township Planning Commission meeting in order to be placed on the agenda. Submissions that are not received prior to the closing date will not be reviewed at the meeting.

(2)

The application record shall be closed 14 days before the Planning Commission meeting at which the plan will be considered, to allow time to examine the plans and all appropriate supporting documentation. The Township will not accept changes or amendments to the application after this date, unless the applicant applies for a rescheduling of the meeting at which the final plan will be considered by the Planning Commission and makes suitable provision for an extension of the review time.

Application requirements. All final plan applications shall include the following:

(1)

A minimum of three copies of the final plan and all reports, notifications and certificates which are specified in § 290-17. Additional copies of the final plan and reports may be required by the Township. The submission of eight paper copies of the design plan will provide copies of the plan to members of the Planning Commission and Board of Supervisors.

(2)

One application form (see Appendix No. 6).[2]

[2]

Editor's Note: Said appendix is included as an attachment to this chapter.

(3)

Filing fee as set by resolution of the Board of Supervisors (see fee schedule available at the Township municipal office).

(4)

A review by Centre County Planning Commission or evidence of submission to the county.

Review for completeness of application. The Township Secretary, or designee, shall check the plans and documents to determine if the application, documents, fee and number of copies required by this chapter are provided. If defective, the application may be returned to the applicant with a statement of rejection, within the seven-day period; otherwise, it shall be deemed accepted for filing as of the date of submission. Acceptance for filing shall not, however, constitute a waiver of any deficiencies or irregularities. The applicant may appeal a decision by the Township Secretary under this section to the Board of Supervisors.

Distribution.

(1)

The Township Secretary, or designee, shall distribute one copy of the final plan to the Township Planning Commission, Board of Supervisors, Township Engineer, and, if deemed necessary, other officials.

(2)

Delivery of the application, plans, reports, and other material to the Centre County Planning Commission shall be the responsibility of the applicant.

Reviewing agencies.

(1)

The final plan is reviewed by the Township Engineer, Centre County Planning Commission, and, if deemed necessary, other officials. These reviewers will report their findings to the Township Planning Commission and the Board of Supervisors.

(2)

The Centre County Planning Commission will be provided with 30 days from the date the application was delivered to them by the applicant to transmit their comments on the plan.

(3)

The final plan will be placed on the Township Planning Commission agenda for a meeting which is at least 14 days following submission. Attendance at the Township Planning Commission meeting by the applicant or authorized agent is mandatory to establish the acceptance or rejection of any recommendations, and establish the intent to avail the application to the below procedure for compliance with the recommendations of the Planning Commission.

(4)

All plan reviews shall be based upon provisions of this chapter, as well as other applicable ordinances. All comments shall cite the provision of the chapter relied upon or be specifically designated as a suggestion.

Compliance with recommendations of the Township Planning Commission. In order to avoid the Township Planning Commission's recommendation for disapproval, the applicant is encouraged to comply with the recommendations of the Township Planning Commission. Should the applicant elect to revise the final plan in accordance with the recommendations of the Township Planning Commission, prior to their report to the Board of Supervisors, three copies of the revised data and one application form shall be submitted to the designated Township Secretary, or designee, at the Township municipal office, on any business day, at least 14 days prior to the Township Planning Commission meeting in order to be placed on the agenda. Submissions that are not received prior to the closing date will not be reviewed at the meeting. Revised plans will be distributed and reviewed in accordance with § 290-12F and G.

Ruling on the final plan.

(1)

The applicant will be advised of the scheduled meeting for consideration of the final plan by the Board of Supervisors. Attendance at the Board of Supervisors meeting by the applicant or authorized agent is mandatory. The applicant or authorized agent must be prepared to establish the acceptance of any conditions of approval. The acceptance or rejection of the conditions of approval will be entered into the minutes of the Board of Supervisors. The acceptance of conditions will also be acknowledged in writing (see Appendix No. 8).[3] If there is no acceptance of conditions of approval, the plan will be disapproved.

[3]

Editor's Note: Said appendix is included as an attachment to this chapter.

(2)

The Board of Supervisors shall approve, conditionally approve, or disapprove the final plan no later than the greater of the period of time required by the Municipalities Planning Code[4] or 90 days following the date of the regular meeting of the Planning Commission that follows the date the application was filed; provided, however, should Planning Commission meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the date the application was filed. The Board of Supervisors shall provide the applicant with written notice of its decision within 15 days thereafter.

[4]

Editor's Note: See 53 P.S. § 10101 et seq.

(3)

Should the applicant grant an extension of time within which the Board of Supervisors may act upon the final plan and/or render a written decision, the Board of Supervisors shall act in accordance with the limits of such extension of time.

Notification of ruling.

(1)

(2)

In the event that any waiver of requirements from this chapter is deemed necessary by the Board of Supervisors, action on the waiver shall be entered into the minutes of the Board of Supervisors.

(3)

When the final plan is not approved in terms as presented to the Board of Supervisors, the decision shall specify the defects found in the application and, in each case, cite the provisions of the chapter.

(4)

When requested by the applicant, in order to facilitate financing, the Board of Supervisors shall furnish the applicant with a signed copy of a resolution indicating approval of the final plan contingent upon the applicant obtaining financial security in a form satisfactory to the Board of Supervisors. The resolution's contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days, unless an extension is requested, in writing, by the applicant and granted by the Board of Supervisors.

Compliance with conditions of approval.

(1)

If the Board of Supervisors conditions its final plan approval upon receipt of additional information, alterations, changes or notifications, such data shall be submitted and/or alterations noted on two copies to be submitted to the Township Secretary, or designee. The applicant shall include a brief, written, descriptive narrative on the submitted data. The conditions of approval must be satisfied to obtain final plan approval.

(2)

If the Board of Supervisors conditions its final plan approval upon receipt of an improvement guarantee, the applicant shall follow either the financial security provision in § 290-20 of this chapter, or the provision for installation of public improvements specified in § 290-21 of this chapter.

(3)

Compliance with the conditions of final plan approval and submission for plan certification must be attained within one year of the Board of Supervisors' ruling on the plan (see § 290-12J), or the Township action on the plan shall be considered a disapproval unless the Board of Supervisors grants a waiver by extending the effective time period. The Township has no responsibility to inform the applicant of the termination or pending termination of an application.

Final plan certification. After approval of the final plan, the applicant shall present to the Township six paper copies of the final plan. All copies of the final plan for certification shall be in black or blue print and bear original signatures on each certificate.

(1)

Upon payment of any outstanding plan review fee or inspection fee, the final plans shall be signed by the Township Planning Commission and the Board of Supervisors (see Appendix Nos. 3 and 5).[5] One paper copy of the plan will be retained by the Township.

[5]

Editor's Note: Said appendixes are included as an attachment to this chapter.

(2)

The applicant shall submit the remaining plans to the Centre County Planning Commission for signatures and the office of the Centre County Recorder of Deeds for a Certificate of Recordation. One paper copy of the plan will be retained by the Centre County Planning Commission. Two paper copies will be retained by the Recorder of Deeds and two paper copies shall be returned by the applicant to the Township for verification of recording. The final plan shall be filed with the Centre County Recorder of Deeds within 90 days of the Board of Supervisors' certification of approval. No lot may be sold and/or construction initiated until the final plan is filed with the Centre County Recorder of Deeds. The Township will not issue further approvals or permits until the evidence of recordation is provided by the applicant.

(3)

Recording of the final plan shall have the effect of an irrevocable offer to dedicate all streets and other areas designated for public use shown thereon, unless reserved by the landowner as hereinafter provided. The approval of the Board of Supervisors shall not impose any duty upon the Township concerning maintenance or improvement of any such dedicated street, or public use, until the Board of Supervisors shall have accepted the same by the prevailing procedures of the Township.

(4)

If the final plan includes a notation to the effect that there is no offer of dedication to the public of common use areas, the title to such areas shall remain with the owner, their heirs and assigns, and the Township shall assume no responsibility for improvements or maintenance thereof, which fact shall also be noted on the final plan.

§ 290-13 Alternative plan processing procedure.

The following are alternative procedures apply to certain types of activities that require approval by Rush Township but can be processed in an abbreviated format. In general the types of activity described below are:

(1)

Temporary housing for elderly and farm laborer (see § 290-13C).

(2)

Lot annexation (see § 290-13D).

(3)

Revisions to recorded plans (see § 290-13D).

(4)

Subdivision of up to three lots (see § 290-13D).

(5)

Land development up to 2% building coverage (see § 290-13D).

The alternate procedure may reduce the review agencies, information required and/or recording of a plan with the Centre County Recorder of Deeds. The specific requirements are provided below.

Elderly care housing opportunity (ECHO) and farm housing. ECHO housing and farm housing shall comply with the standards and plan processing procedures specified below.

(1)

Standards for ECHO housing and farm housing.

(a)

ECHO housing is limited to an additional, temporary dwelling unit placed on a property for occupancy by elderly (55 years or older) or challenged (mentally, physically, emotionally) persons related by blood, marriage or adoption to the occupants of the principal dwelling.

(b)

Farm housing is limited to a temporary dwelling placed on a property for farm labor on the property that housing is placed.

(c)

The gross floor area devoted to the use shall not exceed 1,000 square feet.

(d)

Design standards of this chapter shall be met, except for the specific standards included in this section.

(e)

Occupancy shall not exceed one family.

(f)

A minimum of one all-weather, off-street parking space, with unrestricted ingress and egress to the street, shall be provided, in addition to that required for the principal dwelling.

(g)

The building shall be removed from that property, converted to an accessory use, or receive land development plan approval within 90 days after it no longer complies with the provisions of § 290-13C(1).

(2)

Plan processing procedures for ECHO housing and farm housing.

(a)

Applications.

[1]

An application for ECHO housing or farm housing is required to include one application form (see Appendix No. 6[1]) and three copies of the following:

[a]

A plan that contains all of the information specified for a sketch plan in § 290-15 and the proposed feature specified in § 290-17D; and

[b]

Applicable certification and notification specified in § 290-17F, except for § 290-17F(2) and (10).

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

[2]

Applications for ECHO housing or farm housing shall be submitted to the Township municipal office, on any business day:

[3]

The Township Secretary, or designee, shall distribute one copy of the preliminary plan to the Township Board of Supervisors, Township Engineer, and, if deemed necessary, other officials.

(b)

The Township Engineer shall review the request and transmit recommendations to the Board of Supervisors.

(c)

The Board of Supervisors will advise the applicant of the scheduled meeting for consideration of the request. Attendance at the Board of Supervisors meeting by the applicant or authorized agent is mandatory. The applicant or authorized agent must be prepared to establish the acceptance of any conditions of approval. The acceptance or rejection of the conditions of approval will be entered into the minutes of the Board of Supervisors. The acceptance of conditions will also be acknowledged in writing (see Appendix No. 8).[2] If there is no acceptance of conditions of approval, the plan will be disapproved.

[1]

The Board of Supervisors shall approve, conditionally approve, or disapprove the plan no later than 90 days following the date the application was filed. The Board of Supervisors shall provide the applicant with written notice of its decision within 15 days thereafter.

[2]

Should the applicant grant an extension of time within which the Board of Supervisors may act upon the plan and/or render a written decision, the Board of Supervisors shall act in accordance with the limits of such extension of time.

[3]

When the plan is not approved in terms as presented to the Board of Supervisors, the decision shall specify the defects found in the application and, in each case, cite the provisions of the chapter.

[2]

Editor's Note: Said appendix is included as an attachment to this chapter.

(d)

If the Board of Supervisors conditions its approval upon receipt of additional information, alterations, changes, or notifications, such data shall be submitted and/or alterations noted on two copies to be submitted to the Township Secretary or designee. The applicant shall include a brief, written, descriptive narrative on the submitted data. The conditions of approval must be satisfied to obtain plan approval.

[1]

If the Board of Supervisors conditions its plan approval upon receipt of an improvement guarantee, the applicant shall follow either the financial security provision in § 290-20 of this chapter, or the provision for installation of public improvements specified in § 290-21 of this chapter.

[2]

Compliance with the conditions of plan approval and submission for plan certification must be attained within one year of the Board of Supervisors' ruling on the plan, or the Township action on the plan shall be considered disapproval, unless the Board of Supervisors grants a waiver by extending the effective time period. The Township has no responsibility to inform the applicant of the termination or pending termination of an application.

(e)

After approval of the plan, the applicant shall present to the Township two paper copies of the plan. All copies of the plan for certification shall be in black or blue print and bear original signatures on each certificate.

[1]

Upon payment of any outstanding plan review fee or inspection fee, the plans shall be signed by the Board of Supervisors (see Appendix No. 5).[3] One paper copy of the plan will be retained by the Township.

[3]

Editor's Note: Said appendix is included as an attachment to this chapter.

(f)

The Township shall, in January of each year, review the approved ECHO housing or farm housing for compliance, until such time as the ECHO housing or farm housing is removed.

Lot annexation plan, revised record plan, minor subdivision and minor land development. Lot annexation plan, revised record plan, minor subdivision, and minor land development shall comply with the standards and plan processing procedures specified below.

(1)

Standards for lot annexation plan.

(a)

The sole purpose of the plan is to convey an area of land to an adjacent property as an addition to the existing lot of record.

(b)

The parcel to be added is contiguous to the receiving lot and maintains or improves the lot lines of both parcels.

(c)

Both the resulting remnant lot and expanded lot shall conform to the lot area and configuration requirements of the Township.

(d)

The subdivision plan includes the following note:

"This plan creates a lot annexation(s). Lot No.(s) _____ cannot be represented as, or retained as, a separate lot(s), nor can Lot No.(s)_____ be used by itself (themselves) by any party for any construction or other land development.

The property transfer will result in the recording of a deed with the Centre County Recorder of Deeds. A copy of the recorded deed will be provided to the Township within 7 days of its recording."

(e)

The subdivision plan includes the following signed and notarized statement from the intended purchasers that:

"I/We hereby certify that, as the owner(s) of adjacent land (Deed Reference No. _____) to the parcel shown as lands of __________ on this plan, it is my/our intention to acquire said parcel upon approval and recording of this plan. I/We hereby agree to incorporate Lot No. _____ with my/our adjacent landholdings into one tract of land with one encompassing description within 90 days of transfer to my/our ownership. I/We further agree to provide a copy of the recorded deed to Rush Township within 7 days of its recording."

(2)

Standards for revised record plan.

(a)

The sole purpose of the plan is changed to correct an obvious error in previously approved and recorded plan.

(b)

Number, location or configuration of lots, buildings or other aspects of the plan shall not change from the original understanding of the Board of Supervisors.

(c)

Design standards of this chapter shall be met.

(d)

A plan note shall identify the specific revision and indicate that the plan supersedes the previous plan solely as it applies to the revision.

(3)

Standards for minor subdivision plan.

(a)

No greater than three lots, plus the remaining parcel, shall be proposed from the effective date of this chapter.

(b)

Sewage disposal and water supply shall comply with the requirements of this chapter and are subject to the review and approval of the Sewage Enforcement Officer.

(c)

No streets, alleys, stormwater detention/retention basins, sanitary sewer conveyance lines (not laterals), and/or water conveyance lines (not laterals) shall be proposed.

(d)

Design standards of this chapter shall be met.

(4)

Standards for minor land development plan.

(a)

Total building coverage (existing and proposed combined from the date of this chapter) shall not exceed the maximum of 2% of the property.

(b)

Sewage disposal and water supply shall comply with the requirements of this chapter and are subject to the review and approval of the Sewage Enforcement Officer.

(c)

No streets, alleys, stormwater detention/retention basins, sanitary sewer conveyance lines (not laterals), and/or water conveyance lines (not laterals) shall be proposed.

(d)

Design standards of this chapter shall be met.

(5)

Plan processing procedures for lot annexation plan, revised record plan, minor subdivision, or minor land development.

(a)

Applications.

[1]

An application for lot annexation, revised record plan, minor subdivision, or minor land development is required to include one application form (see Appendix No. 6[4]) and three copies of the following:

[a]

A plan that contains all of the information specified for a final plan in § 290-17; and

[b]

A review by Centre County Planning Commission or evidence of submission to the county.

[4]

Editor's Note: Said appendix is included as an attachment to this chapter.

[2]

Applications for lot annexation, revised record plan, minor subdivision, or minor land development shall be submitted to the Township municipal office, on any business day.

[3]

The Township Secretary, or designee, shall distribute one copy of the preliminary plan to the Township Board of Supervisors, Township Engineer, and, if deemed necessary, other officials.

(b)

The Township Engineer shall review the request and transmit recommendations to the Board of Supervisors.

(c)

The Board of Supervisors will advise the applicant of the scheduled meeting for consideration of the request. Attendance at the Board of Supervisors meeting by the applicant or authorized agent is mandatory. The applicant or authorized agent must be prepared to establish the acceptance of any conditions of approval. The acceptance or rejection of the conditions of approval will be entered into the minutes of the Board of Supervisors. The acceptance of conditions will also be acknowledged, in writing (see Appendix No. 8).[5] If there is no acceptance of conditions of approval, the plan will be disapproved.

[1]

[2]

[3]

When the plan is not approved in terms as presented to the Board of Supervisors, the decision shall specify the defects found in the application and, in each case, cite the provisions of the chapter.

[5]

Editor's Note: Said appendix is included as an attachment to this chapter.

After approval of the plan, the applicant shall present to the Township six paper copies of the plan. All copies of the plan for certification shall be in black or blue print and bear original signatures on each certificate.

(f)

Upon payment of any outstanding plan review fee or inspection fee, the plans shall be signed by the Township Planning Commission and the Board of Supervisors (see Appendix Nos. 3 and 5).[6] One paper copy of the plan will be retained by the Township.

[6]

Editor's Note: Said appendixes are included as an attachment to this chapter.

(g)

The applicant shall submit the remaining plans to the Centre County Planning Commission for signatures and the office of the Centre County Recorder of Deeds for a certificate of recordation. One paper copy of the plan will be retained by the Centre County Planning Commission. Two paper copies will be retained by the Recorder of Deeds and two paper copies shall be returned by the applicant to the Township for verification of recording.

[1]

The plan shall be filed with the Centre County Recorder of Deeds within 90 days of the Board of Supervisors' certification of approval. No lot may be sold and/or construction initiated until the final plan is filed with the Centre County Recorder of Deeds. The Township will not issue further approvals or permits until the evidence of recordation is provided by the applicant.

(h)

Recording of the plan shall have the effect of an irrevocable offer to dedicate all streets and other areas designated for public use shown thereon, unless reserved by the landowner as hereinafter provided. The approval of the Board of Supervisors shall not impose any duty upon the Township concerning maintenance or improvement of any such dedicated street, or public use, until the Board of Supervisors shall have accepted the same by the prevailing procedures of the Township.

(i)

If the plan includes a notation to the effect that there is no offer of dedication to the public of common use areas, the title to such areas shall remain with the owner(s), heir(s) and assign(s), and the Township shall assume no responsibility for improvements or maintenance thereof, which fact shall also be noted on the final plan.

§ 290-14 Waiver request.

Purpose. A waiver is the process to receive a modification of an ordinance requirement as it applies to a specific application.

Standards for waiver.

(1)

In accordance with § 290-75, the Board of Supervisors may waive any provision of this chapter when the waiver:

(a)

Will remove or reduce an unreasonable standard, or undue hardship, as it applies to the particular property, which is grossly disproportionate to any benefit derived from the standard, or when an alternative standard provides equal or better results; and

(b)

Provides reasonable utilization of the property while securing the public interest.

(2)

It shall be the burden of the applicant to demonstrate compliance with the above conditions to the satisfaction of the Board of Supervisors.

Application requirements. All applications for waivers shall be submitted to the Township Secretary, or designee, at the Township municipal office, on any business day. A waiver request shall include three copies of all applicable plans, reports, and supplementary data, and one application form (see Appendix No. 7).[1] If any of this information was filed with a preliminary plan or final plan, additional copies need not be submitted.

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

Distribution. The Township Secretary, or designee, shall distribute the waiver to the Township Planning Commission (two copies), Board of Supervisors (three copies), Township Engineer, and, if necessary, other officials.

Review of the waiver.

(1)

The waiver will be placed on the Township Planning Commission agenda for a meeting which is at least 14 days following submission. Attendance at the Township Planning Commission meeting is necessary to present the justifications for the waiver.

(2)

All waiver review comments shall be based upon the proposal's compliance with the conditions stated in § 290-14.

Ruling on the waiver.

(1)

The Board of Supervisors shall have the authority to approve or disapprove the waiver. The Board of Supervisors may elect to consider a waiver independent of the Township Planning Commission review procedure.

(2)

In granting any waiver, the Board of Supervisors may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.

(3)

The acceptance or rejection of the conditions of waiver will be entered in the minutes of the Board of Supervisors. The acceptance of conditions shall also be acknowledged, in writing, by the applicant. If there is no acceptance of conditions of approval, the waiver will be disapproved.

(4)

Action on the waiver shall be entered into the minutes of the Board of Supervisors and forwarded to the applicant. Failure of the Board of Supervisors to render a decision and communicate it to the applicant as described herein shall not be deemed approval of the waiver.