Article III Procedures

[Amended 12-1-1992 by Ord. No. 92-13]

The procedures set forth in this article shall be followed by all applicants.

The separate stages of approval normally require the submission of preliminary plans and final plans. These plans differ in their purpose and required level of detail. The tables below indicate the required plans for the different types of submissions.

Plan	Lot Line Change	Minor Subdivision	Major Subdivision	Land Development
Sketch	Recommended	Recommended	Recommended	Recommended
Preliminary	Not required	Not required	Required	Required
Final	Required	Required	Required	Required

All plans and applications shall be submitted to the Township Manager. Plans and applications shall not be deemed submitted until they are accepted by the Township Manager as being in proper form and accompanied by the proper filing fee and any escrow deposit for the cost of the review. Plans and applications shall not be deemed complete and acceptable for filing if any item enumerated in this article as required for such submission is omitted or if the required fee is not submitted with the application. If the submission is incomplete, the Township Manager shall notify the applicant within seven days of receipt of the application, indicating the deficiencies. A fee shall be required for processing and reviewing any preliminary or final plans. The fee shall be paid by the applicant at the time of filing such plans. The fee and escrow schedule for all plans submitted under this chapter shall be adopted by resolution of the Township Board of Supervisors and may be amended from time to time. Escrow deposits shall be submitted for legal, engineering and administrative costs as required by § 440-603. The Township shall have the sole responsibility to forward the plans to other reviewing agencies. Plans are not to be delivered to any reviewing agency by the owner, developer or his agent.

The Township shall render its decision within the ninety-day period established by the Municipalities Planning Code. The decision shall be communicated to the applicant not later than 15 days following the decision and within 90 days following the date of the regular meeting of the Planning Commission following the date the application is complete and accepted for filing, provided that, should the said next regular 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 day the application is complete and accepted for filing. Said decision shall be sent to the applicant by mail at the address provided by the applicant on the application form.

When a plan, other than a sketch plan, is rejected, the written communication to the applicant shall cite the provisions of the Zoning Ordinance (Chapter 500), this chapter and the statute with which there has been noncompliance.

The presentation of a preliminary plan and final plan shall each be a separate submission. The maximum review period authorized by the Municipalities Planning Code may be required for the preliminary plan and final plan.

The submission of a revised preliminary or final plan shall constitute a new and separate submission. A revised plan must be accompanied by a complete application form, all required information and fees. With a revised plan, the applicant must submit a written withdrawal of the previously submitted plan. In the absence of a written withdrawal of the previously submitted plan, the previously submitted plan shall be deemed withdrawn when the revised plan is submitted.

The owner of the parcel of land to be subdivided or developed shall submit a written statement granting the Board of Supervisors, its authorized agents and representatives, the Planning Commission, and the representatives of the county and Township departments and agencies having responsibility for review and/or approval under this chapter the right to enter the parcel of land for the purpose of inspection and enforcement of the requirements, terms and conditions imposed herein.

Preliminary approval of the site plan must be obtained for the entire proposed development. Final approval may be obtained section by section, but such development sections shall be specified on the preliminary plan and must be numbered in the proposed order that they are to be developed. Such order of development must be adhered to, and if changes are required, plans must be refiled and reviewed and approved. Approved plans, however, shall be subject to changes in the Township ordinances in accordance with the provisions of the Pennsylvania Municipalities Planning Code.[1]

[1]

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

All subdivisions and land developments (both minor and major) shall be required to submit the appropriate planning module for land development to Middletown Township at preliminary plan submission (final plan submission for minor residential subdivisions) for review. The Township will submit these modules to the Bucks County Department of Health, Bucks County Planning Commission, and DEP for review to determine the adequacy of the proposed sewage facilities for development. Approval of the appropriate sewage-facility-permitting agency (Bucks County Department of Health and/or DEP) must be received by the Township prior to preliminary (final for minor residential subdivisions) plan approval. The applicant is required to follow the policies, procedures and guidelines promulgated under the Township's official Act 537 sewage facilities plan (latest revised).

§ 440-302 Sketch plan.

[Amended 12-1-1992 by Ord. No. 92-13; 12-1-1992 by Ord. No. 92-16]

General. Although it is not a prerequisite for approval of a final plan, an applicant may and is encouraged to submit a sketch plan as the basis for informal discussion. During the sketch plan procedure, the applicant can advantageously make use of the services of the Planning Commission and the Board of Supervisors to help him analyze the problems of the development and plan more adequately for its sound coordination with the community. This sketch plan procedure also affords the Planning Commission and the Board of Supervisors the opportunity to give informal guidance to the applicant at a stage when potential points of difference can be more easily resolved. It can also simplify official actions and save unnecessary expense and delay. A sketch plan is not mandatory and is not an official plan under the Pennsylvania Municipalities Planning Code. Time limitations of the Planning Code shall not apply, and failure to submit recommendations to the applicant within the time restraints of the Planning Code shall not be considered deemed approval of the plan.

Purpose.

(1)

The purpose of the sketch plan is to afford the applicant the opportunity to consult early and informally with both the Middletown Township and the Bucks County Planning Commissions and the Township Board of Supervisors before preparation of the preliminary plan and formal application for approval.

(2)

Sketch plan procedure should be more detailed for residential performance standard subdivisions than for regular subdivisions. This is to enable the Township to analyze adequately the proposed plan.

Procedure.

(1)

Applicant prepares sketch plan and application.

(2)

Applicant submits nine copies of the sketch plan, any required information and an application to the Township Manager.

(3)

Township Manager shall immediately distribute copies of the sketch plan and application to:

(a)

Township Board of Supervisors: five copies.

(b)

Township Planning Commission: two copies.

(c)

Bucks County Planning Commission: one copy.

(d)

One copy shall be retained for the Township files.

(4)

The Township Planning Commission shall initially review the sketch plan submission and advise the applicant how the proposed subdivision or land development may conform or fail to conform with the requirements and objectives of this chapter and other applicable ordinances. The applicant may attend a meeting of the Planning Commission to discuss the proposal. The Planning Commission may communicate its comments and recommendations to the applicant by mail at the address provided on the application by the applicant. Similarly, the Board of Supervisors may conduct a review and discuss the plan with the applicant if requested. The review of a sketch plan is advisory only and the opinions expressed by the members of the Planning Commission and/or Board of Supervisors during sketch plan review are not binding.

Recommended plan information. The applicant may submit whatever information is deemed useful; however, to facilitate the fullest possible response from the Planning Commission, each set of plans shall be folded to a size which can be accommodated in a legal eight-and-one-half-inch by fourteen-inch file folder. The applicant is encouraged to submit the following items:

(1)

Name of the subdivision or land development.

(2)

Name and address of the owner and the applicant.

(3)

Name and address of the engineer, surveyor or architect.

(4)

Zoning district requirements, including parking requirements, for land developments.

(5)

Tract boundaries.

(6)

North point, date and scale (written and graphic).

(7)

Location map.

(8)

Streets on and adjacent to the tract.

(9)

Significant topographical and physical features.

(10)

Proposed general street layout.

(11)

Proposed general lot layout or building layout with park lots and open spaces indicated. A sketch stormwater management plan showing general features and locations of any proposed stormwater management facilities/techniques.

(12)

Contours based on USGS topography or site survey.

(13)

Tax parcel number(s) of the tract. Additional material suggested for residential performance standard subdivisions and apartment projects.

(14)

Site plan showing soil conditions, drainageways, vegetative cover and slopes.

(15)

Indicate size and placement of buildings, number of units, length and width of sidewalks and drives.

(16)

Detailed plan indicating adjacent properties, types of land use, and natural features, including forested areas, floodplains, drainage swales, etc.

(17)

Method for administration and maintenance of open space area.

§ 440-303 Preliminary plan, major subdivision or land development.

[Amended 12-1-1992 by Ord. No. 92-13; 12-1-1992 by Ord. No. 92-16; 3-1-1994 by Ord. No. 94-02; 8-16-2000 by Ord. No. 00-09]

General. Preliminary plans are required for all major subdivisions or land developments in accordance with the procedures, plan requirements, and design standards set forth in this chapter. The preliminary plan and all information and procedures related thereto shall in all respects be in compliance with the provisions of these regulations, except where variation therefrom may be specifically authorized in writing by the Board of Supervisors.

Purpose. The purpose of the preliminary plan is to require formal preliminary approval in order to minimize changes and revisions before final plans are submitted.

Procedure.

(1)

Applicant prepares preliminary plan and application.

(2)

Applicant submits to the Township Manager the preliminary plan and application in two forms, as follows: one copy in an electronic medium acceptable to the Township Engineer and such paper copies as determined by the Township and pursuant to its then-current schedule for submission of subdivision and land development plans.

(3)

Copies of the preliminary plan and all required supplemental data (including permits and review letters from all county, state and federal agencies) initially shall be submitted to the Township Manager, together with the required fees and escrow deposit established in accordance with the current fee schedule adopted by resolution by the Board of Supervisors.[1] The Township Manager shall note the date of receipt of the application, fees and escrow deposit. The application shall not be deemed to be submitted until a complete application, including a traffic impact study if required, and the required fees and the required escrow deposit all have been submitted.

[1]

Editor's Note: Township fee schedules are on file in the Township Building and available to be viewed on the Township's website at www.middletownbucks.org.

(4)

Upon submission of a complete application, together with all required fees and escrow deposits, the Township Manager shall accept the application, plans and other required materials as filed and shall immediately distribute copies of the preliminary plan and application to:

(a)

Township Board of Supervisors: five copies.

(b)

Township Planning Commission: two copies.

(c)

Bucks County Planning Commission: two copies.

(d)

Township Engineer: one copy.

(e)

Municipal Authority: one copy (if needed).

(f)

Fire Marshal: one copy.

(g)

Police Department: one copy.

(h)

Public Works: one copy.

(i)

Sewer and Water Department: one copy.

(j)

Sewer and Water Engineer: one copy.

(k)

Township Solicitor: one copy.

(l)

Township files: two copies.

(m)

Township Park and Recreation Board: If recreational improvements or open space areas are involved, an extra copy shall be required and submitted.

(n)

Pennsylvania Department of Transportation: If state roads are involved, an extra copy shall be required and submitted.

(o)

Historic Preservation Commission: one copy.

(5)

Following receipt of the complete submission to the Township Manager, the Township Engineer:

(a)

Reviews the applicant's submission for engineering and zoning considerations; and

(b)

Prepares a report for the Planning Commission and Board of Supervisors.

(6)

Following receipt of the complete submission to the Township Manager, the Middletown Township Planning Commission:

(a)

Receives and reviews the applicant's submission and the reports submitted from all applicable reviewing agencies;

(b)

Discusses submission with the applicant, if requested by the applicant;

(c)

Evaluates applicant's submission, presentation, discussion with applicant and reviewing agencies' reports;

(d)

Determines whether the preliminary plan meets the objectives and requirements of this chapter and other ordinances; and

(e)

Prepares a written report recommending approval or disapproval of the preliminary plan for use by the Board of Supervisors.

(7)

Guidelines for submission of plans to the Board of Supervisors.

(a)

Prior to submitting plans to the Board of Supervisors, the applicant shall make all revisions to the plan based on the review and discussion of the Planning Commission. The submission of the revised plan shall constitute a new and separate submission and will be regulated under the requirements of § 440-301F. The applicant shall submit all revised plans to the Planning Commission, and the Planning Commission shall review all revised plans prior to submission to the Board of Supervisors.

(b)

The Planning Commission may submit a report to the Board of Supervisors which recommends that the application be approved with conditions. The Planning Commission shall recommend denial of plans which would not comply with the Township's ordinances.

(c)

When an applicant requests a modification by the Board of Supervisors of a requirement of this chapter, the applicant shall submit such request, in writing, to the Planning Commission for review and comment. The applicant shall also indicate the reason or purpose for the request. In the Planning Commission's report to the Board of Supervisors on the subdivision or land development plan, the Planning Commission shall provide a recommendation for approval or denial of each requested modification and the rationale for each recommendation.

(8)

Following receipt of the Township Planning Commission's report and within 90 days following the receipt of the applicant's complete submission, as indicated in § 440-301C, the Board of Supervisors shall:

(a)

Review and evaluate applicant's submission.

(b)

Review and evaluate all reports received from applicable reviewing agencies.

(c)

Listen to applicant's presentation, if requested, and discuss the project with applicant, if requested.

(d)

Determine whether the preliminary plan meets the objectives and requirements of this chapter and other ordinances.

(e)

Communicate the decision, in writing, to the applicant no later than 15 days following the decision and within the ninety-day review period established as indicated in § 440-301C.

(9)

Approval of the preliminary plan shall not constitute approval of the final plan or authorize the sale of lots or construction of buildings.

(10)

Whenever the approval of a preliminary plan is subject to conditions, the written action of the Board as prescribed herein shall:

(a)

Specify each condition of approval, citing relevant ordinance provisions in each case; and

(b)

Require the applicant's written agreement to the conditions. Where the applicant's written concurrency is not received within the time allotted, the Board shall be deemed to have denied approval.

(11)

Failure of the Board of Supervisors to render a decision and communicate it to the applicant within the time and manner required shall be deemed an approval of the application in terms as presented unless the applicant has agreed in writing to an extension of time or change in prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change will have a like effect.

(12)

If disapproved, the Board of Supervisors shall state the reasons for the action, citing specific sections in the applicable ordinances which the plan failed to meet. The applicant may file a revised preliminary plan with the Township Manager.

Required plan information. The preliminary plan shall show or be accompanied by the following information:

(1)

Drafting standards.

(a)

Plans shall be drawn on sheets no larger than 36 inches by 48 inches. All sheets comprising a submission shall be on one size. Sheets should be large enough to clearly show all required features but at a scale not less than one inch equals 100 feet.

(b)

Each set of plans shall be folded to a size which can be accommodated in a legal (8 1/2 inches by 14 inches) file folder.

(c)

The submission shall include a copy of the site plan for the entire property on a single sheet at an appropriate scale that will fit the maximum sheet size submitted.

(d)

Dimensions shall be in feet and decimal parts thereof and bearings in degrees, minutes and seconds.

(e)

Each sheet shall be numbered and shall show its relationship to the total number of sheets.

(f)

Where any revision is made, or when the plan is a revision of a previously approved plan, dotted lines shall be used to show features or locations to be abandoned and solid lines to show the presently proposed features.

(g)

The plan shall be so prepared and bear an adequate legend to indicate clearly which features are existing and which are proposed.

(2)

General information.

(a)

Name of the subdivision or land development.

(b)

Name and address of the record and/or equitable owner.

(c)

Name and address of the engineer, surveyor or architect responsible for the plan.

(d)

Present zoning classification with district requirements.

(e)

Total acreage of the tract.

(f)

Date, North point, and scale (written and graphic).

(g)

A location map for the purpose of locating the site to be subdivided or developed, at a scale of not less than 800 feet to the inch, showing the relation of the tract to adjoining property and to all streets, roads and Township boundaries existing within 1,000 feet of any part of the property proposed to be subdivided or developed.

(h)

Tax parcel number(s) of the tract.

(i)

Written report, including the following information:

[1]

General description of project.

[2]

General description of proposed stormwater management controls and facilities both during and after development.

[3]

General description of erosion and sedimentation controls, including those contained in any required erosion and sedimentation control plan.

[4]

Expected project time schedule, including anticipated start and completion dates.

(3)

Existing features.

(a)

Complete outline survey of the property to be subdivided or developed, showing all courses, distances and areas, and tie-ins to all adjacent street intersections, with existing monuments indicated.

(b)

The names of owners, tax parcel numbers and zoning classification of land immediately adjacent or across from the subject tract.

(c)

Site boundaries with the layout and dimension of lots.

[1]

In the case of mobile home parks, the placement, location and number of mobile home lots and mobile home pads on a layout map of the parcel.

[2]

The arrangement of buildings and parking areas in commercial, multifamily and mobile home parks developments, with all necessary dimensions noted on the plan.

(d)

All existing highways, streets and roads on or adjacent to any part of the tract, including name, right-of-way width (existing and future) and cartway width, are required to be shown on the plan. An aerial photograph must be submitted showing these features within 200 feet of the tract. If requested, the Township Engineer may require these features to be shown on the plan within 200 feet of the tract in addition to the aerial photograph.

[Amended 5-29-2007 by Ord. No. 07-07]

(e)

All existing buildings and their uses, bodies of water (including streams, lakes and ponds), wetlands and marsh areas, sewers, culverts, petroleum or petroleum product lines, gas lines, electric and telephone lines, fire hydrants, all other utilities and other significant man-made features on or immediately adjacent to the tract must be shown on the plan. If requested, the Township Engineer may require these features to be shown on the plan within 200 feet of the tract.

[Amended 5-29-2007 by Ord. No. 07-07]

(f)

Pursuant to Act 287 of 1974, 73 P.S. § 176 et seq., the location, size and ownership of all underground utilities and any rights-of-way within the property.

(g)

Appropriate contours at two- to five-foot intervals with sufficient details to show the course, structure and capacity of all drainage facilities and the method of drainage of the adjacent or contiguous territory. All ground contours shall be taken from United States Coast and Geodetic Survey bench marks and run direct to the degree that the actual elevations of the spot points or contours shall be the exact elevations above United States Coast and Geodetic Survey datum.

(h)

Natural features map which indicates:

[1]

Floodplain areas.

[2]

Floodplain soil areas.

[3]

Slope areas over 8%.

[4]

Wooded areas and large trees standing alone.

[5]

Streams, wetlands and marshy areas.

[6]

Lakes, ponds, lake and pond shorelines, and other natural resources.

(i)

The boundaries of the various soil types and identification keys as indicated in the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania, with a description of each soil type and limitations of the soils for on-site sewage disposal, buildings with basements, streets and parking lots.

(j)

Stormwater management district boundaries applicable to the site.

[1]

Plans and profiles of proposed stormwater management facilities, including horizontal and vertical locations, size and type of material. This information shall be of the quality required for the construction of all facilities and include all calculations, assumptions and criteria used in the design of the facilities; a schedule for installation of such facilities; and a proposed schedule of inspections which will be performed by the applicant's engineer or designee in company with the Township Engineer or designee.

[2]

The locations of septic tank infiltration areas and wells when infiltration methods such as cisterns, seepage beds or trenches or infiltration basins are used. Also, soil percolation tests and submission of the percolation data and test locations to substantiate percolation rates used in the drainage calculations to show necessary soil percolation rates for use of on-site infiltration facilities [(f) = 0.20 inches/hours].

[3]

Plans and profiles of all erosion and sedimentation control measures, temporary as well as permanent, including all calculations, assumptions and criteria used in designing the controls, and a schedule for their implementation.

(4)

Proposed layout.

(a)

The layout of streets, including name and width of cartways and rights-of-way, alleys and crosswalks and sidewalks.

(b)

The layout and approximate dimensions of lots, with lots numbered consecutively.

(c)

The arrangement of buildings and parking areas in commercial, office, institutional and multifamily developments, with all necessary dimensions noted on the plan and including the location of:

Lights.

Fire hydrants.

Trash receptacles.

Open space.

Buffer yards.

Recreational facilities.

(d)

Zoning requirements, with proposed standards, to include:

[1]

Minimum lot size.

[2]

Density.

[3]

Number of dwelling units, with lot sizes.

[4]

Open space and impervious surface ratios.

[5]

Building setback lines (based on yard requirements).

[6]

Parking spaces.

[7]

Buffer yards.

(e)

Landscape plan with plant list and proposed contours. The landscape plan shall be reviewed and approved by the Middletown Township Arbor Commission.

(f)

A reference to any land dedicated for public use or offered for dedication for parks, recreation areas, schools, widening of streets or other public uses.

(g)

For multifamily developments, the total area, total dwelling units, number of buildings, proposed density, total parking spaces, building coverage and the bedroom ratio, and other requirements of the Zoning Ordinance (Chapter 500).

(h)

For subdivision, the total area, number of lots, average and minimum lot size, and proposed length of new streets.

(i)

Location and size of storm drains, sanitary sewers, culverts, watercourses and all appurtenances thereof, on-site sewage disposal facilities, gas mains, water mains, fire hydrants, streetlights, planting, special structures, and other underground conduits or structures.

(j)

An indication of any lots in which other than a residential use is intended.

(k)

Rights-of-way and/or easements proposed to be created for all drainage purposes, utilities or other pertinent reasons.

(l)

Tentative typical cross sections and center-line profiles for each proposed street shown on the preliminary plan. These plans may be submitted as separate sheets.

(m)

Where the preliminary plan covers only a part of the owner's entire holding, a sketch shall be submitted of the perspective street layout for the remainder.

(n)

The words "preliminary plan - not to be recorded" shall be shown on the plan.

(5)

Proposed layout for condominium conversions. In addition to the above information, the plan shall indicate the location of each unit to be converted to individual ownership.

(6)

Soil erosion and sedimentation control plan and stormwater management plan for the construction phase of the project.

(7)

Transportation impact study.

(a)

Applicability.

[1]

A transportation impact study shall be submitted as part of the preliminary plan application for all subdivisions and/or land developments that meet one or more of the following criteria:

[a]

Residential: 50 or more dwelling units.

[b]

Nonresidential: developments which will generate 500 or more trips per day. The number of trips per day shall be determined through the use of the Institute of Transportation Engineers Trip Generation Manual (1987, as amended).

[2]

The preliminary plan application for those subdivisions and/or land developments meeting one or more of the aforesaid criteria shall not be complete until the transportation impact study is submitted to the Township Manager in accordance with the provisions of this section.

[3]

The Middletown Township Planning Commission, at its discretion, may require that the preliminary plan application for any other subdivision or land development be accompanied by a transportation impact study; provided, however, that the Planning Commission notifies the applicant of such a requirement immediately following the Planning Commission's first meeting to consider the proposal. Such a notification shall specify the reason for the requirement, citing the proposal's particular location or existing problems or type of use (i.e., generation of heavy truck traffic). The transportation impact study shall be submitted to the Township Manager within 30 days of the date of said notification.

(b)

Definitions. The following words and phrases shall have, for the purpose of this chapter, the meaning hereinbelow indicated:

LEVEL OF SERVICE

As described in the 1985 Highway Capacity Manual, indicates how well traffic moves on a particular highway facility or through a specific intersection. There are six levels of servicing ranging from A through F. Level of Service A indicates generally free movement. Level of Service E represents maximum capacity of the facility. Level F indicates congestion. Level of Service C is considered the design level of service, representing a stable traffic flow and a relatively satisfactory travel speed.

MAJOR INTERSECTION

Any intersection where traffic generated by the proposal will have a significant impact on the operation of the intersection. Where doubt exists, the transportation engineer shall seek guidance from the Middletown Township Manager prior to the submission of the traffic impact study.

PUBLIC TRANSPORTATION

Transportation service for the general public provided by a common carrier of passengers generally on a regular route basis by the Southeastern Pennsylvania Transportation Authority or a private operator offering service to the public.

STUDY AREA

This area will extend approximately 1/2 mile along the adjacent roadway in both directions from all access points or to a major intersection along these roadways. Where doubt exists, the transportation engineer shall seek guidance from Middletown Township prior to the submission of the traffic impact study.

TRIP GENERATION RATES

The total count of trips to and from a study site per unit of land use, as measured by parameters like dwelling units, acres, etc.

VOLUME/CAPACITY ANALYSIS

This procedure compares the volume of a roadway or intersection approach to its capacity (maximum number of vehicles that can pass a given point during a given time period). The procedures described in the 1985 Highway Capacity Manual, Highway Research Board Special Report 87, as outlined in the PennDOT Design Manual, Volume 2, shall be followed.

WARRANTS FOR TRAFFIC SIGNAL INSTALLATION

This is a series of eight warrants which detail the minimum traffic or pedestrian volumes or other criteria necessary for the installation of a traffic signal. These warrants are contained in the Manual on Uniform Traffic Control Devices for Streets and Highways, United States Department of Transportation, Federal Highway Administration, 1971.

(c)

Conduct of transportation impact study. The transportation impact study shall be prepared by a qualified traffic engineer and/or planner.

(d)

General requirements and standards. A transportation impact study shall contain the following information:

[1]

General site description. The site description shall include the size, location, proposed land uses, construction staging and completion date of the proposed land development. If the development is residential, types of dwelling units and number of bedrooms shall also be included. A brief description of other major existing and proposed land developments within the study area shall be provided. The general site description shall also include probable socioeconomic characteristics of potential site users to the extent that they may affect the transportation needs of the site (i.e., number of senior citizens).

[2]

Transportation facilities description. The description shall contain a full documentation of the proposed internal and existing external transportation system. This description shall include proposed internal vehicular, bicycle and pedestrian circulation, all proposed ingress and egress locations, all internal roadway widths and rights-of-way, parking conditions, traffic channelizations, and any intersection within the site. The site design shall be shown to maximize potential public transportation usage to and from the development, such as providing adequate turning radius at all access points to allow a bus to enter the development. Bus shelter and sign locations shall be designated where appropriate. The report shall describe the entire external roadway system within the study area. Major intersections in the study area shall be identified and sketched. All existing and proposed public transportation services and facilities within a one-mile radius of the site shall also be documented. All future highway improvements, including proposed construction and traffic signalization, shall be noted. This information shall be obtained from the twelve-year highway capital program for the Delaware Valley Region and from the Pennsylvania Department of Transportation. Any proposed roadway improvements due to proposed surrounding developments shall be recorded.

[3]

Existing traffic conditions. Existing traffic conditions shall be measured and documented for all roadways and intersections in the study area. Existing traffic volumes for average daily traffic, peak highway hour(s) traffic, and peak development-generated hour(s) traffic shall be recorded. Manual traffic counts at major intersections in the study area shall be conducted, encompassing the peak highway and development-generated hour(s), and documentation shall be included in the report. A volume/capacity analysis based upon existing volumes shall be performed during the peak highway hour(s) and the peak development-generated hour(s) for all roadways and major intersections in the study area. Levels of service shall be determined for each location. This analysis will determine the adequacy of the existing roadway system to serve the current traffic demand. Roadways and/or intersections experiencing Level of Service E or F shall be noted as congestion locations.

[4]

Transportation impact of the development. Estimation of vehicular trips to result from the proposal shall be completed for the average daily peak highway hour(s) and peak development-generated hour(s). Vehicular trip generation rates to be used for this calculation shall be obtained from the Institute of Transportation Engineers Trip Generation Manual (1987, as amended). These development-generated traffic movements, as estimated, and the reference source(s) and methodology followed shall be documented. All turning movements shall be calculated. These generated volumes shall be distributed to the study area and assigned to the existing roadways and intersections throughout the study area. Documentation of all assumptions used in the distribution and assignment phase shall be provided. Traffic volumes shall be assigned to individual access points. Pedestrian volumes shall be calculated, if applicable. If school crossings are to be used, pedestrian volumes shall be assigned to each crossing. Any characteristics of the site that will cause particular trip generation problems shall be noted.

[5]

Analysis of transportation impact.

[a]

The total future traffic demand shall be calculated. This demand shall consist of the combination of the existing traffic expanded to the completion year (using an annual traffic rate of 5%), the development-generated traffic, and the traffic generated by other proposed developments in the study area. A second volume/capacity analysis shall be conducted using the total future demand and the future roadway capacity. If staging of the proposed development is anticipated, calculations for each stage of completion shall be made. This analysis shall be performed during the peak highway hour(s) and peak development-generated hour(s) for all roadways and major intersections in the study area. Volume/capacity calculations shall be completed for all major intersections. It is usually at these locations that capacity is most restricted.

[b]

All access points and pedestrian crossings shall be examined as to the feasibility of installing traffic signals. This evaluation shall compare the projected traffic and pedestrian volumes to the warrants for traffic signal installation.

[6]

Conclusions and recommended improvements.

[a]

Levels of service for all roadways and intersections shall be listed. All roadways and/or intersections showing a level of service below "C" shall be considered deficient, and specific recommendations for the elimination of these problems shall be listed. This listing of recommended improvements shall include, but not be limited to, the following elements: internal circulation design, site access location and design, external roadway and intersection design and improvements, traffic signal installation and operation, including signal timing, and transit design improvements. All physical roadway improvements shall be shown in sketches.

[b]

Existing and/or future public transportation service shall also be addressed. A listing of all actions to be undertaken to increase present public transportation usage and improve service, if applicable, shall be included. An analysis based on the guidelines contained in the Bucks County Public Transportation Study Phase I Report shall be undertaken to indicate whether or not future public transportation service should be provided to the development.

[c]

The listing of recommended improvements for both roadways and transit shall include, for each improvement, the party responsible for the improvement, the cost and funding of the improvement, and the completion date for the improvement.

(e)

Implementation and PennDOT submission.

[1]

The Middletown Township Planning Commission, the Bucks County Planning Commission, the Township Police Department, and the Board of Supervisors shall review the transportation impact study to analyze its adequacy in solving any traffic problems that will occur due to the subdivision or land development. The Board of Supervisors may decide that certain improvements on or adjacent to the site are mandatory for plan approval and may attach these conditions to the approval if the Township concludes that additional improvements are necessary; the developer shall have the opportunity to resubmit alternative improvement designs for approval.

[2]

Improvement plans shall not be submitted to PennDOT until the plans have been reviewed by the Middletown Township Planning Commission and the Bucks County Planning Commission and approved by the Board of Supervisors. This submittal to PennDOT shall be accompanied by the comments of the Township and the County Planning Commissions.

§ 440-304 Final plan, major subdivision or land development.

[Amended 12-1-1992 by Ord. No. 92-13; 12-1-1992 by Ord. No. 92-16; 3-1-1994 by Ord. No. 94-02; 8-16-2000 by Ord. No. 00-09]

General. A final plan shall be submitted conforming to the changes agreed to during the preliminary plan procedure. The final plan and all information and procedures relating thereto shall in all respects be in compliance with this chapter, except where variation therefrom may be specifically indicated in writing by the Board of Supervisors.

Purpose. The purpose of the final plan is to ensure formal approval by the Board of Supervisors before plans for all subdivisions and land developments are recorded as required by this chapter.

Procedure.

(1)

Applicant submits to the Township Manager the final plan and application in two forms, as follows: one copy in an electronic medium acceptable to the Township Engineer and such paper copies as determined by the Township and pursuant to its then-current schedule for submission of subdivision and land development plans, along with necessary permits and letters of approval from the reviewing agencies, within one year from the date of receiving approval or conditional approval of the preliminary plan.

(2)

Copies of the final plan and all required information shall be submitted to the Township Manager together with any required fees and escrow deposit.

(a)

If no preliminary plan has been filed, a deposit and fee as required in accordance with the current fee schedule adopted by resolution of the Board of Supervisors shall be paid upon the submission of the complete final plan to the Township Manager.

(b)

If the final plan is submitted more than one year after receiving approval or conditional approval of the preliminary plan as required, an additional review fee shall be paid in accordance with the fee schedule adopted by the Board of Supervisors. An additional escrow deposit is not required, unless the total deposit with the Township is less than that required in accordance with the current fee schedule.

(3)

Township Manager shall immediately distribute copies of the final plan and application to:

(a)

Township Board of Supervisors: five copies.

(b)

Township Planning Commission: two copies.

(c)

Bucks County Planning Commission: two copies.

(d)

Township Engineer: one copy.

(e)

Sewer and Water Engineer: one copy.

(f)

Sewer and Water Department: one copy.

(g)

Township files: two copies.

(h)

Fire Marshal: one copy.

(4)

Following receipt of the complete submission to the Township Manager, the Township Engineer:

(a)

Reviews the applicant's submission for engineering considerations; and

(b)

Prepares a report for the Planning Commission and the Board of Supervisors.

(5)

Following receipt of the complete submission to the Township Manager, the Middletown Township Planning Commission:

(a)

Receives and reviews the applicant's submission and the reports from all applicable reviewing agencies;

(b)

Discusses submission with the applicant, if requested by the applicant;

(c)

Evaluates applicant's submission, presentation, discussion with applicant and the reviewing agencies' reports;

(d)

Determines whether the final plan meets the objectives and requirements of this chapter and other ordinances; determines if the final plan is consistent with the approved preliminary plan; and

(e)

Prepares a written report on the project for use by the Board of Supervisors.

(6)

(a)

Review and evaluate the applicant's submission.

(b)

Review and evaluate all reports submitted from all applicable reviewing agencies.

(c)

Listen to applicant's presentation and discuss project with the applicant, if requested.

(d)

Determine whether the final plan meets the objectives and requirements of this chapter and other ordinances or, where preceded by an approved preliminary plan, determine whether the final plan is in accordance with its terms and conditions as approved.

(e)

Inform the applicant in writing of the decision and the reasons for the decision not later than 15 days following the decision and within the ninety-day review period established by the Municipalities Planning Code. A plan shall not be approved if any changes are required.

(7)

If the final plan is approved, the Board of Supervisors shall adopt same by resolution or motion.

(a)

Approval shall not be final until entry into contract and production of completion guarantees as set forth in § 440-606.

(b)

Eight exact copies of the approved final plan shall be submitted to the Board of Supervisors. Two copies shall be on linen with the signatures of the required agencies as specified in § 440-301. Six copies of the complete submission shall be on paper for distribution to the various reviewing agencies.

(8)

Failure of the Board of Supervisors to render a decision and communicate it to the applicant within the time and manner required shall be deemed an approval of the application in terms as presented, unless the applicant has agreed in writing to an extension of time or change in prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change will have a like effect.

(9)

If disapproved, the Board of Supervisors shall state the reasons for this action, citing specific sections in the applicable ordinances which the plan failed to meet, and where the final plan is preceded by an approved preliminary plan, the Board shall specify how it fails to meet the terms of preliminary approval. The applicant may file a revised final plan with the Township Manager.

Required plan information. The final plan shall show or be accompanied by the following information:

(1)

Drafting standards.

(a)

(b)

Each set of plans shall be folded to a size which can be accommodated in a legal (8 1/2 inches by 14 inches) file folder.

(c)

The submission shall include a copy of the site plan for the entire property on a single sheet at an appropriate scale that will fit the maximum sheet size submitted.

(d)

Dimensions shall be in feet and decimal parts thereof and bearings in degrees, minutes and seconds.

(e)

Each sheet shall be numbered and shall show its relationship to the total number of sheets.

(f)

(g)

The plan shall be so prepared and bear an adequate legend to indicate clearly which features are existing and which are proposed.

(2)

General information.

(a)

Name of the subdivision or land development.

(b)

Name and address of the record and/or equitable owner.

(c)

Name and address of the engineer, surveyor or architect responsible for the plan.

(d)

Present zoning classification with district requirements.

(e)

Total acreage of the tract.

(f)

Date, North point, and scale (written and graphic).

(g)

(h)

Tax parcel number(s) of the tract.

(3)

Existing features.

(a)

Complete outline survey of the property to be subdivided or developed, showing all courses, distances and area and tie-ins to all adjacent street intersections, with existing monuments indicated.

(b)

The names of owners, tax parcel members and zoning classification of land immediately adjacent or across from the subject tract.

(c)

Site boundaries with the layout and dimension of lots.

[1]

In the case of mobile home parks, the placement, location and number of mobile home lots and mobile home pads on a layout map of the parcel.

[2]

The arrangement of buildings and parking areas in commercial, multifamily and mobile home park developments with all necessary dimensions noted on the plan.

(d)

[Amended 5-29-2007 by Ord. No. 07-07]

(e)

[Amended 5-29-2007 by Ord. No. 07-07]

(f)

Pursuant to Act 287 of 1974, the location, size and ownership of all underground utilities, and any rights-of-way within the property.

(g)

(h)

Natural features map which indicates:

[1]

Floodplain areas.

[2]

Floodplain soil areas.

[3]

Slope areas over 8%.

[4]

Wooded areas and large trees standing alone.

[5]

Streams, wetlands and marshy areas.

[6]

Lakes, ponds, lake and pond shorelines, and other natural resources.

(i)

The boundaries of the various soil types and identification key as indicated in the Soil Survey of Bucks and Philadelphia Counties, Pennsylvania, with a description of each soil type and limitations of the soils for on-site sewage disposal, buildings with basements, streets and parking lots.

(j)

Stormwater management district boundaries applicable to the site.

(4)

Proposed layout.

(a)

The layout of streets, including name and width of cartways and rights-of-way, alleys and crosswalks and sidewalks.

(b)

The layout and dimensions of lots, with lots numbered consecutively.

(c)

The arrangement of buildings and parking areas in commercial, office, institutional and multifamily developments with all necessary dimensions noted on the plan, and including the location of:

Lights.

Fire hydrants.

Trash receptacles.

Open space areas.

Buffer yards.

Recreational facilities.

(d)

Zoning requirements, with proposed standards, to include:

[1]

Minimum lot size.

[2]

Density.

[3]

Number of dwelling units, with lot sizes.

[4]

Open space and impervious surface ratios.

[5]

Building setback lines (based on yard requirements).

[6]

Parking spaces.

[7]

Buffer yards.

(e)

Landscape plan with plant list and proposed contours.[1]

[1]

Editor's Note: Original subsection (6) of the 2009 Code, which immediately followed this subsection, was repealed 12-1-1992 by Ord. No. 92-16.

(f)

For multifamily developments, the total area, total dwelling units, number of buildings, proposed density, total parking spaces, building coverage and the bedroom ratio and other requirements of the Zoning Ordinance (Chapter 500).

(g)

For subdivision, the total area, number of lots, average and minimum lot size, and proposed length of new streets.

(h)

(i)

An indication of any lots in which other than a residential use is intended.

(j)

Rights-of-way and/or easements proposed to be created for all drainage purposes, utilities or other pertinent reasons.

(k)

Final typical cross sections and center-line profiles for each proposed street shown on the final plan. These plans may be submitted as separate sheets.

(l)

Accurate locations of all monuments, one to be placed at each change in direction of boundary; two to be placed at each street intersection and one on one side of each street at angle points and at the beginning and at their end, and areas to be conveyed for public use shall be fully monumented at their external boundaries.

(m)

If water is to be provided by means other than private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the Board of Supervisors that the subdivision is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable.

(n)

For any plan for which on-site sewage disposal is proposed, the plan shall contain a title block as follows, signed by an authorized agent of the Bucks County Department of Health:

	OBSERVATIONS OF DEEP TEST HOLES AND PERCOLATION TESTS ON ALL LOTS HAVE BEEN CONDUCTED BY THE BUCKS COUNTY DEPARTMENT OF HEALTH AND IT HAS BEEN DETERMINED THAT LOTS __________ ARE SUITABLE FOR __________ TYPE SEWAGE DISPOSAL SYSTEM(S) UNDER CURRENT RULES AND REGULATIONS. PERMITS FOR THE CONSTRUCTION OF EACH INDIVIDUAL SEWAGE DISPOSAL SYSTEM ON EACH LOT MUST BE OBTAINED PRIOR TO THE COMMENCEMENT OF CONSTRUCTION OF THE SYSTEM AND/OR BUILDINGS.
	______________ (Date)
	(Signature of Bucks County Health Department Agent)
	(Title)

(5)

Proposed layout for condominium conversions. In addition to the above information, the plan shall indicate the location of each unit to be converted to individual ownership.

(6)

Soil erosion and sedimentation control plan and stormwater management plan for the construction phase of the project. This includes a description of the program, in a recordable form, that clearly sets forth the ownership and maintenance responsibility for all temporary and permanent stormwater management facilities, including the following:

(a)

Description of the method and extent of any maintenance requirements.

(b)

When maintained by a private entity, identification of a responsible individual, corporation, association or other entity for ownership and maintenance must be provided as a matter of record. Deed covenants and restrictions must be submitted to provide for maintenance by this entity.

(c)

When maintained by a private entity, a copy of the legally binding document shall be created which provides that Middletown Township shall have the right to:

[1]

Inspect the facilities at any time.

[2]

Require the private entity to take corrective measures and assign the private entity reasonable time periods for any necessary action.

[3]

Authorize maintenance to be done, and lien the cost of the work against the properties of the private entity responsible for maintenance.

(d)

Where the stormwater management plan proposes that Middletown Township own or maintain the facilities, a description of the methods, procedures and extent to which any facilities will require scheduled maintenance shall be turned over to the Township.

(e)

Prior to approval of the final subdivision and land development plan and stormwater management plan, the Township shall require financial security as a performance guarantee for stormwater management control facilities during the construction period and prior to the transfer of ownership of the affected property to the Township or other approved entity in accordance with Article VI, Administration, of this chapter.

(f)

When a stormwater management plan is submitted in sections, a generalized stormwater management plan for the entire project site shall be submitted in addition to the detailed stormwater management plan for the proposed section. This generalized plan shall demonstrate how the stormwater management of the proposed section will relate to the entire development. If temporary facilities are required for construction of a section, such facilities shall be included in the submitted stormwater management plan.

(7)

Additional materials required for residential performance standard subdivisions:

(a)

All open spaces shall be so identified, and their proposed use level of maintenance specified.

(b)

A plan for planting is required for open space; this plan shall show the location for all existing trees greater than twelve-inch caliper. All new planting shall indicate species and size.

(c)

A table showing open space ratio, density and impervious surface ratio.

§ 440-305 Final plan, minor subdivision.

[Amended 12-1-1992 by Ord. No. 92-13; 8-16-2000 by Ord. No. 00-09]

General. The provisions of this section shall not apply to any subdivision which does not meet the qualifying criteria set forth in the definition of "subdivision" in § 440-202.

Purpose. The purpose of this section is to provide a simplified procedure by which minor subdivisions may be submitted and approved.

Procedure.

(1)

Applicant prepares final plan and application.

(2)

Applicant submits to the Township Manager the final plan and application in two forms: one copy in an electronic medium acceptable to the Township Engineer and such paper copies as determined by the Township and pursuant to its then-current schedule for submission of subdivision and land development plans.

(3)

Copies of the final plan and all required supplemental data initially shall be submitted to the Township Manager, together with the required fees and escrow deposit established in accordance with the current fee schedule adopted by resolution by the Board of Supervisors.[1] The Township Manager shall note the date of receipt of the application, fees and escrow deposit. The application shall not be deemed to be submitted until a complete application and required fees have been submitted.

[1]

Editor's Note: Township fee schedules are on file in the Township Building and available to be viewed on the Township's website at www.middletownbucks.org.

(4)

(a)

Township Board of Supervisors: five copies.

(b)

Township Planning Commission: two copies.

(c)

Bucks County Planning Commission: two copies.

(d)

Township Engineer: one copy.

(e)

Water and Sewer Department: one copy.

(f)

Township files: two copies.

(g)

Historic Preservation Commission: one copy.

(5)

Following receipt of the complete submission, the Middletown Township Planning Commission:

(a)

Receives and reviews the applicant's submission and the reports from all applicable agencies.

(b)

Discusses submission with the applicant, if requested by the applicant.

(c)

Evaluates the applicant's submission, presentation, discussion with applicant and reviewing agencies' reports.

(d)

Determines whether the final plan meets the objectives and requirements of this chapter and other ordinances.

(e)

Prepares a written report recommending approval or disapproval of the final plan for use by the Board of Supervisors.

(6)

(a)

Review and evaluate applicant's submission.

(b)

Review and evaluate reports from all applicable reviewing agencies.

(c)

Listen to the applicant's presentation and discuss the project with the applicant, if requested.

(d)

Determine whether the final plan meets the objectives and requirements of this chapter and other ordinances.

(e)

(7)

If the final plan is approved, the Board of Supervisors shall adopt same by resolution or motion.

(a)

No plat which proposes sewage disposal by means of a public sewer system shall be approved until it has been established through written documentation that service and capacity are available in the sewerage system being considered for service.

(b)

Five exact copies of the approved final plan shall be submitted to the Board of Supervisors. Two copies shall be on linen with the signatures of the required agencies as specified in § 440-311. Three copies of the complete submission shall be on paper for distribution to the various reviewing agencies.

(8)

If disapproved, the Board of Supervisors shall state the reasons for this action, citing specific sections in the applicable ordinances which the plan failed to meet. The applicant may file a revised minor subdivision plan with the Township Manager.

Required plan information. The final plan shall show or be accompanied by the following information:

(1)

Drafting standards.

(a)

(b)

Each set of plans shall be folded to a size which can be accommodated in a legal (8 1/2 inches by 14 inches) file folder.

(c)

The submission shall include a copy of the site plan for the entire property on a single sheet at an appropriate scale that will fit the maximum sheet size submitted.

(d)

Dimensions shall be in feet and decimal parts thereof and bearings in degrees, minutes and seconds.

(e)

Each sheet shall be numbered and shall show its relationship to the total number of sheets.

(f)

(g)

The plan shall be so prepared and bear an adequate legend to indicate clearly which features are existing and which are proposed.

(2)

General information.

(a)

Name of the subdivision.

(b)

Name and address of the record and/or equitable owner.

(c)

Name and address of the engineer, surveyor or architect responsible for the plan.

(d)

Present zoning classification with district requirements.

(e)

Total acreage of the tract.

(f)

Date, North point, and scale (written and graphic).

(g)

A location map for the purpose of locating the site to be subdivided, at a scale of not less than 800 feet to the inch, showing the relation of the tract to adjoining property and to all streets, roads and Township boundaries existing within 1,000 feet of any part of the property proposed to be subdivided.

(h)

Tax parcel number(s) of the tract.

(3)

Existing features.

(a)

Complete outline survey of the property to be subdivided, showing all courses, distances and area and tie-ins to all adjacent street intersections, with existing monuments indicated.

(b)

The names of owners, tax parcel numbers and zoning classification of land immediately adjacent or across from the subject tract.

(c)

Site boundaries with the layout and dimension of lots.

(d)

[Amended 5-29-2007 by Ord. No. 07-07]

(e)

[Amended 5-29-2007 by Ord. No. 07-07]

(f)

Pursuant to Act 287 of 1974, 73 P.S. § 176 et seq., the location, size, and ownership of all underground utilities and any rights-of-way within the property.

(g)

(h)

Natural features map which indicates:

[1]

Floodplain areas.

[2]

Floodplain soil areas.

[3]

Slope areas over 8%.

[4]

Wooded areas and large trees standing alone.

[5]

Streams, wetlands and marshy areas.

[6]

Lakes, ponds, lake and pond shorelines, and other natural resources.

(i)

(4)

Proposed layout.

(a)

The layout and dimensions of lots, with lots numbered.

(b)

The total area, number of lots, and lot sizes.

(c)

Zoning requirements, with standards, to include:

[1]

Minimum lot size.

[2]

Density.

[3]

Building setback lines (based on yard requirements).

(d)

A reference to any land dedicated for public use or offered for dedication for parks, recreation areas, schools, widening of streets or other public uses.

(e)

An indication of any lots in which other than a residential use is intended.

(f)

Rights-of-way and/or easements proposed to be created for all drainage purposes, utilities or other pertinent reasons.

(g)

Accurate locations of all monuments, one to be placed at each change in direction of boundary, two to be placed at each street intersection and one on one side of each street at angle points and at the beginning and end of curves. Utility easements shall be monumented at their beginning and at their end, and areas to be conveyed for public use shall be fully monumented at their external boundaries.

(h)

For on-lot facilities, the location of water supply and sewage disposal.

(i)

(j)

For any plan for which on-site sewage disposal is proposed, the plan shall contain a title block as follows, signed by an authorized agent of the Bucks County Department of Health:

	OBSERVATIONS OF DEEP TEST HOLES AND PERCOLATION TESTS ON ALL LOTS HAVE BEEN CONDUCTED BY THE BUCKS COUNTY DEPARTMENT OF HEALTH AND IT HAS BEEN DETERMINED THAT LOTS__________ ARE SUITABLE FOR__________ TYPE SEWAGE DISPOSAL, SYSTEM(S) UNDER CURRENT RULES AND REGULATIONS. PERMITS FOR THE CONSTRUCTION OF EACH INDIVIDUAL SEWAGE DISPOSAL SYSTEM ON EACH LOT MUST BE OBTAINED PRIOR TO THE COMMENCEMENT OF CONSTRUCTION OF THE SYSTEM AND/OR BUILDINGS.
	_____________ (Date)
	(Signature of Bucks County Health Department Agent)
	(Title)

§ 440-306 Lot line changes.

[Amended 12-1-1992 by Ord. No. 92-13]

General. A lot line change shall result in the same number or fewer lots as existed prior to the lot line change, and the area of each of the lots involved shall not increase or decrease by more than 20% of the original lot area.

Purpose. The purpose of the lot line change is to provide an expeditious means of subdivision approval of the adjustment or relocation of one existing boundary line between two adjacent lots or the shifting of boundary lines to increase the area of an existing lot.

Procedure.

(1)

Applicant prepares lot line change plan and application.

(2)

Applicant submits to the Township Manager the lot line change plan and application in two forms; one copy in an electronic medium acceptable to the Township Engineer and such paper copies as determined by the Township and pursuant to its then-current schedule for submission of subdivision and land development plans.

(3)

Copies of the lot line change plan and all required supplemental data initially shall be submitted to the Township Manager, together with the required fees and escrow deposit established in accordance with the current fee schedule adopted by resolution by the Board of Supervisors.[1] The Township Manager shall note the date of receipt of the application, fees and escrow deposit. The application shall not be deemed to be submitted until a complete application and required fees have been submitted.

[1]

Editor's Note: Township fee schedules are on file in the Township Building and available to be viewed on the Township's website at www.middletownbucks.org.

(4)

Upon submission of a complete application together with all required fees and escrow deposits, the Township Manager shall accept the application, plans and other required materials as filed and shall immediately distribute copies of the final plan and application to:

(a)

Township Board of Supervisors: five copies.

(b)

Township Planning Commission: two copies.

(c)

Bucks County Planning Commission: two copies.

(d)

Township Engineer: one copy.

(e)

Township files: two copies.

(5)

Following receipt of the complete submission, the Middletown Township Planning Commission shall review and forward its recommendation on the proposed lot line change to the Board of Supervisors.

(6)

(a)

Review and evaluate the applicant's submission and the reports from all applicable reviewing agencies;

(b)

Determine whether the lot line change plan meets the objectives and requirements of this chapter and other ordinances; and

(c)

Inform the applicant of the decision and the reasons for the decision not later than 15 days following the decision and within the ninety-day review period established by the Municipalities Planning Code.

Required plan information. The lot line change shall show or be accompanied by the following:

(1)

Drafting standards.

(a)

(b)

Each set of plans shall be folded to a size which can be accommodated in a legal (8 1/2 inches by 14 inches) file folder.

(c)

The submission shall include a copy of the site plan for the entire property on a single sheet at an appropriate scale that will fit the maximum sheet size submitted.

(d)

Dimensions shall be in feet and decimal parts thereof and bearings in degrees, minutes and seconds.

(e)

Each sheet shall be numbered and shall show its relationship to the total number of sheets.

(f)

(g)

The plan shall be so prepared and bear an adequate legend to indicate clearly which features are existing and which are proposed.

(2)

General information.

(a)

Name of the lot line change.

(b)

Name and address of the record and/or equitable owner.

(c)

Name and address of the engineer, surveyor or architect responsible for the plan.

(d)

Present zoning classification with district requirements.

(e)

Total acreage of the tract.

(f)

Date, North point, and scale (written and graphic).

(g)

A location map for the purpose of locating the site to be subdivided at a scale of not less than 800 feet to the inch, showing the relation of the tract to adjoining property and to all streets, roads and Township boundaries existing within 1,000 feet of any part of the property proposed to be subdivided.

(h)

Site boundaries.

(i)

Property lines, existing and proposed.

(j)

Lot sizes, existing and proposed.

(k)

All existing buildings (and the uses), driveways, wells, sewer systems, utility easements, etc.

(l)

Monuments, existing and proposed.

(m)

Tax parcel number(s) of the tract.

(3)

Recording information.

(a)

A statement to the effect that the applicant(s) is(are) the owner(s) of the land and that the lot line change shown on the plan is made with his(their) free consent and that it is desired to record same.

(b)

Signature of the owner(s) of the land.

(c)

The impression seal and signature of a notary public or other qualified officer acknowledging owner's statement of intent.

(d)

Signatures of three members of the Board of Supervisors.

§ 440-307 Appeals where Supervisors refuse approval.

In any case where the Board of Supervisors disapproves a final plan, any person aggrieved thereby may appeal therefrom by petition to the Court of Common Pleas of Bucks County. Appeals shall be governed by the Pennsylvania Municipalities Planning Code.

§ 440-308 Recording plats and deeds.

[Amended 12-1-1992 by Ord. No. 92-13]

Upon approval of a final plat, the developer shall, within 90 days of such final approval, record such plat in the office of the recorder of deeds of the county in which the Township is located. The Recorder of Deeds shall not accept any plat for recording unless such plat officially notes the approval of the Board of Supervisors and review by the county planning agency.

The recording of the plat shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject plat.

The applicant shall notify the Board of Supervisors in writing of the date of such recording and the plan book and page wherein such subdivision or land development is recorded.

§ 440-309 Effect of recording.

[Amended 12-1-1992 by Ord. No. 92-13]

Streets, parks and other public improvements shown on a subdivision or land development plan to be recorded may be offered for dedication to the Township by formal notation thereof on the plan, or the owner may note on the plan that such improvements have not been offered for dedication to the Township.

Every street, park or other improvement shown on a subdivision or land development plan that is recorded, as provided herein, shall be deemed to be a private street, park or improvement until such time as the same has been offered for dedication to the Township and accepted by resolution or ordinance and recorded in the office of the Clerk of the Court of Common Pleas of Bucks County, or until it has been condemned for use as a public street, park or other improvement.

§ 440-310 Effect of approval.

From the time an application for approval of a plat, whether preliminary or final, is duly filed as provided in this chapter, and while such application is pending approval or disapproval, no change or amendment of the zoning, subdivision or other governing ordinance or plan shall adversely affect the application.

The applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed.

When a preliminary application has bean duly approved, the applicant shall be entitled to final approval in accordance with the approved preliminary application.

If an application is properly and finally denied, any subsequent application shall be subject to any and all governing regulations in effect at the time of the new application.

When an application for approval of a plat, whether preliminary or final, has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment of the zoning, subdivision or other governing ordinance or plan shall be applied to adversely affect 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. When final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in light of the provisions of the governing ordinances and plans as they stood at the time when the application for such approval was duly filed.

A time extension beyond the five-year limit may be granted by the Board of Supervisors. Such extension shall be in writing.

When the landowner has substantially completed the required improvements as depicted on the final plat within the time limits, no change in Township ordinance or plan enacted subsequent to the date of filing of the preliminary plat shall modify or revoke any aspect of the approved final plat pertaining to zoning classification or density, lot, building, street or utility location.

In the case of a preliminary plat calling for the installation of improvements beyond the established time period, a schedule shall be filed by the landowner with the preliminary plat delineating all proposed sections as well as deadlines within which applications for final plat approval of each section are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plat approval, until final plat approval of the last section has been granted. Any modification of the aforesaid schedule shall be subject to approval of the Board of Supervisors, in its discretion.

Each section in a residential subdivision or land development, except for the last section, shall contain a minimum of 25% of the total number of dwelling units as depicted on the preliminary plan, unless a lesser percentage is approved by the Board of Supervisors, in its discretion. Provided that the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plat approval, including compliance with the time schedule where applicable, all of the aforesaid protections afforded by substantially completing the improvements depicted upon the final plat within five years shall apply, and for any section or sections beyond the initial section in which the required improvements have not been substantially completed within the five-year period, the aforesaid protections shall apply for an additional term or terms of three years from the date of final plat approval for each section.

Failure of the landowner to adhere to an established schedule of submission of final plats for the various sections shall subject any such section to any and all changes in zoning, subdivision and other governing ordinances enacted by the Township subsequent to the date of the initial preliminary plan submission.

§ 440-311 Record plan.

The record plan shall be a clear and legible blue or black line print and shall be an exact copy of the approved final plan on a sheet of the size required for final plans.

The following information shall appear on the record plan, in addition to the information required in §§ 440-304, 440-305 and 440-306 for the final plan.

(1)

Seals.

(a)

The impressed seal of the licensed professional land surveyor who prepared the plan in accordance with the Commonwealth of Pennsylvania Act 367 of 1979.

(b)

The impressed corporation seal, if the applicant is a corporation.

(c)

The impressed seal of a notary public or other qualified officer acknowledging owner's statement of intent.

(2)

Acknowledgements.

(a)

A statement to the effect that the applicant is the owner of the land proposed to be subdivided and that the subdivision shown on the final plan is made with his or their free consent and that it is desired to record the same.

(b)

An acknowledgement of said statement before an officer authorized to take acknowledgements.

(3)

The following signatures shall be placed directly on the plan in ink:

(a)

The signatures of the owner or owners of the land. If the owner of the land is a corporation, the signatures of the president and secretary of the corporation shall appear.

(b)

The signature of the notary public or other qualified officer acknowledging the owner's statement of intent.

(c)

The signature of the licensed surveyor who prepared the plan.

(d)

The signature of the Township Engineer.

(e)

The signatures of three members of the Board of Supervisors.

Linens will not be released to the applicant before improvements are completed in accordance with the final plan or until improvements are guaranteed in accordance with the final plan.

§ 440-312 Effect of plat approval on Official Map.

[Added 12-1-1992 by Ord. No. 92-13]

After a plat has been approved and recorded as provided in this chapter, all streets and public grounds on such plat shall be and become a part of the Official Map of the Township of Middletown without public hearing.

§ 440-313 Mediation option.

[Added 12-1-1992 by Ord. No. 92-13]

Parties to proceedings involving the approval of a subdivision or land development plan may utilize mediation as an aid in completing such proceedings. Nothing in this section shall be interpreted as expanding or limiting municipal police powers or as modifying any principles of substantive law.

Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. The Township shall assure that in each case the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:

(1)

Funding mediation.

(2)

Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.

(3)

Completing mediation, including time limits for such completion.

(4)

Suspending time limits otherwise authorized in the Pennsylvania Municipalities Planning Code, provided there is written consent by the mediating parties and by an applicant or municipal decisionmaking body if either is not a party to the mediation.

(5)

Identifying all parties and affording them the opportunity to participate.

(6)

Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.

(7)

Assuring that mediated solutions are in writing and signed by the parties and become subject to review and approval by the appropriate decisionmaking body pursuant to the authorized procedures set forth in the Pennsylvania Municipalities Planning Code.

No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.