[Ord. 96-266, 5/2/1996; as amended by Ord. 97-283, 11/6/1997,
§ 1; and by Ord. 99-299, 11/23/1999, § 2]
1. No person proposing a subdivision shall proceed with any grading
or improvements until the final application is approved by the Supervisors.
2. No person proposing a subdivision shall sell, transfer, lease or
otherwise convey any lot, parcel or tract in a subdivision, or construct
or commence the construction of any building in a subdivision, until
the final application of the proposed subdivision is approved by the
Supervisors and recorded in accordance with the provisions hereof.
3. For a subdivision or land development meeting the following criteria,
the applicant may elect to combine the preliminary and final approval
procedures for a combined approval process. All ordinance sections
for preliminary and final approval shall still apply:
A. Residential subdivision of less than five lots, not including any
multifamily development.
B. Commercial subdivision of less than three lots where no public or
private street is proposed.
C. Commercial land development applications of not more than 75,000
square feet of gross floor area when all improvements are to be bonded
and constructed at one time.
D. Commercial nonretail land development applications of not more than
200,000 square feet of gross floor area when all improvements are
to be bonded and constructed at one time.
4. Every subdivision and land development shall meet every requirement
of the Code.
5. Every subdivision and land development shall be in accordance with
the laws of the county, the Commonwealth of Pennsylvania and the federal
government.
6. Procedural Regulations. The Township Manager is authorized to publish
procedural regulations to implement the procedural and substantive
content of this chapter including, but not limited to, forms for applications
for development.
7. Reports. All reports shall be deemed recommendatory and advisory
only and shall not be binding upon the recipient, board, officer,
body or agency, nor shall any appeal lie therefrom. Any report used,
received or considered by the body, board, officer or agency rendering
a determination or decision shall be made available for inspection
to the applicant and all other parties to any proceeding upon request,
and copies thereof shall be provided at cost of reproduction.
8. Applicant's Burden to Comply with the Code. Every applicant shall
have the burden to comply with the Code for every application for
development. The Township shall provide every applicant with any initial
report concerning compliance with the Code. Failure of any applicant
to comply with discrepancies after the issuance of the initial report
shall be grounds (reasons) for denial of the AFD.
9. For a subdivision or land development meeting the following criteria, the applicant shall be exempt from the preliminary and final approval process. However, applications meeting these criteria shall be subject to the approval process in Part
11 of the Zoning Ordinance [Chapter
27]. All standards of this chapter, the Zoning Ordinance [Chapter
27] and the Public and Private Improvements Code [Chapter
17] shall still apply:
A. Commercial land development for an initial addition to an existing nonresidential building or site, which is a "use by right" (in accordance with the Zoning Ordinance [Chapter
27] and which addition is less than 1,501 square feet and less than 50% of the gross building area or gross land area. Any subsequent land development for an addition to the same building or site shall be subject to the preliminary and final approval process unless the cumulative additions meet the criteria set forth herein.
[Ord. 96-266, 5/2/1996; as amended by Ord. 2010-403, 10/7/2010]
The official filing date for all applications for development
shall be the date of the regular Planning Advisory Commission meeting
next following the date the complete application for development including
payment of the applicable filing fee, provided that should the said
next regular meeting occur more than 30 days following the filing
of the application for development, the official filing date shall
be the thirtieth day following the day the complete application for
development is filed.
[Ord. 96-266, 5/2/1996; as amended by Ord. 97-283, 11/6/1997,
§§ 3, 4]
1. Fees for Review. The Supervisors shall establish, by resolution,
a schedule of fees for applications for development, for the Township's
review of the materials in connection therewith which are to be provided
to the Township under the provisions of this chapter including, but
not limited to, the payment of fees charged by the Township's professional
consultants for their review. Such resolution shall be duly recorded
in the Resolution Book of the Township, and such fee schedule shall
be reproduced and made available upon request at the Township Building.
The resolution providing for the various fees shall be periodically
reviewed and amended, when necessary, by resolution of the Supervisors.
Any approvals for the issuance of any permits under this chapter shall
be contingent upon the payment of the proper fees as established by
the resolution and the fee schedule.
A. When Review Fees are Disputed. In the event the applicant disputes
the amount of any such review fees, the applicant shall, within 10
days of the billing date, notify the Township that such fees are disputed,
in which case the Township shall not delay or disapprove a subdivision
or land development application due to the applicant's request over
disputed fees.
B. Review Fee Dispute Resolution. In the event that the Township and
the applicant cannot agree on the amount of review fees which are
reasonable and necessary, then the applicant and the Township shall
follow the procedure for dispute resolution set forth in MPC § 510(g),
53 P.S. § 10510(g).
2. Fees for Inspection of Required Improvements. The Supervisors shall
establish, by resolution, a schedule of fees for the Township's inspection
of improvements required under the provisions of this chapter including,
but not limited to, the payment of fees charged by the Township's
professional consultants for their inspection. Such resolution shall
be duly recorded in the Resolution Book of the Township, and such
fee schedule shall be reproduced and made available upon request at
the Township building. The resolution providing for the various fees
shall be periodically reviewed and amended, when necessary, by resolution
of the Supervisors. The release, in whole or in part, of any financial
security posted in connection with such improvements and, if applicable,
the acceptance of such improvements by the Township shall be contingent
upon the payment of the proper fees as established by the resolution
and the fee schedule.
A. When Inspection Fees are Disputed. In the event the applicant disputes
the amount of any such expense in connection with the inspection of
improvements, the applicant shall, within 10 working days of the billing
date, notify the Township that such expenses are disputed as unreasonable
or unnecessary, in which case the Township shall not delay or disapprove
a subdivision or land development application or any approval or permit
related to development due to the applicant's request over disputed
engineer expenses.
B. Dispute Resolution. If within 20 days from the date of billing, the
Township and the applicant cannot agree on the amount of expenses
which are reasonable and necessary, then the applicant and the Township
shall follow the procedure for dispute resolution set forth in MPC
§ 510(g), 53 P.S. § 10510(g).
3. Criteria for Fees. Review and inspection fees shall be reasonable
and in accordance with the ordinary and customary charges by the Township
Engineer or consultant for similar services in the Township, but in
no event shall the fees exceed the rate or cost charged by the engineer
or consultant to the Township when fees are not reimbursed or otherwise
imposed on applicants.
4. Recreation Fees.
A. The Supervisors shall establish by resolution or ordinance a recreation
fee schedule.
B. When a recreation fee is required, final approval of a final application
shall be conditioned upon the execution of an agreement between the
Township and the applicant, on a form provided by the Township, providing
for payment of the recreation fee at the time of issuance of a building
permit for development pursuant to the final plat as approved, or
the applicant shall pay the recreation fees prior to release of the
final plat for recording.
C. The Township Manager shall establish the recreation fees fund. Recreation
fees shall be deposited into the recreation fees fund. The recreation
fees fund shall be used solely for the purpose of providing land and
facilities for recreation uses in the Township.
D. Refunds. Upon request of any person who paid any fee under this Section,
the Township shall refund such fee, plus interest accumulated thereon
from the date of payment, if the Township had failed to utilize the
fee paid for the purposes set forth in the Pennsylvania Municipalities
Planning Code within three years from the date such fee was paid.
If the Township does not use the recreation fees to provide land and
facilities for recreation use within three years from the date of
receipt of the recreation fees, then, upon receipt of a written request
from the payer who paid the recreation fees, the Township shall refund
the recreation fees plus interest earned from the date of payment
approved, or the applicant shall pay the recreation fees prior to
release of the final plat for recording.
5. Impact Fee under Township Transportation Improvement Program Amendment. See §
22-606.1.
6. Fees Pursuant to Other Chapters of this Code. Fees pursuant to this
chapter of the Code shall not relieve the applicant or developer of
fees pursuant to other applicable chapters of this Code; however,
the Township shall not charge an applicant or developer more than
once for the same service, permit or approval.
[Ord. 96-266, 5/2/1996]
In the event that the public and private improvements required
to be installed by the provisions of this chapter are not installed
in accordance with the requirements of this chapter or the final plat
prior to the expiration of the improvement security, the Township
shall have the power to enforce the improvement security by appropriate
legal and equitable remedies provided by the laws of the Commonwealth
of Pennsylvania. If proceeds from the improvement security are insufficient
to pay the cost of installing or making repairs or corrections to
all the improvements guaranteed by such improvement security, the
Township may, at its option, install part of the public improvements
in all or part of the subdivision or land development and may institute
appropriate legal or equitable action to recover the moneys necessary
to complete the remainder of the improvements. All of the proceeds,
whether resulting from the improvement security or from any legal
or equitable action brought against the developer, or both, shall
be used solely for the installation of the improvements guaranteed
by such improvement security and not for any other municipal purpose.
[Ord. 96-266, 5/2/1996]
Approval of private improvements for which an improvement security
has been required and final release of that improvement security shall
indicate compliance with the specifications shown on the approved
plan, however, shall not imply approval by the Township of the method
of construction or structural integrity of the private improvements
beyond that which is shown on the approved plan, nor shall there be
any liability associated with or responsibility for maintenance of
those improvements by the Township. The developer shall not be required
to post a maintenance security for private improvements.
[Ord. 96-266, 5/2/1996]
Prior to the end of the eighteen-month period when the maintenance
security expires and before the maintenance security is released,
the Township Engineer shall make a final inspection and certify in
writing to the Supervisors that all the public improvements are in
good order. If any repairs are required or maintenance needed, the
subdivider shall be notified in writing, and such repairs or maintenance
shall be done and approved prior to certification by the Township
Engineer.