Township of Lower Heidelberg, PA PROCEDURES

The application package shall be submitted to the Township Secretary or Code Enforcement Officer (the designated reviewer) as designated by the Board of Supervisors.

The designated reviewer shall review the application package to determine the completeness of the package as required by Section 300.2 for the appropriate phase of the proposed application.

If the application package is complete, the designated reviewer shall indicate on the application form that the application package is complete; provide a copy of the same to the applicant; and forward the application packet to the Board of Supervisors, the Planning Commission, the County Planning Commission, or other Township, state, or county officials as deemed necessary.

If the application package is not complete, the designated reviewer shall indicate such on the application form, including a designation of the additional materials that are required to be submitted, and provide a copy of the same to the applicant, the Township Planning Commission and the Board of Supervisors. Unless the applicant submits the necessary materials noted by the designated reviewer or unless the Board of Supervisors grants a waiver from the requirement that the applicant submit such materials, the Board of Supervisors may reject the application packet as incomplete pursuant to and within the review period prescribed by the MPC.

Nothing herein shall be construed to modify the determination of the application date as defined by the MPC.

Any complete application package accepted by the designated reviewer shall be added to the list of other complete application packages on the agenda of the next regular meeting of the Township Planning Commission.

At the next regular meeting of the Township Planning Commission, the Planning Commission shall act to accept the list of complete application packages for review and shall commence its review of the application.

§ 300.2 Application Package Content.

[Added by Ord. 282, 4-29-2009, § I; as amended by Ord. 299, 8/15/2011, § I]

The application package shall contain the following information and exhibits, the number of such physical copies of the submissions and the distribution of the same being subject to further compliance with §§ 305, 308 and 320:

Sketch plan:

A minimum of 12 black and white line prints of the plans. To the extent that any subsequent revisions are made to the sketch plans during the sketch plan review process, the applicant need only submit 10 copies of those plan sheets on which revisions have been made;

An application form complete with the name of property owner/developer, address, phone number of contact person, and project name;

Proof of ownership of the property proposed for development; and

An electronic copy of the plans, application and all other submission documents noted above or otherwise required by this Chapter, submitted in an electronic, PDF format, acceptable to the Township Engineer (including but not limited to the following means: CD-ROM, flash drive, or web-based/cloud file hosting service).

Preliminary plan application package:

Proof of ownership of the land proposed for development;

Name of the proposed development;

A minimum of five copies of the completed application;

A minimum of 13 black and white copies of the preliminary plan containing all the required information of §§ 402 through 405 of this Chapter. If a subdivision is located in or is adjacent to another municipality, one additional print shall be submitted for each municipality involved. To the extent that any subsequent revisions are made to the preliminary plans during the preliminary plan review process, the applicant need only submit 10 copies of those plan sheets on which revisions have been made. The plans must include:

A natural resource analysis or existing resource and site analysis plan showing all the scenic vistas, scenic view sheds and natural and historic resource locations and conditions on the site and adjoining properties;

A depiction of all open space and recreation facilities proposed by the development and/or required by this Chapter, together with sufficient notes describing the improvements and use thereof;

A complete delineation of the protected area features listed in Section 604 of the Zoning Ordinance;[1]

Editor's Note: See Ch. 31, Zoning.

A phasing plan, if applicable. In the case of a preliminary plan calling for the installation of improvements beyond a five-year period (measured from the date of the preliminary plan application), a schedule shall be filed by the applicant delineating all proposed phases (and the improvements therein), as well as the deadlines within which each phase shall be submitted for final plan approval. Such schedule shall be updated by the applicant annually on or before the anniversary of the preliminary plan approval, until final plan approval for the last phase has been granted. Any modification of said schedule shall be subject to the approval of the Township Board of Supervisors, in its discretion. Any phasing must comply with the limitations therein established by the Pennsylvania Municipalities Planning Code (e.g., each phase of a residential subdivision or land development, except for the last phase, shall contain at least 25% of the total number of dwelling units depicted on the preliminary plan, unless a lesser percentage is approved by the Township Supervisors in their discretion);

Referral form and fee for Berks County Planning Commission review;

Filing fee and professional consultant review fee required by Lower Heidelberg Township;

A plan for proposed open space and recreation facilities, when open space and parkland are involved;

(8)

A stormwater management report;

(9)

A geotechnical report, when deemed necessary by the Township due to the conditions of the property and development proposed;

(10)

Other information and documentation may be required by the Township when the process of review identifies areas and conditions that warrant information required to make adequate and informed decisions in consideration of the proposed development. Inter alia, the following information shall be provided to the Township for review and consideration of approval prior to the applicant obtaining preliminary subdivision and/or land development plan approval:

A minimum of of five copies of the sewage facilities planning module and all supporting information. For those subdivision and/or land developments proposing individual on-site or community sewage disposal, five copies of the soil percolation test results shall also be submitted. For those subdivision and/or land developments proposing individual on-site or community sewage disposal within 1/4 mile of a well exhibiting nitrates greater than or equal to five milligrams per liter, or in areas depicted in Appendix FF, Sewage Facility Planning Limitations Map, of the Township's Act 537 Plan, five copies of the hydrogeologic study shall also be submitted, as required by the PADEP.

[Amended by Ord. 312, 8/20/2012, § V]

Where applicable, a minimum of eight copies of all other information, studies, reports and plans that are required (including documents for condominium or homeowners' association governance and covenants);

A traffic impact study and analysis shall be submitted by an applicant in accordance with § 538 for all nonresidential projects; for residential projects proposing 20 or more new dwelling units; or in other circumstances deemed necessary by the Township, upon recommendation of the Township Engineer.

[Amended by Ord. 312, 8/20/2012, § I]

Where the proposed development will utilize on-lot water supply or a shared well supply, a hydrogeological analysis of groundwater is required. The study should indicate the existing conditions and the impact of the proposed development on the groundwater and aquifer;

(v)

Documentation from the appropriate utility of the availability of adequate service and the willingness of the provider to serve the proposed development; and

(vi)

Evidence of the submission of the plan and supplementary information to Pennsylvania Department of Transportation District 5 where the proposed project involves a state owned road.

(11)

Where special or unique conditions exist within the site, the Township may, during the review process, require additional information and documentation that will assist the Township in making an informed review and decision regarding the proposed plan or development. Failure of the Township to indicate the need for this information at the time the application package is received does not eliminate the obligation of the applicant to provide the indicated additional documentation or information when requested.

(12)

An electronic copy of all of the plans and other submission documents noted above shall be submitted in an electronic, PDF format acceptable to the Township Engineer (including but not limited to the following means: CD ROM, flash drive, or web-based/cloud file hosting service). More than one hard copy of the above information need not be submitted but must be submitted in electronic format, with the exception of any plans; all documents exceeding 30 pages in length; and any documents submitted on page sizes greater than 8 1/2 inches by 11 inches, all of which shall be submitted by hard copy (in addition to electronic submission) pursuant to the distribution schedule set forth in § 311).

Final plan application package:

A minimum of five copies of the application form for final plan;

A minimum of 13 sets of signed and sealed black and white prints containing all the required information of §§ 406 through 409 of this Chapter, plus one additional copy for each municipality adjoining the proposed site. To the extent that any subsequent revisions are made to the final plans during the final plan review process, the applicant need only submit 10 copies of those plan sheets on which revisions have been made. However, prior to final plan approval or as a condition thereof, the applicant shall be required to submit six sets of signed and sealed black and white prints containing all information required by this Chapter for approval, execution and recordation;

Proof that all outstanding plan review fees for final, preliminary and sketch plan have been paid;

A minimum of five copies of the sewage facilities planning module and all supporting information, if revised. For those subdivision and/or land developments proposing individual on-site or community sewage disposal, five copies of the soil percolation test results shall also be submitted to determine the suitability of the tract for sewage disposal, if updated. For those subdivision and/or land developments proposing individual on-site or community sewage disposal within 1/4 mile of a well exhibiting nitrates greater than or equal to five milligrams per liter, or in areas depicted in Appendix FF, Sewage Facility Planning Limitations Map, of the Township's Act 537 Plan, five copies of the hydrogeologic study shall also be submitted if revised, as required by the PADEP.

[Amended by Ord. 312, 8/20/2012, § XIII]

A minimum of nine copies of all supplemental data and reports as required by this Chapter, including §§ 406 through 409, and as identified as a condition of preliminary plan approval by the Township;

Evidence that the applicant has submitted the erosion and sedimentation control plan to the Berks County Conservation District. All review reports from the Berks County Conservation District shall be provided to the Township;

Review reports and approvals from all applicable utility companies or agencies (e.g., gas, electric, sewer and telephone company reviews and approvals).

(8)

(9)

§ 301 Review of Subdivision and Land Development Plans.

[Ord. 127, 8/20/1990, § 3.01; as amended by Ord. 276, 12/29/2008, § I]

The Township's review of any preliminary, preliminary/final, or final subdivision and land development plan application shall be pursuant to the time periods set forth in the Pennsylvania Municipalities Planning Code. Extensions from the applicable review periods may be granted by the Township Board of Supervisors, upon request by an applicant.

Additionally, in recognition that an applicant has a duty to prosecute preliminary, preliminary/final, and final subdivision and/or land development applications in a diligent, reasonable and timely manner, the Township Board of Supervisors will only approve an aggregate of three requests for extensions of the review period under Section 508 of the Pennsylvania Municipalities Planning Code, up to a maximum of 180 days measured from the expiration of the Township's initial ninety-day period from the submittal of the application. The Board of Supervisors, in its discretion, may grant additional requests for extensions of the review period prescribed by Section 508 of the Municipalities Planning Code for good cause shown and in circumstances where an applicant has diligently prosecuted its application by submitting revised plans in response to, and in compliance with, the review letters prepared by the Township Engineer.

§ 302 Preliminary Plan and Final Plan Required.

[Ord. 127, 8/20/1990, § 3.02; as amended by Ord. 253, 12/20/2005, § 1; and by Ord. 276, 12/29/2008, § II]

For all subdivisions, except those exempt standard procedures, a preliminary plan and a final plan must be submitted to the Township for approval. Those subdivisions exempt from this procedure and the procedures to follow in the case of exempted subdivisions are to be found in Sections 344 through 348 of this chapter. It shall be noted that an applicant shall file only one subdivision and land development application affecting any one property at any one time. If at any time an applicant desires to or does file a second subdivision and land development application pertaining to a property that is inconsistent with any prior subdivision and land development application, the filing of the second, inconsistent application shall serve as an automatic withdrawal of the prior application relating to the property and the applicant shall acknowledge the same, in writing, in filing its subdivision and land development application.

Sketch plan submission is strongly encouraged by the Township as a way of helping applicants and officials develop a better understanding of the property and to help establish an overall design approach that respects its special or noteworthy features, while providing for the density permitted under the Zoning Ordinance. It will facilitate the review process and may result in lower costs for the project.

§ 303 Approval of Sewage Systems by DEP.

[Ord. 127, 8/20/1990, § 3.03; as amended by Ord. 312, 8/20/2012, § II]

In accordance with the rules and regulations of the Pennsylvania Department of Environmental Protection (DEP) municipalities shall revise their official plan for sewage disposal whenever a new subdivision is proposed, unless DEP determines that the proposal is for the use of individual on-lot sewage systems serving detached single-family dwelling units in a subdivision of 10 lots or less and certain criteria set forth in the rules and regulations of DEP are met.

An official plan revision for new land development shall be submitted to DEP in the form of a completed sewage facilities planning module provided by DEP and including all information required by DEP.

The subdivider or developer or his agent shall complete the DEP sewage facilities planning module and submit it to the Township for action.

No plan revision for new land development will be considered complete unless it includes all information specified within DEP's rules and regulations.

The Township shall not adopt a proposed revision to the official plan, conditionally or otherwise, until it determines that the proposal complies with applicable Township zoning, land use or other Township comprehensive plans. If changes to the proposed revision or the applicable plan, regulation or ordinance are necessary, the changes shall be completed prior to adoption of the revision by the Township.

(f)

Upon adoption of a proposed revision to the official plan, or refusal to adopt such a proposed revision, the Township shall forward the proposed revision or statement refusing to adopt to DEP. DEP may approve or disapprove a proposed plan revision for new land development.

(g)

The time limits for actions by Township and county agencies and DEP are set forth in the rules and regulations of DEP.

(h)

Subdividers and developers are advised that no subdivision or land development plan will be finally approved or released for recording by the Township until all necessary approvals of the official plan revision or requests for exceptions to the requirement to revise the official plan have been secured from the Township and DEP. This fact and time limits for action should be considered by subdividers and developers when submitting the DEP sewage facilities planning module to the Township.

In accordance with the rules and regulations of the Pennsylvania Department of Environmental Protection (DEP), the Township shall revise its Act 537 Sewage Facilities Plan (Act 537 Plan) whenever a sewage planning facilities planning module is approved by PADEP.

(j)

The subdivider, developer, or his agent shall complete the PADEP sewage facilities planning module and submit it to the Township for review, comment and signature prior to the subdivider, developer, or his agent submitting the sewage facilities planning module to PADEP for approval.

§ 304 Sketch Plan.

[Ord. 127, 8/20/1990, §§ 3.11 and 3.12; as amended by Ord. 253, 12/30/2005, § 2]

A Sketch Plan for any proposed subdivision of land located within the Township shall be reviewed by the Township Planning Commission. Sketch plans shall comply with the requirements of Section 401.

Sketch plans are submitted as a basis for informal discussion between the Township Planning Commission and the subdivider and submission of a sketch plan shall not constitute official submission of a plan and shall not commence the statutory review period as required by the Municipalities Planning Code.

Pre-Application Meeting. A pre-application meeting is encouraged between the applicant, the site designer, and the Planning Commission (and/or its planning consultant), to introduce the applicant to the municipality's zoning and subdivision regulations and procedures, to discuss the applicant's objectives, and to schedule site inspections, meetings and plan submissions as described below. Applicants are also encouraged to present the Existing Resources and Site Analysis Plan (See Preliminary Plan requirements) at this meeting.

Existing Resources and Site Analysis Plan. Applicants shall submit an Existing Resources and Site Analysis Plan, prepared in accordance with the requirements contained in Section 404. The purpose of this key submission is to familiarize officials with existing conditions on the applicant's tract and within its immediate vicinity, and to provide a complete and factual reference for them in making a site inspection. This Plan shall be provided prior to or at the site inspection, and shall form the basis for the development design as shown on the Sketch Plan, or on the Preliminary Plan if the optional Sketch Plan is not submitted.

Site Inspection. After preparing the Existing Resources and Site Analysis Plan, applicants shall arrange for a site inspection of the property by the Planning Commission and other municipal officials, and shall distribute copies of said site analysis plan at that on-site meeting. Applicants, their site designers, and the landowner are encouraged to accompany the Planning Commission.

The purpose of the visit is to familiarize local officials with the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of designated Greenway lands (if applicable), and potential locations for proposed buildings and street alignments. Comments made by municipal officials or their staff and consultants shall be interpreted as being only suggestive. It shall be understood by all parties that no formal recommendations can be offered, and no official decisions can be made, at the Site Inspection.

(f)

Pre-Sketch Conference. Following the site inspection and prior to the submission of a sketch plan, the applicant shall meet with the Planning Commission to discuss the findings of the site inspection and to develop a mutual understanding on the general approach for subdividing and/or developing the tract in accordance with the four-step design procedure described in Section 404(s) of this ordinance, where applicable. At the discretion of the Commission, this conference may be combined with the site inspection.

§ 305 Sketch Plan Submission.

[Ord. 127, 8/20/1990, § 3.13; as amended by Ord. 299, 8/15/2011, § II, and by Ord. 312, 8/20/2012, § III]

The subdivider shall submit nine black-on-white prints on paper, of the sketch plan to the Township Secretary. The Township Secretary will distribute the copies as follows:

Five copies to the Township Planning Commission.

Two copies to the County Planning Commission.

One copy to the Township Engineer.

One copy to the Township Wastewater Consultant.

One copy retained for the permanent files and use of the Township Supervisors.

§ 306 Sketch Plan Review.

[Ord. 127, 8/20/1990, §§ 3.14, 3.15 and 3.16]

After a sketch plan has been submitted, the plan shall be reviewed by the Township Planning Commission at the Commission's next regularly scheduled meeting, provided that the sketch plan shall be submitted no less than 21 calendar days prior to the scheduled meeting. If the plan is not submitted within the above time limitation, the Planning Commission may decline to review the plan at that meeting and review the plan at the following regularly scheduled meeting or at a special meeting.

The County Planning Commission may be invited to review the sketch plan and submit its comments regarding the sketch plan to the Township Planning Commission.

If the Plan is submitted to the County Planning Commission, no official action shall be taken by the Township Planning Commission with respect to the Plan until receipt of the written report from the County Planning Commission, provided that such report is received within 30 days after the date the Plan was forwarded to the County Planning Commission for review.

At a regularly scheduled or special meeting the Township Planning Commission shall review the sketch plan to determine its conformance to the requirements of this Ordinance and suggest any modifications of the plan which are deemed necessary to secure conformance to the applicable regulations of this Ordinance.

§ 307 Notice of Recommended Modifications.

[Ord. 127, 8/20/1990, §§ 3.17 and 3.18]

Within 14 calendar days after the meeting at which the sketch plan is reviewed by the Township Planning Commission, the Planning Commission Secretary shall send to the following people written notice of the Planning Commission's recommended modifications in the sketch plan, if there are any, and any prerequisites to review of the Preliminary Plan by the Township Planning Commission:

The Township Supervisors.

The subdivider or his agent.

The Township Engineer.

The engineer, surveyor or land planner of the subdivider.

The Township Wastewater Consultant.

[Added by Ord. 312, 8/20/2012, § IV]

The written notice of the Planning Commission shall be sent to the people listed in Section 307(a) within 75 days after the date of the Planning Commission meeting at which the Plan is first reviewed.

§ 308 Preliminary Plan Submission.

[Ord. 127, 8/20/1990, § 3.21]

Preliminary Plans and required supplementary data for all proposed subdivisions shall be submitted by the subdivider or his agent to the Township Secretary. Such submission shall occur no less than 21 days prior to a regularly scheduled meeting of the Township Planning Commission.

§ 309 Township Notification of Action.

[Ord. 127, 8/20/1990, § 3.211]

The Township Supervisors shall within 90 days following the date of the regularly scheduled meeting of the Township Planning Commission next following the date the application is filed with the Township notify the subdivider of their action regarding the Plan. Should the said next regularly scheduled 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 was filed.

§ 310 Preliminary Plan Submission Requirements.

[Ord. 127, 8/20/1990, § 3.22; as amended by Ord. 299, 8/15/2011, § III]

In submitting a preliminary plan application, the applicant shall submit documentation, information and plans as set forth in § 300.2.

§ 311 Distribution of Submitted Information.

[Ord. 127, 8/20/1990, § 3.23; as amended by Ord. 299, 8/15/2011, § IV, and by Ord. 312, 8/20/2012, § VI]

The Township Secretary shall distribute submitted information as follows:

To the County Planning Commission:

Two prints of the preliminary plan.

One copy of an application for review of preliminary subdivision plan.

One copy of all other required information and plans.

To the Township Planning Commission:

Five copies of the plan.

One copy of an application for review of preliminary subdivision plan.

One copy of all other required information and plans.

One copy of the sewage facilities planning module and all supporting information; when individual on-site or community sewage disposal is proposed, one copy of the soil percolation test results and one copy of the hydrogeologic study, if applicable.

To the Township Engineer:

Two copies of the plan.

One copy of an application for review of preliminary subdivision plan.

One copy of all other required information and plans.

To the Township Zoning Officer and the Township Building Inspector:

One copy of the plan.

To the Township Wastewater Consultant, when public, community, or individual on-lot sewage facilities are proposed:

Two copies of the plan.

Two copies of all other required information and plans.

Two copies of the sewage facilities planning module and all supporting information; when individual on-site or community sewage disposal is proposed, two copies of the soil percolation test results and two copies of the hydrogeologic study, if applicable.

(f)

To be retained by the Township Secretary:

Two copies of the plan.

One copy of the soil percolation tests and all supplementary information.

Two copies of an application for review of preliminary subdivision plan.

Two copies of all other required information and plans.

One copy of the sewage facilities planning module and all supporting informations; when individual on-site or community sewage disposal is proposed, one copy of the soil percolation test results and one copy of the hydrogeologic study, if applicable.

§ 312 Review by Township Planning Commission.

[Ord. 127, 8/20/1990, § 3.24; as amended by Ord. 312, 8/20/2012, § VII]

At one or more regularly scheduled or special meetings, the Township Planning Commission shall review the preliminary plan to determine its conformance to the standards contained in these regulations and shall recommend such changes and modifications as it shall deem necessary to assure compliance with this Chapter, provided that the timing of such review would not result in a deemed approval under the Pennsylvania Municipalities Planning Code.[1]

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

§ 313 Consideration of Written Reports.

[Ord. 127, 8/20/1990, § 3.241; as amended by Ord. 312, 8/20/2012, § VII]

When reviewing a plan at a regularly scheduled or special meeting, the Township Planning Commission should consider. In addition to its own comments, written reports regarding the subdivision in question from the following:

The Township Engineer, on compliance with this Chapter.

The County Planning Commission.

With respect to sewage treatment and disposal, the report of the Township Sewage Enforcement Officer, Zoning Officer, if any, and the Fire Marshall on the suitability of the land for the proposed facilities.

When traffic access or stormwater drainage is proposed onto a state legislative route, the Pennsylvania Department of Transportation.

When public sanitary sewer, community, or individual on-site sewage facilities are proposed, the report of the Township Wastewater Consultant.

§ 314 Notification of Action Taken.

[Ord. 127, 8/20/1990, § 3.242]

The Planning Commission shall notify in writing the following of the action taken, within 14 days after the meeting at which the action on the Preliminary Plan is taken:

The Township Secretary.

The Township Engineer.

The Township Zoning Officer.

The applicant or his agent. Such notification shall be in writing, and shall be communicated to the applicant or his agent personally, or mailed to him at his last known address.

The engineer, surveyor, or land planner of the subdivider.

The Township Wastewater Consultant.

[Added by Ord. 312, 8/20/2012, § IX]

If the review of the Township Planning Commission is unfavorable because the requirements of this Ordinance have not been met or because the Commission deems modifications in the Plan as submitted necessary, the recommended modifications in the Plan and/or the specific provisions of this Ordinance which have not been met shall be noted and these shall be forwarded to the Township Supervisors.

The failure of the Planning Commission to do so shall not affect the validity of the action taken.

[Added by Ord. 312, 8/20/2012, § IX]

§ 315 Review by Township Supervisors.

[Ord. 127, 8/20/1990, §§ 3.25 and 3.251]

When a Preliminary Plan has been submitted to the Township Supervisors by the Township Planning Commission, the Plan shall be reviewed at one or more regularly scheduled or special meetings of the Supervisors.

At one or more regularly scheduled or special meetings, the Township Supervisors shall review the preliminary plan and the written reports of the Township Planning Commission, the Township Engineer, the Township Zoning Officer, the Township Wastewater Consultant, PennDOT, the County Planning Commission, and all other reports which may have been received from county and state agencies. The Township Supervisors shall either approve or disapprove the plan. No official action shall be taken by the Township Supervisors with respect to a preliminary plan until the Township has received the written report of the County Planning Commission, provided that such report is received within 30 days after the date the plan was forwarded to the County Planning Commission for review, and provided that the timing of such review would not result in a deemed approval under the Pennsylvania Municipalities Planning Code.[1]

[Amended by Ord. 312, 8/20/2012, § X]

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

§ 316 Public Hearing.

[Ord. 127, 8/20/1990, § 3.251]

Before acting on a Preliminary Plan, the Township Supervisors may arrange for a public hearing on the Plan, giving public notice as defined by law.

§ 317 Notification of Action Taken.

[Ord. 127, 8/20/1990, Part of § 3.253]

Within 15 days after the final meeting at which the Plan is reviewed, the Township Secretary shall notify, in writing, the following of the action taken by the Supervisors regarding the preliminary plan. The failure of the Township Secretary to do so shall not affect the validity of the action taken.

[Amended by Ord. 312, 8/20/2012, § XI]

Township Planning Commission.

Township Engineer.

Township Zoning Officer.

The subdivider or his agent.

The engineer, surveyor, or land planner of the subdivider.

Township Wastewater Consultant.

The action of the Supervisors may be favorable, approving the Plan, or unfavorable, disapproving the Plan. The findings and reasons upon which the Supervisors' action is based shall be given in writing to the individuals and groups listed in Section 317(a) and stated in the minutes of the meeting at which the Supervisors review the Plan. When the Plan as submitted is not approved, the report shall specify the requirements of this Ordinance which have not been met.

§ 318 Approval Subject to Conditions.

[Ord. 127, 8/20/1990, Part of § 3.253]

The Supervisors may approve a Preliminary Plan subject to conditions acceptable to the applicant, provided that the applicant indicates his written acceptance of those conditions to the Supervisors within 10 days of the date of the written notification from the Supervisors. Approval of a plat shall be rescinded automatically upon the applicant's failure to accept or reject such conditions within 10 days.

§ 319 Approval Does Not Authorize Recording, Sale or Transfer.

[Ord. 127, 8/20/1990, § 3.254]

The approval of the Preliminary Plan does not authorize the recording of the Subdivision Plan nor the sale or transfer of lots.

§ 320 Final Plan Submission.

[Ord. 127, 8/20/1990, § 3.31 and Part of § 3.311]

Within 12 months after approval of the Preliminary Plan, a Final Plan with all necessary supplementary data shall be submitted to the Township Secretary. An extension of time may be granted by the Township Supervisors upon written request, provided that the extension of time shall not exceed one year. Failure to meet this time limitation may result in a determination by the Commission that it will consider any plan submitted after 12 months as a new Preliminary Plan.

Final Plans and required supplementary data for all proposed subdivisions shall be submitted by the subdivider or his agent to the Township Secretary. Such submission shall occur no less than 21 days prior to a regularly scheduled meeting of the Township Planning Commission.

§ 321 Notification of Action.

[Ord. 127, 8/20/1990, Part of § 3.311; as amended by Ord. 312, 8/20/2012, § XII]

The Township Supervisors shall, within 90 days following the date of the regularly scheduled meeting of the Township Planning Commission next following the date the application is filed with the Township, review the plan and notify the subdivider of their action regarding the plan. Should the said next regularly scheduled 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 was filed. The failure of the Township Supervisors to do so shall not affect the validity of the action taken vis-a-vis any requirements imposed under this Chapter.

§ 322 Final Plan Submission Requirements.

[Ord. 127, 8/20/1990, § 3.313; as amended by Ord. 299, 8/15/2011, § V]

In submitting a final plan application, the applicant shall submit documentation, information and plans as set forth in § 300.2.

§ 323 Submission in Sections.

[Ord. 127, 8/20/1990, § 3.314]

The subdivider may submit a Final Plan in Sections, as noted in Section 310(h).

§ 324 Conformance; Required Modifications.

[Ord. 127, 8/20/1990, § 3.315]

The Final Plan shall conform to the approved Preliminary Plan, but shall incorporate all modifications required by the Township Supervisors in their approval of the Preliminary Plan. Failure to comply with past reviews shall constitute grounds for the Township Supervisors to refuse to approve the Plan.

§ 325 Distribution of Final Plan.

[Ord. 127, 8/20/1990, § 3.32; as amended by Ord. 299, 8/15/2011, § VI]

For all final plan applications under review, the Township Secretary shall distribute submitted information as follows:

To the County Planning Commission:

Two prints of the plan.

One copy of an application for review of final subdivision plan.

One copy of all other required information and plans.

To the Township Planning Commission:

One copy of the plan to each member of the Planning Commission (typically five).

One copy of an application for review of final subdivision plan.

One copy of all other required information and plans.

An electronic copy of all required information and plans.

To the Township Engineer and the Township Solicitor:

One copy of the plan to each Township Engineers (typically three) and to the Township Solicitor.

One copy of all other required information and plans to each Township Engineer.

An electronic copy of all required information and plans (including but not limited to the application, any engineering response letters, and any soil percolation tests) to the Township Engineers and Solicitor.

One copy of the sewage facilities planning module and all supporting information, if revised. When individual on-site or community sewage disposal is proposed, one copy of the soil percolation test results, if updated, and one copy of the hydrogeologic study, if revised, when applicable.

[Amended by Ord. 312, 8/20/2012, § XIV]

To the Township Board of Supervisors:

An electronic copy all required information and plans.

To the Township Zoning Officer:

An electronic copy of all required information and plans.

To the Township Fire Marshal:

One copy of the plan.

To the Township Secretary:

One copy of the plan;

One copy of all supplementary information and all other required information and plans;

One copy of the application for review of final subdivision plan; and

An electronic copy of the plans, the application for review and all other required information, plans and studies.

(v)

[Added by Ord. 312, 8/20/2012, § XIV]

(8)

To the Township Wastewater Consultant, when public, community, or on-lot sewage systems are proposed:

[Added by Ord. 312, 8/20/2012, § XIV]

Two copies of the plan.

Two copies of all supplementary data and plan.

Two copies of the Sewage Facilities Planning Module and all supporting information, if revised. When individual on-site or community sewage disposal is proposed, one copy of the soil percolation test results, if updated, and one copy of the hydrogeologic study, if revised, when applicable.

For all finalized final plan applications/submissions (for which a minimum of eight sets of signed and sealed black and white plans, containing all information required by this Chapter for approval, execution and recordation shall be submitted), the Township Secretary shall distribute submitted information as follows:

Two copies of the plans shall be submitted to the County Planning Commission;

One copy of the plans shall be submitted for recording with the County Recorder of Deeds;

One copy of the plans shall be submitted for the Township's files;

One copy of the plans shall be submitted to each Township Engineer and the Township Solicitor; and

§ 326 Review By Township Planning Commission.

[Ord. 127, 8/20/1990, §§ 3.33 and 3.331]

When a Final Plan has been officially accepted for review by the Township, it shall be reviewed by the Planning Commission at one or more regularly scheduled or special meetings.

At the meetings at which the final plan is reviewed, the Township Planning Commission shall review the plan to determine its conformance with the requirements of this Chapter. Written reports regarding the subdivision in question from the Township Zoning Officer, Township Engineer, or the Township Wastewater Consultant, when applicable, shall be reviewed. If any reports regarding the subdivision from county or state agencies have been received, they shall also be reviewed, provided that the timing of such reviews would not result in a deemed approval under the Pennsylvania Municipalities Planning Code.[1]

[Amended by Ord. 312, 8/20/2012, § XV]

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

§ 327 Notification of Action Taken.

[Ord. 127, 8/20/1990, § 3.332]

Within 14 calendar days after the meeting at which action on the Final Plan is taken, the Planning Commission shall notify in writing the following of the action taken:

Township Secretary.

Township Engineer.

Township Zoning Officer.

Subdivider, or his agent.

Engineer, surveyor, or land planner of the subdivider.

Township Wastewater Consultant.

[Added by Ord. 312, 8/20/2012, § XVI]

If the review of the Township Planning Commission is not favorable, the Planning Commission shall recommend that the Plan not be approved and explicitly state the reasons for such action. Any modifications in the Plan which the Planning Commission believes should be prerequisites to approval of the Final Plan shall also be noted.

The failure of the Planning Commission to do so shall not affect the validity of the action taken.

[Added by Ord. 312, 8/20/2012, § XVI]

§ 328 Review By Township Supervisors.

[Ord. 127, 8/20/1990, §§ 3.34 and 3.341]

When a Final Plan has been submitted to the Township Supervisors by the Planning Commission, the Plan shall be reviewed at one or more regularly scheduled or special meetings of the Supervisors.

At one or more regularly scheduled or special meetings, the Township Supervisors shall review the final plan and any written reports regarding the plan from the Township Planning Commission, the Township Engineer, the Township Wastewater Consultant and, where applicable, state or county agencies, provided that the timing of such reviews would not result in a deemed approval under the Pennsylvania Municipalities Planning Code.[1]

[Amended by Ord. 312, 8/20/2012, § XVII]

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

§ 329 Public Hearing.

[Ord. 127, 8/20/1990, Part of § 3.342]

Before acting on a Final Plan, the Supervisors may arrange for a public hearing on a plan, giving public notice as defined by law.

§ 330 Township Action Conditioned Upon Report By County Planning Commission.

[Ord. 127, 8/20/1990, Part of § 3.342]

If the Final Plan is submitted to the County Planning Commission, no official action shall be taken by the Township Supervisors with respect to the Final Plan until the Township has received the written report thereon from the County Planning Commission, provided that such report is received within 30 days after the date the plan was forwarded to the County Planning Commission for review.

§ 331 Notification of Action Taken.

[Ord. 127, 8/20/1990, §§ 3.343 and 3.344]

Within 15 days after the final meeting at which the final plan is reviewed by the Supervisors, the Township Solicitor's office shall notify, in writing, the following of the action taken by the Supervisors regarding the final plan. The failure of the Township Secretary to do so shall not affect the validity of the action taken vis-a-vis the any requirements imposed under this Chapter.

[Amended by Ord. 312, 8/20/2012, § XVIII]

Township Planning Commission.

Township Engineer.

Township Zoning Officer.

The subdivider or his agent.

The engineer, surveyor, or land planner of the subdivider.

Township Wastewater Consultant.

Action by the Supervisors may be favorable, approving the Final Plan, or the action may be unfavorable, giving disapproval to the Plan. The findings and reasons upon which the Supervisors action is based shall be given in writing to the persons listed under Section 331(a) and also stated in the minutes of the Township Board of Supervisors. Any modifications in the Plan required as prerequisites to approval of the Final Plan shall be stated.

§ 332 Final Plan Recording Requirement.

[Ord. 127, 8/20/1990, § 3.345]

A Plan which has been approved shall not be recorded until the requirements of Section 338, Recording of Final Plan, have been met.

§ 333 Improvements Guarantee Required.

[Ord. 127, 8/20/1990, § 3.41]

Prior to endorsement of the Plan, the applicant shall deposit with the Township a financial security in an amount sufficient to cover the cost of all improvements or common amenities required by this Ordinance and the Municipal Improvements Agreement and the cost of preparing as-built drawings of those improvements. The financial security may be in the form of an irrevocable letter of credit or restrictive or escrow account in a federal or commonwealth chartered lending institution or other type of financial security which the Township approves. The financial security shall guarantee the completion of all required improvements on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements.

When requested by the applicant, in order to facilitate financing, the Township Supervisors shall furnish the applicant with a signed copy of a resolution indicating approval of the final plan contingent upon the applicant obtaining a satisfactory financial security. The final plan shall not be signed or recorded until the Municipal Improvements Agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the Municipal Improvements Agreement is not executed within 90 days unless a written extension is granted by the Township Supervisors; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the applicant.

The amount of the financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the applicant. Annually, the Township may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Township may require the developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this subsection.

The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer licensed as such in the Commonwealth of Pennsylvania and certified by such engineer to be a fair and reasonable estimate of such cost. Such estimate shall be submitted to the Township no less than 14 days prior to a meeting of the Township Supervisors. The Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in the Commonwealth of Pennsylvania and chosen mutually by the Township and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable, and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Township and the applicant or developer.

If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date of posting of financial security or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the initial one-year period.

In preparing any estimate of the cost of improvements, the Township Engineer shall include the payment of prevailing wages if, due to the scope of the work involved and the amount of default and the limited resources of the Township, the Township believes it would have to contract out the completion of the improvements.

§ 334 Installation of Improvements.

[Ord. 127, 8/20/1990, § 3.42]

After a final plan is approved by the Township Supervisors, the subdivider may install improvements required by this Ordinance and indicated as being provided by the subdivider in the Subdivision Improvements Agreement. Any improvements not completed and approved by the Township at the time of the delivery of the financial security noted in Section 333 shall be guaranteed in such financial security.

§ 335 Remedies to Effect Completion of Improvements.

[Ord. 127, 8/20/1990, § 3.421]

In the event of default under an improvement agreement, the Township may enforce any security by appropriate legal and equitable remedies. The proceeds of the financial security received by the Township may be used to construct and install the improvements. If the cost of the improvements exceeds the amount of the financial security, the subdivider shall be liable for the amount in excess of the financial security which the Township has expended for such improvements. In the case that the amount of the financial security exceeds the actual cost of improvements made, the Township shall return the unused sum to the surety or the person who has paid or deposited the financial security.

§ 336 Release of the Financial Security.

[Ord. 127, 8/20/1990, § 3.422]

When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Township Supervisors, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer. The Township Supervisors shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall, thereupon, file a report, in writing, with the Township Supervisors, and shall promptly mail a copy of the same to the developer by certified or registered mail.

The report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization from the Township Supervisors; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, shall not be approved or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.

Within 15 days of receipt of the Engineer's report, the Township Supervisors shall notify the developer in writing by certified or registered mail of their action.

If any portion of the said improvements shall not be approved or shall be rejected by the Township Supervisors, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.

As-built plans for all improvements within the subdivision or land development shall be submitted to the Township following inspection and approval of the improvements by the Township.

§ 337 Maintenance Guarantee.

[Ord. 127, 8/20/1990, § 3.50]

Where the Township Supervisors accept dedication of all or some of the required improvements within a subdivision or land development following completion, the Township Supervisors may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design specifications as depicted on the final plan for a term of 18 months from the date of acceptance of dedication. The financial security shall be of the same type as required for installation of improvements and the amount of the financial security shall be 15% of the actual cost of installation of the improvements.

§ 338 Township Approval of Record Plan.

[Ord. 127, 8/20/1990, § 3.51]

After approval by the Township Supervisors and the Township Planning Commission and after the completion of the procedures required by these regulations the Supervisors and the Planning Commission shall place their endorsements on the record plan and on as many other copies of the Final Plan as are necessary. The Record Plan of the subdivision which has secured final approval shall be signed by at least a majority of members of the Board of Supervisors and the Township Seal shall be affixed to the Plan. No subdivision plan may be legally recorded unless it bears Township approval indicated by the signatures of at least a majority of the Township Supervisors and the Township Seal.

Before any Record Plan is released for recording, a copy of any earthmoving permits required by the Pennsylvania Department of Environmental Resources shall be submitted to the Township.

§ 339 Acceptable Print and Material.

[Ord. 127, 8/20/1990, § 3.52]

The Record Plan shall be a clear and legible black-on-white print on material acceptable to the Recorder of Deeds.

§ 340 County Planning Commission Endorsement.

[Ord. 127, 8/20/1990, § 3.53]

No subdivision plan may legally be recorded unless it has been endorsed by the County Planning Commission and bears the County Planning Commission stamp.

§ 341 Recording.

[Ord. 127, 8/20/1990, § 3.54]

After endorsement by the Township and by the County Planning Commission, the subdivider shall file the Record Plan with the County Recorder of Deeds within 90 days of the date of final approval by the Township. If the subdivider fails to record the Final Plan within such period, the action of the Township shall be null and void.

§ 342 Copy to Township.

[Ord. 127, 8/20/1990, § 3.55; as amended by Ord. 299, 8/15/2011, § VII]

The applicant shall and is hereby responsible for providing the Township with a copy of the plans, in hard copy and electronic format, as recorded.

§ 343 Public Improvements Dedication.

[Ord. 127, 8/20/1990, § 3.56]

All streets, parks, or other improvements shown on the subdivision plan shall be deemed to be private until such time as the same have been offered for dedication to the Township and accepted by the Township Supervisors. The acceptance of any improvement shall be by a separate action of the Township Supervisors.

§ 344 Minor Subdivision Exemption.

[Ord. 127, 8/20/1990, § 3.61]

In the case of any subdivision in which all proposed lots will have frontage on an existing improved Township or state road, the Township Planning Commission may, at its discretion, permit the subdivider to submit only preliminary and final plans to the Township, rather than requiring a subdivider to submit sketch, preliminary, and final plans.

§ 345 Resubdivision Exemption.

[Ord. 127, 8/20/1990, § 3.62]

Any replatting or resubdivision of land, including changes to recorded plans, shall be considered a subdivision, and shall comply with these regulations, provided that lot lines may be changed from those shown on the recorded plan, provided that in making such changes:

No lot or tract of land shall be created which does not comply with the Township Zoning Ordinance, and

Utility locations and easements or right-of-way locations shall not be changed, and

Street and block locations and sizes shall not be changed, and

No lot shall be created which does not abut a street, and

The character of the subdivision shall be maintained, and

Open space and recreation areas shall not be reduced, and

The number of lots shall not be increased.

In every case wherein lot lines are changed as permitted above, the subdivider shall submit to the Township a final plan revised to show such changes. After this submission the Township will, in writing, advise the subdivider if the revised plan complies with § 345(a).

[Amended by Ord. 312, 8/20/2012, § XIX]

When the Plan does comply with § 345(a), the subdivider shall submit the record plan and an electronic copy of the same to the Township. The subdivider shall also submit the record plan to the County Planning Commission for its endorsement (which shall specifically identify the previous record plan thus superseded), and then record the plan if endorsement is secured.

The record plan shall be a clear and legible black-on-white print on material and in form acceptable to the Recorder of Deeds.

When individual on-lot or community sewage disposal is intended to be utilized, a copy of the final plan shall be submitted to the Township Wastewater Consultant, who shall report to the Township prior to endorsement of the record plan.

[Amended by Ord. 312, 8/20/2012, § XIX]

If the revision of lot lines would result in the relocation of driveway access points approved by PennDOT, the Township may require submission of the revised plan to PennDOT for its comments.

§ 346 Auction Sale Exemption.

[Ord. 127, 8/20/1990, § 3.63]

In the case of the proposed subdivision of land by process of auction sale, the following procedure may be used by the subdivider:

The subdivider shall prepare and submit sketch and preliminary plans, in accordance with these regulations.

The preliminary plan shall comply with the requirements of §§ 402 through 405 of this Chapter and in addition shall contain the following notation:

[Amended by Ord. 312, 8/20/2012, § XX]

This property is intended to be sold by auction on or about _____, 20___, in whole or in part according to this plan. Sale of lots at such action shall be in the form of agreement to purchase, and no actual transfer of ownership or interest in such lots shall proceed until a final plan showing such division of property shall have been approved by the Township Supervisors, in accordance with its regulations, and recorded in the office of the County Recorder of Deeds.