A. 
Subdivisions wherein lots abut existing improved streets of sufficient width (i.e., streets already meeting the minimum right-of-way requirements of § 395-33A hereof) shall be subject to approval of the Planning Commission sitting as the committee specified in the Second Class Township Code.[1] In the event such a plan is disapproved, the reasons therefor shall be set forth in writing and given to the subdivider.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
B. 
Any person aggrieved by the decision of the Commission may appeal to the Board of Township Supervisors, and such appeal shall be considered by the Board at its next regular meeting. The decision of the Board shall be final.
C. 
Filing procedure and standards for determination:
(1) 
The subdivider shall file with the Secretary of the Board of Township Supervisors five copies of the plan of the subdivision in question in the form prescribed in Article IX hereof, together with the supplemental data required thereby. The Secretary shall forthwith forward one copy of said plan and supplemental data to the County Planning Commission. The Secretary of the Board shall also refer the matter to the Township Planning Commission at its regular monthly meeting next following the expiration of 15 days from the date of the filing of the said plan with him.
[Amended 7-8-2003 by Ord. No. 159]
(2) 
The subdivider shall also file with the Secretary of the Board of Township Supervisors seven copies of the planning modules for the subject tract, on the forms prescribed by the Commonwealth of Pennsylvania, Department of Environmental Protection, together with the appropriate review fees, and self-addressed, postage-prepaid envelopes addressed to the reviewing agencies, as defined by the Pennsylvania Sewage Facilities Act, Act 537 of 1966 (35 P.S. §§ 750.1 to 750.20a).
[Added 6-9-1998 by Ord. No. 134]
D. 
The Township Planning Commission shall consider the plan at the meeting aforesaid giving due consideration to the recommendations, if any, received from the County Planning Commission, and within 90 days after the date of said meeting shall advise the Secretary of the Board of Township Supervisors of its approval or disapproval, specifying its reasons in writing in the case of disapproval. The Secretary of the Board shall forthwith transmit the said decision to the subdivider.
[Amended 8-12-1986 by Ord. No. 96]
E. 
In approving or disapproving a subdivision plan, the Planning Commission shall be guided by the same standards (unless clearly inapplicable) as those prescribed in the following provisions of Article VI for the guidance of the Township Supervisors in the case of subdivision wherein lots abut existing streets of insufficient width or proposed streets.
Plans of subdivisions wherein lots abut existing streets of insufficient width (i.e., streets not meeting the minimum right-of-way requirements of § 395-33 hereof) or streets proposed to be laid out through unimproved land, shall be subject to approval or rejection by the Board of Township Supervisors.
A. 
Filing procedure.
(1) 
The subdivider shall file with the Secretary of the Board of Township Supervisors five copies of the plan of the subdivision in question in the form prescribed in Article IX hereof, together with the supplemental data required thereby. The Secretary shall forthwith forward one copy of said plan and supplemental data to the County Planning Commission. The Secretary of the Board of Township Supervisors shall also refer the matter to the Township Planning Commission by presenting a copy of said plan and supplemental data to the Township Planning Commission at its regular monthly meeting next following the expiration of 15 days from the date of the filing of said plan with him. The Township Planning Commission shall consider said plan at the meeting aforesaid, giving due consideration to the recommendations, if any, received from the County Planning Commission, and within 90 days after the date of said meeting, shall make recommendations in writing to the Board of Township Supervisors with respect to the approval or disapproval of said subdivision plan.
[Amended 8-12-1986 by Ord. No. 96; 7-8-2003 by Ord. No. 159]
(2) 
The subdivider shall also file with the Secretary of the Board of Township Supervisors seven copies of the planning modules for the subject tract, on the forms prescribed by the Commonwealth of Pennsylvania, Department of Environmental Protection, together with the appropriate review fees, and self-addressed, postage-prepaid envelopes addressed to the reviewing agencies, as defined by the Pennsylvania Sewage Facilities Act, Act 537 of 1966 (35 P.S. §§ 750.1 to 750.20a).
[Added 6-9-1998 by Ord. No. 134]
B. 
General requirements prerequisite to approval of plan. The Board of Township Supervisors shall not approve any subdivision plan unless all streets shown thereon shall be of sufficient width and proper grade, and shall also be so located as to accommodate the probable volume of traffic thereon, afford adequate light and air, facilitate fire protection, provide access of fire-fighting equipment to buildings, and provide a coordinated system of streets conforming to the Township's Official Plan of streets, all in accordance with the standards prescribed by this chapter; and unless the land whereon buildings are to be constructed shall be of such character that it can be used for building purposes, without danger to health or peril from fire, flood or other hazard; and in cases where a cemetery or burial ground is located on the lot, tract or parcel of land affected by the subdivision, unless the Township is assured of the future care and maintenance thereof, by the creation of a trust fund the estimated annual income of which will approximately $100 a year to be used for such purpose.
C. 
Improvements or guarantee thereof. Before approving any subdivision plan for recording, the Board of Township Supervisors shall either require that the necessary grading, paving and other street improvements as required in Articles VII and VIII hereof shall have been installed in strict accordance with the standards and specifications of the Township, or that the Township be assured by means of a proper contract and completion guarantee, as set forth in Subsection D hereof, that the improvements will subsequently be installed by the owner. Where the subdivision plan has been approved and recorded, either after the specified improvements have been completed and approved by the Board of Township Supervisors, or, if prior to completion upon proper completion guarantee as aforesaid, purchasers and mortgagees of lots in the subdivision with or without buildings thereon or on any of them, shall be relieved of any and all liability for any deficiency in lack of or failure to complete the improvements above mentioned as set out in said plan or required as a condition precedent to the approval of the plan of subdivision, and any failure to complete or properly complete said improvements shall not encumber any or all of the lots in the subdivision.
D. 
Agreement to complete improvements. In all cases where the necessary grading, paving and other street improvements required herein shall not have been installed in strict accordance with the standards and specifications of the Township, the subdivider shall enter into a written agreement with the Township in the manner and form approved by the Township Solicitor, wherein the subdivider shall agree, to the extent applicable:
(1) 
To construct, or cause to be constructed, at his own expense, all streets, bridges, culverts, curbs, gutters, sidewalks, crosswalks, water systems, drainage facilities, streetlighting facilities, street signs, monuments, sanitary sewerage, street shade trees and parks, and other improvements shown on said subdivision plan, all in strict accordance with standards and specifications of the Township and within the time specified in said agreement.
(2) 
To make adequate provision with the Township Engineer for the inspection of the construction of the aforesaid improvements to assure compliance with Township standards and specifications.
(3) 
To maintain at his own cost the said streets, bridges, culverts, curbs, gutters, sidewalks, crosswalks, water systems, drainage facilities, streetlighting facilities, street signs, monuments, sanitary sewerage, street shade trees, parks and other improvements until the same are accepted or condemned by the Township for public use and for a period of 18 months thereafter to repair and reconstruct the same or any part or one of them when such repair or reconstruction shall be specified by the Board of Supervisors as necessary by reason of faulty construction, workmanship or materials.
[Amended 1-14-1994 by Ord. No. 122]
(4) 
To pay all costs, charges or rates of the utility furnishing electric service for the streetlighting facilities installed by the subdivider until such time as the streets shown on the subdivision plans shall have been accepted or condemned by the Township for public use, and to indemnify and save harmless the Township from and against all suits, actions, claims and demands for electric service as aforesaid, or any part thereof, to the time that said streets shall be accepted or condemned as public streets in the manner hereinabove set forth.
(5) 
To post contemporaneous with the execution of such agreement a bond, with corporate surety approved by the Township Supervisors, in such amount not less than 110% of the cost of all improvements, and in a form approved by the Township Solicitor for the use of the Township (or, in lieu of a bond, cash or letters of credit in escrow deposited in a bank approved by the Township Supervisors pursuant to an escrow agreement in a form approved by the Township Solicitor], conditioned upon the owner's proper completion of the improvements as set forth in Subsection C hereof, and the owner's maintenance and repair of the same for the period of 18 months following completion. This provision shall not be deemed to negate or otherwise affect the owner's obligation to maintain and repair all improvements from the time of completion and acceptance of dedication until 18 months thereafter and to provide security for said maintenance in accordance with the terms of this chapter.
[Amended 1-14-1994 by Ord. No. 122]
(6) 
At or before the acceptance or condemnation of the said improvements by the Township for public use, to post a bond with a corporate surety, cash or letter of credit, approved by the Township Supervisors in an amount not less than 15% of the guarantee set by Subsection D(5) hereof and in a form approved by the Township Solicitor (or, in lieu of bond, cash or a letter of credit in escrow deposited in a bank approved by the Township Supervisors pursuant to an escrow agreement in a form approved by the Township Solicitor), conditioned upon the owner's repair or reconstruction of the said improvements for the period of 18 months following the acceptance or condemnation of the same by the Township for public use where specified by the Township as necessary by reason of faulty construction, workmanship or materials.
[Amended 1-14-1994 by Ord. No. 122]
(7) 
To reimburse the Township promptly for reasonable attorney's, engineer's and inspection fees; and to obtain and pay for the easements, and deeds of dedication and releases required by this section. Failure to reimburse the Township promptly and maintain deposit balance required in § 395-73, Fees, shall be cause to withhold approval and not issue building or occupancy permits or release the escrow funds.
[Amended 1-14-1994 by Ord. No. 122]
(8) 
To file two copies of a final plan with the Board of Supervisors accurately showing as built the location of all buried utility lines, underground drains, spring heads, storm drainage lines and permanent subdivision monuments, as a condition precedent to acceptance of the streets and other required improvements.
(9) 
The provisions of this section shall not relieve the owner from the penalties provided for in the Second Class Township Code[1] for violation of this chapter.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
(10) 
Security for completion of improvements. No improvements shall be accepted or condemned by the Township for public use unless and until a bond shall have been posted or escrow funds deposited as set forth in Subsection D(6) hereof, conditioned upon the owner's repair or reconstruction of the said improvements for the period of 18 months following the acceptance of dedication of the same by the Township for public use.
[Amended 1-14-1994 by Ord. No. 122]
Before acting on any subdivision plan, the Board of Township Supervisors may arrange for a public hearing thereon, after giving such notice as the Board may deem desirable in each case.
The Board of Township Supervisors may alter any subdivision plan and specify changes or modifications therein which it deems necessary, and may make its approval subject to such alteration, changes or modifications.
The Board of Township Supervisors shall either approve or disapprove the plan and advise the subdivider of its action thereon, and, in the event that the plan is disapproved, the reasons therefor shall be set forth in writing and given to the subdivider.
In any case where the Board of Township Supervisors disapproves a subdivision plan, any person aggrieved thereby may, within 30 days thereafter, appeal therefrom, by petition to the Court of Common Pleas of the county, which Court shall hear the matter de novo and after hearing enter a decree affirming, reversing or modifying the action of the Board, as may appear just in the premises. The Court shall designate the manner in which notices of the hearing of any such appeal shall be given to all parties interested. The decision of the Court shall be final.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 1-14-1994 by Ord. No. 122]
The action of the Board of Township Supervisors or of the Court on appeal in approving any subdivision plan and an approved duplicate copy of such plan shall, within 90 days of the date of approval, be recorded by the developer in the office for the Recorder of Deeds of Delaware County. The developer shall promptly notify in writing the Secretary of the Board of Supervisors of the recording action required in this section.
Streets, parks and other public improvements shown on the subdivision 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 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, and recorded in the office of the Clerk of the Court of Common Pleas, or until it has been condemned for use as a public street, park or other improvement.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Supervisors may permit submission of the final plan in sections, provided that such sections conform to all the requirements of this chapter.
No lot in a subdivision may be sold, no permit to erect, alter or repair any building upon land in a subdivision may be issued, and no building may be erected in a subdivision, unless and until a subdivision plan has been approved and recorded and until the improvements required by the Board of Township Supervisors in connection therewith have either been constructed or guaranteed, as hereinabove provided.