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.
(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.
[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.
After a subdivision plan has been duly recorded, the streets,
parks and other public improvements shown thereon shall be considered
to be a part of the Official Map of the Township.
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.
Approval or disapproval by the Supervisors or Court shall not
be subject to approval or disapproval by the planning body of any
other municipality.
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.
