[Ord. 2001-3, 12/10/2001, § 401]
This Part shall apply to all subdivisions which propose four or more lots and to all subdivisions which propose the construction or improvement of a public street, regardless of the number of lots proposed.
[Ord. 2001-3, 12/10/2001, § 402]
1.
Prior to filing an application for preliminary approval, the applicant or his representative shall meet with the Township Secretary and other Township officials to obtain application forms and to discuss application procedures and applicable ordinance requirements.
2.
In addition, the developer may request a pre-application conference with the Planning Commission to discuss the conceptual design for the development of the property and the feasibility and timing of the application. The applicant shall contact the Township Secretary at least 15 calendar days prior to the regular meeting of the Planning Commission to request a pre-application conference with the Planning Commission.
3.
The pre-application conference with the Planning Commission is voluntary and no formal application or fee is required. This opportunity is afforded to the developer to obtain information and guidance before entering into binding commitments or incurring substantial expenses for plan preparation.
4.
While no formal application is required for a pre-application conference, the applicant should provide one copy of readily available information with the request for a pre-application conference which will show the location of the property and any special features such as streams, floodplains or other conditions that may affect the development of the property. Readily available resources which may be used include the deed for the property, a property survey, the tax maps prepared by the Washington County Assessor's Office, U.S.G.S. quadrangle map showing natural features and topography, the National Flood Insurance Administration (NFIA) flood hazard boundary maps, Natural Resources Conservation Service maps of soil types and the U.S. Bureau of Mines coal mine maps.
5.
A pre-application conference shall not constitute formal filing of any application for approval of a subdivision, shall not bind the Planning Commission to approve any concept presented in the pre-application conference and shall not protect the application from any subsequent changes in chapter provisions which may affect the proposed development between the pre-application conference and the official date of filing of an application for preliminary approval of a major subdivision under the terms of this Chapter.
[Ord. 2001-3, 12/10/2001, § 403]
1.
The applicant shall submit 10 copies of an application for preliminary approval required by § 404 of this Chapter to the Township Secretary at least 28 calendar days prior to the regular meeting of the Planning Commission. If the twenty-eighth day falls on a holiday, the application shall be filed by the close of business on the immediately preceding working day.
2.
The preliminary application shall not be considered to be complete and properly filed unless and until all items required by § 404 of this Chapter, including the application fee, have been received.
3.
Immediately upon receipt, the application shall be stamped with the date of receipt by the Township and one copy of the application shall be distributed to the Township Engineer.
4.
The Township Secretary shall submit one copy of the complete and properly filed application to the Washington County Department of Economic Development for review and comment which shall be subject to payment of the prevailing county review fee by the applicant. Additional copies may be referred to any other appropriate review agency at the discretion of the Township Secretary.
[Ord. 2001-3, 12/10/2001, § 404]
1.
All Applications. All applications for preliminary approval of a major subdivision shall include the following.
A.
10 copies of the completed application form supplied by the Township.
B.
Application filing fee, as required by § 1101 (A) of this Chapter.
C.
Proof of proprietary interest.
D.
Written evidence of compliance with all other, Township, county, State or Federal permits required for the plan, if any.
E.
10 copies of a preliminary plat, prepared and sealed by a Pennsylvania registered professional land surveyor, drawn at a scale of not less than one inch equals 100 feet, all drawings on sheets not exceeding 34 inches by 44 inches, containing the following information.
(1)
A boundary survey by a registered professional land surveyor and topographical survey of the total proposed subdivision by a registered professional engineer or registered professional land surveyor. If the developer intends to develop a tract of land in phases, the preliminary plat shall include the total tract.
(2)
The proposed name of the subdivision.
(3)
The name, address, certification and seal of the registered engineer or registered surveyor who prepared the plat and the registered surveyor who did the survey shown on the plat.
(4)
The name and address of the developer and, if the developer is not the landowner, the name and address of the landowner.
(5)
A location map showing the plan name and location; major existing thoroughfares related to the site, including the distance therefrom, title, scale and north point.
(6)
A graphic scale, north point and date.
(7)
A legend and notes.
(8)
Date of preparation. All revisions shall be noted and dated.
(9)
The existing platting of land adjacent to the site, including the names of adjoining owners, and all existing sewers, water mains, culverts, petroleum or gas lines and fire hydrants on the site or within 100 feet of the site shall be shown.
(10)
The names of all adjoining subdivisions.
(11)
Existing watercourses, wetlands, tree masses and other significant natural features.
(12)
Location of existing buildings and all other structures, including walls, fences, culverts and bridges, with spot elevations of such buildings and structures. Structures to be removed shall be indicated by dashed lines; structures to remain shall be indicated by solid lines.
(13)
Areas subject to periodic flooding, if any, as identified on the current official map for the Township issued by the Federal Insurance Administration.
(14)
A wetlands determination report for all sites which have hydric soils or soils with hydric inclusions and, if applicable, a wetlands delineation report for all jurisdictional wetlands on the site and the design techniques proposed to accommodate them.
(15)
Contours at intervals of elevation of not more than five feet where the slope is greater than 10 percent or greater and at intervals of not more than two feet where the slope is less than 10 percent.
(16)
A slope map showing the location and the area of land in square feet which has a slope of 25 percent or greater and certification by a registered professional geotechnical engineer regarding the feasibility of any proposed grading on slopes greater than 25 percent, the stability of the finished slopes, measures to mitigate landslides, soil erosion, sedimentation, stormwater runoff and potential impacts on adjacent properties.
(17)
Written or graphic evidence that all earthmoving activities shall conform to the Township's Grading and Excavating regulations, Chapter 9 of the Code of Ordinances of the Township.
(18)
A soils map identifying soils which are landslide prone, if any.
(19)
Existing streets and rights-of-way on or adjoining the site, including dedicated widths, roadway widths, approximate gradients, types and widths of pavements, curbs, sidewalks and other pertinent data.
(20)
Existing and proposed easements, locations, widths and purposes.
(21)
Location, width and approximate grade of all proposed streets, and the cuts or fills on said streets at 50 foot intervals.
(22)
The layout of lots (showing scaled dimensions), lot numbers and the area of lots in square feet.
(23)
Front building lines.
(24)
Parcels of land proposed to be reserved for schools, parks, playgrounds or other public, semi-public or community purposes, if any. Parcels shall be lettered A, B, C, etc. and the area of each parcel in acres shall be shown.
(25)
Tabulation of site data, including total acreage of land to be subdivided, the number of residential lots, typical lot size, the acreage in the subdivision and the acreage in any proposed recreation or other public areas.
(26)
The location of all existing sewer lines, culverts or other underground structures, with pipe sizes and types, together with a preliminary layout of necessary extensions of, or additional, sewer lines or other proposed underground utilities, and indicating easements for public utilities, sewage and drainage.
(27)
Feasibility of proposals for disposition of stormwater and sanitary waste.
(28)
Proposed private improvements, if any.
(29)
Written or graphic evidence that all plans will conform to the Township construction standards.
(30)
If applicable, a notation on the plat that access to a State highway shall only be authorized by a highway occupancy permit issued by the Pennsylvania Department of Transportation under § 420 of the State Highway Law (P.L. 1242, No. 428 of June 1, 1945) and that the approvals of the Smith Township Planning Commission and Township Supervisors are conditional, subject to action of the Pennsylvania Department of Transportation pursuant to application for a highway occupancy permit.
(31)
Soil erosion and sedimentation control plan and narrative.
(32)
If required by law, evidence that soil erosion and sedimentation control plans have been submitted to the Washington County Conservation District and that the applicant has paid all applicable review fees and the NPDES permit has been issued.
(33)
Plan monumentations, as required by § 801 of this Chapter.
F.
In the case of a plan which proposes 25 or more dwelling units, a traffic study prepared in accordance with § 604(1) (F).
G.
Wherever public improvements are proposed or where evidence exists of deep mining, strip mining, landslide prone soils or other geologic hazards on the site, a geologic report by a qualified registered professional geotechnical engineer acceptable to the Township regarding soil and subsurface conditions and the probable measures needed to be considered in the design of the development, the location of structures and the design of foundations, if any.
I.
A written statement requesting any waivers or modifications to this Chapter in accordance with Part 10, if applicable.
J.
A written statement identifying any zoning variances which will be needed or which have been granted to the property by the Zoning Hearing Board.
[Ord. 2001-3, 12/10/2001, § 405]
1.
Planning Commission Recommendation.
A.
At the first regular meeting of the Planning Commission after submission of a preliminary application, the Planning Commission shall either accept or reject the application as complete in content and properly filed. The date of the Planning Commission meeting at which the preliminary application is accepted as complete and properly filed shall be the official date of filing of the application and shall represent the beginning of the 60 day period for Planning Commission review and recommendation on the application, unless the applicant agrees, in writing, to an extension of time. During the 60 day review period, the Township Engineer shall provide preliminary review comments to the Planning Commission and the applicant.
B.
Within 60 days of the official date of filing of the preliminary application, the Planning Commission shall recommend either approval, approval with conditions or disapproval of the preliminary application at a public meeting. In the case of a recommendation for disapproval, the Planning Commission recommendation shall cite the specific requirements of this Chapter which have not been met.
2.
Action by Township Supervisors.
A.
The Township Engineer shall present a written report to Township Supervisors which states whether an application complies with the requirements of this Chapter and that report shall be included in the minutes of the Township Supervisors meeting. Within 90 days of the official date of filing of the preliminary application, Township Supervisors shall either approve, approve with conditions or disapprove the preliminary application at a public meeting. Township Supervisors shall not act until the review has been received from the Washington County Department of Economic Development or until 30 days has passed since the date that the application was submitted to the County for review. The recommendation of the Township Planning Commission and the report of the Washington County Department of Economic Development, if any, shall be made a part of the record at that meeting.
B.
A letter indicating, approval with conditions or disapproval shall be mailed to the applicant within 15 days of the date of the decision by Township Supervisors. If the preliminary application is not approved, Township Supervisors shall specify the defects found in the preliminary application and cite the specific requirements of this Chapter which have not been met.
3.
Conditional Approval. If Township Supervisors determine that certain conditions are warranted to be attached to preliminary approval to protect the public interest and guarantee compliance with the requirements of this Chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by subsection (2), above. The applicant shall accept or reject the conditions attached to preliminary approval by giving written notice to the Township Supervisors within 30 days of the date of the meeting of Township Supervisors at which preliminary approval is granted. If the applicant rejects any of the conditions or if the applicant fails to give written notice to the Township Supervisors regarding acceptance or rejection of the conditions attached to preliminary approval within the required 30 days, preliminary approval shall automatically be rescinded without written notice to the applicant.
4.
Deemed Approval. Failure of Township Supervisors to render a decision and communicate it to the applicant within the time and in the manner prescribed by this Chapter shall be deemed an approval of the application in the terms as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.
5.
Expiration of Preliminary Approval.
A.
Preliminary approval shall expire five years from the date of the grant of preliminary approval by Township Supervisors, unless a written extension is submitted by the applicant and approved by Township Supervisors. Any request for extension shall be submitted to Township Supervisors at least 30 days prior to the prevailing expiration date. Extensions may be granted for one or more six month periods upon a finding by Township Supervisors that such extension is warranted for reasonable cause and not due to the applicant's own negligence or inaction.
B.
In the case of a phased development, calling for the installation of improvements beyond the five year period, a schedule shall be filed by the applicant with the preliminary application delineating all proposed phases, as well as time deadlines by which applications for final plat approval of each phase are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of preliminary approval until final plat approval of the final phase has been granted. Any modification in the aforesaid schedule shall be subject to approval by Township Supervisors in its sole discretion. Phased development shall be subject to the time protection provisions of § 508(4) of the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended).
[Ord. 2001-3, 12/10/2001, § 406]
1.
After a preliminary application for a major subdivision has been approved by Township Supervisors, the developer may proceed by filing an application for final approval of a major subdivision. The final application may be submitted for the entire development granted preliminary approval or may be submitted in phases in accordance with § 408(5) of this Chapter.
2.
If the major subdivision proposes any variances to the Township Zoning Ordinance [Chapter 27], the decision of the Zoning Hearing Board shall be issued prior to submission of the application for final approval. If the zoning variances are denied, the final plat shall be revised to show compliance with the zoning requirements at issue. If the final plat is not revised to show compliance with the zoning requirements which are at issue, a new preliminary application shall be required.
3.
In either case, the applicant shall submit 10 copies of the final application required by § 407 to the Township Secretary at least 28 calendar days prior to the regular meeting of the Planning Commission. If the twenty-eighth day falls on a holiday, the application shall be filed by the close of business on the immediately preceding working day.
4.
Immediately upon receipt, the application shall be stamped with the date of receipt by the Township and one copy of the application shall be distributed to the Township Engineer.
5.
Additional copies may be referred to any other appropriate review agency at the discretion of the Township Secretary.
6.
The final application shall not be considered to be complete and properly filed unless and until all items required by § 407 of this Chapter, including the application fee, have been received.
[Ord. 2001-3, 12/10/2001, § 407]
All applications for final approval of a major subdivision shall include the following:
A.
10 copies of the completed application form supplied by the Township.
B.
Application filing fee, as required by § 1101 (A) of this Chapter.
C.
One copy of the approved preliminary plat.
D.
Written evidence of compliance with all other applicable Township, county, State or Federal regulations or permits.
E.
10 copies of the final plat, prepared and sealed by a Pennsylvania registered professional land surveyor, in accurate and final form for recording drawn to a scale not less than one inch equals 100 feet on sheets not exceeding 34 inches by 44 inches which clearly delineates the following.
(1)
The name of the subdivision.
(2)
The name and address of the developer, and, if the developer is not the landowner, the name and address of the landowner.
(3)
The name, address, signature, license number and seal of the registered land surveyor who prepared the plat.
(4)
The north point, graphic scale and date.
(5)
Accurate boundary lines, with dimensions and bearings. The boundary of the tract shall be determined by an accurate survey in the field which must be balanced and closed and certified to be correct by a registered land surveyor.
(6)
Accurate locations of all existing and recorded streets intersecting the boundaries of the tract of land described in the final plat.
(7)
Lot numbers, dimensions of each lot and the area of each lot, in square feet. All lots shall be numbered consecutively.
(8)
All dimensions shall be shown to the nearest one 0.01 of a foot, United States Standard measure.
(9)
Final building lines.
(10)
The location and dimensions of all easements for public improvements and any limitations on such easements.
(11)
Dimensions and bearings of any property to be reserved for public, semi-public or community use, if any.
(12)
Street names, which do not duplicate or sound like an existing street name in the 911 service area.
(13)
Complete curve data for all curves included in the final plat, including radius, arc length, chord bearing and chord distance. Lines which join these curves that are non-radial or non-tangential should be so noted.
(14)
Street lines with accurate dimensions in feet and hundredths of feet.
(15)
If applicable, a notation on the plat that access to a State highway shall only be authorized by a highway occupancy permit issued by the Pennsylvania Department of Transportation under § 420 of the State Highway Law (P.L. 1242, No. 428 of June 1, 1945) and that the approvals of the Smith Township Planning Commission and Township Supervisors are conditional, subject to action of the Pennsylvania Department of Transportation pursuant to application for a highway occupancy permit.
(16)
If applicable, a notation on the plat regarding any zoning variances granted by the Zoning Hearing Board, including the date of the decision, the appeal number and the nature of the variance granted.
(17)
Location, type and size of all monuments and lot markers in accordance with the standards and requirements of § 801 of this Chapter and the Washington County Subdivision and Land Development Ordinance and an indication of whether they were found or set.
(18)
Soil erosion and sedimentation control plan and narrative.
(19)
Where applicable, evidence of approvals from the Washington County Soil Conservation District, Pennsylvania Department of Environmental Protection or the U.S. Army Corps of Engineers and any other applicable County, State or Federal agency.
(20)
Spaces for the signatures of the Chairman and Secretary of the Planning Commission; the President and Secretary of Township Supervisors; the Township Engineer; and dates of approval.
(21)
Certification clauses required by the Washington County Subdivision and Land Development Ordinance.
F.
Certificate of completion of public improvements in the plan or a performance bond to guarantee proper installation of the public improvements in the plan, as required by § 411 of this Chapter.
I.
Two copies of construction plans for public improvements prepared by a registered professional engineer drawn on sheets measuring 24 by 36 inches showing the following.
(1)
Conformity with the design standards specified in Part 6 of this Chapter and the Township construction standards.
(2)
Street plan and profile of each street in the plan, including the terminus of all streets in the plan and any area beyond the limits of the plan where grading is proposed to construct the street. Street plan and profile drawings shall include all drainage easements over property, location of catch basins, inlets, manholes, headwalls and endwalls of the stormwater system. Top and invert elevations shall be shown along with the pipe size. Profile of storm sewer pipes shall show any crossing sanitary sewer lines, water lines or other utility lines. Lot lines and lot numbers shall be included in the street plan view.
(3)
At least three cross sections at intervals not to exceed 100 feet and extending 50 feet on each side of the street centerline or 25 feet outside of the street right-of-way, or to the limits of grading, whichever is greater.
(4)
Sanitary sewer plan and profile drawing which shall include lot lines and lot numbers on the plan view. The location of the sanitary sewers, manholes and location of each "Y" proposed for installation shall be shown. The grade line, distance and pipe size of each line shall be indicated on the plan and profile. The top and invert elevation of each manhole plus pipe invert grades at 50 foot intervals shall be provided.
(5)
All construction drawings shall be prepared according to accepted engineering practice.
J.
Final grading plan which demonstrates compliance with the Township Grading and Excavating regulations, Chapter 9 of the Code of Ordinances of the Township.
K.
Plans showing compliance with recommendations of the Soils Report or Wetlands Delineation Report, if applicable.
[Ord. 2001-3, 12/10/2001, § 408]
1.
Planning Commission Recommendation.
A.
At the first regular meeting of the Planning Commission after submission of a final application, the Planning Commission shall either accept or reject the application as complete and properly filed. The date of the Planning Commission meeting at which the final application is accepted as complete and properly filed shall be the official date of filing for the application and shall represent the beginning of the 60 day period for Planning Commission review and recommendation on the application, unless the applicant agrees, in writing, to an extension of time. During the 60 day review period, the Township Engineer shall provide review comments to the Planning Commission and the applicant.
B.
Within 60 days of the official date of filing of the application, the Planning Commission shall make a recommendation, in writing, to Township Supervisors for approval, approval with conditions or disapproval of the final application. In the case of a recommendation for disapproval, the Planning Commission recommendation shall cite the specific requirements of this Chapter which have not been met.
2.
Action by Township Supervisors.
A.
The Township Engineer shall present a written report to Township Supervisors which states whether the application complies with the requirements of this Chapter and that report shall be included in the minutes of the Supervisors meeting.
B.
Within 90 days of the official date of filing of the application, Township Supervisors shall either approve, approve with conditions or disapprove the final application at a public meeting. The Planning Commission's written recommendation shall be made a part of the record at that meeting.
C.
A letter indicating approval, approval with conditions or disapproval shall be mailed to the applicant within 15 days of the date of the decision by Township Supervisors. If the final application is not approved, Township Supervisors shall specify the defects found in the final application and cite the requirements of this Chapter which have not been met.
3.
Conditional Approval. If Township Supervisors determine that certain conditions are warranted to be attached to final approval to protect the public interest and guarantee compliance with the requirements of this Chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by subsection (2), above. The applicant shall accept or reject the conditions attached to final approval either by giving written notice to the Township Supervisors or by executing the development agreement required by § 413 of this Chapter within 30 days of the date of the meeting of Township Supervisors at which final approval is granted. If the applicant rejects any of the conditions or if the applicant fails to give written notice to the Township Supervisors regarding acceptance or rejection of the conditions attached to final approval or execute the development agreement within the required 30 days, final approval shall automatically be rescinded without written notice to the applicant.
4.
Deemed Approval. Failure of Township Supervisors to render a decision and communicate it to the applicant within the time and in the manner prescribed by this Chapter shall be deemed an approval of the application in the terms as presented, unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.
5.
Phased Approval.
A.
In the case where development of a major subdivision is projected over a period of years, the Township authorizes submission of final applications by sections or phases of development, subject to such requirements or guarantees for public improvements in future sections or phases of the development which are essential for the protection of the public welfare and any existing or proposed section or phase of the plan.
B.
All sections or phases shall conform to the preliminary application as previously approved by the Township. Any phase that contains substantive changes in the number of lots or buildings proposed or in the layout of the lots, buildings or streets previously approved in the preliminary application shall require complete resubmission of the preliminary application in accordance with §§ 403, 404 and 405 of this Chapter.
[Ord. 2001-3, 12/10/2001, § 409]
1.
The Township may offer the mediation option as an aid in completing the proceedings authorized by this Part. Mediation shall supplement, not replace, those procedures in this Part once they have been formally initiated. Nothing in this Section shall be interpreted as expanding or limiting the Township's police powers or as modifying any principles of substantive law.
2.
Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. In offering the mediation option, the Township shall assure that in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:
A.
Funding mediation.
B.
Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
C.
Completing mediation, including time limits for such completion.
D.
Suspending time limits otherwise authorized in this Chapter or in the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended), provided there is written consent by the mediating parties, and by the applicant or Township Supervisors, if either is not a party to the mediation.
E.
Identifying all parties and affording them the opportunity to participate.
F.
Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.
G.
Assuring that mediated solutions are in writing and signed by the parties, and become subject to review and approval by Township Supervisors pursuant to the procedures for approval set forth in this Part.
3.
No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.
[Ord. 2001-3, 12/10/2001, § 410]
When requested by the developer, in order to facilitate financing, Township Supervisors shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer executing the development agreement and posting any required performance bond. The final plat shall not be signed nor recorded until the performance bond is posted and the development agreement is executed. The resolution shall expire and be deemed to be revoked if the performance bond is not posted and the development agreement is not executed within 90 days, unless a written extension is granted by Township Supervisors. Such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.
[Ord. 2001-3, 12/10/2001, § 411]
1.
In lieu of the completion of any improvement required prior to and as a condition for final approval of a plat, the applicant shall deposit a performance bond, as defined by this Chapter, in favor of the Township, in an amount equal to one hundred and ten (110) percent of the cost of completion of the improvements estimated as of 90 days following the date scheduled for completion by the developer. The surety company or lending institution holding the performance bond shall notify the Township Supervisors by certified mail at least 30 days prior to the expiration of the performance bond.
2.
Annually, the Township may adjust the amount of the performance bond 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 ninetieth day after either the original date scheduled for completion of 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 performance bond equals said one hundred and ten (110) percent. Any additional security shall be posted by the developer in accordance with this Section.
3.
The amount of the performance bond required shall be based upon a written estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by an engineer and certified by such engineer to be a fair and reasonable estimate of such cost. 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 engineer 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.
4.
If the party posting the performance bond requires more than one year from the date of posting of the performance bond to complete the required improvements, the Township may increase the amount of the performance bond an additional 10 percent for each one year period beyond the first anniversary date from posting of the performance bond or to an amount not exceeding 110 percent of the cost of completing the required improvements as re-established on or about the expiration of the preceding one year period by using the above procedure.
[Ord. 2001-3, 12/10/2001, § 412]
In all subdivisions or land developments where private improvements are required by this Chapter or are voluntarily provided by the developer, an amenities bond shall be required. The procedure for posting the amenities bond shall be the same as that required by § 411 of this Chapter for posting a performance bond, except that the estimate of the cost of completion of the required private improvements shall be prepared by the applicant's or developer's engineer and shall be certified by such engineer to be a fair and reasonable estimate of such costs. The Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. Disputes shall be resolved in accordance with the procedure specified in § 411.
[Ord. 2001-3, 12/10/2001, § 413]
1.
As a condition of granting final approval of a subdivision or land development that requires the posting of a performance bond or an amenities bond or to which conditions are attached to the grant of final approval, Township Supervisors shall require that the developer execute a development agreement with the Township, in a form acceptable to the Township Solicitor, containing any conditions attached to the approval of the plan and provisions that are reasonably required to guarantee the proper installation of public and private improvements related to the subdivision and/or land development and provisions necessary to indemnify the Township in connection therewith.
2.
Said agreement shall be executed, the required performance bond or amenities bond shall be posted and all required fees shall be paid before the Chairman of the Township Supervisors shall affix his or her signature and the Township's seal to the final plat for recording purposes.
[Ord. 2001-3, 12/10/2001, § 414]
Upon approval of a final plat by the Township, the developer shall, within 90 days of such final approval, record such plat in the Office of the Washington County Recorder of Deeds.
[Ord. 2001-3, 12/10/2001, § 415]
1.
In the event that the plan has not been recorded within the required 90 days, the Chairman of the Township Supervisors is authorized to reinstate the signatures of the proper officers of the Township indicating approval, provided there are no changes in the major subdivision previously granted approval and all the requirements of this Chapter regarding posting of a performance bond or amenities bond and execution of a development agreement have been met and, further, provided the plan is submitted for reinstatement of approval within 180 days following the date of the original final approval by Township Supervisors.
2.
Any request for reinstatement of final approval which is submitted after 180 days from the date of the original granting of final approval by Township Supervisors shall be required to resubmit an application for final approval in conformance with the requirements of §§ 406 through 416 of this Chapter.
[Ord. 2001-3, 12/10/2001, § 416]
Within 90 days of the date of recording of the final plat in the Office of the Washington County Recorder of Deeds, the applicant shall deliver to the Township Secretary, one mylar and three paper prints of the final plat as recorded, containing all required signatures and dates of approval.