[Ord. 2001-3, 12/10/2001, § 601]
1. This Part shall apply to the following.
A. The improvement of one lot for one multifamily residential building
or a group of two or more residential or nonresidential buildings.
B. The improvement of one lot for one nonresidential building, regardless
of the number of tenants.
C. Any change of use, addition to or structural enlargement of a nonresidential
structure which results in either:
(1)
An increase in the gross floor area of the principal building
of 1,500 square feet or more.
(2)
An increase in the paved area of the lot of 1,500 square feet
or more.
(3)
An increase in the gross floor area of the principal building
and the paved area of the lot which, in combination, total 1,500 square
feet or more.
D. The division or allocation of land or space among two or more occupants
by leasehold or condominium.
2. This Part shall not apply to the following.
A. Improvement of one lot for a single family or a two-family dwelling.
B. The conversion of an existing single family or two-family dwelling
into not more than three dwelling units, unless such units are intended
to be a condominium.
C. The addition of no more than one accessory building or structure
either singularly or cumulatively, not exceeding one story or 15 feet
in height and covering an area on the lot no greater than 200 square
feet, on a lot or lots which is subordinate to any existing principal
building and used for the same purpose as the principal building.
D. A one time exemption for any addition to or structural enlargement
of a nonresidential structure which results in either:
(1)
An increase in the gross floor area of the principal building
of less than 1,500 square feet.
(2)
An increase in the paved area of the lot of less than 1,500
square feet.
(3)
An increase in the gross floor area of the principal building
and the paved area of the lot which, in combination, total less than
1,500 square feet.
3. The foregoing shall be subject to the procedures specified in Part
5 for a minor land development.
[Ord. 2001-3, 12/10/2001, § 602]
1. Prior to filing an application for preliminary approval of a major
land development, 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 land development, 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 ordinance provisions which may affect the proposed development
between the date of the pre-application conference and the official
date of filing of an application for preliminary approval of a land
development under the terms of this Chapter.
[Ord. 2001-3, 12/10/2001, § 603]
1. The applicant shall submit 10 copies of an application for preliminary
approval of a major land development required by § 604 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 § 604
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. 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, § 604]
1. All Applications. The application for preliminary approval of a major
land development shall be submitted in accordance with § 603
of this Chapter and shall include the following information:
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. If the proposed use is a conditional use or use by special exception,
an application for approval of the conditional use or use by special
exception shall accompany the application for preliminary approval
of the major land development. Preliminary approval of the major land
development shall not be granted unless the conditional use or use
by special exception is approved prior to or concurrent with the preliminary
major land development plan.
F. For all applications which propose 25 or more dwelling units or any
nonresidential building or buildings (existing and proposed) that
generate 100 or more vehicle trips per day, a traffic report prepared
by a qualified traffic engineer shall be submitted detailing the nature
and extent of trip generation expected to result from the proposed
development based on the ratios and methodology contained in the current
edition of the manuals of the Institute of Transportation Engineers.
The report shall include current and projected capacities and levels
of service of all streets and intersections within 1,000 feet of the
site proposed for development or the next nearest intersection and
recommendations for improvements to streets and/or traffic control
devices within the site or immediately adjacent to the site. The traffic
report shall be signed and sealed by a registered professional traffic
engineer.
G. Wherever any 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
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.
H. 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.
I. Ten copies of a preliminary plat, accurately drawn to a scale of
not less than one inch equals 50 feet on a survey prepared and sealed
by a Pennsylvania registered land surveyor. The preliminary plat shall
include or be accompanied by the following information and shall be
prepared and sealed by a registered professional engineer or registered
professional land surveyor.
(1)
Date of preparation. All revisions shall be noted and dated.
(2)
A location map showing the location of the tract with reference
to the surrounding properties, existing streets and streams within
1,000 feet of the land development.
(3)
Name of the development, including the words "preliminary land
development plan;" north arrow; graphic scale; county assessment map
and parcel number; the name and address of the record owner; the name
and address of the applicant; the name and address, signature, license
number and seal of the Pennsylvania registered land surveyor preparing
the survey. If the owner of the premises is a corporation, the name
and address of the president and secretary shall be submitted on the
application.
(4)
All distances shall be in feet and one hundredths (0.01) of
a foot and all bearings shall be given to the nearest one second.
(5)
The zoning district in which the parcel is located, together
with the zoning classification of properties within 200 feet of the
boundaries of the property for which the application is made.
(6)
Property survey showing survey data, including boundaries of
the property, building or setback lines and liens of existing and
proposed streets, lots, reservations, easements and areas dedicated
to public use, including grants, restrictions and rights-of-way, to
be prepared by a licensed land surveyor. The name, address, signature
and seal of the surveyor shall be indicated.
(7)
A copy of any existing or proposed covenants, deed restrictions,
which are applicable to the property.
(8)
A written statement requesting any waivers or modifications to this Chapter in accordance with Part
10, if applicable.
(9)
A written statement identifying any zoning variances which will
be needed or which have been granted to the property by the Zoning
Hearing Board.
(10)
The distance, measured along the right-of-way lines of existing
streets abutting the property, to the nearest intersections with other
public streets within 200 feet of the site boundaries.
(11)
The location and dimensions of proposed buildings and structures,
all accessory structures and fences, if any, including front, side
and rear yard setbacks, height of buildings, first floor elevations
of all structures and floor plans and elevation plans of each building.
(12)
If applicable, flood hazard zone boundaries, as identified on
the current official map for the Township issued by the Federal Insurance
Administration.
(13)
Existing and proposed contours, referred to United States Coast
and Geodetic Survey datum, with a contour interval of two feet for
slopes of less than 10 percent and an interval of five feet for slopes
of 10 percent or more. Existing contours are to be indicated by dashed
lines and proposed contours are to be indicated by solid lines.
(14)
Written or graphic evidence that all earthmoving activities shall comply with the Township Grading and Excavating regulations, Chapter
9 of the Code of Ordinances of the Township.
(15)
Location of existing rock outcrops, high points, watercourses,
depressions, ponds, marshes, wooded areas and other significant existing
features, including previous flood elevations of watercourses, ponds
and marsh areas as determined by field survey.
(16)
A slope map showing the location and the area (in square feet)
of land 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)
A soils map identifying soils which are landslide prone, if
any.
(18)
Any and all existing streets related to the proposed development;
including the names, cartway widths, approximate gradients and sidewalk
widths.
(19)
If any new streets are proposed, profiles, indicating grading;
cross sections showing the width and design of roadways and sidewalks.
(20)
Area, to the nearest thousandth of an acre of the site to be
developed for nonresidential purposes and/or the area, in square feet,
of each lot to be developed for residential purposes.
(21)
Plans of proposed stormwater systems showing feasible connections
to existing drainage within 500 feet of any boundary, and all areas
and any other surface area contributing to the calculations, and showing
methods to be used in the drainage calculations.
(22)
Stormwater management plans, as required by § 908
of this Chapter.
(23)
The location and size of all existing sanitary sewers and the
location and size of all proposed sanitary sewers.
(24)
The location and size of all existing and proposed waterlines,
valves and hydrants.
(25)
The location, width and purpose of all existing and proposed
easements and rights-of-way.
(26)
The location, type and approximate size of existing utilities
to serve the development, and written verification from each utility
that service will be provided to the development.
(27)
Tree masses and all individual specimen trees having a caliper
of four inches or greater.
(28)
A soil erosion and sedimentation control plan prepared by a
person trained and experienced in control methods and techniques which
conforms to the requirements of the Pennsylvania Clean Streams Law
and Chapter 102 of the Rules and Regulations of the Pennsylvania Department
of Environmental Protection governing erosion control and documentation
that the County Soil Conservation Service has issued as NPDES permit
if required.
(29)
The number and density of dwelling units (if residential).
(30)
All means of vehicular access for ingress and egress to and
from the site onto public streets, showing the size and location of
internal streets or driveways and curb cuts including the organization
of traffic channels, acceleration and deceleration lanes, additional
width and any other improvements on the site or along the site's
street frontage necessary to prevent a difficult traffic situation.
All pedestrian walkways and provisions for handicapped facilities
in compliance with the requirements of the Americans with Disabilities
Act (ADA) for an accessible site shall also be shown.
(31)
Computation of the number of parking spaces to be provided,
the location and design of offstreet parking areas and loading areas
showing size and location of bays, aisles and barriers and the proposed
direction of movement.
(32)
Tabulation of site data, indicating zoning requirements applicable
to the site and whether the proposed site development features comply.
(33)
Proposed screening and landscaping, including a preliminary
planting plan.
(34)
The methods, placement and screening of solid waste disposal
and storage facilities.
(35)
If applicable, a detailed proposal, including covenants, agreements
or other specific documents showing the ownership and method of assuring
perpetual maintenance to be applied to those areas which are to be
used for recreational or other common purposes.
(36)
Written or graphic evidence that all public and/or private improvements
will comply with the design standards of this Chapter and the Township
construction standards.
(37)
If the plan is to be completed in phases, the proposed sequence
of development with projected time schedule for completion of each
of the several phases.
(38)
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 by the Pennsylvania
Department of Transportation pursuant to application for a highway
occupancy permit.
(39)
Spaces for the signature of the Chairman and Secretary of the
Planning Commission; the President and Secretary of Township Supervisors;
and dates of approval.
(40)
Plan monumentations, as required by § 801 of this
Chapter.
[Ord. 2001-3, 12/10/2001, § 605]
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 make a recommendation to
Township Supervisors for 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's 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 Supervisors meeting.
B. 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.
C. A letter indicating approval, approval with conditions or disapproval
shall be sent to the applicant by regular mail 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 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. If an application for final approval of a land development, or in
the case of a phased development, an application for the first phase
of the land development is not submitted within one year from the
date of the grant of preliminary approval by Township Supervisors,
preliminary approval shall expire, unless a written request for an
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 a 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, § 606]
1. The applicant shall submit 10 copies of the application for final
approval required by § 607 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 days falls on a holiday,
the application shall be filed by the close of business on the immediately
preceding working day.
2. 2. The final application shall not be considered to be complete and
properly filed unless and until all items required by § 607
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 Secretary and one copy of the application
shall be distributed to the Township Engineer. Additional copies may
be referred to any other appropriate review agency at the discretion
of the Township Secretary.
[Ord. 2001-3, 12/10/2001, § 607]
All applications for final approval of a major land development
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. 10 copies of a final plat drawn at a scale of not less than one inch
equals 100 feet. The final plat shall show or be accompanied by the
following information and shall be prepared and sealed by a Pennsylvania
registered land survey.
(1)
Date, name and location of the land development, the name of
the owner, graphic scale and the words "final major land development
plan."
(2)
Tract boundary lines, right-of-way lines of streets, street
names, easements and other rights-of-way, land reserved or dedicated
to public use, all lot lines and other boundary lines; with accurate
dimensions, bearing or reflection angles, and radii, arcs and central
angles of curves; and the area of each lot.
(3)
The names, exact location and widths of all existing and recorded
streets intersecting or paralleling the plot boundaries within a distance
of 200 feet or the next nearest intersection.
(4)
The purpose, location and dimensions of any easement or land
reserved for or dedicated to public use shall be designated.
(5)
Lot and block numbers assigned to the property by the county
assessment office, including lot and block numbers of immediately
abutting property.
(6)
Certification by the applicant's surveyor as to accuracy
of details of plat. The error of closure shall not be less than one
in 15,000.
(7)
Dates of preparation and dates of all revisions to the plan.
(8)
Name, address, signature and seal of the professional or professionals
who prepared the plans, including the following mandatory requirements.
(a)
Registered engineer for stormwater management plans and construction
drawings for public and private improvements.
(b)
Registered land surveyor shall prepare property survey.
(9)
The name, address, signature and seal of the professional or
professionals who prepared the plans, including the following optional
requirements.
(a)
In lieu of a registered engineer or registered land surveyor,
a registered architect may prepare building drawings, only.
(b)
In lieu of a registered engineer or registered land surveyor,
a registered landscape architect may prepare grading or landscaping
plans, only.
(10)
Evidence of required permits from applicable Federal, State
and County agencies.
(11)
Certification of service from all applicable utility companies.
(12)
A design view of the front, side and rear elevations of the
proposed structures.
(13)
Location, height and use of all existing and proposed structures
on the property, indicating structures to be removed, if any, and
the distances between proposed structures or additions to existing
structures and adjacent property lines.
(14)
A site lighting plan showing details of all exterior lighting
fixtures and supports, the location of exterior lighting fixtures
proposed to light the buildings, parking areas, sidewalks and any
other areas proposed for public use; documentation that proposed lighting
will be shielded and reflect away from adjacent streets and residential
properties; a photometric plan which indicates a grid of spot lighting
levels to the nearest tenth (0.1) of a footcandle.
(15)
Layout and design of proposed parking and loading areas, including
the gradient of proposed driveways and parking facilities and the
proposed pattern of traffic circulation on the site, including pavement
markings, islands, curbs, bumper guards and similar facilities.
(16)
Sidewalks or walkways, if any, proposed for pedestrian circulation
on the site.
(17)
The type of paving material to be used for all sidewalks, walkways,
driveways and parking facilities.
(18)
A final landscaping plan showing the type, size and location
of any plant material proposed and all areas proposed to be seeded
and the parties responsible for future maintenance.
(19)
Construction materials of all fences, walls or screens.
(20)
A final grading plan, demonstrating compliance with Chapter
9 of the Code of Ordinances of the Township (Grading and Excavating), including erosion and sedimentation control measures.
(21)
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 by the Smith Township Planning Commission and Township
Supervisors are conditional, subject to action of the Pennsylvania
Department of Transportation pursuant to an application for a highway
occupancy permit.
(22)
Soil erosion and sedimentation control plan and narrative.
(23)
If applicable, an N.P.D.E.S. Permit obtained from the Washington
County Conservation District.
(24)
Final stormwater management calculations and construction drawings
for stormwater management facilities as required by § 908
of this Chapter.
(25)
Storm drainage plan, including location, pipe size, grade, direction
of flow, capacity and material of all storm sewers and connections
to existing systems; location and invert and other elevations of all
catch basins, manholes, culverts and other appurtenances; location
and width of all storm drainage easements; and location of surface
swales, if any.
(26)
Plans showing compliance with recommendations of soils report,
wetlands delineation report or geotechnical engineer's report,
if applicable.
(27)
Written evidence that an amenities bond for private improvements,
as required by § 412 of this Chapter, will be submitted
at the time of execution of the development agreement.
(28)
If any public improvements are proposed, written evidence that
a performance bond, as required by § 411 of this Chapter,
will be submitted at the time of execution of the development agreement.
(29)
Spaces for signatures of the President and Secretary of Township
Supervisors; the Chairman and Secretary of the Planning Commission;
and dates of approval.
(30)
Plan monumentations, as required by § 801 of this
Chapter.
[Ord. 2001-3, 12/10/2001, § 608]
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 an 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 approval, 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 a land development 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 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 §§ 603, 604 and 605
of this Chapter.
[Ord. 2001-3, 12/10/2001, § 609]
The Township may offer the mediation option as an aid in completing
the proceedings authorized by this Part in accordance with the requirements
of § 409 of this Chapter.
[Ord. 2001-3, 12/10/2001, § 610]
All land developments shall be further subject to the requirements
for a development agreement as specified in § 413 of this
Chapter.
[Ord. 2001-3, 12/10/2001, § 611]
All land developments shall be further subject to the requirement
for an amenities bond as specified in § 412 of this Chapter.
[Ord. 2001-3, 12/10/2001, § 612]
Land developments which propose the extension or installation
of any public improvements, as defined by this Chapter, shall be further
subject to §§ 411 and 413 of this Chapter governing
posting of a performance bond to guarantee their proper installation
and execution of a development agreement.
[Ord. 2001-3, 12/10/2001, § 613]
1. A land development plan shall not be required to be recorded in the
Washington County Recorder of Deeds office, if the land development
is proposed on a lot or lots of record, unless a declaration plan
is required to be recorded by the PA Unit Property Act for a condominium.
2. Any land development plan which involves the subdivision, resubdivision
or consolidation of property or the dedication of easements or rights-of-way
for public improvements shall present a final plat for recording purposes
with the application for final approval of the land development. The
final plat for recording shall be prepared in accordance with the
requirements of § 304 of this Chapter for a minor subdivision.
[Ord. 2001-3, 12/10/2001, § 614]
Whether or not the land development is required to be recorded,
the applicant shall deliver to the Township, one mylar and three paper
prints of the approved final land development plan containing the
required signatures and date of approval within 90 days of the date
that Township Supervisors grant final approval.
[Ord. 2001-3, 12/10/2001, § 615]
1. Failure
to Execute Development Agreement and Post Amenities Bond. If the amenities
bond required by § 611 and/or the development agreement
required by § 610 have not been submitted to the Township
within 90 days of the date of the meeting at which Township Supervisors
granted final approval to the land development plan, final approval
shall expire automatically, unless final approval is reinstated in
accordance with § 616 of this Chapter.
2. Failure to Initiate and Pursue Construction. If construction of a
land development which has been granted final approval, and for which
a development agreement and amenities bond have been submitted, is
not initiated and diligently pursued within one year of the date of
final approval, final approval shall expire immediately; provided,
however, that Township Supervisors may grant a reasonable extension,
if the developer presents satisfactory evidence that difficulties
have prevented the work from being initiated and/or diligently pursued
and the request for an extension is submitted, in writing, prior to
the date of expiration of the approval. The Township Supervisors shall
give written notice to the applicant within 30 days of the date of
expiration of final approval. Any construction which occurs after
notice from the Township Supervisors shall constitute a violation
of this Chapter and shall be subject to the enforcement remedies of
§ 1105.
[Ord. 2001-3, 12/10/2001, § 616]
1. In the event that final approval of the land development plan has
expired for failure to execute the development agreement and/or post
the required amenities bond, as provided for in § 615 (1)
of this Chapter, 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 land development
plan previously granted final approval and all the requirements of
this Chapter regarding posting of a performance bond or amenities
bond and execution of a development agreement, if required, are subsequently
met and, further, provided the plan is submitted for reinstatement
of approval within 180 days following the date of the meeting at which
final approval was granted by Township Supervisors.
2. Any request for reinstatement of final approval which is submitted
after 180 days from the date of the meeting at which final approval
was granted by Township Supervisors shall be required to resubmit
an application for preliminary and final approval in conformance with
the requirements of §§ 603 through 614 of this Chapter.