Township of Upper Providence, PA
Delaware County
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Table of Contents
Table of Contents
[Ord. No. 198, passed 12-14-1989; Ord. No. 205, passed 5-10-1990; Ord. No. 240, passed 8-13-1992]
Hereafter, all preliminary and final subdivision or land development plans shall be reviewed by the Township Planning Commission and the County Planning Commission, and shall be approved or disapproved by the Township Council in accordance with the procedure specified in these Regulations. Any application not processed as required hereafter shall be null and void unless it was made prior to the adoption of these regulations.
(a) 
All subdivision applications shall be, for the purposes of procedure, classified as either minor or major. Reference should be made to Section 1220.08(b) for their meaning.
(b) 
Landowners submitting an application for subdivision or land development shall apply for and secure approval in accordance with the following procedures:
(1) 
Minor subdivision or land development proposal.
A. 
Sketch plan (optional).
B. 
Final plan.
(2) 
Major subdivision or land development proposal.
A. 
Sketch plan (optional).
B. 
Preliminary plan.
C. 
Final plan.
(c) 
All sketch, preliminary and final plans shall be submitted to the Township not less than 22 days prior to the next scheduled Planning Commission meeting in order for the Planning Commission to consider the plans at the said meeting. Plans submitted less than 22 days prior to the next scheduled meeting shall be reviewed at the scheduled meeting following the next scheduled meeting.
(d) 
Upon the filing of a subdivision or land development application with the Township, the Township shall provide notice of the filing of the application and the date of the meeting of the Planning Commission when the application will be first considered on a preliminary or final basis (referred to herein as the "first meeting") as follows:
(1) 
By mailing the notice at least one week prior to the first meeting to all owners of adjoining property (i.e. property with a common border with the property which is the subject of the application, including property across a public road from the subject property) as indicated on the tax assessment records of the Township; and
(2) 
By posting the notice on the subject property with a sign conspicuously located in a place visible and legible from adjacent streets or roads at least one week prior to the first meeting.
There shall be no requirement to post or mail notices for any meeting of the Planning Commission or Council at which the application is considered subsequent to the first meeting. If notice was given at the preliminary application, no further notice has to be given at the final application. If notice was not given prior to the first meeting, notice shall be given prior to the next meeting of the Planning Commission or Council at which the application is considered. Failure to give notice shall not invalidate an application or the action of the Planning Commission and Council upon an application.
[Ord. No. 198, passed 12-14-1989]
Plans shall be submitted by the Township Secretary to the following agencies for review:
(a) 
Delaware county planning department. The required number of prints of all plans and referral letters, with a sufficient fee to cover any cost of review shall be submitted to the Delaware County Planning Department for its review and comment.
(b) 
Delaware county conservation district. The required number of prints of preliminary plans shall be submitted to the Delaware County Soil and Water Conservation District for review of matters relating to drainage and abatement of soil erosion.
(c) 
Additional prints. The applicant shall submit such additional prints of all plans as may be necessary for forwarding by the Township to the said County agencies for their review.
(d) 
Waiver of submission. Where, by law, submission to a Delaware County agency is not mandatory, the Township, at its sole discretion, may elect to waive submission to any one or more of the County agencies.
[Ord. No. 198, passed 12-14-1989]
A sketch plan for all proposed subdivisions or development of land located within the Township, at the developer's option, may be submitted to the Township Planning Commission for review.
(a) 
Such sketch plans will be considered as submitted for informal discussion between the developer and the Planning Commission. Submission of a sketch plan does not constitute submission of an application for approval of a subdivision or land development plan as defined under the Act.
(b) 
If an applicant submits a sketch plan for review, 16 copies of the sketch plan shall be submitted to the Secretary of the Township for distribution to the Planning Commission and the Township Council.
(c) 
In the event that any developer shall intend to make changes in the contour of any land proposed to be subdivided, developed or changed in use by grading, excavating or the removal or destruction of the natural topsoil, trees or other vegetative covering thereon, the developer is strongly urged to consult with the Delaware County Soil and Water Conservation District, prior to or concurrently with submission of the sketch plan, in order to insure that the proposed subdivision or land development will be compatible with the conservation plan to be submitted.
(d) 
Fees for a sketch plan shall be set by resolution of the Council, as pursuant to on Section 1222.03.
[Ord. No. 198, passed 12-14-1989]
(a) 
The Planning Commission shall consider the suitability of the sketch plan for the development of the land and its relationship to the harmonious extension of streets and utilities, arrangement and density of housing, and the compatibility of the plan with the Comprehensive Plan and Zoning Code for the Township.
(b) 
The applicant may, but need not, request further review of the sketch plan by the Council.
(c) 
Any action taken by the Planning Commission or the Council is not an approval or denial of an application for subdivision or land development as defined in the Act.
[Ord. No. 198, passed 12-14-1989]
The preliminary plan shall conform to the most recent administrative regulations adopted by the Township Council for such purposes.
(a) 
Prints of the preliminary plan and all required supplementary data shall be initially and officially submitted to the Township Secretary, together with the required fees as prescribed by resolution of the Council. The Township Secretary shall note the date of receipt and shall transmit such plans to:
(1) 
The Township Council;
(2) 
The Township Planning Commission;
(3) 
The County agencies;
(4) 
The Township Planner;
(5) 
The Township Engineer;
(6) 
The Township Solicitor; and
(7) 
Such other persons or agencies as the Council shall direct.
In all, the applicant shall submit 26 copies of the plan, as specified in subsection (d) hereof.
(b) 
Official submission of a preliminary plan to the Township Secretary shall consist of:
(1) 
Three copies of the Application for Review of Preliminary Subdivision or Land Development Plan;
(2) 
A sufficient number of prints of the preliminary plan and all supporting plans and information to enable proper distribution and review of the plans, as required by the Council; and
(3) 
Payment of subdivision application fees and a deposit of escrow for plan review cost.
(c) 
A review of the plan will not commence, nor shall the statutory review period begin, until the completion of the above items is acknowledged.
(d) 
Upon receipt of the above, the Township Secretary shall forward:
(1) 
One copy of the Application for Review, eight prints of the preliminary plan, and eight prints of all other required plans, to the Township Planning Commission;
(2) 
Four prints to the County Planning Commission;
(3) 
Three prints to the County Soil Conservation District;
(4) 
Five prints of the preliminary plan and five prints each of all other required plans to the Township Council;
(5) 
One print of the preliminary plan and one print each of all other required plans to the Township Planner, Engineer, Solicitor, and Sewer Authority; and
(6) 
One print of the preliminary plan and the storm water management and water supply plans to the Fire Marshal of the jurisdiction.
The Township Secretary shall retain all other data in the Township files. One copy of the preliminary plan and one print each of all other required plans and applications shall be retained in the Township files.
[Ord. No. 198, passed 12-14-1989]
(a) 
Township planning commission.
(1) 
The Township Planning Commission shall review the plan and the recommendations of the County agencies and the Township Planner and Engineer, should any such recommendation be made.
(2) 
After such review, the Township Secretary shall send written notice of the action of the Planning Commission and the reasons therefor, citing specific sections of the statutes or ordinances relied upon, to the Township Council and the Applicant.
(b) 
Township council.
(1) 
When a preliminary plan has been officially submitted to the Township Council by the Planning Commission, such plan shall be placed on its agenda for review and action.
(2) 
In acting on the preliminary subdivision or land development plan, the Council shall review the plan and the written comments to the Township Planner and Engineer, the Planning Commission, the Delaware County Planning Department, and all other reviewing agencies, as well as comments from public hearings, if any, to determine its conformance to existing ordinances. The Council may alter any subdivision or land development plan and specify conditions, changes, modifications, or additions thereto which it deems necessary, and may make its decision to grant preliminary approval subject to such conditions, changes, modifications or additions. Notwithstanding the foregoing procedure, the Council shall render a decision of all preliminary plans and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission next following the date upon which the application is filed, provided that should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period day period shall be measured from the thirtieth day following the date upon which the application has been filled.
The decision of the Council shall be in writing and shall be communicated to the applicant personally, or mailed to him or her at his or her last known address, not later than 15 days following the decision, or the end of the said ninety-day period, whichever shall first occur. The form and content of the decision shall comply with applicable requirements of the Act.
(3) 
The Township shall withhold action on said plans until the comments of the Delaware County Planning Commission shall have been received, or until the expiration of 30 days from the date when said plans were forwarded to the County Planning Commission.
[Ord. No. 198, passed 12-14-1989]
(a) 
Within five years after approval of the preliminary plan, a final plan and all necessary supplementary data shall be officially submitted to the Township Secretary. The applicant shall submit at least 27 prints of the final plan and related materials to the Township, as required in subsection (f) hereof.
(b) 
The final plan shall conform to the most recent administrative regulations adopted by the Township Council for such purposes.
(c) 
The Council may permit submission of the final plan in sections, each covering a reasonable portion of the entire proposed development as shown on the approved preliminary plan, provided that the last final plan section shall be submitted within five years of preliminary plan approval.
(d) 
Failure to make timely submission of final plans renders void preliminary plan approval, and the applicant shall be required to file a new application and fee for preliminary plan approval.
(e) 
Official submission of the final plan to the Township Secretary shall consist of:
(1) 
Three copies of the Application for Review of Final Subdivision or Land Development Plan; and
(2) 
A sufficient number of supporting plans and information to enable proper distribution and review of the plans.
(f) 
Prints of the final plan and all required supplementary data shall be initially and officially submitted to the Township Secretary. After the required fees and escrow deposits have been paid, the Township Secretary shall note the date of receipt, and shall then forward to the following:
(1) 
Eight prints of the final plan to the Township Planning Commission;
(2) 
Four prints of the final plan to each of the Delaware County Agendas;
(3) 
Five prints of the final plan and five copies of the Application for Final Review to the Township Council;
(4) 
One print each of the final plan to the Township Planner, the Township Engineer, and the Township Solicitor;
(5) 
One print of the final plan to the Township Sewer Authority; and
(6) 
One print to the local Fire Marshal.
One print of the final plan and one copy of the Application for Final Review shall be kept for the Township files.
[Ord. No. 198, passed 12-14-1989]
(a) 
Township planning commission.
(1) 
The Planning Commission shall review the plan and the recommendations of the County agencies, the Township Planner and Engineer and any other reviewing agencies.
(2) 
After such review, the Township Secretary shall send written notice of the action of the Planning Commission and the reasons therefor, citing specific sections of statutes or ordinances, to the Township Council and the applicant.
(b) 
Township council.
(1) 
The Township shall withhold action on said plans until the comments of the Delaware County Planning Commission shall have been received, or until the expiration of 30 days from the date when the plans were forwarded to the County Planning Commission.
(2) 
Upon receipt of the Planning Commission's recommendation and other supporting information, the Council may, at one or more regular or special public meetings, review the final plan, and shall, within the time limitations set forth hereinbelow, either approve or disapprove the plan. Notwithstanding the foregoing procedure, the Council shall render a decision on all final plans and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed, provided that should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the thirtieth day following the day the application has been filed.
The decision of the Council shall be in writing and shall be communicated to the applicant personally or mailed to him or her at his or her last known address, not later than 15 days following the decision, or the end of the said ninety-day period, whichever shall first occur. The form and content of the decision shall comply with the applicable requirements of the Act.
(3) 
Seven sets of prints of the final plan as finally approved, with the appropriate endorsement of the Township Council and the Township Planner and Engineer, shall be distributed as follows:
A. 
At least three sets of plans, two of which shall be recorded in accordance with Section 1226.11, to the applicant.
B. 
One set of plans to the Township Planning Commission.
C. 
One set of plans to the County Planning Department.
D. 
One set of plans to the Township Sewer Authority.
E. 
One set of plans to be retained in the Township files.
(c) 
Conditions for approval. Every final plan approval shall be subject to the following conditions:
(1) 
The landowner and developer shall execute a Subdivision and Land Development Agreement in accordance with Section 1226.09.
(2) 
The landowner and developer shall execute a performance guarantee or escrow agreement in accordance with Section 1226.10 where applicable.
(3) 
The landowner agrees, if requested, to tender a deed of dedication to the Township for streets, any and all easements for sanitary sewers, water lines or storm sewers and improvements thereto, including street paving, sidewalks, shade trees, water mains, fire hydrants, sanitary and storm sewers, manholes, inlets, pumping stations and other appurtenances as shall be constructed as public improvements and as are required for the promotion of public health, safety and welfare, after all streets, sidewalks, sewers and the like are completed and such completion is certified as satisfactory by the Township Engineer. The Council may require that the applicant supply a Title Insurance Certificate from a reputable company before any property is accepted for the Township.
(4) 
Whenever the landowner is required to provide open space as part of the development, an easement in perpetuity restricting such open space against further subdivision or development shall be executed between the landowner and the Township, and shall run to the benefit of the Township and lot purchasers in the subdivision or land development. Ownership and maintenance of such open space shall comply with the Township Zoning Code.
(5) 
The applicant shall submit to the Township all required permits from agencies having jurisdiction over ancillary matters necessary to effect the subdivision of land development, such as the Pennsylvania Departments of Transportation and Environmental Resources and the Public Utility Commission.
[Ord. No. 198, passed 12-14-1989]
(a) 
Every applicant for final plan approval where public improvements are required to be constructed by the Township shall execute a form of agreement to be approved by the Township before the final plan is released by the Township Council and filed of record. If the landowner and/or developer of the subject property is different than the applicant, the landowner and/or developer shall also sign the agreement. If there is a successor in interest to the applicant, landowner and/or developer, prior to the execution of all dues and obligations in the agreement, the successor shall execute counterparts of the agreement. The agreement shall specify the following, where applicable:
(1) 
That the applicant agrees that he or she will lay out and construct, at the applicant's expense, all roads, streets, lanes or alleys, together with all other improvements, including grading, paving, curbs, gutters, sidewalks, street lights, fire hydrants, water mains, street signs, shade trees, storm and sanitary sewers, landscaping, traffic control devices, open space and restricted areas and erosion and sediment control measures, in accordance with the final plan as approved, where any or all of these improvements are required as conditions of approval, and that he or she shall complete these improvements within the time or times specified by the Township Council.
(2) 
That the applicant guarantees completion and maintenance of all improvements in accordance with Section 1226.10 and 1234.06.
(3) 
That the applicant agrees to tender a deed or deeds of dedication to the Township for such streets and for such easements for sanitary and storm sewers, sidewalks, manholes, inlets, pumping stations and other appurtenances as shall be constructed as public improvements provided that the Township shall not accept dedication of such improvements until their completion is certified as satisfactory by the Township Engineer.
(b) 
Whenever an applicant proposes to establish or continue a street which is not offered for dedication for public use, the Township Council shall require the developer to submit and also to record with the plan, a copy of an agreement made with the Township Council on behalf of himself or herself and his or her heirs, successors and assignees, and signed by him or her, and which shall establish any conditions under which the street may later be offered for dedication, and which shall stipulate, among other things:
(1) 
That an offer to dedicate the street shall be made only for the street, as a whole.
(2) 
That the Township shall not be responsible for repairing or maintaining any undedicated streets.
(3) 
That the method of assessing repair and maintenance costs of undedicated streets be stipulated and be set forth in recorded deed restrictions so as to be binding on all successors or assignees.
(4) 
That, if dedication be sought, the street shall conform to the Township specifications or that the owners of the abutting lots shall, at their own expense, restore the street to conformance with the Township specifications.
(c) 
The Township has the authority to impose whatever other conditions of subdivision and land development approval may be permitted under the Act as presently existing and as may be, hereafter, amended.
[Ord. No. 198, passed 12-14-1989]
(a) 
No plat shall be finally approved unless:
(1) 
The streets shown on such plat have been improved to a mud-free or otherwise permanently passable condition, or improved as may be required by these Regulations; and
(2) 
Any walkways, curbs, gutters, sewers, storm sewers, and other improvements, as may be required by these Regulations, have been installed in accordance with such Regulations.
In lieu of the completion of any improvements required as a condition for the required approval, pursuant to subsection (i) hereof, these Regulations shall provide for deposit with the Township of financial security in an amount sufficient to cover the costs of such improvements or common amenities, including, but not limited to, roads, storm water detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings which may be required.
(b) 
When requested by the applicant in order to facilitate financing, the Council shall furnish the applicant with a signed copy of a resolution indicating approval of the final plat, contingent upon the applicant obtaining a satisfactory financial security. The final plat or record plan shall not be signed nor recorded until the financial improvements agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days, unless written extension is granted by the Council. Such extensions shall not be unreasonably withheld and shall be placed in writing at the request of the applicant.
(c) 
Without limitation as to other types of financial security which the Municipality may approve, and for which approval shall not be unreasonably withheld, a Federal or Commonwealth chartered lending institution and the irrevocable letter of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this section.
(d) 
Such financial security shall be posted with a bonding company or Federal or Commonwealth chartered lending institution as chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the Commonwealth.
(e) 
Such bond or other security shall provide for, and secure to the public, the completion of any improvements which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements.
(f) 
The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Township may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the ninetieth day after either the original date scheduled for completion or the rescheduled date of completion. Subsequent to said adjustment, the Township may require the applicant to post additional security in order to assure that the financial security equals the said 110%. Any additional security shall be posted by the applicant in accordance with this subsection.
(g) 
The amount of financial security required shall be based on an estimate of the cost of completion of the required improvements, submitted by an applicant and prepared by a professional engineer, licensed as such in this Commonwealth, 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 and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and re-certified by another professional engineer, licensed as such in this Commonwealth, and chosen mutually by the Township and the applicant. In the event that a third estimate is necessary, such an estimate certified by a third engineer, licensed as such in this Commonwealth, 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.
(h) 
If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date of posting of the original financial security, or to an amount not exceeding 110% 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 bidding procedure.
(i) 
In the case where development is projected over a period of years, Council may authorize submission of the final plat by sections or stages of development, subject to such requirements or guarantees of improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
(j) 
As the work of installing the required improvements proceeds, the party posting the financial security may request the Council to release, or authorize the release of, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such request shall be in writing and shall be addressed to the Council. The Council shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, to the Council that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification, the Council shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer to fairly represent the value of the improvements completed, or, if the Council fails to act within the said forty-five day period, the Council shall be deemed to have approved the release of funds as requested. The Council may, prior to final release at the time of completion and certification by the Township Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.
(k) 
Where the Council accepts dedication of all or some of the required improvements following completion, the Council may require the posting of financial security to secure the structural integrity of said improvements, as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plat, for a term not to exceed 18 months from the date of acceptance of the dedication. Said financial security shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of the installation of said improvements.
(l) 
If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority, separate and distinct from the Municipality, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority, and shall not be included with the financial security as otherwise required by this section.
(m) 
If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this section, the Township shall not condition the issuance of building, grading, or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plat upon the actual completion of the improvements as depicted upon the approved final plat. Moreover, if said financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following the improvement of streets which provide access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plat, either upon the lot or lots or beyond the lot or lots in question, if such improvements are necessary for the reasonable use of or occupancy of the building or buildings.
[Ord. No. 198, passed 12-14-1989]
(a) 
Within 90 days of final plan approval, the final plan shall be recorded by the applicant in the office of the Recorder of Deeds of Delaware County. The execution of the Subdivision and Land Development Agreement and the Performance Guarantee shall be on or before the recording of the final plan.
(b) 
The Recorder of Deeds requires the following information for the recording of final plans:
(1) 
The final plan must note the approval of the Township Council; and
(2) 
The final plans shall have been certified by the Delaware Planning Commission and shall indicate that said plans have been reviewed by them.