Tentative subdivision and land development plans shall be reviewed
by the Township Planning Commission and the Centre County Planning
Commission and shall be approved or not approved by the Township Board
of Supervisors in accordance with the procedures specified in this
article. Unless specifically exempted, all plans shall be reviewed
in two stages, preliminary and final.
[Amended 10-9-1995 by Ord. No. 169]
Applicants for subdivision or land development are encouraged
to request a preapplication conference with the Harris Township Planning
Commission for the purpose of discussing or reviewing such proposed
subdivision or land development.
A.
The preapplication conference shall not be mandatory and shall not
be regarded as formal application for subdivision or land development.
The filing of any report, sketch plan, plat, or map prior to or at
such conference shall not constitute submission of a plan or application
for land development or subdivision.
B.
Any sketch plan presented as part of a preapplication conference
need not be drawn by a certified surveyor/engineer, but shall be drawn
to a scale of 100 feet to the inch or larger and contain the following
elements, where applicable.
(1)
Proposed road cartways, rights-of-way, curve radii, reverse curve
lengths, slopes of grade,
(2)
Existing utilities.
(3)
Existing topography (USGS) with steep slopes highlighted.
(4)
Soils information, based on Centre County SCS Soil Survey.
(5)
Mapped floodplain, alluvial soils and wetland areas, sinkholes and
watercourses.
(6)
Proposed lot lines.
(7)
Limits of existing wooded/forested areas, and existing fences and
fence row vegetation.
(8)
Perimeter boundary, total acreage, tax map numbers, existing roads.
(9)
A signed statement by the owner certifying ownership.
(10)
Names of adjacent property owners.
(11)
A written statement of a qualified professional addressing sanitary
sewage disposal, water supply, and stormwater management.
(12)
If the development is intended to be phased, a statement regarding
the phasing schedule should be provided.
(13)
Additional information as may be deemed appropriate by the Harris
Township Zoning Officer in accordance with the Township regulations.
C.
The potential applicant shall provide three copies of the sketch
plan and all related documents. The Harris Township Secretary shall
distribute a copy of the same to the Harris Township Planning Commission
and the Centre Regional Planning Commission.
D.
The Centre Regional Planning Commission and/or Harris Township Planning
Commission shall be under no obligation to make recommendations to
the potential applicant as the result of the preapplication conference.
Any recommendations made by the Planning Commission at or in response
to the preapplication conference shall not be binding upon the Planning
Commission in its review of the plan after formal application.
All applications for Harris Township approval of subdivision
and land development plans shall commence with the official submission
of a plan and all required supplementary data to the Township Secretary.
All applications for preliminary review of a plan shall be acted upon
by the Township within such time limits as established in this chapter,
provided that the Board of Supervisors shall render its decision and
communicate it to the applicant no later than 90 days after the date
of the next regular meeting of the Planning Commission following the
filing of the application, the said ninety-day period shall be measured
from the 30th day following the day the application was filed. At
any time during the review process, the applicant may substitute an
amended plan for that originally submitted solely for the purpose
of correcting the original plan to the extent necessary to meet the
requirements of this chapter.
A.
A plan shall be deemed to have been submitted for preliminary review
when the applicant has furnished to the Township Secretary the following
documents:
(1)
One copy of a completed application for subdivision or land development,
plus payment of all application fees.
(3)
A copy of the completed planning module for land development, as
required by the Pennsylvania Department of Environmental Protection;
if an on-site sewage facility is planned, soil log and percolation
test data shall be included for each lot.[1]
B.
Upon receipt of the above, the Harris Township Secretary shall forward
immediately one copy of the plan to the Township Board of Supervisors;
the Township, Centre Regional, and Centre County Planning Commissions;
the Township Engineer; and, if the proposed subdivision or land development
is to have direct access to a state or federal highway, the district
office of the Pennsylvania Department of Transportation in Clearfield,
Pennsylvania.
C.
Review by the Township Planning Commission.
(1)
At its next regular meeting, provided such application was made at
least 10 days prior to the meeting, or at a special meeting called
for that purpose after receipt of the plan, the Planning Commission
may review the plan to determine its conformance to the provisions
contained in this chapter.
(2)
The Planning Commission shall notify the Township Board of Supervisors
in writing of any recommended action, changes, or modifications to
the plan after such decision is made, provided that the Planning Commission
shall make such recommendations within 45 days after the beginning
of the ninety-day review period stipulated above. If review by the
Township Planning Commission results in an unfavorable recommendation
because the requirements of this chapter have not been met, notification
to the Township Board of Supervisors should specify the defects found
in the plan and describe the requirements which have not been met
and should cite the provisions of this chapter from which such defects
or requirements originate.
D.
Review by the County Planning Commission. A copy of the plan shall
be forwarded to the Centre County Planning Commission for review and
report, together with a fee (paid by the applicant) established by
the County Planning Commission to cover the costs of the review and
report. The County Planning Commission or its designated agent may
review the plan to determine its conformance to the provisions contained
in this chapter. The Township Board of Supervisors shall take no official
action on such application until the county report is received or
until expiration of 45 days from the date the plan was forwarded to
the county, whichever comes first.
E.
Review by the Township Board of Supervisors. Upon receipt of the
recommendations of the Planning Commission or upon expiration of 45
days from the beginning of the ninety-day review period stipulated
above, whichever comes first, the plan shall be placed upon the agenda
of the Board of Supervisors for review at its next regularly scheduled
public meeting or, at the Board of Supervisors discretion, at a special
meeting to be held for that purpose.
(1)
The Board of Supervisors shall review the plan and the written reports
thereon of the Township Planning Commission and the Centre County
Planning Commission to determine if the plan meets the provisions
contained in this chapter. Before acting on any plan, the Board of
Supervisors may hold a public hearing thereon after public notice.
Prior to final review of a plan for which off-site sewer or water
service is proposed, the Board of Supervisors may require, as a condition
of preliminary approval, that the applicant furnish written confirmation
from the appropriate bodies that such service is and will be made
available to the site under review.
(2)
The decision of the Township Board of Supervisors shall be in writing
and shall be communicated to the applicant personally or mailed to
him at his last known address not later than 15 days following the
decision.
(a)
If the plan receives preliminary approval by the Township Board
of Supervisors, the action of the Board shall be noted, together with
the date of action and signature of the Chairman and Secretary, on
two copies of the plan. One copy of the plan shall be given to the
applicant, while the other copy shall be retained in the Township
files. After the signatures are obtained, the applicant may immediately
begin to lay out all lots, parcels, blocks, easements, and rights-of-way,
and construct all streets, sanitary sewage disposal systems, water
supply systems, storm drainage facilities, and monuments in accordance
with the approved plan, but no parcel or lot may be conveyed or recorded
until after final approval of the plan.
(b)
If the plan is not approved, the decision shall specify the
defects found in the plan and describe the requirements which have
not been met and shall, in each case, cite the provisions of this
chapter from which such defects or requirements originate.
(c)
Within 45 days after the issuance of the decision, the applicant
may submit a corrected plan for review by the Township Board of Supervisors.
If submitted, the Board shall consider the plan at a regularly scheduled
meeting or at a special meeting held within 45 days after resubmission.
A plan resubmitted under this section need not be sent to any planning
commission prior to consideration by the Board.
[1]
If the plan as resubmitted corrects all the defects cited in
the denial, the Township Board shall approve the corrected plan.
[2]
If changes are made by the applicant which were not cited as
defects in the plan by the Township Board in its decision disapproving
the plan, such plan may be considered as a new plan and must be submitted
for approval in accordance with this section.
(3)
Failure of the Township Board of Supervisors to render a decision
and communicate it to the applicant within the time and in the manner
required herein shall be deemed an approval of the plan in 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.
[Amended 1-13-1983 by Ord. No. 97; 9-14-1987 by Ord. No. 111]
A plan shall be officially submitted to the Township Secretary
for final Township review after all improvements indicated on the
plan receiving preliminary approval have been installed or, in lieu
of the completion of the improvements, after deposit with the Township
of a corporate bond or other security acceptable to the Township Board
of Supervisors in accordance with Subsection C below. All plans which
have received preliminary approval shall be entitled to final approval
in accordance with the terms of the approved preliminary application
for a period of five years from the date of the preliminary approval.
A.
All applications for final approval of a plan shall be acted upon
by the Township within such time limits as established in this chapter,
provided that the Board of Supervisors shall render its decision and
communicate it to the applicant not later than 90 days after the date
of the next regular meeting, which, if it should occur more than 30
days following the filing of the application, the said ninety-day
period shall be measured from the 30th day following the day the application
was filed. The plan shall conform to that which received preliminary
approval by the Township Board of Supervisors, including all conditions
and modifications attached thereto.[1]
(1)
In the case where subdivision and land development is projected over
a period of years, the Board of Supervisors may authorize final review
of the plan by sections or stages of development, subject to such
requirements or guarantees as to improvements in future sections or
stages of development as it finds essential for the protection of
any finally approved section or stage of development. In each such
case, prior to preliminary approval of the plan, the Board of Supervisors
and the developer shall enter into a written agreement specifying
the sequence of development of sections or stages, the maximum time
permitted the developer for final submission of the plan for each
subsection, and any other such requirements or guarantees as are applicable
to that particular development. Where development is permitted in
stages, all improvements installed subsequent to the third anniversary
of preliminary approval of the plan shall conform to standards for
such improvements in effect at the time of installation of the same.
(2)
Final official submission of the plan to the Township Board of Supervisors shall consist of seven black- or blue-on-white prints of the plan, which shall fully comply with § 11-2.2 of this chapter and the conditions for which the plan received preliminary approval, plus financial security specified in Subsection C below, all offers of dedication and deeds of easements to the Township, and all other required documents.
B.
Review by the Township Board of Supervisors. Upon receipt of the materials listed in Subsection A(2) of this section, the Township Secretary shall forward one copy of the plan to the Township Board of Supervisors; the Centre Regional and Centre County Planning Commissions; the Township Engineer; and, if the proposed subdivision or land development is to have direct access to a state or federal highway, the district office of the Pennsylvania Department of Transportation in Clearfield, Pennsylvania.
(1)
The final review of the plan shall be conducted by the Township Board of Supervisors in the same manner as prescribed for preliminary review of the plan specified in § 11-2.3E, except that final review shall be limited to determining if:
(2)
As a condition of approval, the applicant shall permit the Township
Engineer to make periodic site inspections of such nature and extent
as is necessary to insure that the required improvements are being
installed and constructed in conformity with the design standards
contained herein or otherwise specified in the preliminary approval
of the plan.
(3)
If the applicant has completed all of the required improvements,
he shall notify the Township Board of Supervisors in writing, by certified
or registered mail, of the completion of the improvements and shall
send a copy thereof to the Township Engineer. The Board of Supervisors
hereby directs and authorizes the Township Engineer to make a final
inspection of all the aforesaid improvements after receipt of such
notice. The Township Engineer shall, thereupon, file a written report
with the Board of Supervisors and shall promptly mail a copy of the
same to the applicant by certified or registered mail. The report
shall be made and mailed within 30 days after receipt by the Township
Engineer of the aforesaid authorization from the Board of Supervisors.
The report shall be detailed and shall indicate approval or rejection
of said improvements, either in whole or in part, and if the improvements
or any portion thereof shall not be approved or shall be rejected
by the Township Engineer, the report shall contain a statement of
the reasons for such nonapproval or rejection. For subdivisions and
land developments served by off-site sewer and water service, the
Engineer shall coordinate his review with that of the appropriate
authorities and/or companies providing such service to insure that
the provisions of this chapter are met.
(a)
The Board of Supervisors shall notify the applicant in writing,
by certified or registered mail, of action taken with relation to
the improvements.
(b)
If the Board of Supervisors or the Township Engineer fail to
comply with the time limitation provisions contained herein, all improvements
will be deemed to have been approved, and the applicant shall be released
from all liability, pursuant to its performance guaranty, bond or
other security agreement.
(c)
If any portion of the said improvements shall not be approved
or shall be rejected by the Board of Supervisors, the applicant shall
proceed to complete the same, and, upon completion, the same procedure
of notification, as outlined herein, shall be followed.
C.
Completion of improvements or guarantee thereof prerequisite to final
plat approval.[2]
(1)
No plat shall be finally approved unless the streets shown on such
plat have been improved to a mud-free or otherwise permanently passable
condition, or improved as may be otherwise required by this chapter,
and any walkways, curbs, gutters, streetlights, fire hydrants, shade
trees, water mains, sanitary sewers, storm sewers and other improvements
as may be required by this chapter have been installed in accordance
with this chapter. In lieu of the completion of any improvements required
as a condition for the final approval of a plat, including improvements
or fees otherwise required by this chapter, the developer may deposit
with the Township financial security in an amount sufficient to cover
the costs of such improvements or common amenities, including basins
and other related drainage facilities, recreational facilities, open
space improvements, or buffer or screen plantings which may be required.
(2)
When requested by the developer, in order to facilitate financing,
the Township Board of Supervisors shall furnish the developer with
a letter indicating approval of the final plat contingent upon the
developer 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 a written
extension is granted by the Township Board of Supervisors; such extension
shall not be unreasonably withheld and shall be placed in writing
at the request of the developer.
(3)
Without limitation as to other types of financial security which
the Township may approve, which approval shall not be unreasonably
withheld, federal- or commonwealth-chartered lending institution irrevocable
letters of credit and restrictive or escrow accounts in such lending
institutions shall be deemed acceptable financial security for the
purposes of this section.
(4)
Such financial security shall be posted with a bonding company or
federal- or commonwealth-chartered lending institution chosen by the
party posting the financial security, provided said bonding company
or lending institution is authorized to conduct such business within
the commonwealth.
(5)
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.
(6)
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 90th day after either the original date scheduled for completion
or 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 financial security equals said 110%. Any
additional security shall be posted by the developer in accordance
with this subsection.
(7)
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements, submitted
by the applicant or developer 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 or developer
and the Township are unable to agree upon an estimate, then the estimate
shall be recalculated and recertified by another professional engineer
licensed as such in this commonwealth and 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.
(8)
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 from posting of financial security or to an
amount not exceeding 110% of the cost of completing the required improvements
as reestablished on or about the expiration of the preceding one-year
period by using the above bidding procedure.
(9)
In the case where development is projected over a period of years,
the Township Board of Supervisors may authorize submission of final
plats by sections or stages of development, subject to such requirements
or guarantees as to improvements in future sections or stages of development
as it finds essential for the protection of any finally approved section
of the development.
(10)
As the work of installing the required improvements proceeds,
the party posting the financial security may request the Township
Board of Supervisors to release or authorize the release, from time
to time, of such portions of the financial security necessary for
payment to the contractor or contractors performing the work. Any
such requests shall be in writing addressed to the Township Board
of Supervisors, and the Township Board of Supervisors shall have 45
days from receipt of such request within which to allow the Municipal
Engineer to certify, in writing, to the Township Board of Supervisors
that such portion of the work upon the improvements has been completed
in accordance with the approved plat. Upon such certification, the
Township Board of Supervisors shall authorize release by the bonding
company or lending institution of an amount as estimated by the Municipal
Engineer fairly representing the value of the improvements completed,
or, if the Township Board of Supervisors fails to act within said
forty-five-day period, the Township Board of Supervisors shall be
deemed to have approved the release of funds as requested. The Township
Board of Supervisors may, prior to final release at the time of completion
and certification by its Engineer, require retention of 10% of the
estimated cost of the aforesaid improvements.
(11)
Where the Township Board of Supervisors accepts dedication of
all or some of the required improvements following completion, the
Township Board of Supervisors may require the posting of financial
security to secure 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 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
installation of said improvements.
(12)
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 Township,
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 within
the financial security as otherwise required by this section.
(13)
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 actual completion
of the improvements 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 the streets providing 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.
After completion of the procedures required by this chapter,
and after final approval by the Board of Supervisors, all endorsements
shall be so indicated on the approved plan and on as many other copies
of the plan as may be desired by the Board of Supervisors. Upon approval
and signing of the plan by the Board of Supervisors, a record plan
shall be recorded in the office of the Recorder of Deeds of Centre
County by the applicant within 90 days of such approval and signing.
Such recording shall be otherwise in conformity with Section 513 of
the Municipalities Planning Code, 53 P.S. § 10513. Within
10 days after the Recorder of Deeds has properly recorded the subdivision
or land development plan, a copy of such shall be forwarded to the
Township Secretary by the applicant, including the endorsement of
the Recorder of Deeds.
[Amended 9-14-1987 by Ord. No. 111]
All subdivisions or land developments which do not require the installation of streets, off-site water and sewage facilities, storm drainage facilities, curbs, or sidewalks as stipulated in Article IV of this chapter are exempt from the requirement to have a preliminary review and may commence final approval procedures with submission of a plan as stipulated in § 11-2.4 of this article, provided that the additional information required in § 11-2.3A(1), (3) and (5) is submitted with the plan. No construction may commence until the plan has received final approval by the Harris Township Board of Supervisors.
