[Ord. 2-2000, 4/5/2000, § 41]
1.
Every preliminary and final subdivision or land development plan
submitted after this chapter is adopted is to be reviewed by the Township
and County Planning Commissions and approved or disapproved by the
Supervisors according to law.
2.
For procedural purposes, every subdivision application will be classified
as major or minor.
3.
An applicant for a major or minor subdivision may first submit a
pre-application plan, which will enable him to consult informally
with the Township and/or County Planning Commission before the applicant
prepares and submits a preliminary or final plan.
4.
If the applicant chooses not to submit a pre-application plan:
[Ord. 2-2000, 4/5/2000, § 42]
An applicant who elects to submit a pre-application plan submits
it, in the required number of copies, to the Subdivision Coordinator,
together with a letter saying that he recognizes that the pre-application
plan procedure is strictly informal and the submission does not constitute
an application for approval under any state, county or Township ordinance.
The Subdivision Coordinator forwards the submittal to the Township
Planning Commission.
[Ord. 2-2000, 4/5/2000, § 43]
1.
The Planning Commission reviews the pre-application plan and recommends
changes it considers necessary or in the public interest. Within 10
days of that review, the Planning Commission secretary sends written
notification of the Commission's action to the following:
[Ord. 2-2000, 4/5/2000, § 44; as amended by Ord.
2-2001, 3/21/2001, § 2; and by Ord. 2-2003, 12/17/2003,
§ I]
1.
Every preliminary plan must conform to the most recent relevant regulations
of the Township.
2.
The applicant submits the preliminary plan and all required supplementary
data, in the required form and number of copies, to the Subdivision
Coordinator, together with the required fees. The applicant is responsible
also for submitting to the Township, all documents and fees required
by the Delaware County Planning Department. The applicant shall also
be responsible for providing notice, via certified mail, to the governing
body of all abutting contiguous municipalities notifying said governing
body of the filing of the applicant's subdivision and land development
application, and indicating the date and times at which the said governing
body may appear and comment on the applicant's plan.
3.
The Subdivision Coordinator retains one set of information and transmits
copies of the preliminary plan, application and all pertinent information
in the number required to the following:
A.
Township Engineer.
B.
Thornbury Township Planning Commission.
C.
Delaware County Planning Department (with application and fee).
D.
Delaware County Conservation District (with application and fee).
E.
Sewage Enforcement Officer (with DEP copy of DCPD application, and
two planning modules).
F.
Environmental Advisory Commission.
G.
Board of Supervisors.
4.
The Subdivision Coordinator will monitor the progress of the review
process so that the Board of Supervisors can take the necessary action
within the time limit required by Act 247, as amended, 53 P.S. § 10101
et seq.
5.
During the period of the review of the preliminary plan, the applicant
may respond to comments and suggestions by submitting revised preliminary
plans, subject to the following procedural regulations:
A.
The applicant will submit all revisions to the Subdivision Coordinator
for proper handling and distribution; no revisions shall be considered
unless submitted to the Subdivision Coordinator.
B.
No revisions will be considered if submitted subsequent to the thirtieth
day before the regular meeting of the Board of Supervisors within
the period for review, unless the applicant shall, concurrently with
the submission of such revision, submit a written grant for extension
of the period for plan review by an additional period of 60 days.
(1)
A developer, landowner, contractor or subcontractor of an uncompleted
subdivision may place a chain attached to iron or steel posts across
a roadway but, in the event of fire or other calamity, if such chain
is cut by a fire company, police, rescue squad or other emergency
staff, there shall be no liability on account of the cutting of the
chain.
(2)
Any person, partnership, or corporation who or which has violated
the provisions of this chapter, upon being found liable therefore
in a civil enforcement proceeding commenced by the Township of Thornbury
shall pay a judgment of not more than $500 plus all court costs, including
reasonable attorney's fees incurred by the Township as a result
thereof. No judgment shall commence or be imposed, levied, or payable
until the date of the determination of a violation by the District
Justice. If the defendant fails to pay the fine or timely appeals
from the judgment, the Township may enforce the judgment pursuant
to the applicable Rules of Civil Procedure. Each day that violation
continues shall constitute a separate violation, unless the District
Justice in determining that there was a good faith basis for the person,
partnership, or corporation violating this chapter to have believed
that there was no such violation, in which event there shall be deemed
to have been only one such violation until the fifth day following
the date of the determination of a violation by the said District
Justice and thereafter each day that a violation continues shall constitute
a separate violation.
[Ord. 2-2000, 4/5/2000, § 45; as amended by Ord.
2-2003, 12/17/2003, § I]
1.
Township Engineer. The Township Engineer will review the submitted
material and within 30 days of the date of the acceptance of a completed
submission, detail all items where the submitted material does not
comply with the requirements of this chapter. A report containing
this detail as well as all other comments, recommendations, and suggestions
shall be prepared and sent to the Planning Commission.
2.
Township Planning Commission.
A.
At least 10 days before the last scheduled Supervisors meeting prior
to the deadline of 90 days following the date of the regular public
meeting of the Planning Commission next following the date the application
is filed, or prior to the deadline of 120 days following the date
the application is filed, should the date of the next regular public
meeting occur more than 30 days after the date the application is
filed, the Planning Commission will review the plan, submit data and
all recommendations received from the Township Engineer as well as
the other reviewing agencies and recommend rejection, conditional
acceptance or non-conditional acceptance.
B.
Within five days of the review, the Planning Commission Secretary
notifies the Supervisors, in writing, of the Commission's decision
and the reasons for it with copies to:
C.
Board of Supervisors.
(1)
When recommendations of the Planning Commission are received
in accordance with the provisions of this chapter, the Supervisors
will put the plan on their agenda for review.
(2)
The Supervisors review the preliminary plan and reports of the
Township and County Planning Commissions, and require any changes
they consider necessary or in the public interest. They may also recommend
any other changes they consider desirable.
(3)
They notify the applicant of their decision, in writing, no
more than 15 days after reaching their decision which shall be not
more than 90 days following the date of the regular public meeting
of the Planning Commission next following the date the application
is filed, or prior to the deadline of 120 days following the date
the application is filed should the date of the next regular public
meeting occur more than 30 days after the date the application is
filed.
(4)
They designate a reproducible of the preliminary plan, which
includes all required changes and conditions, as the official copy
which will be retained in the Township file. A print will be sent
to the Township Engineer, the Sewage Enforcement Officer and to others
as required.
[Ord. 2-2000, 4/5/2000, § 46]
1.
Unless the applicant shall complete the installation of all subdivision improvements (including both public and private improvements) prior to final subdivision approval, the applicant shall deposit with the Township financial security in an amount sufficient to cover the cost of all subdivision improvements (including both public and private improvements) and common amenities including, but not limited to, streets and roads, walkways, curbs, gutters, street lights, shade trees, stormwater detention and/or retention facilities, pipes and other related drainage facilities, recreational facilities, open space improvements, buffer or screen plantings and, except as provided for in Subsection 6 hereof, water mains and other water supply facilities, fire hydrants and sanitary sewage disposal mains and other sewage disposal facilities.
2.
Financial security required herein shall be in the form of a federal
or commonwealth chartered lending institution irrevocable letter of
credit, a restrictive or escrow account in such institution or with
a financially responsible bonding company or such other type of financial
security which the Township may, in its reasonable discretion, approve.
The bonding company may be chosen by the party posting the financial
security; provided, that the said bonding company or lending institution
is authorized to conduct business within the Commonwealth, and shall
stipulate that it submits to Pennsylvania jurisdiction and Delaware
County venue in the event of legal action.
3.
The said financial security shall provide for, and secure to the
public, the completion of all subdivision improvements for which such
security is being posted within one year of the date fixed in the
subdivision agreement for completion of such improvements.
4.
The amount of financial security shall be established in accordance
with the guidelines established pursuant to the Pennsylvania Municipalities
Planning Code.
5.
Where the final plan is submitted in sections as set forth in § 22-407, Subsection 3, the performance guarantee may be posted in accordance with each section, subject to such requirements or guarantees as to requirements in future sections or stages of development as the Board of Supervisors finds essential for the protection of any finally approved section of the development.
6.
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 facility 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 within financial
security as otherwise required by this article.
7.
As the work of installing the required improvements proceeds, the
party posting the financial security may request the Board of Supervisors
to release or authorize the release, from time to time, 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 Board of Supervisors, and the Board of Supervisors
shall have 45 days from receipt of such request within which to allow
the Township Engineer to certify, in writing, that such portion of
the work upon the improvements has been completed in accordance with
the approved plans. Upon such certification, the Board of Supervisors
shall authorize release by the bonding company or lending institution
of an amount as estimated by the Township Engineer fairly representing
the value of improvements completed. The Board of Supervisors 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. The Township Engineer, in certifying
the completion of work for a partial release, shall not be bound to
the amount requested by the applicant, but shall certify to the Board
of Supervisors his independent evaluation of the proper amount of
partial releases.
8.
Where the Board of Supervisors accepts dedication of all or some of required improvements following completion (whether such dedication is of the fee or of an easement), the Board shall require the posting of financial security to secure the structural integrity of the improvements and the functioning of the improvements in accordance with the design and specifications as depicted on the final plan. The security shall be in the form as is authorized for the deposit of the performance guarantee, as described in Subsection 2 hereof, shall be for a term of 18 months from the date of the acceptance of dedication and shall be in the amount equal to 15% of the actual cost of installation of the improvements so dedicated.
9.
Where the maintenance of stormwater retention facilities or streets
is to be the responsibility of individual lot owners, a homeowners
association or similar entity, or an organization capable of carrying
out maintenance responsibilities, the Board of Supervisors shall require
that such responsibilities be provided for in a note on the final
record plan, a recorded declaration and in any public offering statement
substantially similar in form to the following: In the event that
the party or parties responsible for the maintenance of the stormwater
retention facilities or private streets in the development fail to
properly maintain said facilities, the Township may, but shall not
be obligated to, provide said parties with 30 days notice of the Township's
intention to perform said maintenance or repair. In the event that
said parties do not perform or commence to perform said maintenance
or repair within the thirty-day notice period, the Township may, but
shall not be obligated to, perform said maintenance or repair and
charge the cost thereof, including any fees of the Township professionals,
proportionately to each of the homeowners in the development and may
file a lien against the property of the homeowners until such amounts
are fully reimbursed to the Township.
10.
In the event any improvements which may be required have not been
installed as provided in this chapter or in accordance with the approved
final plan, the Supervisors of Thornbury Township may use the proceeds
of the bond or other security posted. If such bond or security is
insufficient to nay the cost of installing or making repairs or corrections
to all of the improvements covered by the security, the Board of Supervisors
may, at its option, install part of such improvement and may institute
appropriate legal or equitable action to recover the money necessary
to complete the remainder of the improvements.
[Ord. 2-2000, 4/5/2000, § 47; as amended by Ord.
2-2003, 12/17/2003, § I]
1.
Within three years after the preliminary plan has been approved,
the applicant must submit a final plan, together with the required
fees and all necessary supplementary data, to the Subdivision Coordinator.
The applicant is responsible also for submitting to the Township all
documents and fees required by the Delaware County Planning Department
and the Delaware County Conservation District.
2.
The final plan must conform to the most recent relevant regulations
of the Township.
3.
The Supervisors may allow the final plan to be submitted in sections,
each covering a reasonable portion of the entire proposed development
as shown on the approved preliminary plan, provided that each section
is submitted within the three-year period.
4.
After the Subdivision Coordinator has determined that the required
performance guarantees have been posted, the Coordinator checks the
final plan to ensure that all required changes have been made, retains
one copy of the application and one print of the final plan, and transmits
one set of all final plan documentation to the Township Engineer,
the Planning Commission and the Sewage Enforcement Officer.
5.
The Subdivision Coordinator will monitor the progress of the review
process so that the Board of Supervisors can take the necessary action
within the time limit required by Act 247, as amended, 53 P.S. § 10101
et seq.
6.
During the period of the review of the final plan, the applicant
may respond to comments and suggestions by submitting revised final
plans, subject to the following procedural regulations:
A.
The applicant will submit all revisions to the Subdivision Coordinator
for proper handling and distribution; no revisions shall be considered
unless submitted to the Subdivision Coordinator.
B.
No revisions will be considered if submitted subsequent to the thirtieth
day before the regular meeting of the Board of Supervisors within
the period for review, unless the applicant shall, concurrently with
the submission of such revision, submit a written grant for extension
of the period for plan review by an additional period of 60 days.
[Ord. 2-2000, 4/5/2000, § 48; as amended by Ord.
2-2003, 12/17/2003, § I]
1.
The Township Engineer. The Township Engineer will review submitted
material and detail all items where the submitted material does not
comply with the requirements of this chapter. Then, a letter containing
this detail as well as all other comments, recommendations, and suggestions
will be prepared and sent to the Planning Commission within 30 days
of the date of submission.
2.
Township Planning Commission.
A.
At least 10 days before the last scheduled Supervisors meeting prior
to the deadline of 90 days after the date of submission, the Planning
Commission will review the plan, submit data and all recommendations
received from the Township Engineer as well as the other reviewing
agencies and recommend rejection, conditional acceptance or non-conditional
acceptance.
B.
Within five days of the review, the Planning Commission Secretary
notifies the Supervisors, in writing, of the Commission's decision
and the reasons for it with copies to:
3.
Board of Supervisors.
A.
When recommendations of the Planning Commission are received in accordance
with the schedule described in this chapter, the Supervisors will
put the plan on their agenda for review prior to the ninety-day deadline.
B.
On or before the deadline date, they review the final plan and the
written reports of the Planning Commission as available.
C.
They approve, conditionally approve, or reject the final plan and
no later than five days after making their decision and not more than
90 days after the application was submitted they communicate their
decision, in writing, to the applicant and to any person or group
that has asked to be notified.
D.
One print and one reproducible of the final plan are designated as
official copies, which will be placed in the Township files. These
must include all changes that the Supervisors have required.
[Ord. 2-2000, 4/5/2000, § 49; as amended by Ord.
2-2001, 3/21/2001, § 1]
1.
After these procedures have been completed, all endorsements, including
that of the Township Engineer, will be indicated or the record plan
and as many other copies of the final plan as may be desired. No subdivision
or land development may be legally recorded unless it bears the Township
seal.
2.
The record plan must be a clear, legible reproducible tracing on
linen or dimensionally stable film, and contain all the information
required for recording in the Office of the Recorder of Deeds.
3.
Upon the approval of a final plan, the developer shall within 90
days of such approval, or the date the approval of the Board of Supervisors
is noted on the plan, whichever is later, record such plan in the
Office of the Recorder of Deeds in and for Delaware County, and developer
must notify the Subdivision Coordinator of the deed book and page
number before any certificate of occupancy can be issued. If the developer
fails to do this, unless the Township at the written request of the
developer grants an extension, the Township's approval becomes
null and void.
