The procedures set forth in this article shall be followed for all subdivision and/or land development plans. The official Township determination on any application submitted under this chapter rests solely with the Board of Supervisors. The Township Planning Commission, Township Engineer, various Township officials, and York County Planning Commission are advisory to the Board of Supervisors. The procedure for consideration of a subdivision and/or land development plan may include three stages. The preapplication review (sketch plan) specified in § 435-12 is voluntary. Applicants are urged, but not required, to discuss possible development sites and plans with the Township Planning Commission while the project is at an early stage.
A.
A preliminary plan application is required for any of the following: land development; subdivision of residential land into five or greater lots from the effective date of this chapter; subdivision of land that is designated commercial or industrial use in Chapter 450, Zoning, as amended; subdivision that includes construction of streets, alleys, public or joint use sanitary sewer facilities, public or joint use water supply facilities, or stormwater detention/retention basins.
B.
A final plan application is required for all subdivision and land
development plans. The final plan contains detailed design data and
guarantees the construction of certain improvements. Approval of the
final plan concludes with the recording of the plan which authorizes
the construction of public/private improvements and the selling of
land.
(2)
Procedures are provided for a modification of the provisions of this
chapter as they apply to a specific project. Modifications are referred
to as "waivers."
C.
No submittal for land development shall be considered a valid submittal if a variance or special exception is required from the Zoning Hearing Board, or if a rezoning is required in order for said land development submittal to comply with Chapter 450, Zoning. In other words, land development submittals must comply with Chapter 450, Zoning, prior to land development plan submittal. If, due to the complex nature of Chapter 450, Zoning, requirements, it is not recognized that the land development plan submittal does not comply with Chapter 450, Zoning, until after the submittal has been accepted by the Township, then the applicant shall withdraw the land development plan submittal. If the applicant refuses to withdraw the land development plan submittal, then the Board of Supervisors shall have the right to reject the land development plan submittal.
D.
Common
ownership merger plan (lot consolidations).
[Added 11-8-2021 by Ord. No. 2021-249]
(1)
Adjacent lots of common ownership may be consolidated in accordance
with the following provisions:
(a)
There are no land development or other improvement proposed
that would prompt a submission of a land development plan.
(b)
Provide fully executed deed of consolidation (four copies).
(c)
Provide plot plan showing involved lots and lot line(s) to be
extinguished (four copies).
(d)
The plan shall contain the note: "This plan is for consolidation
of lots only and shall not change the conditions of any previous approved
plan for these lots."
(e)
The applicant must submit the merger plan to York County Planning
Commission along with the correct fee and provide the Township with
any YCPC review comments.
(f)
Provide filing fee as set by resolution of the Board of Supervisors
(see Fee Schedule available at the Township Municipal Office).
(2)
Upon certification by the Township, the Township shall submit the
common ownership merger plan to the York County Planning Commission
for signatures and the Office of the York County Recorder of Deeds
for a certification of recordation. Two paper copies will be retained
by the Recorder of Deeds, and one paper copy shall be returned to
the applicant. The applicant will be responsible for paying all recording
fees incurred.
E.
Corrective
action plan process.
[Added 11-8-2021 by Ord. No. 2021-249]
(1)
Corrective action plans shall be in accordance with the following
provisions:
(a)
There are no revisions to the previously approved plan except
to correct an obvious error and all items that were contained on the
original approved plan shall be included in the plan.
(b)
Provide executed revised plans (four copies).
(c)
The applicant must submit the corrective action plan to York
County Planning Commission along with the correct fee and provide
the Township with any YCPC review comments.
(d)
Provide filing fee as set by resolution of the Board of Supervisors
(see Fee Schedule available at the Township Municipal Office).
(2)
Upon certification by the Township, the Township shall submit the
corrective action plan to the York County Planning Commission for
signatures and the Office of the York County Recorder of Deeds for
a certificate of recordation. Two paper copies will be retained by
the Recorder of Deeds, and one paper copy shall be returned to the
applicant. The applicant will be responsible for paying all recording
fees incurred.
A.
Applicants are urged, but not required, to discuss possible development
sites and plans with the Township Planning Commission prior to submission
of a preliminary or final plan. The purpose of the sketch plan meeting
is to afford the applicant and opportunity to receive the recommendations
of the Township while the project is at an early stage. Request for
a sketch plan review shall not constitute a formal filing of a plan.
B.
A request for sketch plan review shall be submitted to the Township
Secretary, or designee, at the Township Municipal Office at least
14 working days prior to the Township Planning Commission meeting
in order to be placed on the agenda. The request shall include one
application form (see Appendix No. 5).[1] To aid in the effectiveness of the sketch plan review, it is recommended that the application include at least 11 paper copies of the design plan to provide Township officials with the opportunity to prepare comments. When submitted, the design plan information should include the data required in § 435-20, for a sketch plan.
[1]
Editor's Note: Appendix No. 5 is included as an attachment to this chapter.
C.
Individuals are welcome to discuss proposals at the Township Planning
Commission meeting without the submission of an application or the
benefit of a plan; however, the Planning Commission's ability to assist
the applicant with be greatly limited.
D.
In addition to the above, applicants may request that a sketch plan
review be submitted to Board of Supervisors for comments following
the Township Planning Commission review. When requested, the Township
Secretary, or designee, will advise the applicant of the meeting date
at which the sketch plan review is scheduled.
A.
Projects that require preliminary plan procedure. A preliminary plan application is required for any of the following: land development; subdivision of residential land into five or greater lots; subdivision of land that is designated commercial or industrial use in Chapter 450, Zoning, as amended, or proposes any nonresidential use; subdivision that includes construction of streets, alleys, public or joint use sanitary sewer facilities, public or joint use water supply facilities, or stormwater detention/retention basins.
B.
Consistency with sketch plan. The preliminary plan shall be substantially
consistent with the sketch plan. The preliminary plan may include
sections of an approved sketch plan, provided each section independently
conforms to the chapter, regulations and other standards of the Township,
and includes a reasonable portion of the sketch plan.
C.
Submission procedure.
(1)
Preliminary plans shall be submitted to the Township Secretary, or
designee, at the Township Municipal Office, on any business day. However,
preliminary plans must be submitted 30 calendar days prior to the
Township Planning Commission meeting in order to be placed on the
agenda.
(2)
The preliminary plan application shall not be available for revision
or inclusion of additional information for 14 working days before
the Planning Commission meeting at which the plan will be considered.
This time is to provide an examination of the plans and all appropriate
supporting documentation. The Township will not accept changes or
amendments to the application after this date, unless the applicant
authorizes a rescheduling of the preliminary plan and grants an extension
of the review time provided to the Township.
(3)
Applicants are required to submit four additional sets of plans with
sewer facilities planning in conjunction with the preliminary plan
to avoid unnecessary delays in attaining revision or supplement approval
prior to the final plan stage.
D.
Application requirement. All preliminary plan applications shall
include the following:
(1)
A minimum of 11 copies of the preliminary plan, reports, notifications and certification that are specified in § 435-27. Additional copies of the preliminary plan and reports may be required by the Township.
(2)
One application form (see Appendix No. 5).[1]
[1]
Editor's Note: Appendix No. 5 is included as an attachment to this chapter.
(3)
Filing fee as set by resolution of the Board of Supervisors (see
Fee Schedule available at Township Municipal Office), and the filing
fee set forth by the York County Planning Commission for review of
the plan.
(4)
All information shall also be submitted in digital electronic format.
E.
Distribution. The Township Secretary, or designee, shall distribute
the preliminary plan to the Board of Supervisors, Township Planning
Commission, Township Zoning Officer, Township Engineer and Township
Solicitor. The applicant shall distribute the preliminary plan to
the York County Planning Commission, and York County Conservation
District. If deemed necessary, data will be submitted to other officials
(e.g., Water Supply Company/Authority, School District, Park Board,
adjacent municipality, Emergency Management Coordinator, Pennsylvania
Department of Transportation, and Pennsylvania Department of Environmental
Protection).
F.
Reviewing agencies.
(1)
The preliminary plan is reviewed by the Township Secretary, Township
Zoning Officer, Township Engineer, York County Planning Commission,
York County Conservation District, and, if deemed necessary, other
officials. These reviewers will report their findings to the Township
Planning Commission and Board of Supervisors.
(2)
All plan reviews shall be based upon provisions of this chapter,
as well as other applicable ordinances. All review comments to the
Township Planning Commission, Township Board of Supervisors and applicant
shall cite the provision of the ordinances relied upon or be specifically
designated as a suggestion.
(3)
The preliminary plan will be placed on the Township Planning Commission
agenda for a meeting which is a least 14 working days following submission.
Attendance at the Township Planning Commission meeting by the applicant
or authorized agent is mandatory. The applicant or authorized agent
must be prepared to:
(a)
Display for public viewing a plan which identifies at least
the horizontal location of streets, parking, building, lot layout,
stormwater facilities, water supply, sanitary sewage disposal, and
other planned features;
(b)
Verbally describe the property location and planned features
in a presentation of no more than five minutes;
(c)
Establish the acceptance or rejection of any recommendation
of the Township Planning Commission and other officials; and
G.
Compliance with recommendations of the Township Planning Commission.
(1)
In order to avoid the Township Planning Commission's recommendation for disapproval, the applicant is encouraged to comply with the recommendations of the Township Planning Commission prior to their report to the Board of Supervisors. Should the applicant elect to revise the preliminary plan, 11 copies of the revised data and one application form shall be submitted to the Township Secretary, or designee, at the Township Municipal Office. The revised data shall be submitted on any business day, at least 14 working days prior to the Township Planning Commission meeting in order to be placed on the agenda. Revised plans will be distributed and reviewed in accordance with Subsections E and F.
H.
Ruling on the preliminary plan.
(1)
A ruling on the preliminary plan is made by the Board of Supervisors.
The applicant will be advised of the scheduled meeting for consideration
of the preliminary plan by the Board of Supervisors. Attendance at
the Board of Supervisors meeting by the applicant or authorized agent
is mandatory. The applicant or authorized agent must be prepared to:
(a)
Display a plan which identifies at least the horizontal location
of streets, parking, building, lot layout, stormwater facilities,
water supply, sanitary sewage disposal and other planned features;
(b)
Verbally describe the property location and planned features
in a presentation of no more than five minutes;
(c)
Establish the acceptance or rejection of any recommendation
of the Township Planning Commission or other officials; and
(d)
Establish the acceptance of any conditions of approval. The
acceptance or rejection of the conditions of approval will be entered
in the minutes of the Board of Supervisors. The acceptance of conditions
will also be acknowledged in writing (see Appendix No. 7).[2] If the applicant does not accept the conditions of approval,
the plan will be disapproved.
[2]
Editor's Note: Said appendix is on file in the Township offices.
(2)
The Board of Supervisors shall approve, conditionally approve, or
disapprove the preliminary plan no later than the greater of the period
of time required by the Municipalities Planning Code[3] or 90 days following the date of the regular meeting of
the Planning Commission next following the date the application was
filed; provided, however, should 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 30th day following the date the
application was filed.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
Should the applicant grant an extension of time within which the
Board of Supervisors shall act upon the preliminary plan and/or render
a written decision, the Board of Supervisors may act in accordance
with such extension of time.
I.
Notification of ruling.
(1)
The ruling of the Board of Supervisors shall be in the form of a
written notice. The written notice shall cite defects in the application
and the specific sections of this chapter, any applicable statue,
or applicable Township ordinance relied upon. The written notice shall
be presented to the applicant personally or mailed to him at his last
known address not later than 15 days following the decision. Refusal
by the applicant to accept conditions of approval shall constitute
disapproval of the plan.
(2)
In the event that any waiver of requirements from this chapter is
deemed necessary by the Board of Supervisors, the waiver and reasons
for its necessity shall be entered in the minutes of the Board of
Supervisors.
(3)
Approval of the preliminary plan entitles the applicant to final
plan approval, in accordance with the terms of the preliminary plan
conditions of preliminary plan approval and final plan requirements.
(4)
Preliminary approval binds the applicant to the plan as approved.
The final plan shall be substantially consistent with the approved
preliminary plan. Preliminary approval does not authorize construction,
sale or transfer of lots, nor shall this plan be recorded in the office
of the York County Recorder of Deeds.
(5)
Unconditional preliminary plan approval shall expire within five
years after being granted, unless an extension is requested by the
applicant and approved by the Board of Supervisors. Requests for extensions
shall be submitted to the Township 30 days prior to any prevailing
expiration date. The Township has no responsibility to inform the
applicant of the termination or pending termination of an application.
J.
Compliance with conditions of approval.
(1)
If the Board of Supervisors conditions its preliminary plan approval
upon receipt of additional information, alterations, changes or notifications,
such data shall be submitted and/or alterations noted on two copies
to be submitted to the Township Secretary, or designee. The applicant
shall include a brief written descriptive narrative on the submitted
data. The conditions of approval must be satisfied to obtain preliminary
plan approval.
(2)
Compliance with the conditions of preliminary plan approval must be attained within one year of the Board of Supervisors' ruling on the plan (see Subsection H), unless an extension is requested in writing by the applicant and granted by the Board of Supervisors. Preliminary plans which have not complied with the conditions of approval within the above time frame are disapproved.
A.
Projects that require final plan procedure. A final plan application is required for all subdivision and land development plans. When a sketch plan or preliminary plan application is required in accordance with §§ 435-12 and 435-13, an application for final plan approval can be submitted only after obtaining preliminary plan approval.
B.
Consistency with preliminary plans. The final plan shall be substantially
consistent with the preliminary plan. The final plan may include sections
of an approved preliminary plan, provided each section independently
conforms to the chapter, regulations and other standards of the Township,
and includes a reasonable portion of the preliminary plan.
C.
Submission procedure.
(1)
Final plans shall be submitted to the designated Township Secretary,
or designee, at the Township Municipal Office, on any business day.
However, final plans must be submitted 30 days prior to the Township
Planning Commission meeting in order to be placed on the agenda.
(2)
The final plan application shall not be available for revision or
inclusion of additional information for 14 working days before the
Planning Commission meeting at which the plan will be considered.
This time is provided to allow an examination and study the plans
and all appropriate supporting documentation. The Township will not
accept changes or amendments to the application after this date, unless
the applicant authorizes a rescheduling of the final plan and grants
an extension of the review time provided to the Township.
(3)
Applicants are required to submit four additional copies of plan
with sewer facilities planning in conjunction with the final plan,
if not submitted and approved as a part of preliminary plan, to avoid
unnecessary delays in attaining revisions or supplement approval.
D.
Application requirement. All final plan application shall include
the following:
(1)
A minimum of 11 copies of the final plan, reports, notifications and certificates which are specified in § 435-36. Additional copies of the final plan and reports may be required by the Township.
(2)
One application form (see Appendix No. 5).[1]
[1]
Editor's Note: Appendix No. 5 is included as an attachment to this chapter.
(3)
Filing fee as set by resolution of the Board of Supervisors (see
Fee Schedule available at the Township Municipal Office), and the
filing fee set forth by the York County Planning Department for review
of the plan.
(4)
All information shall be submitted in digital electronic format.
E.
Distribution. The Township Secretary, or designee, shall distribute
the final plan to the Board of Supervisors, Township Planning Commission,
Township Zoning Officer, Township Engineer and Township Solicitor.
The applicant shall distribute the final plan to the York County Planning
Commission, and York County Conservation District. If deemed necessary,
data will be submitted to other officials (e.g., water supply or sanitary
sewer company/authority, school board, adjacent municipality, emergency
management council).
F.
Reviewing agencies.
(1)
The final plan is reviewed by the Township Secretary, Township Zoning
Officer, Township Engineer, York County Planning Commission, York
County Conservation District, and, if deemed necessary, other officials.
These reviewers will report their findings to the Township Planning
Commission and Board of Supervisors.
(2)
All plan reviews shall be based upon provisions of this chapter,
as well as other applicable ordinances. All review comments to the
applicant and Board of Supervisors shall cite the provision of the
ordinances relied upon or be specifically designated as a suggestion.
(3)
The final plan will be placed on the Township Planning Commission
agenda for a meeting which is at least 14 working days following submission.
Attendance at the Township Planning Commission meeting by the applicant
or authorized agent is mandatory, for the applicant or authorized
agent must be prepared to:
(a)
Display for public view a plan which identifies at least the
horizontal location of streets, parking, building, lot layout, stormwater
facilities, water supply, sanitary sewage disposal, and other planned
features;
(b)
Verbally describe the property location and planned features
in a presentation of no more than five minutes;
(c)
Establish the acceptance or rejection of any recommendations
of the Township Planning Commission, and other official; and
G.
Compliance with recommendations of the Township Planning Commission. In order to avoid the Township Planning Commission's recommendation for disapproval, the applicant is encouraged to comply with the recommendations of the Township Planning Commission prior to their report to the Board of Supervisors. Should the applicant elect to revise the final plan, 11 copies of the revised data and one application form shall be submitted to the Township Secretary, at the Township Municipal Office. The revised data shall be submitted on any business day, at lease 14 working days prior to the Township Planning Commission meeting in order to be placed on the agenda. Revised plans will be distributed and reviewed in accordance with Subsections E and F.
H.
Ruling on the final plan.
(1)
A ruling on the final plan is made by the Board of Supervisors. The
applicant will be advised of the scheduled meeting for consideration
of the final plan by the Board of Supervisors. Attendance at the Board
of Supervisors meeting by the applicant or authorized agent is mandatory.
The applicant or authorized agent must be prepared to:
(a)
Display a plan which identifies at least the horizontal location
of streets, parking, building, lot layout, stormwater facilities,
water supply, sanitary sewage disposal and other planned features.
(b)
Verbally describe the property location and planned features
in a presentation of no more than five minutes.
(c)
Establish the acceptance or rejection of any recommendation
of the Township Planning Commission or other officials.
(d)
Establish the acceptance of any conditions of approval. The
acceptance or rejection of the conditions or approval will be entered
in the minutes of the Board of Supervisors. The acceptance of conditions
will also be acknowledged in writing (see Appendix No. 7).[2] If the applicant does not accept the conditions of approval,
the plan will be disapproved.
[2]
Editor's Note: Said appendix is on file in the Township offices.
(2)
The Board of Supervisors shall approve, conditionally approve, or
disapprove the final plan no later than the greater of the period
of time required by the Municipalities Planning Code or 90 days following
the date of the regular meeting of the Planning Commission next following
the date of the application was filed; provided, however, should 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 30th day following the date the application was filed.
(3)
Should the applicant grant an extension of time within which the
Board of Supervisors shall act upon the final plan and/or render a
written decision, the Board of Supervisors may act in accordance with
the limits of such extension of time.
I.
Notification of ruling.
(1)
The ruling of the Board of Supervisors shall be in the form of a
written notice. The written notice shall cite the defects in the application
and the specific sections of this chapter, any applicable statue,
or applicable Township ordinance relied upon. The written notice shall
be presented to the applicant personally or mailed to him at his last
known address not later than 15 days following the decision. Refusal
by the applicant to accept conditional of approval shall constitute
disapproval of the plan.
(2)
When requested by the applicant, in order to facilitate financing,
the Board of Supervisors shall furnish the applicant with a signed
copy of the resolution indicating approval of the final plan contingent
upon the applicant obtaining financial security in a form satisfactory
to the Board of Supervisors. The resolution's contingent approval
shall expire and be deemed to be revoked if the financial security
agreement is not executed within 90 days, unless an extension is requested
in writing by the applicant and granted by the Board of Supervisors.
J.
Compliance with conditions of approval.
(1)
If the Board of Supervisors conditions its final plan approval upon
receipt of additional information, alterations, changes or notifications,
such data shall be submitted and/or alterations noted on two copies
to be submitted to the Township Secretary, or designee. The applicant
shall include a brief written descriptive narrative on the submitted
data. The conditions of approval must be satisfied to obtain final
plan approval.
(3)
Compliance with the conditions of final plan approval and submission
for plan certification must be attained within one year of the Board
of Supervisors' ruling on the plan, or the Township action on the
plan shall be considered a disapproval unless the Board of Supervisors
grant a waiver by extending the effective time period. Request for
extensions shall be submitted to the Township 30 days prior to any
prevailing expiration date. The Township has not responsibility to
inform the applicant of the termination or pending termination of
an application.
K.
Final plan certification. After approval of the final plan, the applicant
shall present to the Township six paper copies of the final plan set
and two digital copies on a CD/DVD or other digital physical storage
of the plan set to be recorded (in PDF and AutoCAD format or approved
alternative). All six copies of the final plan shall bear original
signatures on each certificate.
(1)
Upon payment of any outstanding plan review fee or inspection fee,
the final plans shall be signed by the Township Planning Commission
and the Board of Supervisors (see Appendix Nos. 3 and 4).[3] One paper copy of the plan will be retained by the Township.
[3]
Editor's Note: Said appendixes are on file in the Township
offices.
(2)
Upon certification by the Township, the Township shall submit the
remaining plans to the York County Planning Commission for signatures
and the Office of the York County Recorder of Deeds for a certificate
of recordation. Two paper copies will be retained by the Recorder
of Deeds, and one paper copy shall be returned to the applicant.
(3)
The final plan shall be filed with the York County Recorder of Deeds
within 90 days of the Board of Supervisors' certification of approval.
No lot may be sold and/or construction initiated until the final plan
is filed with the York County Recorder of Deeds. The Township will
not issue further approvals or permits until the evidence of recordation
is provided by the applicant.
(4)
Recording of the final plan shall have the effect of an irrevocable
offer to dedicate all streets and other areas designated for public
use shown thereon unless reserved by the landowner as hereinafter
provided. The approval of the Board of Supervisors shall not impose
any duty upon the Township concerning maintenance or improvement of
any such dedicated street, or public use, until the Board of Supervisors
shall have accepted the same by the prevailing procedures of the Township.
(5)
If the final plan includes a notation to the effect that there is
no offer of dedication to the public of common use areas, the title
to such areas shall remain with the owner, their heirs and assigns,
and the Township shall assume no responsibility for improvements or
maintenance thereof, which fact shall also be noted on the final plan.
A.
Projects exempt from standard procedures. A previously approved subdivision
and/or land development plan that is revised to correct an obvious
error is exempt from the standard procedures and a single lot addition
of less than five acres which require no public improvements.
B.
Plan revision requirements. The plan shall comply with all design
requirements of this chapter. Revised plans shall not alter the number,
location or configuration of lots, buildings or other aspects of the
plan beyond the original understanding of the Board of Supervisors.
Revised plans shall comply with all plan requirements and note the
specific revision to indicate that the plan supersedes the previous
plan solely as it applies to the revision.
A.
Purpose. A waiver is the process to receive a modification of a chapter
requirement as it applies to a specific project.
B.
Standards for waiver. A waiver may be approved when the applicant
demonstrates to the Board of Supervisors that all of the following
is in existence:
C.
Application requirement. All applications for waivers shall be submitted
to the Township Secretary, or designee, at the Township Municipal
Office, on any business day. A waiver request shall include 11 copies
of all applicable plans, reports, and supplementary data, and one
application form (see Appendix No. 6).[1] If any of this information was filed with a preliminary
plan or final plan, additional copies need not be submitted. The Township
reserves the right to consider verbal request for waivers at a meeting,
provided the verbal request includes the justifications and a written
request is submitted at the meeting.
[1]
Editor's Note: Appendix No. 6 is included as an attachment to this chapter.
D.
Distribution. One copy of the waiver request will be distributed
by the Township Secretary, or designee, to the Township Zoning Officer,
Township Planning Commission, Township Engineer, Board of Supervisors,
and, if necessary, other officials.
E.
Reviewing agency. The waiver will be placed on the Township Planning Commission agenda for a meeting which is at least 14 working days following submission. Attendance at the Township Planning Commission meeting is necessary to present the justifications for the waiver. All waiver review comments shall be based upon the proposal's compliance with the standards stated in Subsection B.
F.
Ruling on the waiver. The Board of Supervisors shall have the authority
to approve the waiver.
G.
In granting any waiver, the Board of Supervisors may impose such
conditions as will, in its judgement, secure substantially the objectives
of the standards and requirements of this chapter.
H.
The acceptance or rejection of the conditions of waiver will be entered
in the minutes of the Board of Supervisors. The acceptance of conditions
shall also be acknowledged in writing by the applicant. It there is
no acceptance of conditions of approval, the waiver is deemed denied.
I.
Action on the waiver shall be entered in the minutes of the Board
of Supervisors and forwarded to the applicant. Failure of the Board
of Supervisors to render a decision and communicate it to the applicant
as described herein, shall not be deemed approval of the waiver.
A.
All applications for highway occupancy permit are subject to Township
review. HOP applications must be submitted to PennDOT (after Township
review) during the preliminary plan review process.
B.
No plan which will require access to a highway under the jurisdiction
of the Department of Transportation shall be finally approved unless
the plan obtains a highway occupancy permit pursuant to Section 420
of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State
Highway Law."[1]
[1]
Editor's Note: See 36 P.S. § 670-420.
C.
The plan shall be marked to indicate that access to the state highway
shall be only as authorized by a highway occupancy permit number.
D.
Neither the Department nor any municipality to which permit-issuing
authority has been delegated under the State Highway Law shall be
liable in damages for any injury to persons or property arising out
of the issuance or denial of a driveway permit, or for failure to
regulate any driveway. Furthermore, the Township shall not be held
liable for damages to persons or property arising out of the issuance
or denial of a highway occupancy permit by the Department.
The Board of Supervisors shall set fees, payable in advance
for review of plans. Such review fees may include reasonable and necessary
charges by the Township's professional consultants or engineer for
review and report thereon to the Township. Such review fees shall
be reasonable and in accordance with the ordinary and customary charges
by the Township Engineer or consultants for similar service in the
community, but in no event shall the fees exceed the rate or cost
charged by the engineer or consultant to the Township when fees are
not reimbursed or otherwise imposed on applicants. Such fees shall
be based upon a schedule adopted by resolution of the Board of Supervisors
upon enactment of this chapter, or as such schedule may be amended.
A copy of said fee schedule shall be available for review at the Township
office.
A.
In the event the applicant disputes the amount of any such review
fees, the applicant shall, within 14 working days of the applicant's
receipt of the bill, notify the Township that such fees are disputed,
in which case the Township shall not delay or disapprove a subdivision
or land development application due to the applicant's request over
disputed fees.
B.
In the event that the Township and the applicant cannot agree on
the amount of review fees which are reasonable and necessary, then
the applicant and the Township shall follow the procedure for dispute
resolution as set forth below:
(1)
If within 20 days from the date of billing, the Township and the
applicant cannot agree on the amount of expenses which are reasonable
and necessary, then the applicant and Township shall jointly, by mutual
agreement, appoint another professional of the same profession or
discipline as the consultant whose fees are being disputed, licensed
as such in the Commonwealth of Pennsylvania to review such expenses
and make a determination as to the amount thereof which is reasonable
and necessary.
(2)
The professional engineer or consultant so appointed shall hear such
evidence and review such documentation as the professional engineer
in his or her sole opinion deems necessary and render a decision within
50 days of the billing date. The applicant shall be required to pay
the entire amount determined in the decision immediately.
(3)
In the event that the Township and the applicant cannot agree upon
the professional engineer or consultant to be appointed within 20
days of the billing date, then upon application of either party, the
President Judge of the Court of Common Pleas of the judicial district
in which the Township is located (or if at the time there be no President
Judge, then the senior active judge then sitting) shall appoint such
engineer or consultant, who, in that case, shall be neither the Township
Engineer nor any professional engineer or consultant who has been
retained by, or performed services for, the Township or the applicant
within the preceding five years.
(4)
The fee of the appointed professional engineer or consultant for
determining the reasonable and necessary expenses shall be paid by
the applicant if the amount of payment required in the decision is
equal to or greater than the original bill. If the amount of payment
required in the decision is less than the original bill by $1,000
or more, the Township shall pay the fee of the professional engineer
or consultant; otherwise, the municipality and the applicant shall
each pay 1/2 of the fee of the appointed professional engineer or
consultant.
