[Ord. No. 82-1, 8/15/1982; as amended by Ord. No. 1988-2, 12/13/1988; Ord. No. 2006-1, 6/20/2006]
For any subdivision or land development project requiring review by the Forward Township Planning Commission, plans shall be submitted to the Forward Township Planning Commission and be in conformity with the regulations as set forth in this section, together with any and all application and review fees which are established by the Board for such applications from time to time. Any and all plans, drawings, data, specifications, and tabulations that are supplementary to a plan submission shall be considered as an integral part of the submission.
[Ord. No. 82-1, 8/15/1982; as amended by Ord. No. 1988-2, 12/13/1988; Ord. No. 2006-1, 6/20/2006]
The submitted plan shall show the ultimate layout proposed for development to be considered by the Planning Commission for review and, if ultimately reviewed and/or approved, for legal recording as thus shown.
[Ord. No. 82-1, 8/15/1982; as amended by Ord. No. 1988-2, 12/13/1988; Ord. No. 2006-1, 6/20/2006]
All restrictions affecting the use of property within the submitted proposal shall be detailed upon the plan.
[Ord. No. 82-1, 8/15/1982; as amended by Ord. No. 1988-2, 12/13/1988; Ord. No. 2006-1, 6/20/2006]
1. 
In the preparation of final plans to be submitted to the Forward Township Planning Commission for review, the following specifications and techniques shall be required unless waived by the Commission:
A. 
All plans shall be drawn on new linen tracing cloth or other comparable permanent material on sheets no larger than 24 inches by 36 inches and contain the following general information: North arrow; key map showing project location and municipality; streets on and adjacent to the land tract with street names; proposed general lot layout and tract boundaries; sewage system information; water system information; and name, address, and phone number of contact person for the project.
B. 
All plans shall be drawn with waterproof black ink. All records, data, entries and statements shall be made with waterproof black ink. All signatures shall be signed with waterproof black ink. Contour lines, when shown, shall be drawn with waterproof brown ink or with diluted waterproof black ink, so that the contour lines will show faintly on a print made from the original drawing.
C. 
All drawings shall be drafted to a scale no smaller than 100 feet to the inch, and shall be of sufficient size to clearly show all dimensions, notations, entries, etc.; however, plans should generally be drawn to a scale of 50 feet to the inch. Dimensions shall be shown to the nearest 0.01 foot.
D. 
All plans shall have the title placed in the lower right-hand corner of the drawing along with a signature block containing the owner's signature.
[Ord. No. 82-1, 8/15/1982; as amended by Ord. No. 1988-2, 12/13/1988; Ord. No. 2006-1, 6/20/2006]
1. 
The following process shall be in effect for the submittal, review, and formal action on an application for preliminary plan approval:
A. 
The developer or his representative shall submit not less than four paper copies of the documents required by this section to the Planning Commission 30 days before the regular Planning Commission meeting. The Planning Commission may request additional copies of the plan at its option. An electronic version (PDF) shall also be provided.
[Amended by Ord. No. 2022-6, 8/9/2022]
B. 
The developer shall pay, by check to the order of Forward Township, a filing fee to cover the processing of his plan 30 days before the regular Planning Commission meeting in an amount set from time to time by resolution of the Board of Supervisors.
[Amended by Ord. No. 2022-6, 8/9/2022]
C. 
The developer or his representative is strongly urged to be present at the meeting when his plan is considered. The Planning Commission may, at its option, postpone review of the plan, and official receipt of the plan for the record, until a subsequent meeting at which the developer or his representative is present.
D. 
The Planning Commission shall review the submission as to conformance with the specific requirements of this Part and all other applicable ordinances and incorporation of recommendations made at the preapplication meeting.
E. 
The Planning Commission shall indicate to the developer what deficiencies it notes on the plan and other recommendations it may have, all of which shall be noted in the minutes of the meeting.
F. 
Copies of the submission shall be sent to the Board of Supervisors, to the Sewage Enforcement Officer, and to the Township Engineer at the Planning Commission's option, and one copy shall be placed in the Planning Commission's files. At its option, the Planning Commission may require one copy of the plan for each Planning Commission member.
G. 
The developer shall submit one additional copy to the Butler County Planning Commission for its review not later than one week after the Forward Township Planning Commission meeting, requesting comments from the Butler County Planning Commission be sent to the Township before the Township Planning Commission's next regular meeting.
H. 
The Planning Commission may request the developer to submit one copy of the plan to the Butler County Conservation District and/or to the Department of Environmental Protection.
I. 
The Planning Commission may call and hold a public hearing on the plan after newspaper advertisement once in each of two consecutive weeks, the first notice not less than 14 days before the hearing, and after notifying owners of property abutting the plan by mail.
J. 
The Planning Commission shall recommend to the Board of Supervisors that the plan be approved as presented, approved with conditions, or denied. The recommendation shall be noted in the minutes of the meeting, with reasons in support of the decision and the attached conditions, if any, spelled out, and comments from the various agencies asked to review the plan cited. A letter detailing the Planning Commission's recommendation shall be sent to the developer and to the Board of Supervisors.
K. 
If the developer withdraws the plan by letter, in writing, for modification and resubmits it, the new review period shall commence upon the date of the meeting at which the plan was resubmitted. A new review fee is required with the resubmittal.
L. 
The Board of Supervisors shall review the recommendations of the Planning Commission and shall render a decision to approve the plan as submitted, approve it with conditions or deny it. The Board of Supervisor's decision shall be reached and the developer shall be informed no later than 90 days after the Planning Commission's meeting at which the preliminary plan application was first reviewed and not subsequently denied.
M. 
The Board of Supervisors shall enter its decision in the minutes of its meeting, indicating the vote, conditions, if any, attached to approval or specific reasons why the plan was denied, citing sections of this Part. The Board of Supervisors shall send a letter to the developer, notifying him of the decision, within 15 days after the meeting.
N. 
Failure of the Board of Supervisors to render a decision and/or to communicate it to the developer within the ninety-day limit shall be deemed an approval of the plan as submitted, unless the developer has requested, in writing, an extension of time which is granted by the Planning Commission and/or Board of Supervisors, in which case failure to meet the extended time limit shall have the same effect.
O. 
Approval of a preliminary application shall not be construed to constitute final approval but only an authorization to proceed with preparation of a final plan application for presentation to the Planning Commission not later than one year after preliminary plan approval. The final plan may be, for all or a part of the plan, given preliminary approval. Failure of the developer to submit a final plan application within the one-year limit shall render the preliminary plan approval void.
[Ord. No. 82-1, 8/15/1982; as amended by Ord. No. 1988-2, 12/13/1988; Ord. No. 2006-1, 6/20/2006]
1. 
Preliminary plans may be waived for minor and simple subdivisions and developments.
2. 
All plans, drawings, date specifications, etc., that are submitted to the Forward Township Planning Commission for review and approval shall be in conformance with the following specifications, submitted in duplicate, and shall include, but not be limited to, the following:
A. 
The title under which the subdivision or land development is to be recorded.
B. 
The date of the plan, the graphic scale and the North point.
C. 
The location of the plan by municipality, county and state.
D. 
The name and address of the owner of the subdivision or land development, or of his agent, if any, and of the subdivider or developer. The signature of the owner and subdivider or developer is required.
E. 
The name and address of the engineer or surveyor, together with his registration number and seal attached. The signature of the engineer or surveyor must appear below his registration number and seal.
F. 
Contours of vertical intervals of two feet for land with an average natural slope of 8% or less and at vertical intervals of five feet or more for steeply sloping land.
G. 
Adequate information regarding the reference data used for elevations.
H. 
Proposed grading showing existing contours to remain, contours to be altered and new contours at two-foot intervals.
I. 
The total acreage of the plan.
J. 
The plot and property lines of the proposed plan to include their courses and distances and the interior angles of their intersections with the boundary lines of adjacent property.
K. 
The property lines of adjacent property, whether laid out as subdivisions or not, with the names of the owners of such property.
L. 
The names and dimensional data of proposed streets, roads or other ways which are, or will become, extensions of already established streets, roads or other ways which are required to be shown. New street names shall not duplicate or closely approximate existing street names within the Township.
M. 
The layout and dimensional data for all streets, roads or other ways adjacent to or abutting the plan within 200 feet of the proposed development boundaries.
N. 
The utilities on, or proposed for, and within 200 feet of the development, showing the location, size and appropriate elevations for sanitary and storm sewers, and water mains, gas mains, hydrants, power and telephone lines, sewage lift stations, sewage disposal plants, and water supplies, including private wells and storage facilities. Points of connection with existing utilities shall also be shown, where applicable.
O. 
The approximate location, dimensions and area of all property to be reserved for public use or for use by the property owners in the development, such as parks and recreation areas.
P. 
The location, dimensions, and purpose of all proposed easements.
Q. 
The proposed plan for storm drainage systems, including location of storm sewers, culverts, inlets, easements, diversion terraces, sedimentation basins, etc., and a determination of the amount of runoff from the project area and the upstream watershed area.
R. 
The location of prominent topographic features such as streams, drainage channels, floodplains as developed and delineated by FEMA, wooded areas and other pertinent features that may influence the design.
S. 
The dimensioning of individual lots within the proposed plan shall be in sufficient detail so as to enable the calculation of each lot area and lot dimensions.
T. 
Where multifamily development is proposed, the locations of these buildings shall be indicated showing height of each, number of dwelling units in each, minimum distances between buildings and between buildings and road rights-of-way, and proposed parking areas and number of spaces.
U. 
A separate street profile may be required for each established and proposed street, road or other way, showing elevations along the center line within the plan and at a distance of 200 feet beyond the plan.
V. 
If on-lot sewage disposal is to be utilized in the development, the developer shall submit soil percolation tests certified by the municipal Sewage Enforcement Officer or the Department of Environmental Protection conducted in accordance with the provisions of the Pennsylvania Sewage Facilities Act[1] rules and regulations.
[1]
Editor's Note: See 35 P.S. § 750.1.
W. 
A general location map shall be submitted with the preliminary plan and shall be drawn at a scale large enough to show the location of the proposed development within the municipality and its relationship to existing community facilities, such as main traffic arteries, public transportation, schools, recreation areas, shopping areas and industrial areas.
X. 
All buildings, structures, storage facilities, and all existing wells and on-lot disposal systems.
[Ord. No. 82-1, 8/15/1982; as amended by Ord. No. 1988-2, 12/13/1988; Ord. No. 2006-1, 6/20/2006]
1. 
The following process shall apply to the submission, review, and action taken on final plans:
A. 
Having successfully completed the preliminary plan application procedure, the developer shall, within one year of preliminary approval, submit his final plan application in not less than four copies at a regularly scheduled meeting of the Planning Commission. He shall inform the Secretary of the Planning Commission of his intent to submit at least 30 days prior to the regular Planning Commission meeting. The submission shall consist of the documents required by this section and may be for all or a part of the plan already given preliminary approval. An electronic version (PDF) shall also be provided.
[Amended by Ord. No. 2022-6, 8/9/2022]
B. 
The Planning Commission shall review the submitted documents as to conformance with the requirements of this Part. The Planning Commission will satisfy itself that conditions attached to preliminary approval have been incorporated in the submission. The developer or his representative is urged to be present at the meeting to answer questions raised by the Commission. In the event the developer or his representative is not present and questions arise that cannot be answered, the Planning Commission, at its option, may postpone consideration of the submission and its official receipt for the record until the developer or his representative is present.
C. 
The Planning Commission shall indicate to the developer or his representative what, if any, deficiencies it discovers and shall note them in the minutes of the meeting. Copies of the submission shall be distributed to the Board of Supervisors, to the Sewage Enforcement Officer, to the Township Engineer, and to the Planning Commission files.
D. 
The Planning Commission shall require the developer to submit one additional copy to the Butler County Planning Commission for its review not later than one week after the Township Planning Commission meeting, requesting comments to be sent to the Township Planning Commission before its next regular meeting. The developer should be made aware in any case that the review of the Butler County Planning Commission is required prior to final recording.
E. 
The Planning Commission shall recommend to the Board of Supervisors that the plan be approved as presented, approved with conditions, or denied. The recommendation shall be noted in the minutes of the meeting, with reasons in support of the decision and the attached conditions, if any, spelled out. A letter detailing the Planning Commission's recommendations shall be sent to the developer and Board of Supervisors.
F. 
The Board of Supervisors shall review the recommendations of the Planning Commission and shall render a decision to approve the plan as submitted, approve it with conditions, or deny it. The Board of Supervisor's decision shall be reached and the developer informed of it no later than 90 days after the Planning Commission meeting at which the final plan application was first reviewed, and the developer informed of said decision, in writing, within 15 days of the Board of Supervisor's decision at his last known address.
G. 
If the developer withdraws the plan, by letter in writing, for modification and resubmits it, the new review period shall commence upon the date of the meeting at which the plan was resubmitted. A new fee is required with the resubmittal.
H. 
The Board of Supervisors shall enter its decision in the minutes, indicating the vote; conditions, if any, attached to approval; or specific reasons why the plan was denied, citing sections of this Part relied on.
I. 
Failure of the Board of Supervisors to render a decision and communicate it to the developer within the ninety-day limit shall be deemed an approval of the plan as submitted, unless the developer has agreed, in writing, to an extension of time, in which case failure to meet the extended time limit shall have the same effect.
J. 
As a condition of final plan approval, the developer shall deposit with Forward Township a corporate bond or other security acceptable to the Township Solicitor, to be held in escrow and equal in value to 110% of the total estimated cost, as determined by the developer's engineer and approved by the Board of Supervisors. The bond or security shall cover all improvements to be constructed to serve the approved final plan, as agreed to by the developer and the Board. All required improvements shall be completed within five years of the date of final plan approval, unless the Board and the developer agree to a specific time extension. If the improvements are not completed within the time period or agreed-upon extension, the Board shall exercise its right to use the escrow fund to complete the improvements not finished at the end of the time period or extension. In addition, the developer shall deposit with the Township an amount equal to 10% of the estimated cost of construction of the improvements to reimburse the Township for professional fees incurred for inspection, engineering, legal, overhead, and such additional costs as may be incurred by the Township during construction. The Township agrees, upon acceptance of the constructed improvements, to refund to the developer the balance, if any, of the initial or any subsequent deposit not expended. If the Township determines, at any time during the construction of the improvements, that the amount of money deposited by the developer is insufficient to cover the costs incurred by the Township, then the Township shall require the developer to deposit additional monies to cover payment of those costs.
[Ord. No. 82-1, 8/15/1982; as amended by Ord. No. 1988-2, 12/13/1988; Ord. No. 2006-1, 6/20/2006]
1. 
All plans, drawings, data specifications, etc., that are submitted to the Forward Township Planning Commission for final review shall be in conformance with the following specifications and shall include, but not be limited to, all the items listed in § 22-304, as well as the following:
A. 
Title block in the lower right-hand corner of each sheet containing the name of the subdivision or land development plan; graphic scale; date name and address of the owner of land and developer, if different; and the name and address of the professional engineer or surveyor who prepared the plan. Notarized signatures of the landowner and developer, as well as the signature of the professional engineer or surveyor, must appear on the drawing above the title block.
B. 
Certificates and acknowledgements on one sheet.
C. 
North point.
D. 
Block and lot numbers (in consecutive order), dimensions by bearing and distances of all property lines and lot lines, area of each parcel, and total number of lots and acreage of whole development.
E. 
Accurate boundary lines, with dimensions and bearings which provide a survey of the tract.
F. 
Street right-of-way lines, street names, and pedestrianways.
G. 
Accurate dimensions by bearing and distances of all street right-of-way lines, as well as all curve data, deflection angles, lengths of arcs, points of tangent and deflection and angles of all corners.
H. 
Street center lines with accurate dimensions in feet and hundredths of feet, with bearings of such street center lines.
I. 
Location of all permanent existing and proposed monuments and lot markers.
J. 
Accurate dimensions of existing public land, and of any property to be dedicated or reserved for public, semipublic or community use, and all areas to which title is reserved by the owner.
K. 
Easements for utilities and any limitations on such easements.
L. 
Widths of all rights-of-way, streets and easements.
M. 
Building setback lines, not less than the minimum as fixed by these regulations, or by public authority, or by deed restrictions, whichever is greater.
N. 
Names of owners of unplotted adjacent property and names of adjacent lot plans or development plans.
O. 
The Planning Commission may require the submission of the following maps at the same scale as the final plan:
(1) 
A map showing the sewage disposal system.
(2) 
A map showing the water supply system, including fire hydrant location.
(3) 
A map showing the location of gas lines, electric distribution lines, telephone lines and streetlights.
(4) 
A map showing the design and development of recreation facilities.
(5) 
A map showing the location and design of group parking areas.
(6) 
A map showing the location of street trees, plantings, ground cover or ground surface treatment to be undertaken by the developer.
(7) 
A map showing the grading and storm drainage plan.
(8) 
A map showing sidewalks and curbing.
[Ord. No. 82-1, 8/15/1982; as amended by Ord. No. 1988-2, 12/13/1988; Ord. No. 2006-1, 6/20/2006]
1. 
Before final approval can be granted to the developer, he shall present to the Forward Township Planning Commission and Board of Supervisors the following:
A. 
Letters from the public suppliers of water and sewage disposal stating they will serve the development; or a letter from the Pennsylvania Department of Environmental Protection stating that the proposed sewage disposal system and/or water supply system to be provided by the developer meet the requirements of the Department and that the Department has approved said plans and specifications. Final approval of the sewage facilities planning module is required before final approval of the subdivision plan can be granted.
B. 
If the plan disturbs land surface of one acre or more, a certificate from either the Pennsylvania Department of Environmental Protection or the Butler County Conservation District stating that the erosion and sedimentation control plan has been approved and that a land disturbance permit has been issued for an earthmoving activity by the Department or by the Butler County Conservation District.
C. 
A copy of any covenants and/or rights of easement in the form in which they will be filed as legal documents.
D. 
No plan shall be finally approved unless there is deposited with the Township financial security equal to 110% of the costs of any improvements, including, but not limited to, roads, streets, stormwater detention, recreation basins, drainage facilities, buffer plantings, open space improvements, walkways, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, and storm drains, which said bond or financial security shall provide for and secure to the Township the completion of the improvements within one year, all as provided by the Municipalities Planning Code (53 P.S. § 10509) and by law.
[Ord. No. 82-1, 8/15/1982; as amended by Ord. No. 1988-2, 12/13/1988; by Ord. No. 2006-1, 6/20/2006; and by Ord. No. 2022-6, 8/9/2022]
1. 
Plan Filing. The final approved plan shall be recorded at the Office of the County.
2. 
Upon the final approvals and the recording of the plan(s), a complete set of drawings shall be provided to the Township in AutoCAD format.
3. 
Release from Improvement Bond.
A. 
The developer shall contact the Township Engineer before placing street base, before paving any street, or backfilling or placing any other improvements covered by the bond and shall not proceed until authorized to do so by the Township Engineer.
B. 
When the developer has completed all the necessary improvements, he shall notify the Secretary of the Township by registered mail of the completion of the improvements and shall send a copy to the Township Engineer.
C. 
The Board of Supervisors shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all improvements.
D. 
Having made his inspection, the Township Engineer shall file a detailed report, in writing, with the Board of Supervisors not later than 30 days after receipt of the authorization to proceed, with a copy of the report sent by registered mail to the developer. The report shall indicate approval or rejection of the improvements either in whole or in part. In the event that the Township Engineer shall not approve or shall reject any or all of the improvements, his report shall contain a statement of specific reasons for each such failure to approve or reject. Upon receipt of the Township Engineer's report and its acceptance by the Board, the Board of Supervisors shall, within five days after its regular monthly meeting next succeeding receipt of the report, notify the developer, in writing, by registered mail, of its action relative to the Township Engineer's report.
E. 
If the Board of Supervisors or the Township Engineer fails to comply with the time limitation provisions of this section, all improvements will be deemed to have been approved and the developer shall be released from all liability pursuant to his performance guaranty bond or other security agreement.
F. 
If any portion of the improvements are not approved or are rejected by the Board, the developer shall proceed to complete the improvements so designated, and upon completion, the same procedure of notification as outlined above for inspection and approval shall be initiated.
G. 
Nothing in this section shall be construed to limit the developer's right to contest or question, by legal proceedings or otherwise, any determination of the Board or Township Engineer.
H. 
If any improvements covered by the developer's bond or other security have not been installed within one year of the date of final approval by the Board of the subdivision or development, unless the Board and developer mutually agree to an extension of specific length, the Board shall have the power to enforce the bond or other security by appropriate legal action and equitable remedies. If proceeds of such bond or other security are insufficient to cover the cost of installing or making repairs or corrections to all the improvements covered by bond or security and found unacceptable or left uninstalled, the Board, at its option, may install such improvements and may institute appropriate legal or equitable action to recover the funds necessary to complete the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of improvements covered by such security and for no other municipal purpose.
I. 
The developer and the Board may agree to a program of partial release of bonds or other security as the provision of improvements proceeds. Such procedure shall leave, remaining under bond or secured, at least enough credit to complete all improvements not yet accepted.
4. 
Status of Improvements After Acceptance.
A. 
Approval of improvements shall not constitute an acceptance of repairs or maintenance by the Board of Supervisors. All improvements shall remain in private ownership until such time as their dedication shall have been accepted by ordinance or resolution or until condemned for public use. The costs of advertising for the adoption ordinance shall be borne by the developer or the corporation requesting the adoption, except in the case of condemnation, in which case the Township shall bear such costs.
B. 
As a condition of immediate acceptance by ordinance or resolution, the developer shall post a maintenance bond or other security in favor of the Township in the amount of 15% of the total value of all the accepted improvements to run for a period of 18 months from the date of acceptance by ordinance, such bond to guarantee replacement of all improvements damaged or destroyed because of defective materials or installation.
C. 
The recording of a plan shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land.
D. 
The developer shall provide as-built plans to the Township. These plans shall consist of one 24 x 36 set, one 11 x 17 set, and an AutoCAD file.
[Ord. No. 82-1, 8/15/1982; as amended by Ord. No. 1988-2, 12/13/1988; Ord. No. 2006-1, 6/20/2006]
Plans and data involving subdivision or land development of 10 lots or less with no street construction or changes in existing streets or roads may generally be excused from the requirements for submission of a preliminary plan. Any residual property is considered a lot. Any further subdivision of the 10 lots will require a formal preliminary plan submittal and approval. The developer shall, however, comply with the requirements for submission of a final plan as detailed in § 22-307.
[Ord. No. 82-1, 8/15/1982; as amended by Ord. No. 1988-2, 12/13/1988; Ord. No. 2006-1, 6/20/2006]
The Board of Supervisors may authorize or approve departures from any of the provisions and requirements set forth in this Part when in the opinion of the Board such departure is desirable or expedient.