[Ord. No. 74-1977, § 401, 7/12/1977; Ord. No. 112-1980, § 1, 12/23/1980; Ord. No. 118-1981, 9/22/1981; Ord. No. 3-1995, 9/12/1995; Ord. No. 8-1999, § 2, 7/27/1999]
1.
Whenever subdivision of land or land development is desired to be
effected in South Hanover Township, Dauphin County, a plat of the
layout of such subdivision or land development shall be prepared,
filed and processed with the Board of Supervisors according to the
requirements of this chapter.
A.
The Board of Supervisors may waive the requirements of pre-application
plans and data and the preliminary plat requirements and accept a
"preliminary/final" plat provided the following conditions exist:
(1)
The applicant submits a written request to the Board.
(2)
Where two lots are proposed to be subdivided from a tract of
land.
(3)
Where land is being transferred to be combined with an existing
lot.
(4)
Where the proposed subdivision is on an existing street and
no new streets or improvements are involved.
B.
The Board of Supervisors may waive the requirements of pre-application
plans and data and the preliminary plat requirements and accept a
final plat as a "lot add-on plan," provided that the following facts
are found to exist with regard to the plan:
2.
A subdivision plan or land development plan shall be presented to
the South Hanover Township Planning Commission for their review and
recommendations. When the plan is determined to meet the minimum requirements,
the plan shall then be presented to the Board of Supervisors for approval.
A.
A plan shall generally be developed through three distinct stages:
the pre-application (sketch) plan, the preliminary plat and the final
plat with the following exceptions:
(1)
Subdivisions having 10 lots or more are strongly recommended
to submit a sketch plan; however, all pertinent data required for
a sketch plan shall be contained within the plan submitted for review.
3.
Prior to submitting a subdivision or land development plan to the
Planning Commission, the applicant shall consult with the Dauphin
County Conservation District and obtain the information necessary
to prepare:
A.
An erosion and sedimentation control plan which shall be in accordance
with the Pennsylvania Code, Title 25, Chapter 102, "Erosion Control,"
P.L. 1787, June 22, 1937, as amended.
B.
Any earth moving permits which may be required by the Department
of Environmental Resources.
C.
Information concerning the area soil characteristics that will assist
the Commission's review of the proposed development regarding any
limitations of basement or foundation construction or park areas construction
and grading conditions.
4.
Prior to submitting a subdivision or land development plan to the
Planning Commission, the applicant shall review: the South Hanover
Township Official Sewage Plan, Act 537, as amended, and determine
the sewer management district to be affected.
B.
If the subdivision is within a sewerage district and the sewage disposal
system does not have sufficient capacity or does not extend to the
proposed site, the applicant shall show evidence of how improvements
will be installed that shall be in accordance with the requirements
of Act 537.
C.
If the subdivision is within an on-site sewer management district,
the applicant shall cause the area soil to be tested and evaluated
by the sewage enforcement officer (SEO), certified by the State of
Pennsylvania and retained by South Hanover Township. The applicant
shall then show evidence that a specific location within each lot
of the subdivision is acceptable for an on-site sewage disposal system.
5.
Prior to submitting a subdivision or land development plan to the
Planning Commission, the applicant shall meet the requirements of
the Pennsylvania Code, Title 25, Chapter 71, "Administration of the
Sewage Facilities Program," by submitting a completed "Sewage Facilities
Planning Module."
A.
Subdivisions having 10 lots or less that are created within property
lines which existed on May 1, 1972, will be considered to be a minor
subdivision and the appropriate "Sewage Facilities Planning Module"
may be obtained at the Township office.
B.
Subdivisions having more than 10 lots and all land development plans
shall be considered to be major subdivisions and the applicant will
obtain a "mailer" from the South Hanover Township Office and apply
to the Department of Environmental Resources for the documentation
and forms applicable.
6.
Prior to submitting a subdivision or land development plan to the Planning Commission, the applicant shall review the South Hanover Township Zoning Ordinance and Map [Chapter 27] and determine that the proposed planned use meets the requirements of this article.
7.
Prior to submitting a subdivision or land development plan to the
Planning Commission the applicants shall review the U.S. Department
of Housing and Urban Development (HUD) Flood Hazard Boundary Map for
South Hanover Township and determine where the site lies in relation
to the one-hundred-year flood limit.
A.
No plat shall be approved for which the Commission finds that drainage
or flood control protection is necessary until plans are submitted
showing that:
B.
Land subject to flooding and deemed topographically unsuitable shall
not be platted for residential occupancy nor for such other uses as
may increase danger to health, life or property or aggravate erosion
or flood hazard. Such land within the subdivision or land development
shall be set aside on the plat for such uses as shall not be endangered
by periodic or occasional inundation or shall not produce unsatisfactory
living conditions.
C.
To ensure that residents will have sufficient flood-free land upon
which to build a house, the Commission may require that elevation
and flood profiles be provided. Each lot shall contain a building
site which shall be completely free of the danger of floodwaters on
the basis of available information.
D.
Except where specifically approved by the Board of Supervisors, the
Commission shall not approve streets subject to inundation by flooding.
8.
The Board of Supervisors shall act on any submitted plat within 90
days of its being received and accepted for review. In the event a
modification of the requirements of this article is requested by the
applicant or is deemed necessary by the supervisors for approval,
the modification and the reasons for its necessity shall be entered
in the records of the supervisors.
9.
Before acting on any subdivision plat, the Board of Supervisors may
hold a public hearing thereon after public notice.
10.
The Board of Supervisors shall determine all plat approvals, approvals
with modifications or disapprovals and shall notify the applicant,
in writing, of its decision by communicating the same to the applicant
personally or by mailing the same to the applicant's last known address
not later than 15 days following the decision.
11.
When the application is not approved in terms as filed, the decision
shall specify the defects found in the application and describe the
requirement which have not been met and shall, in each case, cite
the provisions of this article.
12.
Failure of the Board of Supervisors to render a decision and to communicate
it to the applicant within the time and in the manner required herein
shall be deemed an approval of the application in terms as presented;
unless the applicant has agreed, in writing, to an extension of time
or change in the prescribed manner of presentation or communication
of the decision, in which case, failure to meet the extended time
or change in manner of presentation or communication shall have like
effect.
13.
The Planning Commission shall submit copies of the submission together
with all accompanying or supporting data to:
A.
The Township Engineer, who shall advise the supervisors as to the
suitability of all engineering details and specifications.
B.
The Board of Supervisors.
C.
All affected public utilities who shall be requested to make recommendations
regarding the suitability of any utility easements.
D.
The local office of the Department of Transportation where the subdivision
or land development will front an existing or proposed state highway
or has a proposed street entering such highway.
E.
Dauphin County Planning Commission.
F.
The Township Zoning Officer.
14.
A stormwater management plan shall be submitted for all regulated activities in accordance with Chapter 26, Stormwater Management, of the Code of Ordinances of the Township.
[Amended by Ord. No. 4-2019, 10/8/2019]
15.
A water supply determination shall be submitted for all subdivisions
having 15 dwelling units or more and for all land development plans
and shall be prepared by a registered professional engineer.
16.
Space for park and recreation facilities meeting the requirements
of this chapter shall be submitted for all subdivisions having 30
lots or more.
17.
Upon
conditional approval of a final plat, the developer shall within one
year of such final approval complete conditions imposed for such approval;
unless the deadline is extended by the Board of Supervisors, at their
discretion, after the submission of a written request to extend the
deadline.
[Added by Ord. No. 4-2019, 10/8/2019]
[Ord. No. 74-1977, § 402, 7/12/1977; Ord. No. 3-1995, 9/12/1995; Ord. No.
2-2000, §§ 1, 2, 9/26/2000]
1.
A sketch plan is strongly recommended for all subdivisions having
10 lots or more and for all land development plans.
2.
Space for park and recreation facilities meeting the requirements
of this chapter should be indicated for all subdivisions having 30
lots or more.
3.
All subdivision plans and land development plans containing 50 dwelling
units or more shall be submitted by the applicant to the Lower Dauphin
School District for determination by the district of the effect that
the proposed subdivision or land development will have on the school
district.
4.
All sketch plan submissions, at a minimum, should include the following
information in order to be accepted by the Planning Commission for
review:
A.
Subdivisions involving 20 acres or less will be submitted on sheets
18 inches by 24 inches, subdivisions larger than 20 acres will be
submitted on sheets 24 by 36 inches. Larger sheets will not be accepted
for review.
B.
The applicant, at a regularly scheduled meeting of the Commission
and as part of the submission, shall present six copies of the proposed
layout preferably prepared by a registered land surveyor or a professional
engineer who is also a registered land surveyor. In either case the
preparer shall be registered to practice in the State of Pennsylvania.
C.
Acceptance of the sketch plan shall not constitute approval of the
preliminary plat or final plat by the supervisors.
5.
The sketch plan title block should include:
A.
The term "sketch plan" clearly labeled.
B.
Name of the municipality.
C.
The proposed name of the subdivision or land development.
D.
Name, address and telephone number for both the registered owner
and any equitable owner.
E.
Name of the surveyor or engineer responsible for the preparation
of the map.
F.
Map scale.
G.
Date of preparation.
6.
The sketch plan sheet should include:
A.
A location map oriented to the north and showing the subdivision,
adjacent streets and other pertinent information.
B.
A statement of tract zoning and proposed land use.
C.
North arrow aligned to the top of the plat.
D.
Property map showing the entire lot, tract or parcel to be affected
by the subdivision or land development.
E.
The tract boundary showing bearings and distance drawn according
to the listed deed reference.
F.
Streams, ponds, watercourses and wetlands.
G.
Floodplain limits.
H.
Wooded areas.
I.
Existing buildings.
J.
Existing utilities, pipelines and drainage pipes.
K.
Existing streets with name and route designation.
L.
Existing roadway easements.
M.
Proposed subdivision lot layout with numbers.
N.
Proposed use of each lot.
O.
Proposed water supply.
P.
Proposed sewage disposal.
Q.
Proposed parks and recreational areas.
R.
Proposed street locations and names.
S.
Proposed parking areas.
7.
All residential developments or subdivisions containing 20 or more dwelling units or residential lots and all nonresidential developments (with the exception of agricultural development) that generate 50 or more new peak hour trips as defined by the ITE Highway Capacity Manual shall provide a traffic impact study in accordance with the requirements set forth in Article IIIA of this chapter.
[Ord. No. 74-1977, § 403, 7/12/1977; Ord. No. 103-1980, § 23, 1/22/1980; Ord. No. 118-1981, § 2, 9/22/1981; Ord. No. 3-1995, 9/12/1995]
2.
All supporting material identified in § 22-301 and required for submission to the various governing agencies shall be complete and included with the preliminary plat.
3.
The applicant, at a regularly scheduled meeting of the Commission
and as part of a formal submission, shall present and file eight copies
of the proposed layout prepared by a registered land surveyor or a
professional engineer who is also a registered land surveyor. In either
case the preparer shall be registered to practice in the State of
Pennsylvania.
4.
The applicant, at a regularly scheduled meeting of the Commission
and as part of a formal submission, shall file three copies of any
or all protective covenants assigned to the subdivision.
5.
Any preliminary plat that does not meet the minimum requirements
of this chapter and/or is not presented using sound engineering practices
for clarity and neatness shall not be accepted for review.
6.
A stormwater management plan shall be submitted for all regulated activities in accordance with Chapter 26, Stormwater Management, of the Code of Ordinances of the Township.
[Amended by Ord. No. 4-2019, 10/8/2019]
7.
A water supply determination shall be submitted for all subdivisions
having 15 dwelling units or more and for all land development plans
and should be prepared by a registered professional engineer.
8.
Subdivisions involving 20 acres or less shall be submitted on sheets
18 inches by 24 inches. Subdivisions larger than 20 acres shall be
submitted on sheets 24 inches by 36 inches. Larger sheets will not
be accepted for review.
9.
Plat submissions shall be clean, orderly and legible. All notes,
text and lettering shall be according to those drafting techniques
and systems currently in use by the engineering and surveying professions.
Title blocks, signature blocks and general notes shall be lettered
using either mechanical or electrical assisted devices. Typewritten
material must be 10 picas or larger. Hand lettering must compare to
the Ames Lettering Guide Number 3 or larger. Stick-on notes and details
must be legible, free of excessive shadows and meet the lettering
requirements of this subsection.
10.
The preliminary plat, at a minimum, shall include those requirements
suggested for the sketch plan submission.
11.
The preliminary plat title and signature blocks shall be expanded
to include:
A.
The term "preliminary plat" clearly labeled.
B.
The municipality name and county.
C.
The proposed name of the subdivision or land development.
D.
Notarized signatures of the registered owner and any equitable owner
on each plat.
E.
Preparing surveyor and engineer signature block with an original
signature and seal on each plat.
F.
Township Engineer signature block.
G.
Planning Commission signature block.
H.
Board of Supervisors signature block.
I.
Dauphin County Planning Commission signature block.
J.
Dauphin County Recorder entry block.
K.
Notary public signature block with an original signature and seal
on each plat.
L.
The date of submission including dates of any revision requested
by the reviewing agencies.
12.
The preliminary plat plan sheet shall also include:
A.
A location map having a minimum scale of one inch equals 2,000 feet,
oriented to the north, and showing the subdivision, adjacent streets
and other pertinent information.
B.
Property map showing the entire lot, tract or parcel to be affected
by the subdivision or land development drawn to a scale no larger
than one inch equals 100 feet.
C.
Locations of all installed property monuments, existing corners and
references with a notation indicating positive location in the field.
D.
Identification of the primary control point.
E.
Distance from the primary control point to the nearest street crossing.
F.
The existing property deed reference.
G.
Adjacent property owners and deed references.
H.
Adjacent subdivisions and deed references.
I.
Existing fire hydrants.
J.
Existing utility poles and lines.
K.
Existing road cartways.
L.
Existing road profile at any proposed entrance.
M.
Proposed lots with identifying numbers.
N.
Metes and bounds for all proposed lots.
O.
Acreage for the entire subdivision.
P.
Acreage for all proposed lots.
Q.
Right-of-way for all proposed streets.
R.
Cartway for all proposed streets.
S.
Shoulders/curbing for all proposed streets.
T.
Sight distance data for all intersections.
U.
Paving details.
V.
Horizontal curve data.
W.
Vertical curve data.
X.
Acceptable soils analysis data for each on-lot sewage disposal system.
Y.
Location of all proposed utility mains, sanitary sewers, stormwater
sewers and water distribution system.
Z.
Proposed roadway, utility and drainage easements.
[Ord. No. 74-1977, § 3.01, 7/12/1977; Ord. No. 8-1999, § 3, 7/27/1999]
1.
Subdivisions meeting the criteria of § 22-301, Subsection 1B, for a lot add-on plan may prepare a final plat for submission and review which lot add-on final plat shall comply with the following requirements:
A.
The lot add-on plan shall be prepared by a registered surveyor.
C.
Lot add-on plan specifications: The following information shall be
provided on the sheets to be recorded:
(1)
The term "lot add-on final plat" and the project name.
(2)
The name of the municipality in which the project is located.
(3)
The name, address and telephone number for the record owner
and any equitable owner of the tract.
(4)
The name and address of all adjacent landowners.
(5)
The name, address and telephone number of the firm that prepared
the plan and the file or project number assigned to the plan by that
firm.
(6)
Graphics scale, written scale, plan date and the dates of all
plan revisions.
(7)
A location map, at a scale not less than one inch equal to 2,000
feet with sufficient information to locate the specific property involved.
All existing roads in the vicinity of the site shall be identified.
(8)
The total number of lots, total acreage, density of development,
present zoning classification and minimum lot area requirements.
(9)
The location, size and dimensions of existing rights-of-way,
easements and utilities on or adjacent to both the conveying and receiving
tracts.
(10)
The plan book record numbers of all previously recorded plans
for projects adjacent to either the conveying or receiving tract.
(11)
The source of title to the tract being subdivided.
(12)
Property map showing entire lot, tract or parcel to be affected
by the subdivision draft to a scale no larger than one inch equals
100 feet.
(13)
Locations of all installed property monuments, existing corners
and lot line markers, including a note indicating when proposed monuments
and markers will be set.
(14)
Lot numbers.
(15)
A statement setting forth any modification of requirements granted
by the Board of Supervisors.
(16)
A statement indicating that a Non-Building Waiver Form B has
been approved by the Pennsylvania Department of Environmental Protection.
[Ord. No. 74-1977, 7/12/1977; Ord. No. 85-1978, 7/11/1978; Ord. No. 103-1980, 1/22/1980; Ord. No. 112-1980, 12/23/1980; Ord. No. 115-1981, 4/14/1981; Ord. No. 118-1981, 9/22/1981; Ord. No. 133-1986, 10/23/1986; Ord. No. 3-1987, 6/8/1987; Ord. No. 4-1990, 6/26/1990; Ord. No. 3-1995, 9/12/1995; Ord. No. 1-2010, §§ 1,
2, 10/12/2010]
1.
Subdivisions meeting the criteria of § 22-301, Subsection 1A, with written authority from the Board of Supervisors, may eliminate the sketch plan and preliminary plan and prepare the final plat for submission and review. Subdivisions meeting the requirements of § 22-303 may prepare a final plat for submission and review.
2.
The applicant shall, not later than five years after the date of
approval of the preliminary plat, (but in no event prior to approval
of the preliminary plat by the supervisors) for that portion he intends
to develop, file with the supervisors a final plat. Such filing shall
include as part of the formal submission all the material and other
data required as listed in this chapter. Failure to comply with the
time limitations as herein provided shall make the approval of the
preliminary plat null and void unless an extension of time is requested
by the applicant and for good cause granted by supervisors.
3.
The final plan shall incorporate all the changes and modifications
required by the supervisors; otherwise, it shall conform to the approved
preliminary plat and it may constitute only that portion of the approved
preliminary plat which the applicant proposes to record and develop
at the time; provided, that such position conforms with all of the
requirements of this chapter.
4.
Prints, reproducible Mylar and electronic data requirements.
A.
Eight prints and a reproducible Mylar of the final plat shall be
filed by the applicant at a regularly scheduled meeting of the Planning
Commission at which consideration is desired. Any submission of the
final plat to the Township at any time other than a regularly scheduled
meeting of the Commission shall not be considered an official submission
except that the Commission shall, at its first meeting immediately
following any submission which is not made in accordance with this
section, accept said submission as having been officially made at
said meeting.
B.
In addition to the prints and reproducible Mylar, a certified copy
of the associated electronic data file (disk) shall be filed with
the Township in order to expedite entering the land development into
the Township's records. The disk shall be in a compatible format to
the current version of AutoCAD.
The electronic data file (disk) shall contain all cross reference
items listed in the Table of Layers shown below, which table may be
revised from time to time by the Township Engineer.
|
Table of Layers
| |
|---|---|
|
Item
|
Layer
|
|
Boundary
| |
|
Property Line
| |
|
Road Center Line
| |
|
Road R.O.W.
| |
|
Road Edge
| |
|
Curb
| |
|
Sanitary Sewer Mainlines
| |
|
Sanitary Sewer Manholes
| |
|
Sanitary Sewer Laterals
| |
|
Sanitary Sewer Force Mains
| |
|
Sanitary Sewer Pumping Stations
| |
|
Sanitary Sewer Grinder Pumps
| |
|
Sidewalks
| |
|
Signs
| |
|
Contours
| |
|
Wetlands
| |
|
Fencing
| |
|
Paving (Parking Lots/Driveways)
| |
|
Storm Sewer Mainlines
| |
|
Storm Sewer Manholes
| |
|
Storm Sewer Inlets/Catch Basins
| |
|
Stormwater Drainage Swales
| |
|
Stormwater Detention Basins
| |
|
Outlet Structures
| |
|
Headwalls and Endwalls
| |
|
Water Mains
| |
|
Hydrants
| |
|
Valves
| |
|
Electric, Gas, Communication Utilities
| |
|
Easements
| |
|
The electronic data file must meet the following requirements:
|
(1)
Electronic data shall be in a format compatible with the current
version of AutoCAD.
(2)
All text shall appear only on a separate "TEXT" layer and shall
not be attached to the "ITEM" layers.
(3)
A drawing layer name shall be provided for all cross-reference
items (see Table above).
(4)
Horizontal (x and y coordinates) and vertical (z coordinates)
data must be provided for all items, as appropriate. Invert elevations
of structures and utilities must also be provided. All layers must
be separate and distinct.
5.
Before acting on any subdivision plat, the supervisors may hold a
public hearing thereon pursuant to notice.
6.
The supervisors shall act on the final subdivision or land development
plan within 90 days of the date of acceptance and as described in
this article.
7.
No change, erasure, modification or revision shall be made on any
final plat of a subdivision or land development plan after approval
has been given by the supervisors and endorsed in writing on the plat,
unless the plat is first resubmitted to the supervisors.
8.
Whenever plat approval by the supervisors is required, the Recorder
of Deeds of the county shall not accept any plat for recording unless
such plat officially notes the review of the County Planning Commission.
9.
Within 90 days after the date of approval of a final plat by the
supervisors, a Township official shall record an approved duplicate
copy thereof in the office of the recorder or deeds of Dauphin County.
10.
Completion of improvements or guarantee thereof prerequisite to final
plat approval.
A.
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.
B.
When requested by the developer, in order to facilitate financing,
the Board of Supervisors, shall furnish the developer with a signed
copy of a resolution indicating approval of the final plat contingent
upon the developer obtaining 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 Board of Supervisors; such extension
shall not be unreasonably withheld and shall be placed in writing
at the request of the developer.
C.
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.
D.
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.
E.
Such bond, or other security shall provide for, and secure to the
public, the completion of any improvements which may be required on
or before the date fixed in the formal action of approval or accompanying
agreement for completion of the improvements.
F.
The amount of financial security to be posted for the completion
of the required improvements shall be equal to 110% of the cost of
completion estimated as of 90 days following the date scheduled for
completion by the developer. Annually, the Township may adjust the
amount of the financial security by comparing the actual cost of the
improvements which have been completed and the estimated cost for
the completion of the remaining improvements as of the expiration
of the ninetieth-day after either the original date scheduled for
completion or 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.
G.
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.
H.
If the party posting the financial security requires more than one
year from the date of posting of the financial security to complete
the required improvements, the amount of financial security may be
increased by an additional 10% for each one-year period beyond the
first anniversary date 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.
I.
In the case where development is projected over a period of years
the 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.
J.
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, 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 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, to the 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
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 the improvements completed or, if
the Board of Supervisors fails to act within said forty-five-day period,
the Board of Supervisors shall be deemed to have approved the release
of funds as requested. The 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.
K.
Where the Board of Supervisors accepts dedication of all or some
of the required improvements following completion, the 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.
L.
If water mains or sanitary sewer lines, or both, along with apparatus
or facilities related thereto, are to be installed under the jurisdiction
and pursuant to the rules and regulations of a public utility or municipal
authority separate and distinct from the 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.
M.
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final approval of
a plat as set forth in this section, the Township shall not condition
the issuance of building, grading or other permits relating to the
erection or placement of improvements, including buildings, upon the
lots or land as depicted upon the final plat upon 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.
11.
Release from improvement bond.
A.
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Board of Supervisors,
in writing, by certified or registered mail, of the completion of
the aforesaid improvements and shall send a copy thereof to the Township
Engineer. The Board of Supervisors shall, within 10 days after receipt
of such notice, direct and authorize the Township Engineer to inspect
all of the aforesaid improvements. The Township Engineer shall, thereupon,
file a report in writing, with the Board of Supervisors, and shall
promptly mail a copy of the same to the developer 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; said report shall be detailed and shall
indicate approval or rejection of said improvements, either in whole
or in part, and if said improvements, or any portion thereof, shall
not be approved or shall be rejected by the Township Engineer, said
report shall contain a statement of reasons for such nonapproval or
rejection.
B.
The Board of Supervisors shall notify the developer, within 15 days
of receipt of the engineer's report, in writing by certified or registered
mail of the action of said Board of Supervisors with relation thereto.
C.
If the Board of Supervisors or the Township Engineer fails to comply
with the time limitation provisions contained herein, all improvements
will be deemed to have been approved and the developer shall be released
from all liability, pursuant to its performance guaranty bond or other
security agreement.
D.
If any portion of the said improvements shall not be approved or
shall be rejected by the Board of Supervisors, the developer shall
proceed to complete the same and, upon completion, the same procedure
of notification, as outlined herein, shall be followed.
E.
Nothing herein, however, shall be construed in limitation of the
developer's right to contest or question by legal proceedings or otherwise,
any determination of the Board of Supervisors or the Township Engineer.
F.
Where herein reference is made to the Township Engineer, he shall
be as a consultant thereto.
G.
The applicant or developer shall reimburse the Township for the reasonable
and necessary expense incurred for the inspection of improvements
according to a schedule of fees adopted by resolution of the Board
of Supervisors as may be from time to time amended. Such expense shall
be reasonable and in accordance with the ordinary and customary fees
charged by the Township Engineer or consultant for work performed
for similar services 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.
(1)
In the event the applicant disputes the amount of any such expense
in connection with the inspection of improvements the applicant shall,
within 30 days of the date of billing, notify the Township that such
expenses are disputed as unreasonable or unnecessary, in which case
the Township shall not delay or disapprove a subdivision or land development
application or any approval or permit related to development due to
the applicant's request over disputed engineer expenses.
(2)
If, within 45 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 the Township shall jointly,
by mutual agreement, appoint another professional engineer licensed
as such in the Commonwealth of Pennsylvania to review the said expenses
and make a determination as to the amount thereof which is reasonable
and necessary.
(3)
The professional engineer 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.
(4)
In the event that the Township and applicant cannot agree upon
the professional engineer to be appointed within 20 days of the request
for an appointment of an arbitrator, 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, who, in that case, shall be neither the
Township Engineer nor any professional engineer who has been retained
by, or performed services for, the Township or the applicant within
the preceding five years.
(5)
The fee of the appointed professional engineer 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, but otherwise the Township
and the applicant shall each pay one-half of the fee of the appointed
professional engineer.
12.
Remedies to effect completion of improvements. In the event that
any improvements which may be required have not been installed as
provided in this chapter or in accord with the approved final plat
the Board of Supervisors is hereby granted the power to enforce any
corporate bond, or other security by appropriate legal and equitable
remedies. If the proceeds of such bond, or other security are insufficient
to pay the cost of installing or making repairs or corrections to
all the improvements covered by said security, the Board of Supervisors
may, at its option, install part of such improvements in all or part
of the subdivision or land development and may institute appropriate
legal or equitable action to recover the moneys necessary to complete
the remainder of 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 the improvements covered by such security, and not for any other
Township purpose.
13.
Final plat supporting documents. The final plat shall be accompanied
by the following data and plans as prescribed by the Commission or
as required by the laws of the commonwealth:
A.
Profiles of all proposed streets and alleys showing grades, vertical
curve data and subsurface utilities.
B.
Typical cross-sections of all proposed streets, showing the right-of-way
width, yardway width, location and width of sidewalks, if required,
and the location and size of all utility mains.
C.
Plans and profiles of all proposed sanitary sewers and stormwater
sewers, with the type of pipe, grade and pipe size indicated.
D.
Plans of any proposed water distribution system indicating the type
of pipe and pipe sizes with valves and fire hydrant locations indicated.
E.
A report identifying the stormwater management plan and describing
how the subdivision or development affects the watersheds of the Township
in accordance with this chapter.
F.
A report identifying the groundwater management plan and describing
how the subdivision or development affects the targeted aquifers of
the Township and in accordance with this chapter.
G.
A final erosion and sedimentation control plan, together with the
report, indicating that the plan has been prepared in accordance with
Title 25, Chapter 102, "Erosion Control" of the Pennsylvania Code
and that the plan has been reviewed and approved by the Dauphin County
Conservation District and showing site specific locations and types
of erosion and sediment controls.
H.
A copy of an application for a permit for earth moving activity or
a permit issued and signed by the Department of Environmental Resources
if the Department directs that such permit is necessary.
I.
A copy of the Department of Environmental Resources sewage facilities planning module completed and approved by the Department in accordance with Title 25, Chapter 21, "Sewage Facilities Planning Program" of the Pennsylvania Code. Where the Department finds that an applicant meets the requirements of 35 P.S. 750.7(b)(5), as amended, the supervisors may approve a final subdivision plan without the Department's approval of the sewage facilities planning module.
J.
An agreement to construct improvements within the subdivision using
the format provided in Appendix A of this chapter.
K.
A letter of credit meeting the requirements of Subsection 10 and using the format, provided in Appendix A of this chapter.
L.
A copy
of the report of the Township Public Safety Advisory Board and applicant
response.
[Added by Ord. No. 2-2021, 4/13/2021]
M.
Such other certificates, affidavits, enforcements or dedications
as may be required by the supervisors in the enforcement of these
regulations.
14.
Final plat general notes. The final plat shall include the following
statements or covenants on the plans as prescribed by the Commission
or as required by the laws of the commonwealth and as outlined in
Appendix A of this chapter.
A.
In the case of subdivision plans proposed for the sale of lots only,
the subdivider shall include a covenant on the final plat running
with the land assuring the implementation by the lot owners of the
approved erosion and sedimentation control plan.
B.
A statement setting forth the manner in which the plan is in compliance
with or has been exempted from specifically listed provisions of this
article.
C.
A statement that the number of lots created by this subdivision,
when added to previously approved lots, represent no more than 10
lots created by subdivision since May 15, 1972.
D.
A statement that all protective covenants assigned by the developer
to this subdivision are on file with the Township.
E.
A statement that no building permit or sewage permit will be issued
until the sewage facilities planning module has been approved by the
Department of Environmental Resources.
F.
A statement that a Department of Transportation highway occupancy
permit is required of all driveways, sewer connections, water connections
or similar disturbances affecting designated state highways and that
such permit shall be approved and obtained prior to access onto any
state highway. Each final plat shall be marked to indicate that access
to the state highway shall be only as authorized by a highway occupancy
permit.
15.
Final-plat specifications.
A.
The final plat, at a minimum, shall include those requirements listed
for the sketch plan and preliminary plat submissions.
B.
The final plat title and signature blocks shall be expanded to include:
(1)
The term final plat or "preliminary/final" clearly labeled.
(2)
Notarized signatures of the registered owner and any equitable
owner on each plat.
(3)
Preparing surveyor and engineer signature block with an original
signature and seal on each plat.
(4)
Township Engineer signature block.
(5)
Planning Commission signature block.
(6)
Board of Supervisors signature block.
(7)
Dauphin County Planning Commission signature block.
(8)
Dauphin County Recorder entry block.
(9)
Notary public signature block with an, original signature and
seal on each plat.
(10)
The date of submission including dates of any revision requested
by the reviewing agencies.
C.
The final plat plan sheet shall include:
(1)
The approved text of all protective covenants required by either
the subdivider or state or municipal authorities.
(2)
A statement of property ownership and dedication of improvements
to the Township signed by the owner or the equitable owner, as applicable.
(3)
The original property deed book and page reference.
(4)
The building setback lines for all lots within the subdivision
or development.
(5)
Location of all existing utility and roadway easements.
(6)
Location of all proposed fire hydrants.
(7)
Location of all proposed wells.
(8)
Location of all percolation and probe sites, both primary and
secondary sites.
(9)
The proposed grading plan using two feet contours for all subdivisions
having more than 10 lots or having new streets off-street parking,
commercial buildings or other similar improvements.
(10)
Construction drawings, plans and profiles and design calculations
for all proposed roadways and parking areas, including center line
traverses, bearings and distances with all horizontal and vertical
alignment calculations generally associated with such work.
(11)
Construction details for roadway paving, curbing, gutters, shoulders
and sidewalks.
(12)
Construction drawings, plans and profiles and design calculations
for all proposed sanitary sewer and storm sewer lines.
(13)
Construction details for sanitary sewer, water lines and storm
sewer pipe installation and trench backfilling.
(14)
Construction details for inlets, manholes, endwalls, pavement
underdrains, spring boxes, valves and cleanout installations.
(15)
A legend of all symbols and lines used to identify the subdivision
with a complete explanation of the meaning of each symbol and line.
16.
Record drawings — Developer submission.
A.
Record drawings. Before the work related to construction and installation
of the required improvements will be accepted by the Township or its
representative, the developer must submit two sets of prints and one
set of Diazo Mylar reproducibles of all working drawings modified
as necessary to show the facilities as constructed. Additionally,
the developer shall submit a certified copy of the associated electronic
data file (disk). The disk shall be in a format compatible with the
current version of AutoCAD.
The submission shall include a certificate from the developer's
engineer with the record reproducibles attesting to the correctness
of all information shown on the drawings. The Township and the Township
authority intend to use prints of the reproducibles to provide information
to designers and contractors as required by the Commonwealth of Pennsylvania,
Act 287, as amended.
The record drawings must be approved by the Township authority
before the Township authority will release the sanitary sewer improvements
to the Township to perform the line acceptance tests.
The certified correct copy of the record drawings in electronic
data file format (disk) compatible with the current version of AutoCAD
(no add-on packages) required to be submitted by the developer shall
be accompanied with a layering cross-reference for, at a minimum,
the following items:
|
Item
|
Layer
|
|---|---|
|
Boundary
| |
|
Property Line
| |
|
Road Center Line
| |
|
Road R.O.W.
| |
|
Road Edge
| |
|
Curb
| |
|
Sanitary Sewer Mainlines
| |
|
Sanitary Sewer Manholes
| |
|
Sanitary Sewer Laterals
| |
|
Sanitary Sewer Force Mains
| |
|
Sanitary Sewer Pumping Stations
| |
|
Sanitary Sewer Grinder Pumps
| |
|
Sidewalks
| |
|
Signs
| |
|
Contours
| |
|
Wetlands
| |
|
Fencing
| |
|
Paving (Parking Lots/Driveways)
| |
|
Storm Sewer Mainlines
| |
|
Storm Sewer Manholes
| |
|
Storm Sewer Inlets/Catch Basins
| |
|
Stormwater Drainage Swales
| |
|
Stormwater Detention Basins
| |
|
Outlet Structures
| |
|
Headwalls and Endwalls
| |
|
Water Mains
| |
|
Hydrants
| |
|
Valves
| |
|
Electric, Gas, Communication Utilities
| |
|
Easements
|
|
Text shall not be attached to the identified layers. Horizontal
(x and y coordinates) and vertical (z coordinates) data must be provided
for all items as appropriate. Invert elevations of structures and
utilities must also be provided. All layers must be separate and distinct.
|
17.
Developer's agreement.
[Added by Ord. No. 4-2022, 9/27/2022]
A.
Any
and all applicants shall declare the intent to provide an improvement
guarantee by executing a developer's agreement, which shall be executed
and recorded prior to the recordation of the final plan.
B.
Any
and all developer agreements shall be modeled after the Dauphin County
Planning Sample Developer's Agreement for the Completion of Improvements;
however, nothing in this provision shall limit either the developer
or the Township from excluding or including additional terms as the
parties agree.
