The plat requirements and application procedures shall be followed
by developers as set forth herein and shall be submitted to the Planning
Commission for review prior to consideration by the Board of Supervisors.
A.
Prior to the filing of a formal application for preliminary approval
of a subdivision or land development application, the subdivider may
appear before the Planning Commission for a preapplication meeting
to discuss the applicable regulations governing the subdivision and/or
development of the property and the feasibility and timing of the
application. The applicant shall contact the Township Secretary or
his/her authorized designee at least five calendar days prior to the
regular meeting of the Planning Commission to request a preapplication
meeting with the Planning Commission. The preapplication meeting is
voluntary and no formal application or fee is required. This opportunity
is afforded to the developer to obtain information and guidance before
entering into binding commitments or incurring substantial expenses
for plan preparation.
B.
Suggested information sources. While no formal application is required
for a preapplication meeting, it is suggested that the applicant provide
one copy of readily available information with the request for a preapplication
meeting that shows the location of the property and any special features
such as streams, floodplains or other conditions that may affect the
development of the property. Readily available resources that may
be used include the deed for the property, a property survey, the
Tax Maps prepared by the Butler County Assessor's Office, USGS Quadrangle
Map showing natural features and topography, the National Flood Insurance
Administration (NFIA) Flood Hazard Boundary Maps, Natural Resources
Conservation Service Maps of soil types, the U.S. Bureau of Mines
Coal Mine Maps and the Butler County Planning Commission Geographic
Information System (GIS) mapping.
C.
Effect of preapplication meeting. A preapplication meeting shall
not constitute formal filing of any application for preliminary approval
of a subdivision or land development, shall not bind the Planning
Commission to approve any concept presented in the preapplication
meeting and shall not protect the application from any subsequent
changes in ordinance provisions which may affect the proposed development
between the preapplication meeting and the date of filing of an application
for preliminary approval of a subdivision or land development under
the terms of this chapter.
A.
Application content. Applications for preliminary and final approval
of a minor subdivision or minor land development, as defined by this
chapter, shall be filed with the Township Secretary at least 15 working
days prior to the regular meeting of the Planning Commission. The
application shall include the following information:
(1)
A minimum of 10 copies of the completed application form supplied
by the Township.
(3)
Evidence of proprietary interest acceptable to the Township
Solicitor.
(4)
A location map showing the plan name and location; major existing
thoroughfares related to the site, including the distance therefrom;
title, scale and North point.
(5)
A minimum of 10 copies of a final plat, in accurate and final
form for recording, prepared at a scale no greater than 100 feet to
the inch, that clearly delineates the following:
(a)
The name of the subdivision or land development;
(b)
The name and address of the developer, and, if the developer
is not the landowner, the name and address of the landowner;
(c)
The name, address, certification and seal of the registered
land surveyor who prepared the plat;
(d)
The North point, graphic scale and date;
(e)
The legend and notes;
(f)
Accurate boundary lines, with dimensions and bearings;
(g)
Accurate locations of all existing and recorded streets intersecting
the boundaries of the tract of land described in the final plat;
(h)
Lot numbers and dimensions;
(i)
Final building lines;
(j)
Street names;
(k)
Complete curve data for all curves included in the final plat,
including radius, arc length, chord bearing and chord distance. Lines
which join these curves that are nonradial or nontangential should
be so noted;
(l)
Street lines with accurate dimensions in feet and hundredths
of feet;
(m)
If applicable, a notation on the plat that access to a state
highway shall only be authorized by a highway occupancy permit issued
by the Pennsylvania Department of Transportation under Section 420
of the State Highway Law (P.L. 1242, No. 428 of June 1, 1945);[1]
[1]
Editor's Note: See 36 P.S. § 670-420.
(n)
In a subdivision, the location, type and size of all monuments and lot markers in accordance with the standards and requirements of § 295-612 of this chapter and an indication of whether they were found or set;
(o)
Certification clauses required by the Butler County Subdivision
and Land Development Regulations.
(p)
For a land development, the following additional information:
[1]
The zoning classification of the site.
[2]
The proposed use, location, area, height and bulk of all existing
and proposed structures and dimensions of all yards.
[3]
The design and layout of parking areas and a computation of
the number of parking spaces to be provided.
[4]
Patterns of pedestrian and vehicular circulation on the site,
ingress, egress and circulation into and out of the site, including
pavement markings and/or directional signs.
[5]
Location, size and specifications for private improvements such
as curbs, sidewalks, driveways, parking areas, landscaping strips
or planters, wheel stops, stormwater management facilities and the
like.
[6]
Location and specifications for lighting of parking areas and
walkways.
[7]
A chart or table summarizing applicable zoning requirements
and indicating whether the proposed development meets or exceeds each
of those requirements.
B.
Referral of application for review.
(1)
Upon receipt, the application shall be stamped with the date
of receipt by the Township Secretary or his/her authorized designee.
Upon receipt, copies of the application shall be distributed to the
Township Engineer, Township Zoning Officer, each member of the Planning
Commission and the Chairman of the Board of Supervisors.
(2)
Within five days of receipt, the Township Secretary or his/her
authorized designee shall submit one copy of the application to the
Butler County Planning Commission for review and comment subject to
payment of the county review fee by the applicant.
C.
Procedure for combined preliminary and final approval of a minor subdivision or minor land development. Preliminary and final approval may be granted simultaneously for a minor subdivision or minor land development, provided the application is determined to be complete in accordance with the requirements of § 295-302A and the applicable procedures specified in § 295-303E and G are met. All references in § 295-303E and G to preliminary approval shall be interpreted to mean combined preliminary and final approval for a minor subdivision or minor land development.
A.
Preliminary plat application. The subdivider shall prepare and submit
to the Township Secretary at least 15 working days prior to the regular
monthly meeting of the Planning Commission, five copies of the preliminary
plat for a major subdivision or major land development. The development
plan shall include the total land to be developed. The Planning Commission
shall review the application according to the requirements and standards
contained herein. An informal review of the materials submitted shall
be conducted by a designated staff person or member of the Planning
Commission. If deficiencies are noted, the applicant shall be notified
and may resubmit at least five working days prior to the regularly
scheduled meeting date. Upon receipt of a complete application, the
Planning Commission shall forward a copy to the Butler County Planning
Commission for review and recommendation, subject to payment of the
required review fee by the applicant. County review comments shall
be submitted back to Brady Township within 30 days of submittal.
B.
Application fee. At the time of the filing of a complete application for preliminary approval of a major subdivision or major land development, the subdivider shall pay to the Board of Supervisors for use by the Township, a fee set by resolution to defray the cost of processing of such plat approval applications and for payment to consultants hired by Brady Township to conduct reviews of said applications, as provided for in § 295-900.
C.
The preliminary plat shall be drawn at a scale no greater than 100
feet to the inch and shall show or be accompanied by the following
information. All information required shall be supplied to the extent
and in the manner required by the construction details attached as
exhibits to this chapter:
(1)
Names and addresses of the owner or owners of the property.
(2)
Name of the subdivision or land development to be recorded.
(3)
North point, scale and date.
(4)
Name of professional engineer or the professional land surveyor
who surveyed the property and prepared the plat.
(5)
Tract boundaries with bearings, distance, total area in acres,
and area in square feet of each proposed lot.
(6)
Contours at vertical intervals of two feet, or in the case of
relatively level tracts, at such lesser interval as may be necessary
for satisfactory study and planning of the tract.
(7)
Datum to which contour elevations refer. Where reasonably practicable,
data shall refer to known, established elevations.
(8)
Show all existing watercourses, wetlands, banks, tree masses,
and other significant natural features.
(9)
Identify any floodplain, flood hazard area, flood-prone area
as established by the Federal Emergency Management Agency.
(10)
Show location and size of all existing buildings, location,
size and invert elevation of all sanitary and stormwater sewers, and
location of all manholes, inlets, culverts and bridges; water mains,
gas mains, fire hydrants, telephone conduit lines, electric power
transmission line, petroleum or petroleum products lines, and other
significant man-made features.
(11)
All existing streets located on or adjacent to the tract, including
name, right-of-way widths and cartway width and type of improvement
materials used on the cartway.
(12)
All existing property lines, easements and rights-of-way and
the purpose for which the easements or rights-of-way have been established.
(13)
Location and width of all proposed streets, alleys, rights-of-way
and easements, proposed lot lines with approximate dimensions, proposed
minimum setback on public buildings, public areas and parcels of land
proposed to be dedicated or reserved for public use.
(14)
The preliminary plat shall show the names of owners of all abutting
unplotted land and the names of all abutting subdivisions.
(15)
Where the preliminary plat covers only a part of the subdivider's
entire holding, a sketch shall be submitted of the prospective street
and lot layout of the remainder of the land.
(16)
A plan of the proposed public water distribution system for
review and approval by the appropriate authority or a plan showing
the location of individual wells in accordance with the requirements
of the Pennsylvania Sewage Facilities Act (Act 537), as amended.[1]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
(17)
A plan of the proposed sanitary sewer collection system or treatment
facilities when proposed will be required for review and approval
of the appropriate authority.
(18)
Where on-lot sewage disposal systems are proposed, the subdivider
or owner shall submit a completed Department of Environmental Protection
Sewage Facilities Planning Module in accordance with the requirements
of the Pennsylvania Sewage Facilities Act (Act 537), as amended.[2]
[2]
Editor's Note: See 35 P.S. § 750.1 et seq.
(19)
Preliminary plat shall identify the zoning district in which
the property is located and show the zoning boundaries, if any, that
traverse or are within 300 feet of the area covered by the plan.
(20)
Preliminary plat shall show such street extensions or spurs
as are reasonably necessary to provide adequate street connections
and facilities to adjoining or contiguous developed or undeveloped
areas.
(21)
Subsurface condition (whether undermined, etc.) of the tract
to be subdivided or proposed to be developed.
(22)
Profiles showing existing ground and proposed street center-line
grades.
(23)
Typical cross section of roadways showing cartways, water, sanitary
and stormwater sewers, gas, electric and telephone utilities, and
sidewalks.
(24)
The subdivider shall provide such additional information as
may be required by the Planning Commission, Board of Supervisors,
Township Engineer, Zoning Officer, or Sewage Enforcement Officer in
order to more fully evaluate the proposed subdivision and its effect
on adjacent property or the Township as a whole.
(25)
A utility plan showing the location and size of the proposed
gas, electric, telephone and cable television systems with written
approval from the appropriate utility company.
(27)
A plan, calculations and narrative for the collection, management
and discharge of all stormwater in compliance with current Township
standards and regulatory language. The subdivider shall further provide
all information and plans necessary to indicate that the existing
off-lot watercourse and drainage system is adequate to accommodate
the stormwater resulting from the proposed subdivision or a plan for
improving the off-lot drainage system to meet the demand. Plans and
reports shall be prepared in accordance with Township policy, guidelines
and the Pennsylvania Storm Water Management Act.[3]
[3]
Editor's Note: See 32 P.S. § 680.1 et seq.
(28)
The preliminary plan shall identify location of all proposed
recreational facilities.
D.
Supplementary data required. The preliminary plan shall be accompanied
by the following supplementary data:
(1)
A plan revision module for land development as required by the
Pennsylvania Department of Environmental Protection.
(2)
Plan for the control of erosion and sedimentation for review
by the County Conservation District Office, as required by the Pennsylvania
Clean Stream Act,[4] or Chapter 102, Erosion Control, of the Rules and Regulation
of the Pennsylvania Department of Environmental Protection.
[4]
Editor's Note: See 35 P.S. § 691.1 et seq.
(3)
Typical street cross-section drawings for all proposed streets.
(4)
Profile sheets of all proposed streets and improvements with
the following information:
(a)
Existing and finished profile along center line of proposed
street.
(b)
Finished grade at fifty-foot stations located along the center
line of the proposed street, all vertical curve elevations information,
length, including beginning-ending elevations, high and low points
located along said vertical curve.
(c)
Finished profile for all sanitary sewers, stormwater sewers,
and water lines with stations, identification numbers, invert and
top elevations, size and type of materials, and percent of slope of
each utility proposed.
(d)
The sight distance for all vertical curves shall be identified
on the street profiles.
(5)
A written report from the municipal water and sewer authority
on the availability of public water and sewer service to proposed
development.
(6)
If connection to a public water or sewage system is not proposed,
a report shall be submitted, prepared in accordance with the requirement
and procedures of the Pennsylvania Department of Environmental Protection
as to how these utilities are proposed to be furnished.
(7)
For a land development, the following additional information:
(a)
The proposed use, location, area, height and bulk of all existing
and proposed structures and dimensions of all yards.
(b)
The design and layout of parking areas and a computation of
the number of parking spaces to be provided.
(c)
Patterns of pedestrian and vehicular circulation on the site,
ingress, egress and circulation into and out of the site, including
pavement markings and/or directional signs.
(d)
Location, size and specifications for private improvements such
as curbs, sidewalks, driveways, parking areas, landscaping strips
or planters, wheel stops, stormwater management facilities and the
like.
(e)
Location and specifications for lighting of parking areas and
walkways.
(f)
A chart or table summarizing applicable zoning requirements
and indicating whether the proposed development meets or exceeds each
of those requirements.
E.
Planning Commission review and action. Preliminary approval of a
major subdivision or major land development.
(1)
The Planning Commission shall review the preliminary plats and
prepare a written report for the Board of Supervisors. The report
shall contain recommendations for approval, conditional approval or
disapproval with specific reasons for the recommended action. No report
or recommendation shall be prepared prior to receipt of the County
Planning Commission's recommendation or expiration of the thirty-day
time period granted for county reviews.
(2)
Prior to preparation of the written report, the Planning Commission
may schedule a special conference mutually convenient to the subdivider
and the Planning Commission for consideration of the preliminary plat.
If within 30 days of receipt of the preliminary plat a mutually convenient
date for such meeting cannot be established with the subdivider, consideration
of the preliminary plat shall be conducted at a regular meeting of
the Planning Commission.
(3)
The subdivider and all Planning Commission members shall be
given at feast five days' written notice of such meeting by the Planning
Commission Secretary. The notice shall contain the time, place, date
and agenda schedule, and indicate whether submitted applications are
considered complete.
(4)
At the Planning Commission meeting when considering the preliminary
plats, the subdivider shall be given an opportunity to discuss any
matters in the preliminary plat which might assist the Planning Commission
in making its recommendation to the Board of Supervisors.
(5)
Unless withdrawn by the subdivider at the meeting, the Planning
Commission shall within five days after the meeting, issue its written
report to the Board of Supervisors.
F.
Mediation option.
(1)
The Board of Supervisors may offer the mediation option as an aid in completing the proceedings authorized by this Article III. Mediation shall supplement, not replace, those procedures in this article once they have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting Township police powers or as modifying any principles of substantive law.
(2)
Participation in mediation shall be wholly voluntary. The appropriateness
of mediation shall be determined by the particulars of each case and
the willingness of the parties to negotiate. In offering the mediation
option, the Board of Supervisors shall assure that in each case, the
mediating parties, assisted by the mediator as appropriate, develop
terms and conditions for:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(a)
Funding mediation;
(b)
Selecting a mediator who, at a minimum, shall have a working
knowledge of municipal zoning and subdivision procedures and demonstrated
skills in mediation;
(c)
Completing mediation, including time limits for such completion;
(d)
Suspending time limits otherwise authorized in this chapter
or in the Pennsylvania Municipalities Planning Code (Act 247, as amended),[5] provided there is written consent by the mediating parties,
and by an applicant or the Board of Supervisors, if either is not
a party to the mediation;
[5]
Editor's Note: See 53 P.S. § 10101 et seq.
(e)
Identifying all parties and affording them the opportunity to
participate;
(f)
Subject to legal restraints, determining whether some or all
of the mediation sessions shall be open or closed to the public;
(g)
Assuring that mediated solutions are in writing and signed by
the parties and become subject to review and approval by the Board
of Supervisors pursuant to the procedures for approval set forth in
this article.
(3)
No offers or statements made in the mediation sessions, excluding
the final written mediated agreement, shall be admissible as evidence
in any subsequent judicial or administrative proceedings.
G.
Action of Board of Supervisors. The Board of Supervisors shall render
its decision on the preliminary plat not later than 90 days following
the date of the regular Planning Commission meeting next following
the date the application is filed, provided that should the said next
regular meeting occur more than 30 days following the date of filing,
the ninety-day period shall be measured from the 30th day following
the day the application was originally filed. The Board of Supervisors
shall not act until the review has been received from the Butler County
Planning Commission or until 30 days has passed since the date that
the application was submitted to the County for review. The Board
of Supervisors shall either: (1) approve; (2) approve with conditions;
or (3) disapprove the application for preliminary and final approval
at a public meeting. The recommendation of the Planning Commission
and the Planning Commission minutes shall be made a part of the record
at the meeting.
(1)
A letter indicating approval, approval with conditions or disapproval
shall be sent to the applicant by regular mail within 15 days of the
date of the Board of Supervisors' decision.
(2)
When the application is not approved in terms as filed, the
decision shall specify the defects found in the application and describe
the requirements which have not been met and shall, in each case,
cite the provisions of the statute or ordinance relied upon.
(3)
Failure of the Board of Supervisors to render a decision and communicate it to the applicant within the time and in the manner required herein after receipt of all information necessary to render such opinion as required under this § 295-303 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 of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.
(4)
Failure on the part of the subdivider to supply all data necessary for review and recommendation as required under this § 295-303 shall constitute an incomplete application, and as such, shall not delay or circumvent time constraints imposed elsewhere in this section.
(5)
If the Board of Supervisors determines that certain conditions are warranted to be attached to approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by § 295-303G(1) above.
(6)
If the applicant does not accept the conditions attached to
the approval, the applicant shall give written notice to the Township
Secretary or his/her authorized designee within 30 days of the date
of the meeting of the Board of Supervisors at which approval is granted.
If the applicant fails to give written notice to the Township Secretary
or his/her authorized designee regarding rejection of the conditions
attached to approval within the required 30 days, the conditions attached
to the approval shall be presumed to be acceptable.
H.
Nature of preliminary approval. Approval of a preliminary plat for
a major subdivision or major land development shall not constitute
approval of a final plat. Granting of preliminary approval for a major
subdivision or land development shall not qualify a plat for recording
and shall not authorize development or the issuing of any building
permit.
Upon approval of the preliminary plat or prior to commencement
of a land development, the developer shall submit an application for
approval of a final plat or land development plan. The application
shall be submitted to the Planning Commission Secretary 15 days prior
to a regular meeting of the Planning Commission and shall include
five copies of the final plat.
A.
Specification for final plan. For any subdivision requiring final
approval or for any land development, the plats and information submitted
must meet the following specifications:
(1)
Include an attestation by the applicant stating that the applicant
is the owner of the tract or land proposed to be subdivided or developed.
(2)
Drawn and submitted on Mylar or submitted on a linen duplication
reproducible tracing cloth.
(3)
Drawn and submitted with all information presented in the manner
and to the extent required in the "Brady Township Standard Construction
Details" attached as exhibits to this chapter.
(4)
Shall be on sheets not larger than 34 inches by 44 inches overall.
It is recommended that as far as practicable, final plat sheets be
held to the following overall sizes: 17 inches high by 22 inches wide;
22 inches high by 34 inches wide; 34 inches high by 44 inches wide.
There shall be a border of 1/2 inch on all sides, except the binding
end, which shall be 1 1/2 inches. Where necessary to avoid sheets
larger than the maximum size prescribed above, final plats shall be
drawn in two or more sections accompanied by a key diagram showing
relative location of the section.
(5)
Shall be drawn with waterproof ink and all records, data entries,
statements, etc., thereon shall also be made with the same type of
ink or reproducible typing; or if prepared in CAD format, a print
shall be signed and sealed by the preparer in waterproof ink.
(6)
Shall be drawn to a scale no greater than 100 feet to the inch;
more than one sheet may be used for larger tracts and must be indexed.
(7)
Shall contain a title block in the lower-right-hand corner with
the following information:
(a)
Name under which the subdivision plat or land development plan
is to be recorded.
(b)
North point, scale and date.
(c)
Name of the recorded owner and subdivider.
(d)
Municipality in which the subdivision is located.
(e)
Name, address and seal of the registered professional land surveyor
preparing the plat.
(f)
Certificate of ownership, including name of owner of record,
deed book volume, date of instrument and date of recording.
(8)
Beyond the boundary lines of the proposed subdivision, all final
plats submitted shall be drawn according to the following:
(9)
Within the subdivision boundary lines, all final plats shall
be drawn according to the following:
B.
Application fee. At the time of filing of the application for approval of final plats, the subdivider shall pay to the Board of Supervisors for use by the Township, a fee set by resolution as provided for in § 295-900 of this chapter to defray the cost of processing such plat approval applications, and drafting same on the Official Zoning Map of the Township, and for payment to consultants hired by Brady Township to conduct reviews of said applications.
C.
All final plats submitted shall show the following information:
(1)
Primary control points, or permanent monuments or description
and ties to such control points or monuments, to which all dimensions,
angles, bearings, and similar data shall be referred.
(2)
Accurate description shown by bearings and dimension in feet
and hundredths of a foot shall be shown on all tract boundary lines,
center line of streets, easements and right-of-way lines, property
lines of lots, tangent bearings, deflection angles, radii, arcs and
central angles of all curves and tangent distances between curves.
The error of closure for all descriptions subject to approval shall
not exceed one foot in 10,000 feet.
(3)
Name and right-of-way width of each street or right-of-way.
(4)
Location, dimensions and purpose of all easements in or across
the subdivision plat.
(5)
Number to identify each lot, site or parcel of land.
(6)
Purpose for which sites other than residential are to be dedicated.
(7)
Building setback line on all lots and sites.
(8)
Location and description of survey monuments.
(9)
Names of recorded owner of adjoining plotted or unplotted land.
(10)
Certification of professional land surveyor who prepared the
plat certifying to the accuracy of the survey and plat.
(11)
Attestation by the applicant stating that the applicant is owner
of the tract or land proposed to be subdivided.
(12)
Statement by the owner dedicating the streets, the right-of-way,
easements and any sites proposed for public use.
(13)
Such other certificates, bonds, affidavits, endorsements or
dedication as may be required in the enforcement of this chapter.
(14)
All plats which will require access to a highway under jurisdiction
of the Pennsylvania Department of Transportation shall contain a notice
that a Highway Occupancy Permit is required pursuant to Section 420
of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State
Highway Law,"[1] before driveway access to a state-owned right-of-way is
permitted.
[1]
Editor's Note: See 36 P.S. § 670-420.
(15)
For land developments, the following additional information
shall be required:
(a)
Final grading plan;
(b)
Final stormwater management plan;
(c)
Final landscaping plan;
(d)
Final lighting plan, including fixture type and location and
photometric plan;
(e)
First floor elevations, floor plans and building elevation drawings;
(f)
Design and layout of parking areas, paving, striping, drainage
and pavement markings;
(g)
Location, size and specifications for all private improvements;
(h)
Methods, placement and screening of solid waste disposal and
storage facilities; and
(i)
If the plan is to be phased, the proposed sequence of development
with a projected time schedule for completion of each phase.
D.
Planning Commission review and action. Final applications for major
subdivision and major land developments.
(1)
The Planning Commission shall review the final plats and prepare
a written report for the Board of Supervisors. The report shall contain
recommendations for approval, conditional approval or disapproval
with specific reasons for the recommended action.
(2)
Prior to finalization of the written report, the Planning Commission
may schedule a special meeting mutually convenient to the subdivider
and the Planning Commission for consideration of the final plat. If
within 30 days of receipt of the final plat, a mutually convenient
date for such meeting cannot be established with the subdivider, consideration
of the final plat shall be conducted at a regular meeting of the Planning
Commission.
(4)
The subdivider and all Planning Commission members shall be
given seven days' written notice of such meeting, the notice to contain
time, place, date and agenda schedule.
(5)
At the Planning Commission meeting when considering the finals
plats, the subdivider shall be given an opportunity to discuss any
mailer in the final plat which might assist the Planning Commission
in making its recommendation to the Board of Supervisors.
(6)
Unless withdrawn by the subdivider at the meeting, the Planning
Commission shall, within five days after the meeting, issue its written
report to the Board of Supervisors.
(7)
Before acting on any subdivision plat, the governing body or
the planning agency, as the case may be, may hold a public hearing
thereon after public notice.
E.
Action of the Board of Supervisors. The Board of Supervisors shall
render its decision on the final application not later than 90 days
following the date of the regular Planning Commission meeting next
following the date the application is filed, provided that should
the next regular meeting occur more than 30 days following the date
of filing, the ninety-day period shall be measured from the 30th day
following the day the application was originally filed. The Board
of Supervisors shall not act until the review has been received from
the Butler County Planning Commission or until 30 days has passed
since the date that the application was submitted to the County for
review. The Board of Supervisors shall either: (1) approve; (2) approve
with conditions; or (3) disapprove the application for preliminary
and final approval at a public meeting. The recommendation of the
Planning Commission and the Planning Commission minutes shall be made
a part of the record at the meeting.
(1)
A letter indicating approval, approval with conditions or disapproval
shall be sent to the applicant by regular mail within 15 days of the
date of the Board of Supervisors' decision.
(2)
When the application is not approved as filed, the decision
shall specify the defect found in the application and describe the
requirements which have not been met and shall, in each case, cite
to the provisions of the statute or ordinance relied upon.
(3)
Failure of the Board of Supervisors to render a decision and
communicate it to the applicant within the time and in the manner
required herein shall be deemed an approval of the 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
of communication of the decision, in which case, failure to meet the
extended communication shall have like effect.
(4)
If the Board of Supervisors determines that certain conditions are warranted to be attached to approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by § 295-304E(1) above.
(5)
If the applicant does not accept the conditions attached to
the approval, the applicant shall give written notice to the Township
Secretary or his/her authorized designee within 30 days of the date
of the meeting of the Board of Supervisors at which approval is granted.
If the applicant fails to give written notice to the Township Secretary
or his/her authorized designee regarding rejection of the conditions
attached to approval within the required 30 days, the conditions attached
to the approval shall be presumed to be acceptable.
F.
Resolution. 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 shall not be signed nor recorded until the developer's agreement required by § 295-306 is executed and the improvements bond required by § 295-307 is posted. If within 90 days, the developer's agreement is not executed and the improvements bond is not posted, then the resolution or letter of contingent approval shall expire, unless a written request for extension is granted by the Board of Supervisors.
The amendment, alteration or revision of a previously approved plat, or the combination or recombination of lots or portions of previously plotted lots, which meets or exceeds the standards of this chapter, shall be subject to the procedures and regulations set forth in § 295-302 for a minor subdivision.
A.
Before granting final approval to any subdivision or land development
plan that proposes the installation of public improvements or requires
conditions to be attached to the grant of approval, the Board of Supervisors
shall require the developer to execute a written agreement that certain
conditions be shall be met and/or that necessary grading, paving and
street improvements, sidewalks, streetlights, fire hydrants, water
mains and sanitary sewers, as may be required by the Township, shall
be secured by an improvements bond and shall be installed by the developer
in strict accordance with the design standards and specifications
of the Township, within a specified time period. Such agreement shall
be prepared by the Township Solicitor at the expense of the developer.
B.
Said agreement shall be executed, the required improvements guarantee
shall be posted and all required fees shall be paid before the Township
Secretary or his/her authorized designee shall affix his or her signature
and the Township Seal to the final plat for recording purposes.
A.
As a condition of final plat approval for recording, the subdivider
shall guarantee installation of public improvements by either of the
following:
(1)
Completion of improvements prior to final approval. Prior to
final plat approval, the subdivider shall complete, in a manner satisfactory
to the Board of Supervisors and the Township Engineer, all improvements
required in these regulations specified in the final subdivision plat,
and as approved by the Board of Supervisors and shall dedicate same
to the Township in accordance with these regulations. Final plat approval
shall not be granted until the dedication of said improvements has
been accepted by the Board of Supervisors.
(2)
Guarantee of future performance. In lieu of requiring the completion
of all improvements prior to final plat approval, the Township may,
at its discretion, enter into a contract with the subdivider whereby
the subdivider shall guarantee to complete all improvements required
by this chapter, or otherwise specified by the Board of Supervisors
in a manner satisfactory to the Board of Supervisors.
(3)
Type of security. To secure this contract, the subdivider shall
provide, subject to the approval of the Board of Supervisors, one
of the following guarantees:
(a)
Surety bond. The subdivider shall obtain a surety bond from
a surety bonding company authorized to do business in the State of
Pennsylvania. The bond shall be payable to the Township and shall
be in an amount sufficient to cover the entire cost, as estimated
by the Township Engineer, as herein provided, for the installation
of all improvements. The duration of the bond shall be until such
time as the improvements are accepted by the Township in accordance
with the requirements of this chapter.
(b)
Escrow account. The subdivider shall deposit cash or other instruments
readily convertible into cash at face value, either with the Township,
or in escrow with a bank. The form of any instruments other than cash,
and, in the case of an escrow account, the bank with which the funds
are to be deposited, shall be subject to the approval of the Township
Solicitor. The amount of the deposit shall be at least equal to the
cost, as estimated by the Township Engineer, of installing all required
improvements, plus 10%. In case of an escrow account, the subdivider
shall file with the Board of Supervisors an agreement between the
financial bank and himself guaranteeing the following:
[1]
That the funds of said escrow account shall be held in trust
until released by the Board of Supervisors and may not be used or
pledged by the subdivider as security in any other matter during the
period;
[2]
And that in the case of a failure on the part of the subdivider
to complete said improvements, the bank shall immediately make the
funds in said account available to the Township for use in the completion
of those improvements.
[3]
Irrevocable letter of credit. An irrevocable letter of credit
in an amount equal to the cost of all required improvements, as estimated
by the Township Engineer, plus 10%, shall be posted naming the Township
Board of Supervisors as beneficiaries. The financial institution which
provides the irrevocable letter of credit shall be first approved
by the Township Board of Supervisors. Failure on the part of the subdivider
to complete said improvements shall cause the funds posted as an irrevocable
letter of credit to be made available to the Township upon written
notice of a claim against said funds.
B.
The Board of Supervisors shall insure, through receipt of certificates
of compliance submitted and attested by the Township Engineer, that
required improvements have been installed according to the specifications
of the final plat, or alternately require the posting of adequate
surety to cover the cost for such improvements. The Board of Supervisors
shall specify one of the above alternatives for guaranteeing compliance
with the requirements of this section for the developer requesting
final approval of a plat. Decision of which alternative shall be required
is that of the Board of Supervisors and final approval of a plat shall
not be granted until the surety required is fully provided.
C.
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 subdivider's scheduled
date of completion. The amount estimated shall be prepared by a licensed
professional engineer for submittal to the Township by the applicant
or subdivider. The amount of the improvements bond required shall
be based upon an estimate of the cost of completion of the required
improvements, submitted by an applicant or developer and prepared
by an engineer and certified by such engineer to be a fair and reasonable
estimate of such cost.
(1)
If the amount of the estimated financial security is contested
by the Brady Township Engineer, a third licensed professional engineer
chosen mutually by the applicant or subdivider, and the Township,
shall estimate the amount of financial security necessary, which estimate
shall be presumed fair and reasonable. Fees for the services of the
third engineer shall be paid equally by the Township and the applicant
or subdivider.
(2)
Annually, the Township may adjust the amount of the improvements
bond by comparing the actual cost of the improvements which have been
completed and the estimated cost for the completion of the remaining
improvements as of the expiration of the 90th day after either the
original date scheduled for completion or a rescheduled date of completion.
Subsequent to said adjustment, the Township may require the developer
to post additional security in order to assure that the improvements
bond equals said 110%. Any additional security shall be posted by
the developer in accordance with this subsection.
(3)
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 improvements bond required by this section.
Upon approval of a final plat by the Township, the developer
shall record the final plat in the Office of the Butler County Recorder
of Deeds within 90 days of such final approval or within 90 days of
the date of delivery of an approved plat signed by the Board of Supervisors,
following completion of conditions imposed for such approval, whichever
is later.
A.
Upon recording of a final plat, the subdivider or developer shall,
within 60 days of such recording, deliver to the Township Municipal
Building the following plats and documents for Township signatures:
(1)
One original linen or Mylar and two duplicate Mylars and six
prints as recorded in the Butler County Recorder of Deeds Office containing
all signatures and the recorder's seal.
(2)
Four sets of prints of the final construction drawings and supporting
documents.
(3)
Executed homeowners' association documents, if applicable.
B.
At the time of recording, the developer shall pay the prevailing
fee of the Butler County Recorder of Deeds for recording the original
plat and any homeowners' association documents required to be recorded
in such office, plus a fee for all municipal services rendered to
accomplish the recording, as set forth and the appropriate fee ordinances.
C.
Upon recording of plats and homeowners' association documents, the
Township shall apprise the subdivider or developer of the official
filing date as well as the appropriate recording reference data and
make available one duplicate Mylar plat and one set of approved construction
drawings plus a copy of the homeowners' association documents.
D.
Any single nonresidential land development, whether occurring on one lot or on a combination of parcels under single ownership and phased over a period of years, shall be recorded with Butler County as an approved site plan following completion of all contemplated improvements and structures. The as-built drawings shall contain all that information required by § 295-617 of this chapter. One Mylar drawing shall be submitted to the Butler County Recorder of Deeds and two paper copies shall be filed with Brady Township.
Any developer aggrieved by a finding, decision or recommendation
of the Brady Township Planning Commission or the Board of Supervisors,
may present additional relevant information and request reconsideration
of the original findings, decision or recommendation upon written
request within 30 days of notification of the Planning Commission
or Board of Supervisors decision on either an application for preliminary
or final approval. The date of the written request shall constitute
the date of application for a revised application and the time requirements
for a decision by the Board of Supervisors specified by the Pennsylvania
Municipalities Planning Code[1] shall be measured from that date.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Any person aggrieved by the decision of the Board of Supervisors
regarding a subdivision or land development plan may appeal such decision
within 30 days of the date of entry of the decision of the Board of
Supervisors to the Court of Common Pleas of Butler County, Pennsylvania.
A.
From the time an application for approval of a subdivision or land
development plan, whether preliminary or final, is duly filed as provided
in this chapter, and while such application is pending approval or
disapproval, no change or amendment of the zoning, subdivision or
other governing ordinance or plan shall affect the decision on such
application adversely to the applicant for a period of five years;
and the applicant shall be entitled to a decision in accordance with
the provisions of the governing ordinances or plans as they stood
at the time the application was duly filed. In addition, when a preliminary
application has been duly approved, the applicant shall be entitled
to final approval in accordance with the terms of the approved preliminary
application, as hereinafter provided. However, if an application is
properly and finally denied, any subsequent application shall be subject
to the intervening change in government regulations.
B.
When an application for approval of a subdivision or land development
plan, whether preliminary or final, has been approved or approved
subject to conditions acceptable to the applicant, no subsequent change
or amendment in the zoning, subdivision or other governing ordinance
or plan shall be applied to affect adversely the right of the applicant
to commence and to complete any aspect of the approved development
in accordance with the terms of such approval within five years from
such approval. Where final approval is preceded by preliminary approval,
the five-year period shall be counted from the date of the preliminary
approval. In the case of any doubt as to the terms of a preliminary
approval, the terms shall be construed in the light of the provisions
of the governing ordinances or plans as they stood at the time when
the application for such approval was duly filed.
