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.
(2) 
Application filing and application review fees, as required by Article IX of this chapter.
(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.
(26) 
A grading plan as per § 295-616 of this chapter.
(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:
(a) 
Streets and other ways of medium solid lines.
(b) 
Property lines of adjacent subdivision by medium dashed and two dotted lines.
(c) 
Lot line by light doffed lines.
(d) 
Restriction lines, easements, etc., by light dashed lines.
(9) 
Within the subdivision boundary lines, all final plats shall be drawn according to the following:
(a) 
Streets or ways of heavy solid lines.
(b) 
Perimeter property lines of subdivision by heavy dashed and two doffed lines.
(c) 
Lot lines of medium solid lines.
(d) 
Restriction of building lines by medium dashed lines.
(e) 
Easements of other reserved areas by light doffed lines.
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.
(3) 
Mediation option. Parties to the proceedings authorized in this Article III may initiate mediation as an aid in completing the proceeding, subject to the procedures specified in § 295-303F of this chapter.
(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.