[Ord. No. 386, 4/14/2020]
1.
Prior to submission of an application for preliminary approval of
a subdivision, land development or mobile home park plan, the developer
shall meet with the Township Zoning Officer and/or Planning Coordinator
and any other appropriate staff persons to discuss the applicable
regulations governing the proposed development, application submission
requirements and the feasibility and timing of the proposed development.
2.
Any developer of land within North Strabane Township desiring approval
of a subdivision, land development or a mobile home park shall notify
the Zoning Officer of North Strabane Township at least 20 days prior
to the regularly scheduled Planning Commission meeting of his intention
to attend a preapplication conference with the Planning Commission.
3.
The purpose of the preapplication meeting is to acquaint the Planning
Commission with the proposed development, to indicate to the developer
the constraints upon development contained in this and other ordinances
of North Strabane Township that may bear upon his proposal and to
discuss the impact of the proposal upon the Township's Comprehensive
Plan.
4.
The preapplication conference with the Planning Commission 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.
[Ord. No. 386, 4/14/2020]
1.
Application Procedure. Having completed the preapplication procedure, any developer of land within the Township desiring preliminary approval of a subdivision, land development or a mobile home park plan shall submit not less than seven copies of the documentation required in Subsection 1 and a digital electronic copy, below, to the Zoning Officer and/or Planning Coordinator of North Strabane Township at least 20 days prior to the regularly scheduled Planning Commission meeting at which such submission will be considered. All drawings submitted shall be folded so that the title block is visible on the outside and so that the folded drawing has a maximum dimension of nine inches by 12 inches. The applicant shall be present or be represented at the meeting to answer questions raised by the Commission relative to the application. The preliminary plan application procedures may be waived and the developer may proceed with final plan application, provided the plan presented as a final plan includes the entire property to be ultimately developed and the requirements of § 701 of this chapter have been met.
2.
Review and Referral by the Zoning Officer and/or Planning Coordinator. Prior to the regular meeting of the Planning Commission for which an application has been submitted, the Zoning Officer and/or Planning Coordinator shall review the submitted documents as to conformance with the requirements of this chapter and other applicable Township regulations upon development and as to incorporation of requests and suggestions made at the preapplication procedure meeting, if any. If the Zoning Officer and/or Planning Coordinator is satisfied that all ordinances and other requirements have been met in the application, the person shall submit copies to the applicable parties in the Township, including one copy to the Municipal Authority for its review if sanitary sewage facilities or system are involved. If the Zoning Officer and/or Planning Coordinator is not satisfied that all ordinance and other requirements have been met in the application, the person shall return the application to the developer as incomplete or improperly filed, indicating to the developer, in writing, the specific discrepancies and citing the specific ordinance provisions which have not been met, and require the developer to correct the documents to conform before again starting the preliminary approval procedure. An application shall not be considered complete and properly filed unless and until all items required by Subsection 10 of this section for a preliminary application, including the filing fee, have been received by the Township. It shall be the responsibility of the applicant to submit plans to the Washington Planning Commission as required.
3.
Public Hearing. The Planning Commission may call and hold a public
hearing to gather testimony relative to the development proposal,
but such a hearing shall be concluded within the sixty-day period
for preliminary plan consideration. Public notice, as defined by this
chapter, of such a hearing shall be given.
4.
Recommendation by Planning Commission. The Planning Commission shall
recommend to the Board of Supervisors approval, approval with specific
conditions or disapproval of the proposed preliminary application
and shall communicate its decision, in writing, to the Board of Supervisors
not later than 60 days after the date of the meeting at which the
preliminary application was first considered and accepted as complete
and properly filed. The recommendation shall be based upon the Township
Planning Commission's own review and the review and comments
submitted by the Township Engineer. If plan revisions are necessitated
by the Planning Commission's recommendation, the developer shall
submit seven copies and a digital electronic copy of the revised preliminary
plat at least five working days before the meeting of the Board of
Supervisors at which the application is to be considered.
5.
Approval by Board of Supervisors. Within 90 days of the date of the
Planning Commission meeting at which the preliminary application is
accepted as complete and properly filed, the Board of Supervisors
shall approve, approve with conditions or disapprove the proposed
preliminary application at a public meeting and shall communicate
the official decision, in writing, to the developer at his address
of record not later than 15 days after the decision is reached, indicating,
specifically, if the approval is denied, the reasons for denial, citing
the appropriate chapter sections. However, the action shall not be
taken until at least 30 days after the date that the preliminary plan
was sent to the County Planning Commission or until the County recommendations
on the plan are received by the Township, whichever is earlier.
6.
Failure to Render a Decision. Failure of the Board of Supervisors to render a decision and/or to communicate it to the developer within the time and in the manner required in Subsection 5, above, shall be deemed an approval of the application as presented, unless the developer has agreed, in writing, to an extension of time or change in the prescribed manner of presentation of the decision, in which case failure to meet the extended time or change in manner of presentation or communication shall have the same effect.
7.
Conditional Approval. If the Board of Supervisors determines that certain conditions are warranted to be attached to preliminary 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 the official decision required by Subsection 5 of this section. The applicant shall accept or reject the conditions attached to the approval by giving written notice to the Township Secretary within 30 days of the date at which preliminary approval with conditions is granted. If the applicant fails to give written notice to the Township regarding acceptance of the conditions attached to preliminary approval within the required 30 days, preliminary approval shall automatically be rescinded without written notice to the applicant.
8.
Amendment of Ordinances Affecting Application.
A.
From the time an application for approval of a subdivision, land
development or mobile home park is duly filed with the Zoning Officer
and/or Planning Coordinator of the Township and while such application
is pending approval or disapproval, no change or amendment of this
chapter or others affecting development in the Township shall influence
the decision on such application adversely to the developer and the
developer shall be entitled to a decision in accordance with the provisions
of this chapter and others affecting development in the Township as
they stood at the time the application was duly filed. However, if
an application is properly and finally denied, any subsequent application
shall be subject to any intervening changes in this or other ordinances.
B.
When an application has been approved or approved subject to conditions
acceptable to the developer, no subsequent change or amendment to
this or other ordinance affecting development in the Township shall
be applied to influence the right of the developer to commence and
to complete any aspect of the approved development in accordance with
the terms of such approval within five years from the date of such
preliminary approval or in the case of a plan proposed to be developed
in phases, within the time required and subject to the conditions
specified in Section 508(4) of Act 247, the Pennsylvania Municipalities
Planning Code,[1] as amended by Act 170 of 1988 (53 P.S. § 10101
et seq.).
[1]
Editor's Note: See 53 P.S. § 10508(4).
9.
Interpretation of Approval. Except in the case where preliminary
approval is waived under § 701 of this chapter, approval
of a preliminary application shall not be construed to constitute
final approval, but only an authorization to proceed with preparation
of the final plan application for presentation to the Planning Commission
within one year of the date of the grant of preliminary approval by
the Board of Supervisors. After one year, if the developer has not
submitted the final application, the person shall resubmit the preliminary
application.
10.
Application Submission Requirements (see Table 1).[2]
[2]
Editor's Note: Table 1 is included as an attachment to this chapter.
[Ord. No. 386, 4/14/2020]
1.
Application Procedure. Having successfully completed the preliminary application procedure, any developer of land within North Strabane Township desiring final approval of a subdivision, land development or a mobile home park shall, within one year of the grant of preliminary approval by the Board of Supervisors, submit not less than seven copies and a digital electronic copy of the documentation required in Subsection 9, below, to the Zoning Officer and/or Planning Coordinator of North Strabane Township at least 20 days prior to the regularly scheduled Commission meeting at which such submission will be considered. The drawings submitted shall be folded so that the title block is visible on the outside and so that the folded drawing has a maximum dimension of nine inches by 12 inches. The developer shall be present or be represented at the meeting to answer questions raised by the Commission relative to the application. Such final application may be for all or a part of a plan already given preliminary approval, in accordance with Subsection 9, below.
2.
Review and Referral by the Zoning Officer and/or Planning Coordinator. Prior to the regular meeting of the Planning Commission for which an application is submitted, the Zoning Officer and/or Planning Coordinator shall review the submitted documents as to conformance with the requirements of this chapter and other applicable Township regulations upon development and as to incorporation of required conditions, addition, deletions and/or changes resulting from the preliminary approval. If the Zoning Officer and/or Planning Coordinator is satisfied that all requirements have been met in the application, the person shall submit copies to the applicable parties in the Township. If the Zoning Officer and/or Planning Coordinator is not satisfied that all requirements have been met in the final application, the person shall return the application to the developer as incomplete or improperly filed, indicating to the developer, in writing, the specific discrepancies and citing the specific provisions of the chapter which have not been met and request the developer to correct the documents to conform before again starting the final application approval procedure. An application for final approval shall not be considered complete and properly filed unless and until all items required by Subsection 9 of this section for a final application, including the filing fee, having been received by the Township.
3.
Recommendation by the Planning Commission. The Planning Commission
shall recommend approval or disapproval of the proposed final application
to the Board of Supervisors, in writing, not later than 60 days after
the date of the meeting at which the final application was accepted
as complete and properly filed. The recommendation shall be based
upon the Commission's own review, including, if needed, a field
visit to the property and the review comments submitted by the Township
Engineer.
4.
Approval by Board of Supervisors. Within 90 days of the date of the
Planning Commission meeting at which the final application is accepted
as complete and properly filed, the Board of Supervisors shall approve,
approve with conditions or disapprove the proposed final application
at a public meeting and shall communicate the official decision, in
writing, to the developer at his address of record not later than
15 days after the decision is reached indicating specifically, if
the approval is denied, the reasons for denial citing the appropriate
ordinance Sections. However, the action shall not be taken until at
least 30 days after the plan was sent to the County Planning Commission
or until the County recommendations on the plan are received by the
Township, whichever is earlier.
5.
Public Hearing, Failure to Render a Decision and Amendment of Ordinance Affecting Applications. The regulations contained in § 302, Subsection 3, Public Hearing; § 302, Subsection 6, Failure to Render a Decision; and § 302, Subsection 8, Amendment of Ordinance Affecting Applications, governing preliminary applications, shall also apply to the final application procedure.
6.
Conditional Approval. If the Board of Supervisors determines that certain conditions are warranted to be attached to final 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 the official decision required by Subsection 4 of this section. The applicant shall accept the conditions attached to the approval either by giving written notice to the Township Secretary or executing the development agreement required by Subsection 8 of this section within 30 days of the date at which final approval with conditions is granted. If the applicant fails to execute the development agreement or to give written notice to the Township regarding acceptance of the conditions attached to final approval within the required 30 days, final approval shall automatically be rescinded without written notice to the applicant.
7.
Resolution Indicating Approval. 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 a satisfactory
financial security. The final plat or recorded plan shall not be signed
nor recorded until the financial improvements agreement is executed.
The resolution or letter of contingent approval shall expire and be
deemed to be revoked if the financial security agreement is not executed
within 90 days, unless a written extension is granted by the Board
of Supervisors. Such extension shall not be unreasonably withheld
and shall be placed in writing at the request of the developer.
8.
Guarantee That Improvements Will Be Completed. As a condition of
final approval, the developer has two options. The developer may either:
A.
Deposit with North Strabane Township an improvement bond, as defined by this chapter, after bond review by the Township Solicitor, to be held in escrow and equal to 110% of the total estimate cost, determined and posted in accordance with the procedure specified in § 304, Subsection 1, of this chapter, for all improvements to be constructed to serve the approved final plan (and not to be guaranteed by requirements of other authorities), agreed to by the developer and Township.
B.
Waive the improvements bond and construct all improvements agreed to between himself and the Township, but relinquish the right to be issued any building permits for construction on lots served by the improvements until all improvements have been completed, inspected and approved by the Township. The procedure for inspection and approval of the improvements shall be in accordance with §§ 305 through 311 of this chapter; however, in lieu of release of the improvement bond, the proper officers of the Township shall be authorized to execute the final plat for recording purposes upon satisfactory completion of the improvements. Building permits shall not be authorized for any lot in the plan until all required improvements have been accepted by the Township and the final plat has been recorded in the County Recorder of Deeds Office in accordance with § 304, Subsection 5, and § 304, Subsection 6, of this chapter.
9.
Final Application Submission Requirements (see Table 2).[1]
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
[Ord. No. 386, 4/14/2020]
1.
Improvement Bond.
A.
In lieu of the completion of any improvement required prior to and
as a condition for final approval of a plat, the applicant shall deposit
an improvement bond, as defined by this chapter, in favor of the Township,
in an amount equal to 110% of the cost of completion of the improvements
estimated as of 90 days following the date scheduled for completion
by the developer. Annually, the Township may adjust the amount of
the financial security by comparing the actual cost of the improvements
which have been completed and the estimated cost for the completion
of the remaining improvements as of the expiration of the 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 financial security equals said 110%. Any additional security
shall be posted by the developer in accordance with this subsection.
B.
The amount of the improvement 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 a professional engineer
licensed as such in this commonwealth and certified by such engineer
to be a fair and reasonable estimate of such cost. The Township, upon
the recommendation of the Township Engineer, may refuse to accept
such estimate for good cause shown. If the applicant or developer
and the Township are unable to agree upon an estimate, then the estimate
shall be recalculated and recertified by another professional engineer
licensed as such in this commonwealth and chosen mutually by the Township
and the applicant or developer. The estimate certified by the third
engineer shall be presumed fair and reasonable and shall be the final
estimate. In the event that a third engineer is so chosen, fees for
the services of said engineer shall be paid equally by the Township
and the applicant or developer.
C.
If the party posting the improvement bond requires more than one
year from the date of posting of the financial security to complete
the required improvements, the amount of financial security may be
increased by an additional 10% for each one-year period beyond the
first anniversary date from posting of the improvement bond or to
an amount not exceeding 110% of the cost of completing the required
improvements as reestablished on or about the expiration of the preceding
one-year period by using the above procedure.
2.
Amenities Bond. In lieu of completion of any improvement which is not proposed to be dedicated to the public, but which is required prior to, or as a condition for, final plat approval, the applicant may be required "at the discretion of the Township" to deposit with the Township, an amenities bond, as defined by this chapter, in favor of the Township, in an amount sufficient to cover the costs of all such required improvements. The amenities bond shall be in an amount equal to 110% of the cost of the improvements for which the amenities bond is posted. The procedure for determining the amount of the amenities bond and for extending the amenities bond for a period beyond one year shall be the same as the procedures specified in Subsection 1, above, for determining and extending the improvement bond.
3.
Development Agreement. Before granting final approval, the Board of Supervisors shall require that the developer execute a development agreement with the Township, in a form acceptable to the Township Solicitor, containing any conditions of approval, provisions that are reasonably required to guarantee the proper installation of on-site and off-site improvements related to the subdivision and/or land development and provisions necessary to indemnify the Township in connection therewith. Said agreement shall be executed, the improvement bond required by Subsection 1 of this section shall be posted, the amenities bond required by Subsection 2 of this section, if required, and the perpetual maintenance bond required by § 512, Subsection 6, of this chapter, if required, shall be posted and all required fees shall be paid before the Township Manager shall affix his or her signature and the Township seal to the final plat for recording purposes.
4.
Approval by Other Agencies. Approval of final plats by the Board
of Supervisors shall not be binding if county, state or federal agencies
find just cause to disapprove the development. It shall be the developer's
responsibility to obtain all necessary approvals from county, state
or federal agencies.
5.
Recording of Final Plat. Upon approval of a final plat by the Township,
the developer shall, within 90 days of such final approval, record
such plat in the office of the Washington County Recorder of Deeds
or the Township's approval shall be null and void. Final plats
for land development plans which are proposed for lots within a previously
recorded plat shall not be required by this chapter to be recorded
in the Washington County Recorder of Deeds Office, provided there
is no change to any lot line, easement, right-of-way or other recorded
feature of the previously recorded plan. If a land development plan
is proposed which includes a subdivision, resubdivision or consolidation,
the final plat for the subdivision, resubdivision or consolidation
shall be recorded. In no case shall building locations, parking areas,
landscaping and other private improvements proposed in any land development
plan be required to be recorded; however, all information specified
by § 303, Subsection 9, for a final application shall be
required to be submitted for approval by the Township, whether or
not a final plat is recorded.
6.
Filing of Copies. Within five days of recording of the final plat
in the Office of the County Recorder of Deeds, the developer shall
submit a copy of the recording receipt to the Township Zoning Officer
or Code Enforcement Officer and/or Planning Coordinator. As soon as
is practical after recording of the final plat in the Office of the
County Recorder of Deeds, the developer shall deliver to the Township
Zoning Officer or Code Enforcement Officer and/or Planning Coordinator
one reproducible and two paper prints of the plat as recorded, containing
all required signatures and dates of approval. Proof of recording
shall be required prior to the issuance of any building permit for
any lot shown on the final plat.
[Ord. No. 386, 4/14/2020]
1.
Prior to initiating any construction in an approved plan, the developer
shall attend a preconstruction meeting with the Township Zoning Officer
or Code Enforcement Officer, and/or Planning Coordinator, Road Superintendent,
Township engineer and other appropriate Township officials to discuss
inspection procedures and the schedule for construction.
2.
The developer shall notify the inspector at least 72 hours prior
to beginning any installation of public improvements in an approved
plan. While work is in progress, the developer shall notify the inspector
at least 72 hours prior to the time that the following minimum required
progress inspections are desired. The Township reserves the right
to perform inspections in addition to the minimum required progress
inspections listed below at the discretion of the inspector, if conditions
warrant:
A.
Review and approval of subgrade of streets prior to laying of base.
B.
Review and approval of base prior to final paving of streets.
C.
Review and approval of streets after wearing course or seal coat
is applied.
D.
Review and approval of trenches for installation of all underground
utilities, including water lines, gas lines, electric/telephone/TV
cables, sanitary sewer lines, storm sewers and drainage facilities,
before they are covered.
3.
Inspector shall prepare a written report of all inspections.
4.
All construction materials used in sewers, streets, sidewalks and
other required improvements shall be tested by a qualified testing
laboratory if required by the Township Engineer. The cost for such
tests shall be borne by the developer.
5.
The developer shall be responsible for the payment of inspection
fees in accordance with the procedure specified by this chapter.
6.
All installation shall comply with the adopted North Strabane Township
construction standard.
[Ord. No. 386, 4/14/2020]
When the developer has completed the required public improvements
in a plan, the developer shall notify the Township, in writing, by
certified or registered mail. Within 10 days of the receipt of such
notification, the Board of Supervisors shall authorize the Township
Engineer to inspect the public improvements in the plan to determine
compliance with the design standards and standards for construction
specified in Parts 4 and 5 of this chapter.
[Ord. No. 386, 4/14/2020]
Upon completion of the public improvements in a plan, "as-built"
plans and profiles of the public improvements, as constructed, shall
be filed with the Township by the developer within 10 days of the
mailing of the notice of completion. In addition, the developer's
engineer shall submit a certification, under the engineer's seal,
that the improvements have been installed and completed in accordance
with the plans and specifications designed by the engineer. All certifications
for completion of geotechnical inspections must be provided by a registered
geotechnical engineer at the same time.
[Ord. No. 386, 4/14/2020]
1.
The Planning Coordinator, within 10 days after receipt of the notice
of completion, direct and authorize the Township Engineer to inspect
all the improvements to determine compliance with the design standards
and standards for construction specified in Parts 4 and 5 of this
chapter.
2.
Having made his inspection, the Township Engineer shall file a detailed
report, in writing, with the Board of Supervisors, not later than
30 days after receipt of the authorization to proceed, with a copy
of the report sent by registered mail to the developer. The report
shall indicate approval or rejection of the improvements either in
whole or in part. In the event that the Township Engineer shall not
approve or shall reject any or all of the improvements, his report
shall contain a statement of specific reasons for each such failure
to approve or rejection. Upon receipt of the Township Engineer's
report and its acceptance by the Board of Supervisors shall, within
15 days after its regular monthly meeting next succeeding receipt
of the report, notify the developer, in writing, by certified mail,
of its action relative to the Township Engineer's report.
3.
If the Board of Supervisors or the Township Engineer fails to comply
with the time limitation provisions of this section, all improvements
will be deemed to have been approved and the developer shall be released
from all liability pursuant to the improvement bond posted with the
Township.
4.
If any portion of the improvements are not approved or are rejected
by the Board, the developer shall proceed to complete the improvements
so designated and, upon completion, the same procedure of notification,
inspection and approval shall be initiated as outlined in this Part
shall be followed.
5.
Nothing in this Part shall be construed to limit the developer's
right to contest or question by legal proceedings or otherwise any
determination of the Board of Supervisors or the Township Engineer.
6.
If any improvement covered by the improvement bond has not been installed
during the time that the improvement bond remains in effect, the Board
shall have the power to enforce the improvement bond by appropriate
legal action and equitable remedies. If proceeds of such improvement
bond are insufficient to cover the cost of installing or making repairs
or corrections to all the improvements covered by the improvement
bond and found unacceptable or left uninstalled, the Board at its
option may install such improvements. All of the proceeds, whether
resulting from the satisfying of the improvement bond or from any
legal or equitable action brought against the developer, or both,
shall be used solely for the installation of improvements covered
by such security and for no other municipal purpose.
7.
The developer and the Board may agree to a program of partial release
of the improvement bond as the installation of improvements is completed.
Such procedure shall leave remaining under the improvement bond at
least enough credit to complete all improvements not yet accepted.
The Township shall authorize the release of funds upon receipt of
written certification from the Township Engineer that the work for
which release is requested has been completed in accordance with the
approved plat. The Township shall authorize release of funds in an
amount as estimated by the Township Engineer that fairly represents
the value of the improvements completed, less 10% retainage.
[Ord. No. 386, 4/14/2020]
1.
Approval of improvements shall not constitute an acceptance for repairs
or maintenance by the Board of Supervisors. All improvements shall
remain in private ownership until such time as their dedication shall
have been accepted by resolution, as provided for in § 310
of this Part or until condemned for public use. The costs of advertising
and filing, if any, for the adoption of the resolution shall be borne
by the developer or the corporation requesting the adoption, except
in the case of condemnation, in which case the Township shall bear
such costs.
2.
As a condition of immediate acceptance by resolution, the developer
shall post a maintenance bond, as defined by this chapter, in accordance
with the requirements of § 311, below.
[Ord. No. 386, 4/14/2020]
1.
Upon completion of the inspection and approval of the public improvements,
the developer shall submit a request to the Board of Supervisors,
in writing, to accept the dedication of the public improvements. The
request for acceptance shall be submitted at least 10 days prior to
the regular meeting of the Board and shall include legal descriptions
of all rights-of-way for streets to be dedicated to the Township.
At the regular meeting, the Board shall adopt a resolution accepting
the public improvements as part of the Township's public facilities,
subject to the posting of the maintenance bond required by § 311
of this chapter.
2.
No property or public improvement shown on a final plat shall be
considered to have been finally accepted by the Township until the
dedication thereof has been officially accepted by adoption of a resolution
of the Township, duly enacted and advertised in accordance with law.
[Ord. No. 386, 4/14/2020]
1.
When the Board of Supervisors accepts the dedication of all or some
of the required public improvements in a plan, following their completion,
the Board shall require the posting of a maintenance bond, as defined
by this chapter, to secure the structural integrity of the improvements
and to guarantee the proper functioning of those improvements in accordance
with the design and standards for construction specified in Parts
4 and 5 of this chapter, and the specifications of the final plat.
2.
The term of the maintenance bond shall be for a period of 18 months
from the date of the acceptance of the public improvements by the
Board of Supervisors. The amount of the maintenance bond shall be
15% of the actual cost of installation of the public improvements.
[Ord. No. 386, 4/14/2020]
Upon written notice by the Township Engineer that the improvements
guaranteed by the amenities bond have been satisfactorily completed,
the Township shall authorize release of the amenities bond. Since
the amenities bond is posted to guarantee completion of required improvements
that are not to be dedicated to the public, release of the amenities
bond shall not imply approval by the Township of the method of construction
or structural integrity of the improvements, nor shall there be any
liability associated with or responsibility for maintenance of the
improvements.
