A. 
The procedures established in this chapter are intended to define the steps by which a developer shall make an application, design a subdivision plan, record plans, construct and maintain improvements, and by which the Planning Commission and Board of Supervisors may review, make recommendations, approve the plans and otherwise administer this chapter.
B. 
For those subdivisions or land developments hereinafter classified as minor subdivisions or land developments, a sketch plan and abbreviated final plan procedure is established. For all others, which are classified as major subdivisions or land developments, a preliminary plan and final plan procedure is established.
C. 
Appendix "D"[1] provides the specific processing procedure used by the Board of Supervisors during and after the various steps of the plan review process.
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
D. 
Each developer is required to pay fees as follows:
(1) 
Each developer is required to submit a nonrefundable filing fee for each plan. These fees are adopted annually by the Board of Supervisors.
(2) 
Until a submission is approved or rejected by the Board of Supervisors; the applicant may withdraw the submission and submit a revised plan following the submission and review procedures which apply to that plan. Submission fees shall be charged as follows:
(a) 
Minor subdivision plan or lot line adjustment plan (lot consolidation plan): first submission and then again at third submission, fifth submission, seventh submission, etc.
[Amended 6-5-2012 by Ord. No. 2012-03]
(b) 
Major subdivision preliminary plan or lot line adjustment plan (lot consolidation plan): first submission and then again at fifth submission, ninth submission, etc.
(c) 
Major subdivision final plan or lot line adjustment plan (lot consolidation plan): first submission and then again at third submission, fifth submission, seventh submission, etc.
(3) 
If, before a submission is approved or rejected by the Board of Supervisors, the applicant submits a new plan for the subdivision or development in the earlier submission and does not withdraw the earlier submission, the new plan shall be considered an alternate plan for which a new submission fee shall be required.
(4) 
Each developer must reimburse the Township for all legal and engineering expenses incurred as a result of the proposed subdivision and/or land development.
The Board of Supervisors shall make available to developers for a fee copies of this chapter and land development regulations, Chapter 300, Zoning, Chapter 241, Stormwater Management, Chapter 247, Stormwater Management: Monocacy Creek Watershed, and other adopted regulations, street maps, and other information which may affect the development of the property under consideration. Applications for approval of a subdivision or land development shall be in accord with this chapter and all other applicable regulations, ordinances or statues.
A. 
Prior to the formal submission of a major or minor subdivision plan, lot line adjustment plan (lot consolidation plan), or land development plan for review and approval, the applicant is strongly encouraged to submit a sketch plan to the Planning Commission for advice on the requirements necessary to achieve conformity to the standards of this chapter as well as to alert the subdivider as early as possible to factors which must be considered in the design of a subdivision or land development such as pertinent elements of any county or Township land use, and community plans.
[Amended 6-5-2012 by Ord. No. 2012-03]
B. 
Such sketch plan submissions are not required, but if they are provided, they are considered informal in nature. The Board of Supervisors and/or the Planning Commission shall be under no obligation to respond formally or informally to such a submission. All opinions and advice given to the prospective applicant during a sketch plan review will be unofficial and not binding on the Board of Supervisors, the Planning Commission, or developer.
C. 
If a sketch plan submission is presented by a developer, the following information should be included in the submission:
(1) 
The entire bounds of the property to be subdivided or developed.
(2) 
Proposed lot and street layout. The applicant should provide more than one alternative layout for review by the Planning Commission.
(3) 
Proposed method of water service.
(4) 
Proposed method of sewage disposal.
(5) 
Proposed method of storm drainage and detention.
(6) 
Proposed recreation areas.
(7) 
Impact on traffic and area intersections.
(8) 
Proposed street intersections and proposed driveways onto existing roadways.
(9) 
Location of significant environmental features such as:
(a) 
Prime agricultural soils.
(b) 
Woodlands.
(c) 
Wetlands.
(d) 
Steep slopes.
(e) 
Floodplains.
(10) 
Existing structures on the site.
A. 
A minor subdivision plan shall be submitted as a final plan to the Planning Commission. Note: White line prints are not acceptable as prints.
B. 
An application for approval of a residential minor subdivision plan shall include required plans and supporting documents as outlined in § 260-59. For a nonresidential minor subdivision plan, an application for approval shall include required plans and supporting documents per § 260-58 for a final plan.
[Amended 6-5-2012 by Ord. No. 2012-03]
C. 
The application for minor subdivision plan approval shall be processed in accordance with the Pennsylvania Municipalities Planning Code, as amended, and Appendix D of this chapter.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
D. 
The Board of Supervisors may approve the plan as submitted, reject the plan for reasons stated, or approve the plan subject to conditions acceptable to the applicant. The action of the Board, including any conditions imposed, shall be transmitted to the developer by certified mail, requesting that the developer accept or reject such conditions, in writing, within 30 days of receipt of such notification, and advising the developer that the Board's approval of the plan shall be rescinded automatically upon the developer's failure to accept the imposed conditions, in writing, within said 30 days.
A. 
A major subdivision or land development preliminary plan shall be submitted with copies of all utility plans, street plan and profiles, calculations and supporting documents with an application for approval by the Board of Supervisors. White line prints are not acceptable as prints.
B. 
The application for preliminary plan approval shall be processed in accordance with the Pennsylvania Municipalities Planning Code, as amended, and Appendix D of this chapter.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
C. 
If the Board of Supervisors approves the preliminary plan, the Township Secretary will so certify thereon. At least one certified copy is to be retained in the Township file for certification referral, and under no circumstances shall be altered, revised or defaced.
D. 
The Board of Supervisors may approve the plan as submitted, reject the plan for reasons stated, or approve the plan subject to conditions acceptable to the applicant. The action of the Board, including any conditions imposed, shall be transmitted to the developer by certified mail, requesting that the developer accept or reject such conditions, in writing, within 30 days of receipt of such notification, and advising the developer that the Board's approval of the plan shall be rescinded automatically upon the developer's failure to accept the imposed conditions, in writing, within said 30 days.
E. 
Where no final plan, for all or part of the approved preliminary plan, is filed and accepted within five years from the date of the original preliminary plan submission, such approval shall no longer be effective for that section or those sections not finalized, unless extended in writing by the Board of Supervisors.
F. 
Prior to any construction of improvements called for by preliminary plan approval, the developer shall post inspection escrow fees with the Board of Supervisors, insuring the proper inspections of all improvements.
G. 
The applicant, upon filing a plan shall prepare a list of all property owners located within 200 feet of the subdivision/land development. The applicant shall mail the notification to adjacent property owners, included as Appendix "G" in this chapter.[2] Applicant shall mail the notification contained in Appendix "G" of this chapter to all property owners within 200 feet of any new lots created by the subdivision/land development or within 200 feet of any improvements proposed on the subdivision/land development plan.
[Amended 8-7-2007 by Ord. No. 2007-02]
(1) 
Notifications to such property owners must be mailed by registered mail no later than 21 days before the date of the Planning Commission meeting at which the subdivision/land development is to be considered for the first time.
(2) 
Applicant must furnish the subdivision administrator with a copy of the list of all property owners to whom notifications were mailed no later than 21 days before the first meeting of the Planning Commission at which the subdivision/land development plan is to be considered.
[2]
Editor's Note: Said appendix is included as an attachment to this chapter.
A. 
After a preliminary plan approval or conditional approval, a major subdivision or land development final plan shall be submitted accompanied by applications for approval by the Board of Supervisors. White line prints are not acceptable as prints.
B. 
The application for final plan approval shall be processed in accordance with the Pennsylvania Municipalities Planning Code, as amended, and Appendix D of this chapter.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
C. 
The Board of Supervisors may approve the plan as submitted, reject the plan for reasons stated, or approve the plan subject to conditions acceptable to the applicant. The action of the Board, including any conditions imposed, shall be transmitted to the developer by certified mail, requesting that the developer accept or reject such conditions, in writing, within 30 days of receipt of such notification, and advising the developer that the Board's approval of the plan shall be rescinded automatically upon the developer's failure to accept the imposed conditions, in writing, within said 30 days.
D. 
A final plan may be approved by the Board of Supervisors when the required improvements have been installed in strict accordance with the certified preliminary plan and Township standards and specifications, or the Board of Supervisors is assured by means of a proper completion guarantee in the form of security acceptable to the Township Solicitor and/or the Board of Supervisors, sufficient to cover the cost of the improvements, that the improvements will subsequently be installed. In no case shall a building permit be issued, or a lot sold without prior certification of a final plan and the recording of the final plan.
The developer or applicant will be required to pay the following fees and costs during the application and construction phases of his subdivision or land development.
A. 
Filing fees for applications shall be set by resolution by the Board of Supervisors and posted at the Township Building. These fees are intended to cover the Township cost of handling, mailing and Township personnel administration of plan reviews.
B. 
Filing fees for applications required for submission of plans to all outside agencies (i.e., Lehigh Valley Planning Commission, Pennsylvania Department of Transportation, Department of Environmental Protection, etc.).
C. 
Municipal expense reimbursement cost. The applicant or developer is to reimburse the Board of Supervisors for review, approval and inspection costs associated with subdivisions and land developments plans and improvements. These costs shall be reimbursed to the Board of Supervisors prior to final plan recording. The improvement agreement shall provide for the reimbursement of municipal inspection costs. The review and inspection fees incurred by the Board of Supervisors for professional consultants or professional engineers shall be based upon a uniform fee schedule established by resolution.
A. 
In no case shall any construction of required improvements be done without notifying the Township Engineer. At least three working days notice shall be given to the Township Engineer prior to any such construction, so that a representative of the Township Engineer may be present at the time the work is to be done, if deemed necessary.
B. 
The Township Engineer shall be notified at each of the following phases of the work, so that he or his representative may inspect the work:
(1) 
Grading of rights-of-way and during fill operations.
(2) 
Setting form of crosswalks and sidewalks.
(3) 
Preparation of road subgrade.
(4) 
Setting curb and/or gutter forms.
(5) 
Installation of road and/or sidewalk base.
(6) 
Prior to and during road paving or placing concrete.
(7) 
Road paving - after each coat in the case of priming and sealing.
(8) 
Installation of drainage pipe and other drainage structures and before backfilling.
(9) 
Installation of sanitary sewer laterals, mains and appurtenances before backfilling and treatment plants before construction.
(10) 
Installation of water and sewer submains, laterals and appurtenances before backfilling and wells and pumping storage facilities before construction.
(11) 
During backfill of trenches.
(12) 
During testing of utility lines.
(13) 
During repairs.
C. 
Final inspection. Upon receipt of notice of completion from the developer, the Board of Supervisors shall request the Township Engineer to conduct a final inspection of all improvements and utilities to determine whether the work is satisfactory and in substantial compliance with the approved preliminary or final plan drawings and the specifications. The general condition of the site shall also be considered.
D. 
Construction inspection is provided by the Board of Supervisors to verify that the improvements proposed and required are being installed to Township specifications and approved drawings. The inspector is not provided as a representative of the developer and the Township Inspector has no authority to direct contractors in construction means and methods or safety matters.
E. 
Prior to construction, the developer shall arrange for a preconstruction meeting with the Township and provide eight complete sets of construction drawings to be submitted to the Township Engineer for review prior to the meeting.
A. 
A maintenance inspection of all the improvements and utilities will be made by the Township Engineer to determine whether the improvements have been maintained and kept in good serviceable condition.
B. 
The Township Engineer shall report his findings, in writing, to the Board of Supervisors and to the developer.
C. 
The developer shall be notified by certified letter, return receipt requested, of all required improvements which fail to pass the maintenance inspection of the Township Engineer. All such improvements shall be repaired by the developer to specifications acceptable to the Board of Supervisors.
D. 
All such repairs shall be performed and inspected in accordance with the requirements for new construction.
E. 
An extension of time to repair improvements may be granted by the Board of Supervisors upon written request by the developer.
A. 
Upon completion of improvements in areas required or intended for dedication to the Board of Supervisors (or its Authority) or upon request of the Board of Supervisors, the developer shall execute a deed of dedication and a maintenance agreement, in a form satisfactory to the Township Solicitor, for the land or easement being dedicated and the improvements thereon and the developer shall deliver such deed and maintenance agreement to the Board of Supervisors (or Authority) within 60 days of the completion of improvements. The developer shall have no more than one year to complete the improvements from the date of the approval of the final plan and the signing of the improvement agreement by the Board of Supervisors, unless an extension of time is granted by the Board of Supervisors.
B. 
All deeds of dedication for easements shall be dedicated to the Township at the time of final plan recording.
(1) 
The deed of dedication should include;
(a) 
One original executed deed and three copies.
(b) 
Only one street or parcel of ground for each deed.
(c) 
A legal description of the property being dedicated with references to the subdivision or land development plan which shows the land to be dedicated, and with a reference to the date the plan was recorded and the map book and page number of the record plan.
(d) 
An engineering drawing of the land being dedicated on 8 1/2 by 11 paper. If the land being dedicated is a street the plan should show the width of the right-of-way, width of paving, length of street in feet and length of street in miles.
(2) 
Upon review of all documents and upon a specific finding that
(a) 
The developer has satisfactorily completed required improvements in the area being dedicated; and
(b) 
The developer has entered into an eighteen-month maintenance agreement and posted maintenance security in a form and amount satisfactory to the Board of Supervisors; and
(c) 
The area being dedicated has legal access to existing Township rights-of-way; and
(d) 
There is a public need or good served by the land area being dedicated;
(e) 
The developer has provided as-built drawings required by the Township Engineer of all public facilities and utilities. As-built drawings of detention facilities and sanitary sewer systems (with lateral locations from property corners) shall always be required. The as-built drawings must show the facilities were constructed in conformance to the approved drawings.
(3) 
The Board of Supervisors (or Authority) may, at its sole discretion, accept such dedication in the manner provided by law.
A. 
Agreement. Prior to final approval of any major subdivision or land development, the developer shall construct all required improvements and obtain approval thereof, or execute an improvements agreement or a contract, approved by the Board of Supervisors, agreeing to construct the required improvements as shown on the approved preliminary plans and final plan. The improvement agreement shall be guaranteed by financial performance security. The deadline for completion of improvements shall be 12 months from date of the agreement unless an extension is granted by the Board of Supervisors, but not later than five years from the date of preliminary plan submission.
B. 
Performance security. Prior to final plan approval of any major subdivision or land development, the developer shall construct all the required improvements and obtain final approval thereof, or provide sufficient security, in an amount stipulated in the subdivision improvements agreement and in a form approved by the Township Solicitor and Board of Supervisors, to guarantee the performance of the above improvements and to secure the completion of the improvements listed with the subdivision improvements agreement within the time specified.
(1) 
Amount of guarantee.
(a) 
The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Board of Supervisors 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.
(b) 
Subsequent to said adjustment, the Board of Supervisors 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.
(c) 
The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, calculated with labor rates consistent with the Prevailing Wage Laws of Pennsylvania, 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 Engineer shall review and approve the cost estimate or, for good cause, refuse to accept the estimate, in which case he shall calculate an accurate cost estimate of the required site improvements.
(d) 
The estimate shall include a line item for "contingency and inspection," which shall be no less than 10% of the estimated total construction cost. This total amount shall then be considered "the cost of completing the required improvements."
(e) 
If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% of each year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period by using the above bidding procedure. A developer who fails to complete the improvements within the allotted time specified in the financial guarantee shall, at least 30 days in advance of the guarantee expiration date, renew or resubmit a financial guarantee. Failure to keep a financial guarantee in effect until the completion and approval of all improvements shall be a violation of this chapter.
(2) 
Progressive installation. In the case where development is projected over a period of years, the Board of Supervisors may authorize submission of final plats by sections or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.
(3) 
Release from guarantee.
(a) 
As the work of installing the required improvements proceeds, the party posting the financial security may request the release, from time to time, of such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be made in writing to the Board of Supervisors where applicable, and within 45 days of receipt of such request the applicable Township Engineer, shall certify, in writing, to whether or not such portion of the work upon the improvements has been completed in accordance with the approved plat, the Board of Supervisors shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the improvements completed. If the Board of Supervisors fails to act within said forty-five-day period, the release of funds shall be deemed to have been approved as requested. The Board of Supervisors may, prior to final release at the time of completion and certification by its engineer, require retention of 10% of the estimated cost of the aforesaid improvement.
(b) 
The applicant shall assume the necessary expense incurred for the inspection of improvements. Such inspection costs shall be based upon a schedule established by resolution by the Board of Supervisors and amended from time to time as deemed necessary.
C. 
Maintenance security. Prior to final inspection and acceptance of required improvements, the developer shall provide a maintenance agreement and security, in a form and amount approved by the Township Solicitor and Board of Supervisors, to guarantee the developer's maintenance of improvements. The minimum amount of security required is 15% of the total estimated cost of the required improvements posted for a minimum of 18 months following dedication to the Township.
D. 
Release of performance security. The Board of Supervisors may release the performance security received under the agreement of contract, providing:
(1) 
The installation of required improvements passes the inspections of the Township Engineer and the Board of Supervisors.
E. 
Release of maintenance security. The Board of Supervisors may release the maintenance security received under the agreement of contract, providing:
(1) 
The condition of the required improvements listed in the subdivision improvements agreement passes the inspections of the Township Engineer and the Board of Supervisors.
F. 
Remedies to effect completion of improvements. In the event that any required improvements have not been installed as provided in this chapter or in accordance with the approved final plat, the Board of Supervisors is hereby granted the power to enforce any corporate bond, or other security by appropriate legal and equitable remedies. If the proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Board of Supervisors may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other Township purpose. Failure to properly install the required improvements shall also constitute a violation of this chapter, punishable as provided by § 260-75 of this chapter.
The developer shall agree to indemnify and save harmless the Township, the Board of Supervisors, and the Township Engineer against and from any and all loss, cost, damage, liability, and expense on account of damage to property of, or injury to or death of, the parties thereto or third person, caused by, growing out of, or in any way whatsoever attributable to the construction of subdivision and development improvements and the use of the street delineated on the subdivision plat during construction. The developer shall further agree, but without limiting its liability to indemnify the Township, the Board of Supervisors and the Township Engineer, to carry liability insurance contracts with a reliable insurance company covering the period of said construction in the sum of $500,000 to $1,000,000 for injury to or death of person(s), and in the sum of $200,000 for damage to or destruction of property, which insurance contracts shall include the Township, the Board of Supervisors and Township Engineer as named insured.
An application for resubdividing or vacation of a subdivision shall be made by the owner or owners thereof to the Board of Supervisors in the same form as for an original subdivision along with all required maps and other information. The original lots shall be shown by dotted lines, and lot numbers, and other references made to previously recorded subdivision.
A. 
A building or zoning permit may be issued and building construction started only after the approval of the final plat. Occupancy shall not be permitted prior to the completion of streets, stormwater management facilities and other improvements necessary for the reasonable access to and use of the building. The streets shall be completed, at least, to a mud-free condition prior to occupancy being authorized.
B. 
All required traffic signs, signals, street signs, directional and speed limit signs shall be installed by the developer to Township Standards prior to the issuance of the first occupancy permit.
C. 
All items contained in Township Resolution 2004-15 must be addressed by the lot owners and developer prior to issuance of any occupancy permit.
[Amended 6-5-2012 by Ord. No. 2012-03]
A. 
A lot line adjustment plan (lot consolidation plan) shall be submitted as a final plan to the Planning Commission.
B. 
An application for approval of a residential lot line adjustment plan (lot consolidation plan) that does not propose any public or private improvements shall include required plans and supporting documents as outlined in § 260-60. For a nonresidential lot line adjustment plan (lot consolidation plan) or a lot line adjustment plan (lot consolidation plan) involving public and/or private improvements, an application for approval shall include required plans and supporting documents per § 260-58 for a final plan.
C. 
An application for approval of a lot line adjustment plan (lot consolidation plan) shall be processed in accordance with the Pennsylvania Municipalities Planning Code, as amended, and Appendix D of this chapter.[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
D. 
The Board of Supervisors may approve the plan as submitted, reject the plan for reasons stated, or approve the plan subject to conditions acceptable to the applicant. The action of the Board, including any conditions imposed, shall be transmitted to the developer by certified mail, requesting that the developer accept or reject such conditions, in writing, within 30 days of receipt of such notification, and advising the developer that the Board's approval of the plan shall be rescinded automatically upon the developer's failure to accept the imposed conditions, in writing, within 30 days.