Township of Harborcreek, PA Procedures for Submission of Plats

The preliminary plan and all information and procedure relating thereto shall in all respects be in compliance with the applicable provisions of this chapter. It is the responsibility of the subdivider to coordinate his plans pursuant to the provisions of this chapter with the respective private and public service agencies.

Eight copies black-and-white prints of the preliminary plan and four copies of other required material shall accompany a written application to the Supervisors. (See Article IV for preliminary plan specifications.)

A preliminary plan shall be submitted to the Supervisors for approval at least 20 days prior to the Commission meeting at which it is to be considered. The Township shall review the plan for completeness prior to sending the plan to the Commission.

The Supervisors shall notify, by regular mail, the owner of all parcels of land adjacent to the proposed subdivision with contiguous lot lines of the meeting to consider said subdivision.

The Commission shall review the preliminary plan for conformity with this chapter, Chapter 490, Zoning, of the Code, and the Harborcreek Township Comprehensive Plan; shall discuss the plan with the subdivider or his agent, and with the public; and shall confer with the planning agency of adjoining municipalities so as to ensure continuity of street systems.

Preliminary plan procedures.

The Township Planning Department will discuss the preliminary plan with the subdivider or his agent and will refer the plan to the Erie County Department of Planning and the Erie County Department of Health. The Erie County Department of Planning will be given from the date of receipt of a complete application by the county 30 days to review and report to the Township. A sewage facilities planning module will be obtained by the Township Planning Department from the County Department of Health on the suitability of the land for subdivision in relation to public health standards. Any fees for such county reviews will be paid by the applicant to the county agencies. In cases where the subdivision fronts on an existing or proposed state highway or has proposed streets entering on such highways, the subdivider shall submit the plans to the PA Department of Transportation for review.

The Township Planning Department will review the plan to determine if it meets the standards as set forth in this chapter. The Township Planning Department may also discuss the plan with appropriate officials.

Any modifications of the preliminary plan required by the Supervisors as prerequisites to approval shall be noted on four copies of the preliminary plan.

Approval of the preliminary plan shall constitute approval of the subdivision as to the character and intensity of development and the arrangement and approximate dimensions of streets, lots and other planned features, but shall not authorize sale of lots or construction of buildings.

§ 405-14 Final plan.

Submission of final plan.

After the subdivider has received official notification that the preliminary plan has been approved and what changes, if any, must be made if the plan is to proceed to consideration as a final plan, the subdivider has five years in which to submit a final plan. If the subdivider does not do so within a five-year period, the approval of the preliminary plan shall become null and void, unless an extension of time is requested by the subdivider in writing and is granted in writing by the Supervisors before the expiration date.

It is not necessary for the whole plan that received preliminary approval to be submitted as a final plan. The final plan may be submitted in sections, each covering a portion of the entire proposed subdivision shown on the preliminary plan.

When the Supervisors grant an extension of time for the submission of a final plan, the Supervisors shall do one of two things when the final plan is submitted: make a finding that the conditions on which its approval of the preliminary plan was based have not changed substantially; or require changes in the plan, prior to final approval, that will reflect any substantial changes on the site of the subdivision or in its surrounding that have taken place since the grant of preliminary approval.

Four black-and-white prints of the final subdivision plan and two copies of all other required information shall be submitted by the subdivider. A copy of the final plan and a copy of other required information shall concurrently be submitted to the appropriate officials.

For consideration at the next regular meeting of the Commission, the final plan shall be filed with the Supervisors not less than 20 calendar days in advance of such meeting date. (See Article IV for final plan specifications.)

(6)

No plans shall receive final plan approval by the Supervisors unless the subdivider shall have completed all such improvements and the standards required by this chapter or shall have filed financial security, as described in this article, in favor of the Township or other assurance acceptable to the Supervisors.

(7)

The subdivider may place a notation on the final plan to the effect that there is no offer of dedication to the public of certain designated public areas or (in unusual circumstance) streets or alleys, in which event the title to such areas shall remain with the owner, and the Township shall assume no responsibility for improvement or maintenance thereof, which fact shall also be noted on the final plan.

§ 405-15 Approval of plats.

All applications for approval of a plat, whether preliminary or final, shall be acted upon by the governing body within such time limits as may be fixed in the subdivision and land development ordinance but the governing body shall render its decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the governing body or the planning agency (whichever first reviews the application) next following the date the application is filed or after a final order of court remanding an application, provided that should the said next regular meeting occur more than 30 days following the filing of the application or the final order of the court, the said ninety-day period shall be measured from the 30th day following the day the application has been filed.

The decision of the governing body or the planning agency shall be in writing and shall be communicated to the applicant personally or mailed to him at his last-known address not later than 15 days following the decision.

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.

Failure of the governing body or planning agency 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 time or change in manner of presentation of communication shall have like effect.

Changes in the ordinance shall affect plats as follows:

From the time an application for approval of a plat, 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, 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 a application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations.

When an application for approval of a plat, whether preliminary or final, has been approved without conditions or approved by the applicant's acceptance of conditions, 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. The five-year period shall be extended for the duration of any litigation, including appeals, which prevent the commencement of completion of the development, and for the duration of any sewer or utility moratorium or prohibition which was imposed subsequent to the filing of an application for preliminary approval of a plat. In the event of an appeal filed by any party from the approval or disapproval of a plat, the five-year period shall be extended by the total time from the date the appeal was filed until a final order in such matter has been entered and all appeals have been concluded and any period for filing appeals or requests for reconsideration have expired; provided, however, no extension shall be based upon any water or sewer moratorium which was in effect as of the date of the filing of a preliminary application.

Where final approval is preceded by preliminary approval, the aforesaid 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.

Where the landowner has substantially completed the required improvements as depicted upon the final plat within the aforesaid five-year limit, or any extension thereof as may be granted by the governing body, no change of municipal ordinance or plan enacted subsequent to the date of filing of the preliminary plat shall modify or revoke any aspect of the approved final plat pertaining to zoning classification or density, lot building, street or utility location.

In case of a preliminary plat calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the landowner with the preliminary plat delineating all proposed sections as well as deadlines within which applications for final plat approval of each section are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plat approval, until final plat approval of the final section has been granted, and any modification in the aforesaid schedule shall be subject to approval of the governing body in its discretion.

(6)

Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of 25% of the total number of lots/dwelling units as depicted on the preliminary plan, unless a lesser percentage is approved by the governing body in its discretion. Provided the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plat approval, including compliance with landowner's aforesaid schedule of submission of final plats for the various sections, then the aforesaid protections afforded by substantially completing the improvement depicted upon the final plat within five years shall apply, and for any section or sections beyond the initial section in which the required improvements have not been substantially completed within said five-year period, the aforesaid protections shall apply for any additional term or terms of three years from the date of final plat approval for each section.

(7)

Failure of landowner to adhere to the aforesaid schedule of submission of final plats for the various sections shall subject any such section to any and all changes in zoning, subdivision and other governing ordinance enacted by the municipality subsequent to the date of the initial preliminary plan submission.

Before acting on any subdivision plat, the governing body may hold a public hearing thereon after public notice.

No plat which will require access to a highway under the jurisdiction of the Department of Transportation shall be finally approved unless the plat contains 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 highway is permitted. The Department shall, within 60 days of the date of receipt of an application for a highway occupancy permit 1) approve the permit, which shall be valid thereafter unless, prior to commencement of construction thereunder, the geographic, physical or other conditions under which the permit is approved change, requiring modification or denial of the permit, in which event the Department shall give notice thereof in accordance with regulations; 2) deny the permit; 3) return the application for additional information or correction to conform with Department regulations; or 4) determine that no permit is required, in which case the Department shall notify the municipality and the applicant in writing. If the Department shall fail to take any action within the sixty-day period, the permit will be deemed to be issued. The plat shall be marked to indicate that access to the state highway shall be only as authorized by a highway occupancy permit. Neither the Department nor any municipality to which permit-issuing authority has been delegated under Section 420 of the "State Highway Law" shall be liable in damage for any injury to persons or property arising out of the issuance or denial of a driveway permit, or for failure to regulate any driveway. Furthermore, the municipality from which the building permit approval has been requested shall not be held liable for damages to persons or property arising out of the issuance or denial of a driveway permit by the Department. In no case, however, shall a subdivision or land development be approved until a state highway occupancy permit is received by the Township or deemed approved per 4) above.

[1]

Editor's Note: See 36 P.S. § 670-420.

§ 405-16 Completion of improvements or guarantee thereof prerequisite to final plat approval.

No plat shall be finally approved unless the streets shown on such plat have been improved to a mud-free or otherwise permanently passable condition, or improved as may be required by this chapter, and any walkways, sidewalks, curbs, gutters, streetlights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements as may be required by this chapter have been installed in accordance with such chapter. In lieu of the completion of any improvements required as a condition for the final approval of a plat, including improvements or fees required pursuant to this section, this chapter shall provide for the deposit with the municipality of financial security in an amount sufficient to cover the costs of such improvements or common amenities, including, but not limited to, sidewalks, roads, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings which may be required. The applicant shall not be required to provide financial security for the costs of any improvements for which financial security is required by and provided to the Pennsylvania Department of Transportation in connection with the issuance of a highway occupancy permit pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law."[1]

[1]

Editor's Note: See 36 P.S. § 670-420.

When requested by the developer in order to facilitate financing, the governing body shall furnish the developer with a signed copy of an official notification indicating approval of the final plat contingent upon the developer obtaining a satisfactory financial security. The final plat or record plan shall not be signed or 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 governing body; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.

Without limitation as to other types of financial security which the municipality may approve, which approval shall not be unreasonably withheld, federal or commonwealth-chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this section.

Such financial security shall be posted with a bonding company or federal or commonwealth-chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct business within the commonwealth.

Such bond, or other security shall provide for and secure to the public the completion of any improvements which may be required on or before the date fixed in the formal action or approval of accompanying agreement for completion of the improvements.

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 municipality 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 municipality may require the developer to post additional security in order to assure that the financial security equals but does not exceed said 110%. Any additional security shall be posted by the developer in accordance with this subsection.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The amount of financial security 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 the commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The municipality, upon the recommendation of the Municipal Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the municipality 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 municipality 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 municipality and the applicant or developer.

If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period by using the above bidding procedure.

In the case where development is projected over a period of years, the governing body or the planning agency may authorize submission of final plats by section 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.

As the work of installing the required improvements proceeds, the party posting the financial security may request the Board of Supervisors to release or authorize the release, from time to time, such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such request shall be in writing, addressed to the Board of Supervisors, and the Supervisors shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, to the Supervisors that such portion of the work upon the improvement has been completed in accordance with the approved plat. Upon such certification, the Board of Supervisors shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer fairly representing the value of the improvements completed or, if the Board of Supervisors fails to act within said forty-five-day period, the Board of Supervisors shall be deemed to have approved the release of funds as requested. The Supervisors may, prior to final release at the time of completion and certification by the Township Engineer, retain 10% of the estimated cost of the remaining improvement.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Where the governing body accepts dedication of all or some of the required improvements following completion, the governing body shall require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plat for a term of 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.

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 municipality, 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 with the financial security as otherwise required by this section.

If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this section, the municipality shall not condition the issuance of building, grading or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plat upon actual completion of the improvements depicted upon the approved final plat. Moreover, if said financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following the improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approval plat, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonable use of or occupancy of the building or buildings. Any ordinance or statute inconsistent herewith is hereby expressly repealed.

§ 405-17 Release from improvement bond.

When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the municipal governing body, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Municipal Engineer. The municipal governing body shall, within 10 days after receipt of such notice, direct and authorize the Municipal Engineer to inspect all of the aforesaid improvements. The Municipal Engineer shall, thereupon, file a report, in writing, with the municipal governing body, and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Municipal Engineer of the aforesaid authorization from the governing body; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvement, or any portion thereof, shall not be approved or shall be rejected by the Municipal Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.

The municipal governing body shall notify the developer, within 15 days of receipt of the engineer's report, in writing by certified or registered mail for the action of said municipal governing body with relation thereto.

If the municipal governing body or the Municipal Engineer fails to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the developer shall be released from all liability, pursuant to its performance guaranty bond or other security agreement.

If any portion of the said improvements shall not be approved or shall be rejected by the municipal governing body, the developer shall proceed to complete the same and, upon completion, the same procedure of notification as outlined herein shall be followed.

Nothing herein, however, shall be construed in limitation of the developer's right to contest or question by legal proceedings or otherwise any determination of the municipal governing body or the Municipal Engineer.

Where herein reference is made to the "Municipal Engineer," he shall be a duly registered professional engineer employed by the municipality or engaged as a consultant thereto.

The Township may prescribe that the applicant shall reimburse the Township for the reasonable and necessary expense incurred in connection with the inspection of improvements. The applicant shall not be required to reimburse the Board of Supervisors for any inspection which is duplicative of inspections conducted by other governmental agencies or public utilities. The burden of proving that any inspection is duplicative shall be upon the objecting applicant. Such reimbursement shall be based upon a schedule established by ordinance or resolution. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Township's professional consultant for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the professional consultant to the Township for comparable services when fees are not reimbursed or otherwise imposed on applicants.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

The Board of Supervisors shall submit to the applicant an itemized bill showing the work performed in connection with the inspection of improvements performed, identifying the person performing the services and the time and date spent for each task. In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, no later than 100 days after the date of transmittal of a bill for inspection services, notify the Township and the Township's professional consultant that such inspection expenses are disputed as unreasonable or unnecessary and shall explain the basis of their objections to the fees charged, in which case the Township shall not delay or disapprove a request for release of financial security, a subdivision or land development application or any approval or permit related to development due to the applicant's dispute of inspection expenses. Failure of the applicant to dispute a bill within 100 days shall be a waiver of the applicant's right to arbitration of that bill under this section.

Subsequent to the final release of financial security for completion of improvements for a subdivision or land development or any phase thereof, the professional consultant shall submit to the Board of Supervisors a bill for inspection services, specifically designated as a final bill, which the Supervisors shall submit to the applicant. The final bill shall include inspection fees incurred through the release of financial security.

If the professional consultant and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant shall have the right, within 100 days of the transmittal of the final bill or supplement to the final bill to the applicant, to request the appointment of another professional consultant to serve as an arbitrator. The applicant and professional consultant whose fees are being challenged shall, by mutual agreement, appoint another professional consultant to review any bills the applicant has disputed and which remain unresolved and make a determination as to the amount thereof which is reasonable and necessary. The arbitrator shall be of the same profession as the professional consultant whose fees are being challenged.

The arbitrator so appointed shall hear such evidence and review such documentation as the arbitrator in his or her sole opinion deems necessary and shall render a decision no later than 50 days after the date of appointment. Based on the decision of the arbitrator, the applicant or the professional consultant whose fees were challenged shall be required to pay any amounts necessary to implement the decision within 60 days. In the event the Township has paid the professional consultant an amount in excess of the amount determined to be reasonable and necessary, the professional consultant shall within 60 days reimburse the excess payment.