[Ord. No. 8/28/1974, 8/28/1974]
1. 
A subdivision sketch plan may be submitted by the subdivider as a basis for informal and confidential discussion with the Township Supervisors, Township Planning Commission and County Planning Commission.
2. 
Data furnished in a sketch plan shall be at the discretion of the subdivider. For fullest usefulness it is suggested that a subdivision sketch plan should include the following information:
A. 
Tract boundaries.
B. 
Municipality in which the subdivision is located.
C. 
North point.
D. 
Streets on and adjacent to the tract.
E. 
Significant topographical and physical features.
F. 
Proposed general street layout.
G. 
Proposed general lot layout.
3. 
A subdivision sketch plan need not be to exact scale nor are precise dimensions required.
[Ord. No. 8/28/1974, 8/28/1974; Ord. No. 1991-1, 1/7/1991]
1. 
The preliminary plan shall show or be accompanied by the following information:
A. 
Proposed subdivision name or identifying title.
B. 
Municipality in which the subdivision is located.
C. 
North point, scale and date.
D. 
Name of owner of the property, his authorized agent or the subdivider.
E. 
Name of registered professional engineer, surveyor, or architect responsible for the plan.
F. 
Tract boundaries with bearings and distances.
G. 
Contours at vertical intervals of five feet or, in the case of relatively level tracts, at such interval as may be necessary for the satisfactory study and planning of the tract. (See Subsection 2. in § 22-804.) This may be waived at the discretion of the Board of Supervisors.
H. 
Datum to which contour elevations refer. Where reasonably practicable, data shall refer to known established elevations.
I. 
All existing watercourses, tree masses, and other significant natural features.
J. 
All existing buildings, sewers, water mains, culverts, petroleum or petroleum products lines, fire hydrants, and other significant man-made facilities.
K. 
All existing streets on or adjacent to the tract, including name, right-of-way width and cartway.
L. 
All existing property lines, easements and rights-of-way, and the purpose for which the easements or rights-of-way have been established.
M. 
Location and widths of all proposed streets, streets' names to be given, alleys, rights-of-way and easements; proposed minimum setback line for each street; playgrounds, public buildings, public areas and parcels of land proposed to be dedicated for public use.
N. 
Wherever practicable, the preliminary plan shall show the names of the owners of all abutting unplotted land and the names of all abutting subdivisions.
O. 
Where the preliminary plan covers only a part of the subdivider's entire holding, a sketch shall be submitted of the prospective street layout for the remainder.
P. 
All zoning boundaries, if any, that traverse or are within 300 feet of the area covered by the plan.
Q. 
All street extensions or spurs as are reasonably necessary to provide adequate street connections and facilities to adjoining or contiguous developed or undeveloped areas.
R. 
Preliminary plans shall show proposed water supply system and sewage disposal system.
S. 
Proposed lot layout.
T. 
A tract map showing the subdivision boundaries drawn to the scale of the official Township Zoning Map.
U. 
Boundaries of the 100-year flood limits based on the Flood Insurance Study of February 1978, as prepared for Walker Township by the Flood Insurance Administration.
2. 
The preliminary plan shall include or be accompanied by the following:
A. 
The subdivider, unless excused by the Board of Supervisors, shall submit a sewer and water feasibility report concerning the availability and/or adaptability of sewer and water facilities in or near the proposed subdivision. Said report shall be prepared by a registered professional engineer and be submitted with the preliminary plan for review and recommendations by the local office of the Pennsylvania Department of Environmental Protection. The sewer and water feasibility report shall contain engineering and cost data, evaluations, and recommendations sufficient to enable the Planning Commission to evaluate the reasons for or against providing the subdivision with various means of waste disposal and water supply. The requirements of this Subsection 2A will be met if, as a minimum, the following material is provided in the Sewer and Water Feasibility Report:
(1) 
A map of the area to be subdivided or land development locating elements of existing community sewer and water systems, including fire hydrants, water mains, water towers; collector, interceptor and trunk sewers; and pumping stations.
(2) 
An evaluation of costs and public interest factors in providing waste disposal and water supply by three different means:
(a) 
Connection to an existing public sewer and/or water system.
(b) 
Reliance on a private community sewer and/or water system.
(c) 
Reliance on on-lot sewer and/or water system.
(3) 
The results of soil percolation tests. Soil percolation tests shall be performed pursuant to Act 537, The Pennsylvania Sewage Facilities Act, and current Rules and Regulations of the Department of Environmental Protection for each lot in subdivisions where buildings at the time of construction will not be connected to any active public sewage disposal system.
(4) 
Recommendations stating the engineer's professional opinion as to the means of disposal and water supply that will be preferable in the short- and long-term interest of the community in which the subdivision is located.
B. 
In the further interest of the health, safety and welfare of the general public, the Township reserves the right to require the developer to submit a plan for erosion and sedimentation control, where necessary. In the event that any developer shall intend to make changes in the contour of any land proposed to be subdivided, developed or changed in use by grading, excavating or the removal or destruction of the natural topsoil, trees or other vegetative covering thereon under a site plan or subdivision plat submitted to the Township, the same shall only be accomplished after the owner of said land or his agent has submitted to the Board of Supervisors a plan for erosion and sedimentation control or there has been a determination that such a plan is not necessary. This determination shall be made at the time the Sketch Plan is reviewed. The designer preparing the drawings shall include in the plans adequate measures for control of erosion and siltation where he deems necessary, using the guidelines and policies contained therein and in the County Erosion Handbook of the County Soil and Water Conservation District. Plans for the control of erosion and sedimentation shall be submitted by the Township to the County Soil and Water Conservation District for review by the Natural Resources Conservation Service at the time the preliminary plan is submitted. The reviewed plan for erosion and sedimentation control and the control practices will be incorporated into an agreement and bond requirements. The agreement for bonding shall include a cash escrow guarantee which will assure the Township that emergency measures could be taken by the Township at the developer's expense if said developer does not initiate such action within a specified time. The final plans shall be recorded only after the agreement has been signed. At the final plan approval stage, a review will be conducted to insure conformance with the plan as approved. The following control measures will be the type of required measures for an effective plan for erosion and sedimentation control:
(1) 
The smallest practical area of land should be exposed at any one time during development.
(2) 
When land is exposed during development, the exposure should be kept to the shortest practical period of time.
(3) 
Where necessary, temporary vegetation and/or mulching should be used to protect areas exposed during development.
(4) 
Sediment basins (debris basins, desilting basins, or silt traps) should be installed and maintained to remove sediment from runoff waters from land undergoing development.
(5) 
Provisions should be made to effectively accommodate the increased runoff caused by changed soil and surface conditions during and after development.
(6) 
The permanent final vegetation and structures should be installed as soon as practical in the development.
(7) 
The development plan should be fitted to the topography and soils so as to create the least erosion potential.
(8) 
Wherever feasible, natural vegetation should be retained and protected. Indiscriminate cutting of trees is prohibited.
(9) 
Data on various practices and methods of controlling erosion and sedimentation are available at the offices of the County Soils and Water Conservation District. Other agencies available for consultation are: Department of Environmental Protection, the Natural Resources Conservation Service and the County Planning Commission.
(10) 
Specific details of proposed excavations and fills shall be shown on the subdivision plans.
C. 
Water Supply. If water is to be provided by means other than private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the Board of Supervisors that the subdivision is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable.
[Ord. No. 8/28/1974, 8/28/1974; Ord. No. 1991-1; 1/7/1991]
1. 
The subdivision plan submitted for final approval shall be a clear and legible white linen reproducible drawing.
2. 
Final plans shall be on sheets 27 inches by 33 inches suitable for recording. Where two or more sheets are required, there shall be a key diagram on each sheet showing the relative location of all sections.
3. 
For subdivisions containing five or less lots, the scale shall be at either one inch equals 400 feet or one inch equals 100 feet. The final plan shall also include the following information:
A. 
Subdivision name or identifying title.
B. 
Municipality in which the subdivision is located.
C. 
North point, date and scale.
D. 
Name of the record owner and subdivider.
E. 
Name and seal of the registered professional engineer or surveyor responsible for the plan.
F. 
Boundaries of the tract.
G. 
Street lines, lot lines, rights-of-way, easements, and areas dedicated or proposed to be dedicated to public use.
H. 
Sufficient data to determine readily the location, bearing and length of every street, lot, boundary line and to produce such lines upon the ground.
I. 
The length of all straight lines, radii, lengths of curves and tangent bearings for each street.
J. 
All dimensions and angles or bearings of the lines of each lot and of each area proposed to be dedicated to public use.
K. 
The proposed building setback line for each street or the proposed placement of each building.
L. 
Location and width of all private driveways.
M. 
Location, size and invert elevation of all sanitary, storm and combined sewers and location of all manholes, inlets and culverts.
N. 
All dimensions shall be shown in feet and hundredths of a foot.
O. 
Lots within a subdivision shall be numbered.
P. 
Names of streets within and adjacent to the subdivision shall be shown and street signs erected.
Q. 
Permanent reference monuments shall be shown on the plan as thus:
R. 
Names of the owners of any adjoining subdivision shall be shown.
S. 
Names of the owners of any adjoining unplotted land shall be shown.
T. 
All zoning boundaries, if any, that traverse or are within 300 feet of the area covered by the plan.
U. 
The results of the percolation tests as may be required in § 22-513.4.
4. 
The final plan shall include thereon or be accompanied by:
A. 
Affidavit that the applicant is the owner of or equitable owner of the land proposed to be subdivided.
B. 
A statement duly acknowledged before an officer authorized to take acknowledgment of deeds and signed by the owner or owners of the property, to the effect that the subdivision as shown on the final plan is made with his or their free consent, that it is desired to record the same.
C. 
Typical cross sections and street profiles for all streets. Such profiles shall show at least the following: existing (natural) grade along the proposed street center line; existing (natural) grade along each side of the proposed street right-of-way; proposed finished center-line grade or proposed finished grade at top of curbs; sanitary sewer mains and manholes; storm sewer mains, inlets, manholes, and culverts.
D. 
A map showing the exact location and elevation of all proposed buildings, structures, roads, and public utilities to be constructed within any designated floodplain district. All such maps shall show contours at intervals of two feet and identify accurately the boundaries of the flood-prone areas.
E. 
A certificate by the subdivider's engineer that any required improvements which have been installed have been installed in accordance with the procedures, specifications, and standards of the Township, the county, the state or utility company.
F. 
Water Supply. If water is to be provided by means other than private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the Board of Supervisors that the subdivision is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of a Certificate of Public Convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable.
[Ord. No. 8/28/1974, 8/28/1974; Ord. No. 1991-1; 1/7/1991]
1. 
The Board of Supervisors may grant a modification of the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this chapter is observed.
2. 
All requests for a modification shall be in writing and shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of this chapter involved and the minimum modification necessary.
3. 
The request for modification shall be referred to the Planning Commission for advisory comments.
4. 
The Board of Supervisors shall keep a written record of all action on all requests for modifications.
[Ord. No. 8/28/1974, 8/28/1974; Ord. No. 1991-1; 1/7/1991]
1. 
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 otherwise required by this chapter and any walkways, 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 this chapter. In lieu of the completion of any improvements required as a condition for the final approval of a plat, including improvements or fees otherwise required by this chapter, the developer may deposit with the Township financial security in an amount sufficient to cover the costs of such improvements or common amenities including basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings which may be required.
2. 
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 record 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.
3. 
Without limitation as to other types of financial security which the Township 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.
4. 
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 such business within the Commonwealth.
5. 
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 of approval or accompanying agreement for completion of the improvements.
6. 
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 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.
7. 
The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by the 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.
8. 
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.
9. 
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.
10. 
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, of such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the Board of Supervisors, and the Board of Supervisors shall have 45 days from receipt of such request within which to allow the Township Engineer to certify, in writing, to the Board of Supervisors that such portion of the work upon the improvements 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 45 day period, the Board of Supervisors shall be deemed to have approved the release of funds 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 improvements.
11. 
Where the Board of Supervisors accepts dedication of all or some of the required improvements following completion, the Board of Supervisors may 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 not to exceed 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.
12. 
If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from the Township, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section.
13. 
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 Township 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 approved 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.
[Ord. No. 8/28/1974, 8/28/1974; Ord. No. 1991-1; 1/7/1991]
1. 
When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Board of Supervisors, in writing, by certified or registered mail, of the completion of the aforesaid improvements and shall send a copy thereof to the Township Engineer. The Board of Supervisors shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall, thereupon, file a report in writing, with the Board of Supervisors, 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 Township Engineer of the aforesaid authorization from the Board of Supervisors; said report shall be detailed and shall indicate approval or rejection of said improvements, either in whole or in part, and if said improvements, or any portion thereof, shall not be approved or shall be rejected by the Township Engineer, said report shall contain a statement of reasons for such nonapproval or rejection.
2. 
The Board of Supervisors shall notify the developer, within 15 days of receipt of the engineer's report, in writing by certified or registered mail, of the action of said Board of Supervisors with relation thereto.
3. 
If the Board of Supervisors or the Township 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.
4. 
If any portion of the said improvements shall not be approved or shall be rejected by the Board of Supervisors, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.
5. 
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 Board of Supervisors or the Township Engineer.
6. 
Where herein reference is made to the Township Engineer, he shall be as a consultant thereto.
7. 
The applicant or developer shall reimburse the Township for the reasonable and necessary expense incurred for the inspection of improvements according to a schedule of fees adopted by resolution of the Board of Supervisors and as from time to time amended. Such expense shall be reasonable and in accordance with the ordinary and customary fees charged by the Township Engineer or 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 engineer or consultant to the Township when fees are not reimbursed or otherwise imposed on applicants.
A. 
In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, the applicant shall, within 10 working days of the date of billing, notify the Township that such expenses are disputed as unreasonable or unnecessary, in which case the Township shall not delay or disapprove a subdivision or land development application or any approval or permit related to development due to the applicant's request over disputed engineer expenses.
B. 
If, within 20 days from the date of billing, the Township and the applicant cannot agree on the amount of expenses which are reasonable and necessary, then the applicant and the Township shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsylvania to review the said expenses and make a determination as to the amount thereof which is reasonable and necessary.
C. 
The professional engineer so appointed shall hear such evidence and review such documentation as the professional engineer in his or her sole opinion deems necessary and render a decision within 50 days of the billing date. The applicant shall be required to pay the entire amount determined in the decision immediately.
D. 
In the event that the Township and applicant cannot agree upon the professional engineer to be appointed within 20 days of the billing date, then, upon application of either party, the President Judge of the Court of Common Pleas of the judicial district in which the Township is located (or if at the time there be no President Judge, then the senior active judge then sitting) shall appoint such engineer, who, in that case, shall be neither the Township Engineer nor any professional engineer who has been retained by, or performed services for, the Township or the applicant within the preceding five years.
E. 
The fee of the appointed professional engineer for determining the reasonable and necessary expenses shall be paid by the applicant if the amount of payment required in the decision is equal to or greater than the original bill. If the amount of payment required in the decision is less than the original bill by $1,000 or more, the Township shall pay the fee of the professional engineer, but otherwise the Township and the applicant shall each pay 1/2 of the fee of the appointed professional engineer.
[Ord. No. 8/28/1974, 8/28/1974; Ord. No. 1991-1; 1/7/1991]
In the event that any improvements which may be required have not been installed as provided in this chapter or in accord 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 of 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.