A. 
Any applicant seeking approval of a minor subdivision (see § 167-5A) may disregard the preliminary plan (plat) review and submit a final plan (plat) application.
B. 
This procedure shall also apply to any adjustment of property lines that does not create additional lots, or any combination of existing lots or parts to eliminate existing lots.
C. 
The plat for recording shall be a scaled drawing clearly showing the required information, prepared in ink on Mylar material, in a digital format required by the Township and on an eight-and-one-half-inch by eleven-inch transparency and containing the following information as well as the material required in § 167-13:
(1) 
A vicinity map showing the relationship of the plan to nearby major roads and landmarks.
(2) 
The perimeter boundary lines of the entire property within which the subdivision is proposed to occur and subdivision lines proposed within the property, each line or arc described by bearings to the nearest second and distance, accurate to the nearest hundredth of a foot.
(3) 
Abutting street right-of-way and street pavement, with widths and names of roads indicated, and location of sewer, water and/or gas lines or any other public utility, if any, some or all of these are present.
(4) 
Building setback line of each lot, and location of any easements crossing or abutting the property, indicating purpose of the easement.
(5) 
Area of each lot or parcel to be created and area of property remaining after subdivision.
(6) 
Names of owners of abutting properties and of those directly across an intervening street.
(7) 
Location of monuments and markers, existing and proposed, delineating the corners of the plan and each lot.
(8) 
Certification of the Sewage Enforcement Officer attesting that the lots to be created are of adequate size for on-lot sewage disposal if they are not to be connected to a public system; and indicating the type of disposal systems required.
(9) 
State highway occupancy notice, if access is to a state highway.
(10) 
Title block in the lower right corner of the drawing, indicating the name and address of the owner, date of original submission and later revisions, name and address of registered land surveyor preparing the plan with his Pennsylvania seal affixed, scale of the plan, North arrow, certificates of title clause, Engineer's certification, specific variances and/or modifications, if any, granted to the plan, Township Planning Commission review, Board of Supervisors approval, County Planning Commission review and proof of recording (see Appendix A attached to this chapter).[1]
[1]
Editor's Note: Appendix A is included at the end of this chapter.
D. 
The owner/applicant shall submit to the Zoning Officer for review by the Planning Commission at least 28 days prior to a regular meeting three copies of the proposed subdivision plat.
E. 
The Commission shall review the plan and provide copies to the Board of Supervisors and to the Sewage Enforcement Officer. The Commission shall note deficiencies it discovers in the plan in its minutes and inform the owner/applicant of them, requesting correction or additional information.
F. 
The owner/applicant shall submit the required number of copies of the plan, as specified in this article, and accompanying information to the County Planning Commission immediately after the Township Planning Commission's initial review.
G. 
The Township Planning Commission shall communicate the results of its review and recommendations of the plan to the Board of Supervisors, and the Board shall render its decision within 90 days of the Planning Commission meeting at which the plan was first reviewed as an agenda item. The Board's decision shall be based on the plan to be recorded. (In no case shall the Board make its decision until it has received the review comments from the County Planning Commission or until 30 days has passed since the owner/applicant submitted the plan to the County Planning Commission, whichever occurs first.)
H. 
Failure of the Board of Supervisors to render a decision within 90 days of the date of the Planning Commission meeting at which the plan was first reviewed and to communicate the decision to the owner/applicant within 15 days thereafter shall be deemed an approval of the application as presented unless the owner/applicant agrees in writing to a mutually agreeable extension.
I. 
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 or 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.
J. 
Once the owner/applicant has received final approval, as indicated by the signatures of the Chairman of the Board of Supervisors and the Township Secretary, he shall file his plan with the Butler County Recorder of Deeds within 90 days thereafter. Failure to record within the time limit shall render the plan null and void, requiring submittal of the plan for reapproval.
K. 
In the case of a lot consolidation or minor (1/4 acre, 10,890 square feet or less) reciprocal transfer of equal land areas between two property owners, administrative review and approval by the Township Zoning Officer and Township Engineer shall replace the two-step Planning Commission recommendation and Board of Supervisors approval process, as follows:
(1) 
The consolidation or reciprocal transfer shall not create lots or parcels in violation of any current applicable zoning requirements nor create situations detrimental to health, safety or welfare of the general public.
(2) 
Lots proposed for consolidation or reciprocal transfer may be legally nonconforming at the time of review, but in no case shall a lot be made nonconforming by the action proposed.
(3) 
Said administrative review and approval by the Township Zoning Officer and Township Engineer shall be followed by the signing of the plat by the Chairman of the Board of Supervisors and attested by the Township Secretary prior to recording at the Butler County Recorders Office.
(4) 
Administrative denial of a consolidation or reciprocal transfer plan may be referred to the Board of Supervisors on appeal, whose decision shall be binding.
A. 
Any owner/applicant seeking approval of a major subdivision plan is urged to present his concept plan at a regular meeting of the Adams Township Planning Commission. The owner/applicant shall request from the Zoning Officer, at least 25 days prior to the meeting, a preapplication review and discussion.
B. 
The material presented should include a scaled plan of the property to be developed, including lot layout, adjacent public roads (location and widths), streams, easements (location and widths), natural and man-made features presently on the property, utility lines to serve the development and proposed use of the property or parts of the property as the result of the development activities proposed.
C. 
The purpose of the meeting is to acquaint the Planning Commission with the proposed development, to indicate to the owner/applicant the constraints upon development contained in this chapter and other municipal ordinances upon the proposed development, to discuss the impact of the proposal upon the Township and to suggest to the owner/applicant the procedures he should follow to gain approval. Such review and comment shall not be related to any time limit and shall not be binding on any subsequent action of the Township.
D. 
The owner/applicant shall be apprised of the required method of payment for costs associated with consultant review fees, technical reports, inspections and related services. Owner/applicant shall be responsible for all such costs.
A. 
Owners/applicants seeking approval of a major subdivision shall submit three copies of all application materials to the Zoning Officer, including an eight-and-one-half-inch by eleven-inch transparency not less than 28 days prior to the regular Planning Commission meeting at which the plan is to be presented.
B. 
The Planning Commission shall review the submitted documents at its next regularly scheduled meeting, following a determination by the Zoning Officer that it is a completed application, in the presence of the owner/applicant or his representative. The Commission may table the submission if the owner/applicant or his representative are not present and/or certain aspects of the plan as submitted are deficient. The completed submission shall be reviewed as to its conformance with the requirements of this chapter and with other applicable Township regulations. If the Commission is satisfied that all requirements have been met, it shall submit it's recommendations to the Board of Supervisors.
C. 
Professional consulting services deemed appropriate by the Township for review of the plan shall be paid by the owner/applicant. In addition to the administrative fee, applicants shall deposit with Adams Township funds in the form of an escrow account or cash deposit in an amount required to cover the costs of consultants to review and comment on the application submitted. Such escrow accounts or deposits shall be as identified in the schedule of fees adopted by the Board of Supervisors.
D. 
If the Commission is not satisfied that all requirements have been met, it will indicate the specific deficiencies to the owner/applicant in writing. The owner/applicant shall then make appropriate revisions and additions to the plan documents before again submitting them for a preliminary approval. The application may be forwarded with deficiencies noted. The Commission may call and hold a public hearing on the development proposal, properly noticed, provided such hearing is commenced within 45 days of receipt of a completed application.
E. 
The Board of Supervisors shall render a decision as to approval, disapproval or approval with conditions not later than 90 days following the date of the meeting at which the preliminary application was initially reviewed by the Planning Commission, and not subsequently rejected due to incompleteness. The decision shall be based on the recommendations of the Planning Commission, field visits to the property proposed to be divided or developed and the comments of the County Planning Commission. The official decision shall be transmitted in writing to the owner/applicant at his address of record not later than 15 days after the decision is reached indicating specifically, when the approval is denied, the reasons for denial, citing the appropriate chapter section and the steps needed to gain compliance.
F. 
Failure to render a decision. Failure of the Board of Supervisors to render a decision and/or communicate it to the owner/applicant within the time and in the manner specified in this section shall be deemed an approval of the application as presented unless the owner/applicant has agreed in writing to an extension of time or change in the manner of presentation of communication of the decision.
G. 
Amendment of ordinances affecting applications. From the time an application for approval of a subdivision or land development is duly filed and while such application is pending approval or disapproval, no change or amendment of this chapter or other regulations affecting development in the Township shall influence the decision on such application adversely to the owner/applicant, and the owner/applicant 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 chapter or other ordinances. When an application has been approved or approved subject to conditions acceptable to the owner/applicant, no subsequent change or amendment to this chapter or other ordinances affecting development in the Township shall be applied to influence adversely the right of the owner/applicant 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 (See Section 508 of Act 247, as amended).
H. 
Interpretation of approval. 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.
A. 
Existing conditions map at a scale of one inch equals 100 feet or larger (i.e., one inch equals 50 feet, one inch equals 40 feet, etc.) showing:
(1) 
Contours at five-foot intervals throughout the property [may be interpolated from United States Geological Survey (USGS) data].
(2) 
Boundary of the property indicating bearings and distances of each line enclosing the property.
(3) 
Area of the property.
(4) 
Boundaries, where they adjoin the property under consideration, of abutting properties or lot plans, indicating names of abutting owners of lot plans within 100 feet of subject property.
(5) 
Existing streets or roads abutting the property or within 50 feet of the parcel boundary line, indicating name, type of surfacing, right-of-way width and paving width.
(6) 
Existing easements, if any, indicating width, bearings, distances, use and lessee within or adjacent to the property.
(7) 
Existing electric, telephone, sanitary sewer, water and/or gas lines, or other public utility, if any, in abutting streets or within 50 feet of the boundary of the property, indicating line (pipe) size, manholes, hydrants and similar appurtenances.
(8) 
Existing streams or watercourses on the property or within 50 feet of the parcel boundary, together with culverts, inlets and/or storm drain lines, if any.
(9) 
Boundaries of the one-hundred-year floodplain from Federal Emergency Management Agency maps, if applicable.
(10) 
Vegetative cover in approximate location and/or other natural features.
(11) 
Existing buildings, structures or other significant man-made features such as driveways or walls within the property or within 50 feet of it.
(12) 
North arrow, graphic scale, date that map was prepared, name and address of registered land surveyor who prepared the map (including his Pennsylvania seal), name of the subdivision or land development and names and addresses of owners of record of the property, together with the developer's name and address if not the owner.
(13) 
Vicinity map at a scale of one inch equals 2,000 feet showing the position of the plan relative to major roads and landmarks in the vicinity.
(14) 
Butler County Soils Classification Map.
B. 
Subdivision plan at the same scale as the existing conditions map and combined with it as one drawing if preferable, showing:
(1) 
Proposed lot plan, indicating minimum and typical lot sizes, minimum and typical lot widths at front building line, setback line from street rights-of-way, proposed use of each lot and identification number in each lot running consecutively through the plan;
(2) 
Proposed street plan indicating right-of-way widths, pavement widths, approximate grades and street names;
(3) 
Proposed plan for surface storm drainage management, including location of culverts, inlets, detention basins, outfalls and natural drainageways;
(4) 
A plan or description for sanitary sewers and/or water supply systems, whether proposed as public or private, including points of connection to existing systems;
(5) 
Location and size of the area to be set aside for recreation, community use, common open space or permanent open space, if any; and
(6) 
Proposed location of easements through or into the plan, indicating width and use.
C. 
Soil percolation tests conducted under the direction of the Township Sewage Enforcement Officer, with the location of the test holes shown on the subdivision plan and the test hole data shown separately in the event the plan will not be connected to a public sewer system.
D. 
Water availability and water development impact study:
(1) 
Where water to service the plan is intended to be secured by way of a public water system or an extension of water lines from a company regulated by the Pennsylvania Public Utilities Commission or a public authority, the owner/applicant or applicant shall furnish a letter from such company or authority, in a form acceptable to the Township, evidencing the availability of water to service the plan and any applicable conditions thereto.
(2) 
In all other cases where the plan will not be served by an existing public water system regulated by the Pennsylvania Public Utilities Commission or organized as a public authority, the owner/applicant shall be required to conduct a water development impact study as hereinafter set forth. In the event that the water development impact study conducted for a subdivision or new land development that will not be served by a public water supply indicates that a reasonable likelihood exists that the proposed development will not provide for a reliable, safe and adequate water supply to support the intended uses within the capacity of available resources, such factors shall constitute grounds for disapproval of the subdivision or land development plan.
(a) 
Exception from water development impact study. No water development impact study shall be required for the division of any complete lot, complete parcel or tract of land or part thereof into not more than 10 lots, parcels or tracts for the imminent or future conveyance, transfer, improvement, sale or lease and where there is no intent on the part of the owner/applicant or his successors that a subsequent division of the original lot, parcel or tract of land would create a total of more than 10 lots, parcels or tracts until compliance with the requirements for water development impact study have been met.
(b) 
Provided further, there shall be excepted from the water development impact study any land development where the reasonably anticipated water usage is less than 3,500 gallons per day.
(3) 
Conduct and scope of study. The water development impact study shall be prepared by a registered professional geologist qualified to conduct groundwater investigations in the Commonwealth of Pennsylvania. The purpose of this study will be to determine whether there is an adequate supply of groundwater for the proposed use and to estimate the impact of the anticipated additional water withdrawal on existing nearby wells, springs, aquifers and streams.
(4) 
Study requirements. The water development impact study shall be prepared at the developer's expense and shall bear the seal of and be signed by the person(s) preparing the study. Calculations of the projected water needs shall utilize the criteria set forth in the following references as the same may be amended from time to time:
(a) 
Public Water Supply Manual, Bureau of Community Environmental Control New Bureau of Water Supply and Community Health, Publication No. 15 by the Pennsylvania Department of Environmental Protection, Harrisburg, Pennsylvania, Document No. 383-0300-001, Guide for Determination of Required Fire Flow by the Insurance Services Office, ISO.
(b) 
American Waterworks Association, Denver, Colorado.
(5) 
The study shall include the following information:
(a) 
A geological map of the groundwater basin(s) containing the development shall be compiled at a minimum scale of 1:24,000.
(b) 
The location of all identified faults, lineaments and fractures within the area of the geologic map. In addition, a fracture trace analysis shall be conducted for the development and the area within 1,000 feet of the development.
(c) 
The location of all existing and proposed wells within the groundwater basin(s) containing the development having a design capacity to withdraw 72,000 gallons per day or more.
(d) 
The location of all existing and proposed on-lot septic systems and sewer lines within 500 feet of the development.
(e) 
The location of all streams, perennial and intermittent, within 50 feet of the proposed development.
(f) 
The location of all existing and proposed mines of any type within 1,000 feet of the proposed development.
(g) 
The location of all existing and proposed oil or natural gas production or storage wells within 1,000 feet of the proposed development.
(h) 
The location of all existing and proposed gas storage pools underlying the development or within 1,000 feet of the development.
(i) 
The location of all existing water wells within 1,000 feet of the lot boundary lines of the proposed development.
(j) 
A discussion of the hydrologic setting of the development and its relationship to the groundwater basin(s) in which it resides.
(k) 
A hydrologic budget shall be calculated for the groundwater basin(s) containing the development and the results extrapolated back to the area of interest using long-term records for both streamflow and groundwater levels and long-term precipitation data. Such data shall be used to determine both extreme and average water budgets for the basin(s) that include the development. Records collected at the United States Geological Survey (USGS) stream gage on Connoquenessing Creek at Hazen, Beaver County (USGS site number 03106000), will be acceptable to the Township for use in the water budget analysis. With justification, gaged water basins of superior similarity to the development may be used. Groundwater level records collected by the USGS for wells in the Pennsylvania Observation Well Network are recommended for analysis of the groundwater response. Records for well BT-311 (USGS site number 410501079524401) in Butler County, well AG-700 (USGS site number 403734080063001) in Allegheny County, well AR-77 (USGS site number 404626079341001) in Armstrong County and well BV-156 (USGS site number 403006080252301) in Beaver County are suggested. The water budget analysis should include a summary of the expected hydrologic response of the basin(s) to extremes in precipitation and an analysis (problems, reliability, long-term trends) of the data used to prepare the budgets. Utilizing the budget which has been developed, the study shall focus on the relationship of the development to the basin, including whether it is in a recharge, intermediate or discharge part of the system and whether there is ample recharge area for the needs of the community.
(l) 
An analysis of the relationship of the development to the overall hydrologic setting of the groundwater basin(s) and the expected hydrologic response of the development to the variations noted in the hydrologic budget analysis of the basin(s).
(m) 
The study shall include a minimum of one test well for each 10 lots or at least one test well for each reasonably anticipated withdrawal of 5,000 gallons per day per development or part thereof, whichever is less, and for each well constructed shall include:
[1] 
An accurate geologic log shall be kept which describes the materials penetrated during well construction. Such descriptions shall include the type, thickness, color, moisture content and depth encountered of the soil and rock encountered during construction. In addition, the log will note the depth, nature and water yield of each water-bearing zone encountered during construction. Yield of the well shall be measured periodically during construction by volumetric or other quantitative method. The well depth at the time of the measurements, the yield and other relevant information shall be recorded on the log.
[2] 
An aquifer pumping test of not less than 48 hours duration or such time as is necessary to obtain sufficient data to characterize the hydrogeological system shall be conducted at a rate of not less than 150% of the average peak demand of all wells planned for the development. A minimum well yield of five gallons per minute per single-family lot or equivalent dwelling unit as defined by the Pennsylvania Department of Environmental Protection, 25 Pa. Code § 71.1 shall be used. Such aquifer pumping test shall include a pumping well and at least one observation well, both completed to monitor the same hydrologic unit. Pre- and post-pumping water level data will be collected from the pumping well and all observation wells for periods of time adequate to correct the data collected during pumping and to analyze the recovery of the wells following pumping. Poorly designed or improperly conducted aquifer pumping tests yield results that are, at best, inconclusive. For this reason, the owner/applicant is strongly urged to submit to the Township an aquifer pumper test design for approval prior to conducting the test. A complete log of the pumping test shall be maintained and submitted as part of the report.
[a] 
An analysis of a water sample, collected from the well at the end of the aquifer pumping test and submitted to a Department of Environmental Protection certified laboratory to determine its compliance with Environmental Protection Agency Safe Drinking Water parameters, shall be provided to the Township for each well and a copy of such test results shall be submitted with the study.
[3] 
To determine the impact of the development on existing wells, a sample of the existing wells, necessary to characterize the hydrogeology of the development, shall be monitored for changes in water level. Water level monitoring in these wells shall be sufficient to construct a hydrograph for each well showing a continuous record of water levels before, during and after the aquifer pumping test.
[4] 
The discharge of the pumping well shall be periodically and accurately measured during the aquifer pumping test. The results of the measurements and the time they were taken shall be recorded on the pumping test log.
[5] 
A copy of the Pennsylvania Department of Environmental Protection Water Well Completion Report Form, or such successor form for each well constructed as part of this study, shall be included in the report.
(n) 
The study shall analyze and interpret all relevant data regarding the anticipated impact of the proposed development on the groundwater supply and existing wells within 1,000 feet of the proposed development. The credentials of the person(s) preparing the report shall be included and conclusions shall be drawn from the analysis with respect to:
[1] 
The availability of sufficient water for the proposed development and existing wells.
[2] 
The probable effects of long-term pumping of the wells proposed for construction in the development on the groundwater levels of the development; the groundwater levels of the property adjacent to the development; and on the water budget of the groundwater basin(s) in which the development is proposed, including the probable effects during drought conditions.
[3] 
Whether the groundwater recharge in the groundwater basin(s) serving the subject property after development, during drought conditions (where the 12 months precipitation deficit is 40% of average annual precipitation) will exceed the anticipated water usage and whether the proposed development will lower the groundwater table in the area to the extent of decreasing the groundwater supply available to other property below acceptable levels. Comprehensive analysis may include development of probability curves to provide a substantial statistical basis for determining how frequently a drought is likely to occur.
(o) 
The location, nature and potential influence of possible sources of groundwater contamination within the development or up grade of the development. Such sources would include, but not be limited to, occupied or abandoned industrial sites, above and below ground fuel storage tanks, agricultural chemical storage handling and application areas, waste handling and disposal facilities, active or abandoned mining operations and active or abandoned oil or gas wells.
(p) 
The impact of projected consumptive use on the groundwater system shall be included in the analysis of the water budget for the development. Such analysis shall include, but not be limited to, the consequences on the water budget of diversions of water due to public sanitary sewerage, stormwater management and such other alterations to the hydrologic system that may result from construction of the development itself or from existing or proposed construction upgradient of the development.
A. 
Having received preliminary plan approval, an owner/applicant shall, within one year of receiving such approval, submit at a minimum three copies of all documentation required for final plan approval to the Zoning Officer. Failure to present the plan for final approval within one year shall render the preliminary approval void.
B. 
The application and all required material, including an eight-and-one-half-inch by eleven-inch transparency if a revision to the approved preliminary plan has been made, shall be submitted at least 28 days prior to the date of Planning Commission meeting and may be for all or a part (phase) of the plan given preliminary approval, but the portion submitted shall be consistent in key design elements as identified on the approved preliminary plan, including the location of primary and backup on-lot septic systems where applicable. A key map shall be provided on the final plan showing the location and boundaries of the submitted part (phase) of the overall plan.
C. 
The Planning Commission shall review the submitted documents at its next regularly scheduled meeting, following a determination by the Zoning Officer that it is a completed application, in the presence of the owner/applicant or his representative. The Commission may table the submission if the owner/applicant or his representative are not present and certain aspects of the plan as submitted are deficient. The completed submission shall be reviewed as to its conformance with the requirements of this chapter and with other applicable Township regulations. If the Commission is satisfied that all requirements have been met, it shall submit it's recommendations to the Board of Supervisors.
D. 
If the Commission is not satisfied that all requirements have been met or that the final plan application deviates substantially from the preliminary approved application, it will indicate the specific discrepancies and/or deficiencies to the owner/applicant in writing. The owner/applicant shall then make appropriate corrections to the documents before again submitting them for final approval. The Commission may recommend that the Board retain professional review assistance as provided for in this article.
E. 
The Planning Commission shall send its recommendations in writing to the Board of Supervisors indicating approval, disapproval or approval with conditions.
F. 
The Board of Supervisors shall review the recommendations of the Township Planning Commission and the comments of the County Planning Commission. The Board may call and hold a public hearing on the final plan application, properly noticed. The Board shall make its final decision, either approval, approval with conditions or rejection of the final plan application, not later than 90 days after the meeting of the Planning Commission at which the final plan application was first presented and not subsequently rejected by the Commission. The official decision shall be transmitted in writing to the owner/applicant at the address of record not later than 15 days after the date of the decision, indicating specifically, if the approval is denied, the reasons for denial, citing the appropriate chapter section and the steps needed to gain approval (see Section 508 of the Pennsylvania Municipalities Planning Code, Act 247, as amended).
G. 
Failure of the Board of Supervisors to render a decision and/or to communicate it to the owner/applicant within the time and in the manner required above shall be deemed an approval of the application as presented to the Board unless the owner/applicant 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 of communication shall have the same effect (see Section 508 of the Pennsylvania Municipalities Planning Code, Act 247, as amended).
H. 
Provisions of § 167-16 shall also apply to final plan applications.
A. 
The affixing of the signature of the Chairman of the Board of Supervisors and others as required by § 167-16 shall render the final plan application ready for recording.
B. 
Upon the approval a final plat, the developer shall, within 90 days of such final approval or 90 days after the date of delivery of an approved plat signed by the Township Board of Supervisors, following completion of conditions imposed for such approval, whichever is later, record such plat in the office of the Recorder of Deeds of Butler County. Whenever such plat approval is required by the Township, the Recorder of Deeds of Butler County shall not accept any plat for recording unless such plat officially notes the approval of the Board of Supervisors and review by the Butler County Planning Commission.
C. 
Submit copy (paper) of recorded plat to Adams Township.
[Amended 2-10-2025 by Ord. No. 186]
A. 
Final plan map; general information.
(1) 
The map scale shall be either one inch equals 50 feet or one inch equals 100 feet.
(2) 
The map shall be prepared in ink on Mylar material and three copies submitted; in addition a digital version in a format specified by the Township shall be submitted as well as a eight-and-one-half-inch by eleven-inch transparency.
(3) 
If final plan approval is sought for only a part of the area for which preliminary plan approval has been granted, a key map shall be provided showing the relationship of the area for which final approval is requested to the area granted preliminary approval.
(4) 
A title block in the lower right hand corner of the plan sheet containing:
(a) 
Title approved by the Planning Commission under which the subdivision or development plan is to be recorded;
(b) 
Date of submission of the plan;
(c) 
Graphic scale;
(d) 
Name and address of landowner and/or applicant, if different; and
(e) 
Name and address of registered land surveyor who prepared the plan with his Pennsylvania seal affixed.
(5) 
Certificates and acknowledgments, as may be required:
(a) 
Individual or corporate adoption, notarized;
(b) 
Individual or corporation acknowledgment, notarized;
(c) 
Guarantee of title and mortgagee's consent to recording, if applicable, notarized;
(d) 
Engineers and surveyors certificates, sealed;
(e) 
Review by County Planning Commission;
(f) 
Recommendation by Township Planning Commission;
(g) 
Approval by Board of Supervisors;
(h) 
Release of Adams Township from obligations to construct improvements;
(i) 
Approval of any variance, if granted;
(j) 
Approval of conditional use status, where applicable;
(k) 
Proof of recording; and
(l) 
State highway occupancy notice, if access is to a state highway.
B. 
Final plan map; information on plan.
(1) 
Perimeter boundary line of area for which final plan approval is sought, indicating bearings and distances of each line.
(2) 
Street right-of-way lines, indicating bearings to the nearest second and distances of lines, radii and lengths of curves and right-of-way width to the nearest hundredth of a foot.
(3) 
Subdivision or lot lines, indicating bearings and distances of lines and radii and length of curves to the same accuracy as for streets.
(4) 
All setback lines, as required in the Adams Township Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 192, Zoning.
(5) 
Easement right-of-way lines, indicating bearings and distances, widths and use of easement.
(6) 
Names of all streets.
(7) 
Lot or parcel numbers in each lot conforming to approved preliminary plan.
(8) 
Location of all monuments to be set by owner/applicant in accordance with Article V.
(9) 
Location of any lands within the property to be dedicated for public use, public recreation or open space, such land to be designated for a specific use on the plan and dimensioned as for other lots.
(10) 
Area of each parcel of land to be sold to the nearest 0.01 of a square foot.
(11) 
Names of owners of unplatted adjacent property and names of adjacent lot or development plans, in appropriate locations.
(12) 
North arrow.
C. 
Supplemental information.
(1) 
Sewage disposal; treatment on individual lots: approximate location of soil test sites approved by the Sewage Enforcement Officer within the plan and approximate location of absorption fields on each lot, as required by current Department of Environmental Protection regulations.
(2) 
Water supply:
(a) 
Supply from on-lot well: approximate location of well on each lot and volume of water capable of being produced, expressed in gallons per minute;
(b) 
Attachment to existing system: location of proposed lines indicating size and material, hydrants, valve boxes, point of connection to existing system and any storage or pumping facilities in the plan.
(3) 
Stormwater, grading and erosion control:
(a) 
The location of culverts, catch basins and subsurface storm lines, with size, pipe material and direction of flow;
(b) 
The location of stormwater detention facilities and staged release structures, together with a section through the release structure showing elevations of inlet and outflow pipes and maximum water level, overflow dam, freeboard and other features;
(c) 
Where grading is to occur, the area to be disturbed shall be shown as well as the percentage of slope to be created and those methods proposed to contain erosion from the graded slopes; and
(d) 
Proposed planting of the slopes and means of directing stormwater around the top and toe of the slope.
(4) 
Profiles and typical cross sections of public improvements shall be shown at the same horizontal scale as the final plan map, but the vertical scale should be exaggerated for clarity. Existing and proposed grades along the center lines and existing and proposed grades indexed at ten-foot vertical intervals shall be shown:
(a) 
Profiles along center line of each section of street to be constructed showing existing ground elevation, proposed grades, vertical curves connecting changes in grade and connection to existing roads;
(b) 
Typical cross section through proposed streets between right-of-way lines showing depth and widths of materials to be used to meet Township road construction standards;
(c) 
Profiles along the center line of each section of storm drain line, indicating line size, material and slope, inlets, culverts, points of intersection with other utilities and outfalls; and
(d) 
If attachment to a public sewage disposal system is proposed, the rules and regulations of the municipal authority with jurisdiction shall dictate.
D. 
Titles and approvals required of the development before final plan approval can be given.
(1) 
A letter from the Municipal Sewage Enforcement Officer attesting that lots to be sold are sufficient in area to accommodate on-lot sewage disposal and water supply within the requirements of the commonwealth law, based on soil percolation tests conducted by the Officer;
(2) 
If the plan will be connected to existing public sewage disposal and/or water supply systems, letters from the utilities indicating they will accept sewage and/or provide water to the plan as well as a certificate of public convenience from the Pennsylvania Public Utilities Commission or a copy of an application for such a certificate provided by the water supplier;
(3) 
An accounting by a registered professional engineer or professional land surveyor preparing the submission of all costs for constructing improvements to be provided by the owner/applicant. Costs shall be broken down into quantities, unit costs and totals;
(4) 
The form of a public improvement bond, or other security written to the benefit of the Township, approved by the Township Solicitor and ready for the signatures of the Board of Supervisors, equal in value to 110% of the estimated cost of installing the improvements and may include 10% for each year after the first year that the improvements will be under construction;
(5) 
Any restrictive covenants, deed restrictions and/or rights of easement in the form in which they will be filed as legal documents; and
(6) 
If the proposed plan includes access to a state highway, the final plan map shall bear a notice that a highway occupancy permit is required, pursuant to Section 420 of the State Highway Act, before access to the adjacent state highway will be permitted.
E. 
Resubdivision. Where a plat was previously recorded containing lots specifically proposed for multifamily residential development, and subsequent transfer of individual units is indicated, administrative review and approval by the Township Zoning Officer and Township Engineer shall replace the two-step Planning Commission recommendation and Board of Supervisors approval process as follows:
(1) 
The resubdivision shall not create lots or parcels in violation of any current applicable zoning requirements nor create situations detrimental to health, safety or welfare of the general public.
(2) 
Said administrative review and approval by the Township Zoning Officer and Township Engineer shall be followed by the signing of the plat by the Chairman of the Board of Supervisors and attested by the Township Secretary prior to recording at the Butler County Recorders Office.
(3) 
Administrative denial of a resubdivision plan may be referred to the Board of Supervisors on appeal, whose decision shall be binding.
A. 
In lieu of the completion of the required public improvements and in the alternative, as a condition of final plan approval, the Board of Supervisors shall require the owner/applicant to deposit a corporate bond or other surety acceptable to the Board to be held in escrow and equal to the total estimated cost of site development, as determined by the developer's engineer and approved by the Township Engineer, of all improvements to be constructed, plus 10%, to serve the approved final plan and agreed to by the owner/applicant and Adams Township. All required improvements shall be completed within five years of the date of the final plan application approval unless the Township and the owner/applicant agree jointly to an extension of time. If the improvements are not completed within the agreed time period or approved extension, the Township may have the securities held in escrow, declared forfeit and shall utilize them to complete the improvements not at the time of forfeit complete (see Section 509 of the Pennsylvania Municipalities Planning Code, Act 247, as amended).
B. 
The amount of the financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion all of the required improvements estimated as of 90 days following the date scheduled for completion of the improvements by the developer.
C. 
The owner/applicant may request the Board of Supervisors to provide him with a signed copy of a resolution indicating approval of the final plan contingent upon the owner/applicant obtaining satisfactory financial security. The final plan shall not be signed by the Chairman of the Board until after the security bond is executed. The resolution shall be deemed revoked if the owner/applicant fails to secure the financial security within 90 days of the date of the resolution.
D. 
The form of the financial security shall be reviewed and approved by the Township Solicitor. Provisions for reevaluating the amount of the security or surety bond on the value of work still to be completed at the end of each year after the commencement of the project may be included.
E. 
If the owner/applicant's engineer and the Township's Engineer cannot agree on the amount of the financial security, or if the Township's Engineer recommends to the Board of Supervisors that the Board refuse the developer's estimate, the Board and the owner/applicant shall agree to retain and share the expenses of a third registered professional engineer who shall recalculate the improvements costs and provide a final estimate presumed to be fair and reasonable.
F. 
Any improvements to be later maintained by a public authority or private utility company shall be installed and bonded in accordance with the authority or Public Utility Commission regulations.
[Amended 12-23-2024 by Ord. No. 183]
A. 
The owner/applicant shall contact the Township Engineer before placing subbase or paving any vehicular street, before backfilling any sanitary or storm sewers, water lines, retaining wall foundations or any other structures which are part of the improvements covered by the bond and shall not backfill until authorized to do so by the Township Engineer.
B. 
When the owner/applicant has completed all the necessary improvements, he shall notify the Secretary of the Board of Supervisors by registered mail of the completion of the improvements and shall send a copy to the Township Engineer (See Section 510 of Act 247, as amended).
C. 
The Board of Supervisors shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all the improvements.
D. 
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 owner/applicant. The report shall be detailed and 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 reject. Upon receipt of the Township Engineer's report, the Board of Supervisors shall, within the next 15 days after its regular monthly meeting next succeeding receipt of the report, notify the owner/applicant in writing by registered mail of its action relative to the Township Engineer's report.
E. 
If the Board or the Township Engineer fails to comply with the time limitation provisions of this section, all improvements requested by the owner/applicant to be inspected will be deemed to have been approved, and the owner/applicant shall be released from all liability pursuant to his performance guaranty bond or other security agreement covering only the improvements he requests be approved.
F. 
If any portion of the improvements are not approved or are rejected by the Board of Supervisors, the owner/applicant shall proceed to repair and complete the improvements so designated, and upon completion the same procedure of notification as outlined above for inspection and approval shall be initiated.
G. 
Nothing in this section 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 Township Engineer.
H. 
If any improvements covered by the developer's bond or other security have not been installed within five years of the date of final approval of the subdivision or development plan by the Board of Supervisors (unless the Board and owner/applicant mutually agree to an extension of specific length), the Board of Supervisors shall have the power to enforce the bond or other security by appropriate legal action and equitable remedies. If proceeds of such bond or other security are insufficient to cover the cost of installing or making repairs or corrections to all the improvements covered by bond or security and found unacceptable or left uninstalled, the Board of Supervisors, at its option, may install such improvements and may institute appropriate legal or equitable action to recover the funds necessary to complete the improvements. All of the proceeds, whether resulting from any legal or equitable action brought against the owner/applicant, or both, shall be used solely for the installation of improvements covered by such security and for no other Township purpose.
I. 
The owner/applicant shall submit to the Township as-built drawings of all stormwater management facilities installed, including the type and location of inlets, piping sizes, location and design of detention facilities and staged discharge units.
J. 
Partial release of public improvement bond.
(1) 
The Board of Supervisors shall establish by resolution a schedule of charges based on the Engineer's normal hourly rates and expenses and amounts to be established as escrow accounts or deposits to cover consultant's review fees and inspections.
(2) 
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 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 forty-five-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 the Township Engineer, require retention of 10% of the estimated cost of the aforesaid improvements.
(3) 
The Board, on receiving the Engineer's certification approving release of a specific part of the bond, shall authorize the bonding company or lending institution to release the requested amount.
(4) 
Failure of the Board to act within the forty-five-day limit shall constitute approval of release of the part of the bond requested by the owner/applicant unless both parties agree to an extension of time.
(5) 
Until completion and satisfactory inspection by the Engineer of all improvements in the plan, at least 10% of the estimated cost of the improvements shall be retained by the Township.
K. 
Owner/applicant reimbursement of Township expenses. The owner/applicant shall reimburse the Township for reasonable and necessary expenses incurred by the Township's Engineer for the inspection of improvements up to final approval, and the preparation of reports thereon.
(1) 
The Board of Supervisors shall establish by resolution a schedule of charges based on the Engineer's normal hourly rates and expenses. The owner/applicant shall be furnished a copy of said resolution upon request.
(2) 
The owner/applicant shall deposit with the Township, following the granting of final approval, a sum as determined by the Board of Supervisors by resolution for the purpose of reimbursing the Township Engineer for inspection costs related to the installation of public improvements. At such time that drawdowns from the deposit result in a balance of $500 or less, additional monies shall be deposited.
(3) 
The Engineer shall provide a detailed breakdown of his allocation of time to particular aspects of the inspection and shall submit his statement to the Township Secretary.
(4) 
The Township Secretary shall submit copies of inspection reports, at cost, to the owner/applicant, if requested in writing.
(5) 
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.
(6) 
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 Township shall jointly, by mutual agreement, appoint another professional engineer licensed as such in the Commonwealth of Pennsylvania to review said expenses and make a determination as to the amount thereof which is reasonable and necessary.
(7) 
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.
(8) 
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 municipality 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 registered professional engineer who has been retained by, or performed services for, the Township or the applicant within the preceding five years.
(9) 
The fee of the appointed registered professional engineer who determines the reasonable and necessary expenses shall be paid by the owner/applicant if the amount due is equal or greater than the original bill. If the amount of payment required is less than the original bill by $1,000 or more, the Township shall pay the fee; otherwise the fee shall be paid equally by the owner/applicant and the Township.
A. 
Approval of construction shall not constitute an acceptance for repairs or maintenance by the Township. All improvements shall remain in private ownership until such time as their dedication shall have been accepted by ordinance or resolution of the Board of Supervisors or until condemned for public use.
B. 
Upon the completion of all improvements in a plan and their approval by the Township, the owner/applicant shall post a maintenance bond or other surety in favor of Adams Township in an amount not to exceed 15% of the actual cost of installation of all the accepted improvements to run for a period of not more than 18 months from the date of acceptance by ordinance of dedication. Such bond or surety shall secure the structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the approved plat.
C. 
Upon submittal by the owner/applicant of as-built plans of the recorded plat, the posting of the required maintenance bond, the submittal of copies of any deed restrictions placed on the subject property, modifications granted (if applicable), a legal description of all public improvements installed, specifically road rights-of-way, and a certification by the owner/applicant's registered professional surveyor that all required control monumentation has been installed as shown on the recorded plan, monies remaining in the deposit for inspection costs shall be returned.
[Added 12-23-2024 by Ord. No. 183]
A. 
As a condition for final approval of a subdivision or a land development plan, the applicant shall submit an amenities bond as defined by this chapter, in favor of the Township, in an amount equal to 110% of the proposed cost estimate. All private improvements shall be constructed in accordance with the standards set forth in Appendix IV[1] and the municipal construction standards. Until the amenities bond and cash deposit are submitted and the final plat is approved by the Supervisors, there shall be no grading of any type in the subdivision or land development, no construction of private improvements and no structures placed on or within the subdivision or land development. The process for estimating the cost for completion of private improvements shall be as follows:
(1) 
Determination of cost of completion. In all subdivisions and land developments where private improvements are required by Adams Township or voluntarily provided by the applicant, an amenities bond and cash deposit shall be required. The estimate of the cost of the completion of the required private improvements shall be prepared by the applicant's Engineer and shall be certified by such Engineer to be a fair and reasonable estimate of such costs.
(2) 
The municipality, upon the recommendation of the Municipal Engineer, may refuse to accept such estimate for good cause shown. If the applicant and the municipality are unable to agree upon an estimate, the estimate shall be recalculated and re-certified by another engineer chosen mutually by the municipality and the applicant. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that the third engineer is chosen, fees for the services of the said engineer shall be paid equally by the applicant and Adams Township.
(3) 
Time for completion of improvements. If more than one year from the date of posting of the amenities bond and cash deposit is required to complete the necessary improvements, the amount of the amenities bond shall be increased by an additional 10% for a one-year period beyond the first anniversary date from posting the amenities bond or to an amount not exceeding 110% of the cost of completing the required private improvements as reestablished on or about the expiration of the preceding one-year period by using the above procedure, whichever is the greater amount.
(4) 
Completion by Adams Township. If the private improvements are not completed within two years of the posting of the amenities bond and cash deposit, Adams Township shall use the cash deposit to complete the private improvements. If the cash deposit is not sufficient to complete the private improvements the Municipality of Adams Township shall take the necessary actions to enforce the amenities bond by appropriate legal and equitable remedies provided by the Laws of the Commonwealth of Pennsylvania.
(5) 
Date of completion. A written and agreed to determination shall be made to establish a reasonable date when the private improvements should be completed after the municipal improvements are completed.
[1]
Editor's Note: Said appendix is on file in the Township offices.