A.
Hereafter, all plans for subdivisions or land development within the corporate limits of the Township shall be reviewed by the Township Planning Commission and other municipal, state or county officials as deemed necessary and shall be approved or disapproved by the Township Supervisors in accordance with procedures specified in this chapter. The provisions and requirements of this chapter shall apply to and control all land subdivisions which have not been recorded in the Office of the Recorder of Deeds in and for Berks County, Commonwealth of Pennsylvania, prior to the effective date of this chapter; provided, however, that any change in a recorded plan, except as noted in Article III, § 330-11D, shall constitute a resubdivision and shall make said plan subject to any and all requirements of this chapter. Any approval not processed as required hereafter shall be null and void unless it was made prior to the adoption of this chapter.
[Amended 5-23-2011 by Ord. No. 711]
B.
For all subdivisions and land development, except those exempted from standard procedures, a preliminary plan and a final plan must be submitted to and approved by the Township. Those subdivisions exempted from this procedure and the procedures to follow in the case of exempted subdivisions are to be found in § 330-11 of this chapter. However, the applicant is encouraged to submit a sketch plan as well.
[Amended 5-23-2011 by Ord. No. 711]
C.
Land development plans shall be reviewed and approved or disapproved
in accordance with the procedures specified in this chapter. Occasionally,
situations involving only one lot may arise whereby it is unclear
whether or not a land development plan is required by this chapter.
In this event, the developer may present information regarding the
development to the planning Commission. The information shall be sufficient
to illustrate the type and extent of development and potential impact
of the proposal on traffic, stormwater management, sewage disposal,
water supply or similar concerns. The Planning Commission shall review
the information and make a recommendation to the Township Supervisors
as to whether or not the land development procedures of this chapter
should be followed. The Planning Commission may wish to consult with
the Township Engineer or Solicitor prior to making its recommendations.
The Township Supervisors shall, after consideration of the planning
Commission's recommendation, make the final decision as to whether
or not this chapter shall apply.
D.
All approved subdivision and land development plans and the accompanying documents defined in Article IV, Plan Requirements, of this chapter shall be binding on the developer/applicant. Deviation from the approved plans or documents, without prior approval of the Township, shall constitute a violation of this chapter.
E.
Requests for extensions. In recognition that an applicant has a duty
to prosecute preliminary, preliminary/final, and final subdivision
and/or land development applications in a diligent, reasonable and
timely manner, the Board of Supervisors will only approve an aggregate
of two requests for extensions of the review period under Section
508 of the Pennsylvania Municipalities Planning Code,[1] for an aggregate of 180 days as measured from the expiration
of the Township's initial ninety-day period from the submittal of
the application.
[1]
Editor's Note: See 53 P.S. § 10508.
F.
Waiver and further extension. The Board of Supervisors, in its discretion,
may grant additional requests for extensions of the review period
prescribed by Section 508 of the Municipalities Planning Code for
good cause shown and in circumstances where an applicant has diligently
prosecuted its application by submitting revised plans in response
to, and in compliance with, the review letters prepared by the Township
Engineer.
G.
Maximum number of plans allowed. An applicant shall file only one
subdivision and land development application affecting any one property
at any one time. If at any time an applicant desires to or does file
a second subdivision and land development application pertaining to
a property that is inconsistent with any prior subdivision and land
development application, the filing of the second, inconsistent application
shall serve as an automatic withdrawal of the prior application relating
to the property.
[Amended 5-23-2011 by Ord. No. 711]
Submission of a sketch plan is optional. Such submission shall
not constitute official submission of a plan to the Township, and
the same is submitted only for informal discussion between the developer
and the Township Planning Commission. Neither the planning Commission
nor the Board of Supervisors shall take action on a sketch plan, nor
shall there be any approval or disapproval of the same. The submittal
of a sketch plan, although optional, is strongly recommended.
B.
Submission.
(1)
The applicant shall submit: three copies of the application for review
of a sketch plan; one copy of a site visit authorization form; three
copies of site aerials; two copies of Department of Fire Codes site/subdivision
plan examination permit application forms; four black-on-white prints
on paper of the sketch plan to the Township Planning Commission Secretary;
and payment of the requisite filing fees in accordance with the fee
schedule. In the case of a sketch plan of record, the applicant shall
submit six copies of black-on-white prints on paper of the sketch
plan of record, two copies of drainage plan applications; two copies
of drainage plans; one copy of a Berks County Planning Commission
application for review and Berks County Planning Commission filing
fees. In addition, all submissions shall be provided in digital PDF
format in a manner approved by the Township (including, but not limited
to, the following means: CD-ROM, flash drive, or web-based/cloud file
hosting service).
(2)
Major residential, commercial and industrial subdivisions and land
development plans shall be submitted to the Township 21 days prior
to the planning Commission meeting date. Minor or brief subdivisions
shall be submitted to the Township 14 days prior to the planning Commission
meeting date.
(3)
The Secretary of the planning Commission shall distribute the copies
of a sketch plan or a sketch plan of record as follows:
(a)
One PDF format copy to the Township Planning Commission.
(b)
Two copies to the County Planning Commission, when requested
to do so by the Township Planning Commission.
(c)
One copy to the Township Engineer.
(d)
One copy to the Environmental Advisory Council.
(e)
One PDF format copy to the Township Zoning Officer.
(f)
One PDF format copy to the Township Fire Marshal.
(g)
One copy to Township Planning Commission Secretary.
(h)
One copy to the Township Sewage Enforcement Officer/Sewer Authority
(if necessary).
C.
Review and filing fee.
(1)
Review. The sketch plan shall be reviewed by the Township Planning
Commission at one or more regularly scheduled or special meetings.
If the Township Planning Commission determines that it would like
the sketch plan to be reviewed by the County Planning Commission,
the County Planning Commission shall be invited to review the sketch
plan and submit its comments regarding the sketch plan to the Township
Planning Commission. If a sketch plan is submitted to the County Planning
Commission for review, the Township Planning Commission shall not
issue its written report regarding the sketch plan until the report
of the County Planning Commission is received by the Township, provided
that such report is received by the Township within 30 days of the
date the Township forwarded the plan to the county for review.
(2)
Filing fee. The Township Planning Commission Secretary shall collect
a filing fee as established by the governing body for all subdivisions
or land developments. Fees shall be charged in order to cover the
costs of examining plans and other expenses incidental to the approval
of subdivisions or land developments. The applicant or developer shall
pay the fee due at the time of submission of a sketch plan.
D.
At one or more regularly scheduled or special meetings, the Township
Planning Commission shall review the sketch plan to determine its
conformance to the standards contained in this chapter and shall recommend
such changes and modifications as it shall deem necessary to assure
compliance with this chapter.
E.
Within 10 working days after the final meeting at which the sketch
plan of record is reviewed by the Township Planning Commission, the
planning Commission Secretary shall send to the Township Supervisors
notice of the planning Commission's recommendation. Copies of that
notice shall be forwarded to the following:
F.
The action of the planning Commission on a sketch plan of record
shall be made within the applicable time period established by Pennsylvania
Municipalities Planning Code Section 508, as may be amended,[1] unless extended by the Board of Supervisors upon a request
of the applicant.
[1]
Editor's Note: See 53 P.S. § 10508.
G.
In the case of a sketch plan of record, the plan shall be reviewed by the Township Supervisors at one or more regularly scheduled or special meetings and either approved or disapproved by the Township Supervisors after consideration of the comments from the planning Commission. The decision of the Board of Supervisors 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 working days following the decision regarding the sketch plan of record. When the plan as submitted is not approved, the report shall specify the requirements and sections of this chapter which have not been met. The Township Supervisors shall act on the plan within the time period referred to in Subsection F above.
[Amended 5-23-2011 by Ord. No. 711]
A.
Submission.
(1)
Preliminary plans and required supplemental data for all proposed subdivisions and land developments, except as noted in § 330-11, shall be submitted by the applicant or his agent to the Township Planning Commission Secretary. An extension of time, when justified, may be granted by the Township Supervisors upon written request pursuant to § 330-6E, F, and G.
(2)
Major residential, commercial and industrial subdivisions and land
development plans shall be submitted to the Township 21 days prior
to the planning Commission meeting date. Minor or brief subdivisions
shall be submitted to the Township 14 days prior to the planning Commission
meeting date.
(3)
All items comprising the official submission of the preliminary plan
shall be legally binding on the developer.
(a)
The Township Supervisors shall notify the applicant of its action
regarding the plan within the applicable time period established by
Pennsylvania Municipalities Planning Code Section 508, as may be amended,[1] unless extended by the Board of Supervisors upon a request
of the applicant.
[1]
Editor's Note: See 53 P.S. § 10508.
(b)
Official submission of a preliminary plan shall include:
[1]
Submission of three completed applications for review of a preliminary
subdivision plan.
[2]
Submission of two completed Department of Fire Codes site/subdivision
plan examination permit applications.
[3]
Submission of six black-on-white prints on paper of the preliminary
plan. For subsequent submissions, please check with the Engineering
Department.
[4]
Submission of three copies of site aerials pursuant to § 330-12A(13).
[5]
Submission of one site visit authorization form.
[6]
If percolation tests are required, three copies of the subdivision
sewage disposal report.
[8]
Completed form authorizing representatives of Exeter Township
(Planning Commission, Board of Supervisors, Zoning Officer, Engineer,
etc.) to access the subject property for the purposes of conducting
a site inspection. At no time shall such visit constitute a quorum.
[9]
All submissions shall be provided in digital PDF format in a
manner approved by the Township (including, but not limited to, the
following means: CD-ROM, flash drive, or web-based/cloud file hosting
service).
[10]
Fees.
[a]
Township filing fee. The Township Planning Commission
Secretary (or representative) shall collect a filing fee as established
by the Township Supervisors for all subdivisions or land developments.
Fees shall be charged in order to cover the costs of examining plans
and other expenses incidental to the approval of subdivisions or land
developments.
[b]
County filing fee. The Township Planning Commission
Secretary (or representative) shall collect a filing fee as established
by the county for all subdivisions or land developments. County fees
shall be in the form of a separate check or money order payable to
the County of Berks.
[c]
The applicant or developer shall pay the fee due at the time of official submission of a preliminary plan and official submission shall not be deemed to have been made until receipt of all of the above {Subsection A(3)(b)[1] through and including [9]} by the Township Planning Commission Secretary or representative.
(c)
It shall be the applicant's responsibility to forward all information
as applicable to PennDOT, the Pennsylvania Department of Environmental
Protection (DEP), the Soil Conservation District or any other governmental
agency.
(d)
The application, complete with all corresponding applicable
documents mentioned above, must be submitted to the Township Planning
Commission Secretary as a package. The Township Planning Commission
Secretary will compare the submission with a checklist to determine
completeness. Should any items be missing, the application package
will be returned to the applicant with an explanation. All checklists
will be retained as part of the application package.
(e)
The application shall be placed on the agenda of the next regularly
scheduled meeting of the planning Commission, during which a vote
will be taken to accept the application for review, thereby constituting
the start of the ninety-day review period.
B.
Distribution. The Township Planning Commission Secretary shall distribute
submitted information as follows:
(1)
To the County Planning Commission along with a request to review
the plan:
(2)
To the Township Planning Commission:
(a)
One PDF format copy of the plan.
(b)
If on-site disposal of sewage is to be used, one PDF format
copy of the subdivision sewage disposal report.
(c)
One PDF format copy of the application for review of preliminary
subdivision plan.
(d)
One PDF format copy of all other required information and plans.
(4)
To the Township Zoning Officer with a request to review:
(a)
One PDF format copy of the plan.
(b)
If on-site disposal of sewage is to be used, one PDF format
copy of the subdivision sewage disposal report.
(c)
One PDF format copy of the application for review of preliminary
subdivision plan.
(d)
One PDF format copy of all other required information and plans.
(6)
To the Township Planning Commission Secretary:
C.
Review by Township Planning Commission. When a preliminary plan has
been received for review, the Township Planning Commission shall review
the plan at one or more regularly scheduled or special meetings to
determine its conformance to the standards contained in this chapter
and shall recommend such changes and modifications as it shall deem
necessary to assure compliance with this chapter.
(1)
The Township Engineer, Township Zoning Officer, Township Fire Marshal,
and the Township Environmental Advisory Council shall review each
preliminary plan to determine whether the plan meets the requirements
of this chapter, the Township Zoning Ordinance,[2] and any other applicable Township ordinances or codes
and, if the plan does not meet these requirements, recommend what
modifications in the plan are necessary to secure compliance with
the same. The Township Sewage Enforcement Officer shall review all
proposals for the use of on-site sewage disposal and report to the
Township Planning Commission.
(2)
When reviewing a plan at a regularly scheduled or special meeting,
the Township Planning Commission should consider, in addition to its
own comments, written reports regarding the subdivision in question
from the following:
(a)
The Berks County Planning Commission.
(b)
The Township Zoning Officer.
(c)
The Township Sewage Enforcement Officer, when on-site sewage
disposal is proposed, or the Sewer Authority when public sanitary
sewers are to be utilized.
(d)
The Township Planning Consultant.
(e)
When the property being subdivided abuts a state route or when
preliminary state highway design would affect the property, the report
of the Pennsylvania Department of Transportation on the effect of
the proposed subdivision or land development on existing or proposed
state highway facilities.
(f)
The report of the Berks County Conservation District on the
erosion and sediment control plan, if applicable. This is the applicant's
responsibility to obtain and ensure that it is provided to the Township.
(3)
Within 10 working days after the final meeting at which the preliminary
plan is reviewed by the Township Planning Commission, the Planning
Commission shall notify the Township Supervisors of the action taken
by the Township Planning Commission regarding the preliminary plan.
If the review of the Township Planning Commission is unfavorable because
the requirements of this chapter have not been met or because the
Commission deems modifications in the plan as submitted desirable
or necessary, the recommended modifications in the plan and/or the
specific provisions of this chapter, which have not been met, shall
be noted. If the preliminary plan is recommended to be approved subject
to conditions, those conditions shall be noted. If the preliminary
plan is recommended to be approved as submitted, that fact shall be
noted. Copies shall be forwarded to the following:
D.
Review by Township Supervisors. After a preliminary plan has been
reviewed by the Township Planning Commission, the plan shall be reviewed
at one or more regularly scheduled or special meetings of the Township
Supervisors.
(1)
The Township Supervisors shall review the preliminary plan and the
written reports of the Township Engineer and Township Planning Commission,
which have taken into consideration all other reports. The Township
Supervisors shall either approve or disapprove the plan. No official
action shall be taken by the Township Supervisors with respect to
a preliminary plan until the Township has received the written report
of the County Planning Commission, provided that the report is received
within 30 days after the date the Township forwarded the plan to the
County Planning Commission for review. Failure of the County Planning
Commission to act within 30 days shall constitute a waiver of its
right to review the plan as submitted and the Township Supervisors
may officially act on the basis of such a waiver.
(2)
Before acting on a preliminary plan, the Township Supervisors may
arrange for a public hearing on the plan, giving public notice as
defined by law.
(3)
The decision of the Board of Supervisors 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 working days following
the decision regarding the preliminary plan.
(4)
The action of the Supervisors may be favorable, approving the plan, or unfavorable, disapproving the plan. These findings and reasons upon which the Supervisors' action is based shall be given in writing to individuals and groups listed in § 330-8B and stated in the minutes of the meeting at which the Supervisors review the plan. When the plan as submitted is not approved, the report shall specify the requirements of this chapter which have not been met.
(5)
The approval of a preliminary plan does not authorize the recording
of a subdivision or land development plan nor the sale, lease or transfer
of lots or dwelling units.
[Amended 5-23-2011 by Ord. No. 711]
A.
Submission.
(1)
Within 12 months after approval of the preliminary plan, the applicant
or his agent shall submit a final plan with all necessary supplementary
data to the Township Planning Commission Secretary. An extension of
time, when justified, may be granted by the Township Supervisors upon
written request, provided that the extension of time shall not exceed
one year. Unless an extension of time is granted, failure to meet
the twelve-month time limitation may result in a determination by
the Township that it will consider any plan submitted after 12 months
as a new preliminary plan.
(2)
Major residential, commercial and industrial subdivisions and land
development plans shall be submitted to the Township 21 days prior
to the Planning Commission meeting date. Minor or brief subdivisions
shall be submitted to the Township 14 days prior to the Planning Commission
meeting date.
(3)
All items comprising the official submission of the final plan shall
be legally binding on the developer.
(a)
The Township Supervisors shall notify the applicant of their
action regarding the plan within the applicable time period established
by Pennsylvania Municipalities Planning Code, Section 508, as may
be amended,[1] unless extended by the Board of Supervisors upon a request
of the applicant.
[1]
Editor's Note: See 53 P.S. § 10508.
(b)
Official submission of a final plan shall include:
[1]
Submission of three completed applications for review of final
subdivision plan.
[2]
Submission of two completed Department of Fire Codes site/subdivision
plan examination permit applications.
[3]
Submission of six black-on-white prints on paper of the final
plan. For subsequent submissions, please contact the Engineering Department.
[4]
Submission of three copies of site aerials pursuant to § 330-12A(13).
[5]
Submission of one site visit authorization form.
[6]
Submission of two lighting catalog cuts.
[8]
Two copies of the following required information, if applicable:
[a]
All offers of dedication, and covenants governing
the reservation and maintenance of undedicated open space, which shall
be approved by the Township Solicitor as to their legal sufficiency.
All offers of dedication shall be accompanied by a fully executed
deed effectuating the same, which shall be in form recordable with
the Berks County Recorder of Deeds, for consideration by the Township.
Absent explicit acceptance of dedication by the Township Board of
Supervisors (reflected in a written resolution), nothing herein and
no action by the Township in approving a final plan shall be construed
as accepting dedication of the same.
[b]
Such private deed restrictions, including building
reserve lines, as may be imposed upon the property as a condition
of sale, together with a statement of any restrictions previously
imposed which may affect the title to the land being subdivided.
[c]
Whenever a revision to the Township's official
sewage facilities plan is required under the rules and regulations
of DEP, a copy of the Township resolution amending the official plan
and a copy of DEP's letter approving the plan revision shall accompany
the final plan.
[d]
Whenever approval is required for water supply
or sanitary sewage disposal from a municipal authority or private
water company, two copies of such approvals shall be submitted with
the final plan.
[e]
If applicable, letters from utility companies,
electric, gas, telephone, and/or cable TV indicating that they have
received final plans shall be required to be submitted with final
plans.
[9]
All submissions shall be provided in digital PDF format in a
manner approved by the Township (including, but not limited to, the
following means: CD-ROM, flash drive, or web-based/cloud file hosting
service).
(c)
Fees.
[1]
Township filing fee. The applicant shall submit the requisite
filing fees as established by the Township Supervisors for all subdivisions
or land developments. Fees shall be charged in order to cover the
costs of examining plans and other expenses incidental to the approval
of subdivision or land developments, together with any other fees
established by the Township Board of Supervisors.
[2]
County filing fee. The applicant shall submit all necessary
filing fees as established by the county for all subdivisions or land
developments that require final plan submission. County fees shall
be in the form of a separate check or money order made payable to
the County of Berks.
[3]
The applicant or developer shall pay the fee at the time of official submission of a final plan and official submission shall not be deemed to have been made until receipt of all of the above {Subsection A(3)(b)[1] through and including [9]} by the Township Planning Commission Secretary.
(d)
Whenever an applicant proposes to establish a street which is
not offered for dedication to public use, the Township Planning Commission
or Township Supervisors may require the applicant to submit and also
to record with the plan a copy of an agreement made with the Township
on behalf of his heirs, successors, and assigns and approved by the
Township Solicitor and which shall establish the conditions under
which the street may later be offered for dedication and shall stipulate,
among other things, the following:
[1]
The street shall conform to Township specifications or the owners
of the abutting lots shall include with the offer of dedication sufficient
money, as estimated by the Township Engineer, to restore the street
to conformance with Township specifications.
[2]
An offer to dedicate the street shall be made only for the street
as a whole.
[3]
The method of assessing repair costs shall be stipulated.
[4]
Agreement by the owners of 51% of the front footage thereon
shall be binding on the owners of the remaining lots.
(e)
Wherever approval by DEP is required for the water supply or
sanitary sewage disposal system(s) for a proposed subdivision, the
Township Planning Commission shall require that two copies of such
certification of approval be submitted with the final plan.
(f)
Three copies of the erosion and sediment control plan approved
by the PADEP or the Berks County Conservation District for the entire
tract shall accompany the final plan submission. Two copies of the
Berks County Conservation District approval letter and/or NPDES permit
shall also be submitted. This is the applicant's responsibility.
(g)
Any proposed intersection of a new street or driveway with a
state legislative route must receive an "occupancy permit" from the
Pennsylvania Department of Transportation (PennDOT). A letter from
PennDOT indicating approval of the intersection as proposed must accompany
final plan submission.
(h)
The Township Supervisors may permit the applicant to submit a final plan in sections, with each section covering a reasonable portion of the entire proposed subdivision or land development as shown on the approved preliminary plan. If the final plan is submitted in sections, the first section shall be submitted to the Township for review within 12 months after approval of the preliminary plan, unless an extension of time as provided for in Subsection A of this section is granted. If final plans are submitted in sections, a proportionate amount of the total recreation area necessary to service each section shall be included.
B.
Distribution. Distribution of final plans and supporting data submitted
to the Township Planning Commission Secretary shall be made as follows:
(9)
Review by Township Planning Commission. When a final plan has been
received for review, the Township Planning Commission shall review
the plan at one or more regularly scheduled or special meetings to
determine its conformance to the standards contained in this chapter
and shall recommend such changes and modifications as it shall deem
necessary to assure compliance with this chapter.
(a)
The Township Engineer, Township Zoning Officer, Township Fire
Marshal, and the Township Environmental Advisory Council shall review
each final plan to determine whether the plan meets the requirements
of this chapter, the Exeter Township Zoning Ordinance[2] and any other applicable Township ordinance or code and,
if the plan does not meet these requirements, recommend what modifications
in the plan are necessary to secure compliance with the requirements
of this chapter and the Township Zoning Ordinance. The Township Sewage
Enforcement Officer shall report on all proposals for on-site sewage
disposal. The Township Sewer Authority shall report on all proposals
for public sanitary sewage disposal.
(b)
When reviewing a plan at a regularly scheduled or special meeting,
the Township Planning Commission should consider, in addition to its
own comments, written reports regarding the subdivision or land development
from the planning consultants, the Township Zoning Officer, the Township
Sewage Enforcement Officer/Sewer Authority, the Soil Conservation
District, the Township Fire Marshal, the Township Environmental Advisory
Council and any other reports which may have been received regarding
the final plan.
(c)
Within 10 working days after the final meeting at which the
final plan is reviewed by the Township Planning Commission, the Planning
Commission Secretary shall notify the Township Supervisors in writing
of the action taken by the Planning Commission regarding the final
plan. Copies shall be forwarded to the following:
(d)
If the review of the Township Planning Commission is not favorable,
the Planning Commission shall recommend that the plan not be approved
and explicitly state the reasons for such action. Any modifications
in the plan, which the Planning Commission feels should be prerequisites
to approval of the final plan, shall also be noted. If the Planning
Commission recommends that the final plan as submitted be approved,
this fact shall be noted.
C.
Review by Township Supervisors. After a final plan has been reviewed
by the Township Planning Commission, the plan shall be reviewed by
the Supervisors at one or more regularly scheduled or special meetings.
(1)
At a regularly scheduled or a special meeting, the Township Supervisors
shall review the final plan and any written reports regarding the
plan from the Township Engineer, the Township Planning Commission,
which have taken into consideration all other reports, and, where
applicable, state or county agencies.
(2)
Before acting on a final plan, the Supervisors may arrange for a
public hearing on the plan, giving public notice as defined by law.
(3)
The decision of the Board of Supervisors 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 working days following
the decision regarding the final plan.
(4)
Action by the Supervisors may be favorable, giving approval to the final plan, or the action may be unfavorable, giving disapproval to the plan. The findings and reasons upon which the Supervisors' action is based shall be given in writing to the persons listed under Subsection B of this section, and modifications in the plan required as prerequisites to approval of the final plan shall also be stated.
A.
Development agreement. No plat shall be finally endorsed by the Township
Supervisors unless a development agreement is executed in form and
substance approved by the Township and the Township Solicitor.
(1)
The procedural requirements for the preparation and approval of the
development agreement shall be as follows: In conjunction with final
plan approval by the Township Supervisors and prior to endorsement
of the final plan, the developer shall provide a unit breakdown of
all proposed improvements as well as all additional information as
may be required by the Township and its consultants, and shall submit
the information to the Township Engineer for review. If acceptable
to the Township Engineer, the Township Solicitor shall forward a development
agreement to the developer for execution by the developer. The development
agreement shall be in a form and a substance acceptable to the Township
and the Township Solicitor.
(2)
The development agreement shall require, among other things, that
the developer reimburse the Township for all reasonable professional
consultant review and inspection fees incurred during the review of
the plans and the construction of the project, in accordance with
the provisions set forth in the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
Once the developer has executed the development agreement, the agreement
shall be forwarded to the Township Supervisors for approval.
(4)
Upon approval by the Township Supervisors and only after the developer
has reimbursed the Township for all reasonable fees incurred by its
professional consultants in the processing and the review of the developer's
land development plan, the final plan shall be released to the developer.
Upon release, the developer shall record the plan. No subdivision
or land development plan may be legally recorded unless it bears the
Township's approval and seal.
(5)
After the final plan has been approved and released by the Township,
the County Planning Commission shall receive, as approved, two prints
and the Township shall receive one print bearing the County Recorder's
stamp on each sheet of the recorded plan.
(6)
The developer shall file the record plan with the County Recorder of Deeds within 90 days of the date of final approval by the Township Supervisors. The Recorder's certificate that the approved plan has been recorded, with deed book and page numbers indicated, shall be submitted to the Township as stated in Subsection J. If the developer fails to record within such ninety-day time period, the action of the Township Supervisors shall be null and void unless an extension of time is granted in writing by the Township Supervisors after written request to do so by the developer.
B.
Completion of improvements.
(1)
No plat shall be finally approved unless the streets shown on such
plat have been improved (to include inspection) as may be required
by the developer's agreement and this chapter and any walkways, curbs,
gutters, streetlights, fire hydrants, shade trees, water mains, sanitary
sewers, storm drains and other improvements as may be required by
this chapter have been installed in accordance with such chapter and
agreement. The Township shall not be required to accept streets for
public dedication until the streets meet such additional standards
and specifications as required in Ord. No. 547 or its successor.[2] All streets and other improvements to be dedicated must
be free and clear of all liens, encumbrances, and other "clouds" on
title, and all taxes must have been paid to date. The developer shall
provide a title report, if requested by the Township. The developer
shall deposit with the Township the required inspection fees prior
to the release of the approved plan for recording with the County
Recorder of Deeds.
(2)
In lieu of the completion of any improvements as stated in Subsection B(1) above and within 90 days after a final plan is approved by the Township Supervisors but prior to endorsement and before a plan may be recorded and before the issuance of any building permits, the developer shall execute a financial security agreement in form and substance approved by the Township and the Township Solicitor, and deliver to the Township Supervisors financial security as a performance guarantee in the amount of 110% of the cost of all improvements required. The cost estimate shall be prepared and sealed by a professional engineer licensed in the Commonwealth of Pennsylvania. The following provisions shall apply to the security posted by developer:
(a)
An 8 1/2 inches by 11 inches reduced plan showing the subdivision
or phase thereof shall be attached to the cost estimate for easy identification.
(b)
Such bond or other security shall provide for and secure to
the public the completion of all improvements within one year from
the deliverance of the guarantee of those improvements to be located
within that portion of the subdivision or land development for which
a final plan has been approved by the Township Supervisors unless
extended in writing by the Township. The developer shall not assign
responsibility for any improvements to any other party.
(c)
In the case where development is projected over a period of
years, the Township may authorize submission of final plat by section
or stages of development, subject to such requirements or guarantees
as to improvements in the future sections or stages of development
as it finds essential for the protection of any finally approved section
of development.
C.
Installation of improvements.
(1)
Where improvements are installed as indicated in Subsection B(1) and all improvements have been inspected and approved by the Township, a maintenance guarantee shall be delivered to the Township in accordance with Subsection E. The plat shall be finally endorsed by the Township Supervisors and recorded.
(2)
Where the subdivision improvements will be installed in accordance with Subsection B(2), the Supervisors may reduce the amount of the performance guarantee where improvements have been completed and the completed improvements have been inspected and approved by the Township. If the performance guarantee is reduced, it shall be reduced by the amount which was set by the subdivision improvements agreement estimate for the completed improvements.
D.
Remedies to effect completion of improvements.
(1)
In
the event that any improvements, which are required by this chapter,
have not been installed as provided in this chapter or in accord with
the approved final plan, the Township may enforce any corporate bond
or other financial 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 Township 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 monies 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.
(2)
Release of performance guarantee.
(a)
When the developer has completed all of the necessary and appropriate improvements, either as defined in Subsection B(1) or (2), the developer shall notify the Township 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 and Zoning Officer by way of the Planning Commission Secretary. The Township Supervisors shall, within five 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 Township Supervisors and shall promptly mail a copy of the same to the developer by certified or registered mail.
(b)
The report shall be made and mailed within 15 days after receipt
by the Township Engineer of the aforesaid authorization from the Township
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.
(c)
The Township Supervisors shall notify the developer in writing
by certified or registered mail of their action.
(d)
If any portion of the improvements shall not be approved or
shall be rejected by the Township Supervisors, the developer shall
proceed to complete the same and, upon completion, the same procedure
of notification as outlined herein shall be followed.
E.
Maintenance guarantee. Where the Township accepts dedication of all
or some of the required improvements following completion, the developer
shall deliver to the Township Supervisors a maintenance guarantee
in the amount of 15% of the actual cost of installation of said improvements,
or such other amount as may be permitted pursuant to the MPC. The
purpose of this guarantee is to secure the structural integrity of
said improvements as well as the functioning of said improvements
in accordance with the design and specifications depicted on the final
plan. This maintenance guarantee shall be maintained for a term not
to exceed 18 months after the Township accepts dedication of the improvements,
or such other time as may be permitted by the MPC.
F.
Erosion and sediment pollution control plan. Where applicable (refer
to Section 5.842), no final plan shall be approved by the Township
until a sediment and erosion control plan approved by the Berks County
Conservation District is submitted to the Township by the applicant.
Such a plan shall also be approved by the Township. Before the record
plan is endorsed for recording, a copy of any earth-moving permits
required by the rules and regulations of DEP (see Title 25, Chapter
102) shall be submitted to the Township.
G.
Endorsement by Township Supervisors.
(1)
After the completion of the procedures required by this chapter,
the Supervisors shall place their endorsements on the record plan
and on as many other copies of the final plan as may be desired. The
record plan shall be signed by at least a majority of members of the
Board of Supervisors and the Township Seal shall be affixed to the
plan. No subdivision or land development plan may be legally recorded
unless it bears Township endorsement indicated by the signatures of
at least a majority of the Township Supervisors and the Township Seal.
(2)
The record plan shall be a clear and legible black-on-white print
or other material acceptable to the Recorder of Deeds.
H.
Endorsement by County Planning Commission. After the plan has been
endorsed by the Township, the plan shall be submitted by the applicant
or his agent to the County Planning Commission for endorsement. No
subdivision or land development plan may legally be recorded unless
it bears the County Planning Commission stamp "Reviewed." Such endorsement
shall be indicated on the record plan.
I.
Filing with Recorder of Deeds. After endorsement by the Township
and by the County Planning Commission, the applicant shall file the
record plan with the County Recorder of Deeds within 90 days of the
date of the meeting at which the Township Supervisors approved the
final plan. If the applicant fails to record the final plan within
such period, the action of the Township shall be null and void unless
an extension of time has been granted by the Township.
J.
The Township shall receive one reproducible reproduction of the final
plan as approved, 18 inches by 24 inches. The reproducible shall contain
the Recorder of Deeds' stamp as to deed book volume and date of recording.
K.
All streets, parks or other improvements shown on the final plan
shall be deemed to be private until such time as the same have been
offered for dedication to the Township and accepted by resolution
of the Township Supervisors. If any improvement is to be dedicated
to the Township, such offer of dedication shall be submitted to the
Township for acceptance. The acceptance of any improvement shall be
by a separate action of the Township Supervisors.
L.
As-built record plans, sealed by an engineer or surveyor registered
in the Commonwealth of Pennsylvania, shall be submitted to the Township
following inspection and approval of the improvements by the Township,
which may occur at various stages of plan development. Building permits,
certificates of use and/or occupancy and other forms of required municipal
authorizations will not be issued until such time as the required
as-built record plans are submitted and reviewed to confirm the proper
location of all improvements, and compliance with all aspects of the
approved subdivision and/or land development plan, and the creation
and delivery of easements in favor of public entities contemplated
thereby. Without limiting the generality of foregoing provision, plans
depicting the construction of improvements (i.e., "as-built plans")
will be required for each subdivided lot, prior to the issuance of
a certificate of use and/or occupancy. In addition to the hard copy
of the as-built plans, a digital copy shall be provided in one file,
in PDF format, as well as a digital design file in shapefile (preferable)
or AutoCAD .DWG format. Coordinates shall be given for monuments placed
in new subdivisions using the NAD 1983 State Plane Coordinate System.
The coordinates must be based on the network of monuments in place
throughout the Township or as directed by the Township Engineering
Department.
[Amended 5-23-2011 by Ord. No. 711]
M.
The name of a subdivision or land development shall not be changed
after final plan approval and recording, unless a new final plan is
submitted for review, approval and recording.
A.
Minor subdivision, two lots only.
(1)
In the case of any subdivision in which all proposed lots will have highway frontage on and direct vehicular access to an existing improved Township or state road and the parcel being subdivided will be divided into no more than two lots or parcels, and the lots will be used for only one- or two-family dwellings, the applicant may submit only a sketch plan for record to the Township, rather than submit sketch, preliminary and final plans. The sketch plan shall contain all information required by § 330-12 of this chapter, but shall be reviewed by the Township Planning Commission in accordance with the procedures established for review of a sketch plan. Township Supervisor approval and endorsement is required for all minor subdivisions. The Township Planning Commission shall require the submission of the results of soil percolation tests where on-lot sewage disposal systems are proposed. The Commission may, when applicable, require submission to and review by the Township Sewage Enforcement Officer, Township Sewer Authority, Township Engineer, Township Zoning Officer, the Berks County Conservation District and the Pennsylvania Department of Transportation. The plan shall be submitted to the Berks County Planning Commission for review by the applicant. A note shall be added to the plan as follows: "Further subdivision from a tract approved under this section (within 10 years of the date of final approval) will require plans prepared in full accordance with the major subdivision procedures of the Land Subdivision Ordinance in effect at that time." Ten years after date of final approval, if no further subdivision has occurred, minor subdivision regulations may be followed, if applicable.
[Amended 5-23-2011 by Ord. No. 711]
(2)
All minor subdivisions shall be recorded in the Berks County Recorder
of Deeds office.
B.
Brief subdivision, subdivisions along existing roads, property divided
into more than two lots or parcels.
(1)
In the case of any subdivision in which all proposed lots will have
highway frontage on and direct vehicular access to an existing improved
Township or state road and the parcel being subdivided will be divided
into more than two lots or parcels and the lots will be used for only
one- or two-family dwellings, the Township Planning Commission may,
at its discretion, permit the applicant to submit only sketch and
final plans to the Township, rather than requiring an applicant to
submit sketch, preliminary and final plans. The sketch plan shall
be submitted to the County Planning Commission for review. The Planning
Commission may require the submission of the results of soil percolation
tests. Submissions to and reviews from the Berks County Conservation
District and the Pennsylvania Department of Transportation may also
be required by the Planning Commission. A note shall be added to the
plans as follows: "Further subdivision from a tract recorded under
this section (within 10 years of the date of final approval) will
require plans prepared in full accordance with the major subdivision
procedures of the Land Subdivision Ordinance in effect at that time."
Ten years after the date of final approval, if no further subdivision
has occurred, brief subdivision regulations may be followed, if applicable.
Township Supervisor approval is required for all brief subdivisions.
(2)
All brief subdivisions shall be recorded in the Berks County Recorder
of Deeds office.
C.
Major subdivision. All subdivisions that do not meet the requirements
of either a minor subdivision or a brief subdivision shall be classified
as major subdivisions and shall require the submission of plans in
full accordance with the sketch, preliminary and final plan submission
and plan requirements.
D.
Resubdivision.
(1)
In the case of a preliminary or final plan approved by the Township
or other agency having right of approval prior to the date this chapter
became enforceable, this chapter shall not be applied to adversely
affect the right of the applicant to commence and complete any aspect
of the approved development in accordance with the terms of the approval
and the governing ordinances and plans at the time that the plan was
approved within five years from the date of such approval. Where final
approval is preceded by preliminary approval, the five-year period
shall be counted from the date of preliminary approval. After the
five-year period, the Township shall enforce the provisions of this
chapter with regard to the development. (Under the authority of Act
of the General Assembly No. 247 of 1968, the Pennsylvania Municipalities
Planning Code, as amended)
(2)
Any replatting or resubdivision of land, including changes to recorded
plans, shall be considered a subdivision, and shall comply with these
regulations, except that:
(a)
Lot lines may be changed from those shown on a recorded plan,
provided that in making such changes:
(b)
In every case wherein lot lines are changed as permitted above,
the applicant shall:
[1]
Submit to the Township and County Planning Commissions copies of the approved plan revised to show such changes. After this submission, the Township Planning Commission will in writing advise the applicant and Township Planning Commission Secretary if the revised plan complies with Subsection D(2)(a). The plan shall be evaluated to determine the need for a subdivision improvements agreement form.
[2]
When the plan does comply with Subsection D(2)(a), the applicant shall submit the record plan and a reproducible copy of the record plan (which will be retained by the Township) to the Township for approval and endorsement of the Township Supervisors. The applicant shall also submit the record plan to the County Planning Commission for its endorsement (which shall specifically identify the previous record plan thus superseded), and then record the plan after endorsement is secured.
[3]
The record plan shall be a clear and legible black-on-white
print, or other material acceptable to the Recorder of Deeds.
(c)
When on-lot sewage disposal is intended to be utilized, the
Township may require that a copy of the final plan be submitted to
the Township Sewage Enforcement Officer for review prior to endorsement
of the record plan.
E.
Auction sale. In the case of the proposed subdivision of land by
process of auction sale, the following procedure may be used by the
applicant:
(1)
The applicant shall prepare and submit sketch and preliminary plans,
in accordance with this chapter.
(2)
The preliminary plan shall comply with the requirements of § 330-13 of this chapter and in addition contain the following notation:
|
"This property is intended to be sold by auction on or about
_______________, 20__, in whole or in part according to this Plan.
Sale of lots at such auction shall be in the form of agreement to
purchase, and no actual transfer or ownership or interest in such
lots shall proceed until a final plan showing such division of property
shall have been approved by the Township Supervisors, in accordance
with its regulations, and recorded in the office of the County Recorder
of Deeds."
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(3)
The auction sale may then proceed in accordance with the above notation,
after which the applicant shall prepare and submit a final plan in
accordance with this chapter.
F.
Natural subdivision. When an existing public improved road bisects
a tract of ground under one ownership, an automatic subdivision of
land occurs and the parcels that are created as a result of the road
are exempt from the subdivision process, provided that the following
are met:
G.
Lot annexation. Where the conveyance, sale or transfer of land from
a parcel to an adjacent parcel is proposed for the sole purpose of
increasing lot size or adjusting lot boundaries, and not for the purpose
of creating a separate new lot or a land development, the landowner
shall submit a sketch plan of record for review.
(1)
The sketch plan of record shall contain all information required by, and be submitted and reviewed in accordance with, § 330-12 of this chapter.
(2)
The sketch plan of record shall be submitted to the County Planning
Commission for review.
(3)
Precise bearings and distances shall be shown for the parcel being
transferred.
(5)
If development is proposed for the parcel which has been increased
in size, no building permit shall be issued unless the applicable
Township regulations are met.
(6)
The plan shall contain a notation that the lot in question is being
created for the sole purpose of annexation to an adjoining parcel
and is not to be considered as a separate building lot of record.
(7)
The plan shall, in the certificate of ownership, include the signatures
of both landowners involved in the land exchange.
H.
Recording of lot annexation. Documents relating to plans involving
lot annexations shall be submitted and recorded as follows:
(1)
By the time the plan is submitted to the Township Supervisors, the
landowner shall submit to the Township Supervisors for review a copy
of the proposed deed for the parcel being annexed, which deed shall
include reference to the plan, the recording information and how the
parcel is identified on the plan and statements that the conveyance
is for annexation purposes only and that the parcel is not a separate
building lot. The parcel to be annexed shall be joined in a common
deed with the parcel to which it is annexed.
(2)
Recording approved plan.
(3)
Recording deed from the landowner of the parcel being annexed.
