Township of Butler, PA Article III Administrative Procedure

§ 252-9 Preapplication procedure.

A. Prior to submission of an application for preliminary approval of a subdivision, land development or mobile home park plan, the developer shall meet with the Township Zoning Officer or his authorized representative and any other appropriate staff persons to discuss the applicable regulations governing the proposed development, application submission requirements and the feasibility and timing of the proposed development.

B. Any developer of land within Butler Township desiring approval of a subdivision, land development or a mobile home park shall notify the Zoning Officer of Butler Township or his authorized representative at least 15 days prior to the regularly scheduled Planning Commission meeting of his intention to attend a preapplication conference with the Planning Commission.

C. The purpose of the preapplication meeting is to acquaint the Planning Commission with the proposed development, to indicate to the developer the constraints upon development contained in this chapter and other ordinances of Butler Township that may bear upon his proposal and to discuss the impact of the proposal upon the Township's Comprehensive Plan.

D. The preapplication conference with the Planning Commission is voluntary, and no formal application or fee is required. This opportunity is afforded to the developer to obtain information and guidance before entering into binding commitments or incurring substantial expenses for plan preparation.

§ 252-10 Minor land developments.

[Added 12-21-2009 by Ord. No. 846[1]]

A. On recorded parcels where the proposed development involves 1,000 square feet or less of new construction, no new public utilities or extension of public or private roadways or streets and related site improvements, minor land development administrative approval shall precede the issuance of any required permit.

B. For the purpose of expediting applications and reducing site development design and construction costs, an informal advisory meeting, where the owner/applicant submits two copies of a preliminary site plan in accordance with the following requirements, shall be conducted by the Zoning Officer.

(1) Advisory meeting. An owner/applicant shall submit preliminary site plans prior to the scheduled meeting date with the Township Zoning Officer to discuss the proposal. At the Zoning Officer's discretion, the Township Engineer, Solicitor, or other professional consultants may participate in the advisory meeting. All costs associated with professional consultants shall be borne by the applicant. The purpose of this step is to afford the owner/applicant advice and assistance in order to save time and money, suggest professional assistance if needed, and to answer any questions the owner/applicant may have in regard to filing a minor land development application or other items required. The thirty-day time period for formal review by the Zoning Officer shall not begin until a completed application has been submitted.

(2) General information. The owner/applicant shall be prepared to discuss the details of the proposed site, including a description of existing covenants, land characteristics, community facilities and utilities, commercially developed areas, abutting residential areas, industrial areas, open space and proposed protective covenants, utilities and existing street or road improvements. The following data shall be submitted and shall replace submittal requirements enumerated in §§ 252-11 and 252-12:

(a) The boundaries of the property described by bearings and distances;

(b) The location of abutting street rights-of-way indicating street curbs and street width, as well as existing and/or proposed curb cuts entering the property and streets or curb cuts directly across the street or road from the property;

(c) The location of existing structures to remain and proposed building or building additions, showing distances to property lines, height, and proposed use of each.

(d) The location and size of existing utilities to remain, including sewers and overhead utilities or location of proposed on-lot sewage disposal system and well.

(e) Arrangement of off-street and on-site parking for the property, indicating the number of spaces and location of access lanes, as well as truck-servicing areas, interior circulation and anticipated traffic generation rates based on the applicable land use code from Volume 8, or subsequent versions of the ITE Trip Generation Manual.

(f) Proposed areas of grading on the site, indicating steepness of slopes and means to collect and dispose of stormwater, in accordance with this section.

(g) Proposed landscaping of the site, indicating also pedestrian walks, retaining walls, fences and other features.

(h) A location map shall show the relationship of the proposed development to existing community facilities which serve or influence it and shall include development name, location, existing facilities, title, scale, North arrow and date.

(i) The location of the proposed development shall be shown on the U.S. Geological Survey Map or a comparable substitute for purposes of relating the development to the existing topography, slopes, gradient and other physical features.

(j) Land subject to hazards of life, health, and safety shall not be developed until such hazards have been removed. These hazards shall be interpreted to mean land subject to flooding, slides due to excessive slope or soil conditions, or excavation, land of excessive or improper fill material, or land improperly drained.

(3) The administrative review of a minor land development shall be completed within 30 days of the initial review and determination of the Zoning Officer that such application meets the criteria for a "minor land development," as defined. Within seven days of the Zoning Officer's administrative review of the minor land development application, a determination shall be made, in writing, forwarded to the applicant's address, as to the procedure to be followed for approval and whether the application shall be given full consideration by the Planning Commission as a land development.

(4) All required federal, state and Township permits and approvals shall be acquired by the owner/applicant prior to the issuance of any building or zoning permits.

(5) The owner/applicant shall be apprised of the required method of payment for costs associated with professional consultant review fees, technical reports, inspections and related services as per the provisions of § 252-54, Filing, application review and inspection fees. The owner/applicant shall be responsible for all such costs.

[1] Editor’s Note: This ordinance also redesignated former §§ 252-10 through 252-67 as §§ 252-11 through 252-68, respectively.

§ 252-11 Preliminary application.

A. Application procedure. Having completed the preapplication procedure, any developer of land within the Township desiring preliminary approval of a subdivision, land development or a mobile home park plan shall submit not fewer than 10 copies of the documentation required in Subsection J below to the Zoning Officer of Butler Township or his authorized representative at least 30 calendar days prior to the regularly scheduled Planning Commission meeting at which such submission will be considered. All drawings submitted shall be folded so that the title block is visible on the outside and so that the folded drawing has a maximum dimension of nine inches by 12 inches. The applicant shall be present or be represented at the meeting to answer questions raised by the Commission relative to the application. The preliminary plan application procedures may be waived and the developer may proceed with final plan application, provided that the plan presented as a final plan includes the entire property to be ultimately developed and the requirements of § 252-44 of this chapter have been met.

B. Review and referral by the Zoning Officer or his authorized representative. Prior to the regular meeting of the Planning Commission for which an application has been submitted, the Zoning Officer or his authorized representative shall review the submitted documents as to conformance with the requirements of this chapter and other applicable Township regulations upon development and as to incorporation of requests and suggestions made at the preapplication procedure meeting, if any. If the Zoning Officer or his authorized representative is satisfied that all ordinance and other requirements have been met in the application, he shall submit one copy of the documentation to the Township Engineer for his review, one copy to the Board of Commissioners for its information and one copy to the County Planning Commission for its review. If the Zoning Officer or his authorized representative is not satisfied that all ordinance and other requirements have been met in the application, he shall return the application to the developer as incomplete or improperly filed, indicating to the developer, in writing, the specific discrepancies and citing the specific ordinance provisions which have not been met, and request the developer to correct the documents to conform before again starting the preliminary approval procedure. An application shall not be considered complete and properly filed unless and until all items required by Subsection J of this section for a preliminary application, including the filing fee, have been received by the Township.

C. Public hearing. The Planning Commission may call and hold a public hearing to gather testimony relative to the development proposal, but such a hearing shall be concluded within the sixty-day period for preliminary plan consideration. Public notice, as defined by this chapter, of such a hearing shall be given.

D. Recommendation by Planning Commission. The Planning Commission shall recommend to the Board of Commissioners approval, approval with specific conditions or disapproval of the proposed preliminary application and shall communicate its decision, in writing, to the Board of Commissioners not later than 60 days after the date of the meeting at which the preliminary application was first considered and accepted as complete and properly filed. The recommendation shall be based upon the Township Planning Commission's own review and the review and comments submitted by the Township Engineer. If plan revisions are necessitated by the Planning Commission's recommendation, the developer shall submit five copies of the revised preliminary plat at least five working days before the meeting of the Board of Commissioners at which the application is to be considered.

E. Approval by Board of Commissioners. Within 90 days of the date of the Planning Commission meeting at which the preliminary application is accepted as complete and properly filed, the Board of Commissioners shall approve, approve with conditions or disapprove the proposed preliminary application at a public meeting and shall communicate the official decision, in writing, to the developer at his address of record not later than 15 days after the decision is reached, indicating specifically, if the approval is denied, the reasons for denial, citing the appropriate ordinance sections. However, the action shall not be taken until at least 30 days after the date that the preliminary plan was sent to the County Planning Commission or until the county recommendations on the plan are received by the Township, whichever is earlier.

F. Failure to render a decision. Failure of the Board of Commissioners to render a decision and/or to communicate it to the developer within the time and in the manner required in Subsection E above shall be deemed an approval of the application as presented, unless the developer 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 or communication shall have the same effect.

G. Conditional approval. If the Board of Commissioners determines that certain conditions are warranted to be attached to preliminary approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of the official decision required by Subsection E of this chapter. The applicant shall accept or reject the conditions attached to the approval by giving written notice to the Township Secretary within 30 days of the date at which preliminary approval with conditions is granted. If the applicant fails to give written notice to the Township regarding acceptance of the conditions attached to preliminary approval within the required 30 days, preliminary approval shall automatically be rescinded without written notice to the applicant.

H. Amendment of ordinances affecting application. From the time an application for approval of a subdivision land development or mobile home park is duly filed with the Zoning Officer of the Township or his authorized representative and which such application is pending approval or disapproval, no change or amendment of this chapter or others affecting development in the Township shall influence the decision on such application adversely to the developer, and the developer 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 developer, no subsequent change or amendment to this chapter or other ordinance affecting development in the municipality shall be applied to influence the right of the developer 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 or, in the case of a plan proposed to be developed in phases, within the time required and subject to the conditions specified in Section 508(4) of Act 247,[1] the Pennsylvania Municipalities Planning Code, as amended by Act 170 of 1988 (53 P.S. § 10101 et seq.).

[1] Editor's Note: See 53 P.S. § 10508(4).

I. Interpretation of approval. Except in the case where preliminary approval is waived under § 252-44 of this chapter, 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 of the date of the grant of preliminary approval by the Board of Commissioners. After one year, if the developer has not proceeded to final application submission, he shall resubmit the preliminary application.

J. Application submission requirements. The preliminary application shall include but not be limited to the following, with all drawings submitted on sheets not exceeding 24 inches by 36 inches in 10 copies:

(1) Completed application form supplied by the Township.

(2) Application filing fee as required by § 252-54 of this chapter.

(3) An existing conditions map at a minimum scale of one inch equals 100 feet showing:

(a) Contours at two-foot intervals throughout the property and datum to which the elevations relate;

(b) Boundary of the property indicating bearings and distances of each line enclosing the property;

(c) Area of the property in acres;

(d) Boundaries of all abutting unplatted land with names of owners, all abutting subdivisions with name of subdivision and plat book reference; and any abutting municipal boundaries;

(e) Existing streets or roads abutting the property or within 50 feet of it, indicating the name, surfacing, right-of-way width and pavement or cartway width;

(f) Existing easements, if any, indicating width, bearings, distances, use and lessee;

(g) Existing public sewer, gas and water lines in the property or within 50 feet of it, indicating line size, manholes, invert and top-of-manhole elevations, valves, fire hydrants and other appurtenances;

(h) Existing streams and watercourses in the property or within 50 feet of it, together with culverts and storm drain lines indicating line size, location of culverts and storm inlets;

(i) Existing tree masses and other significant natural features within the property;

(j) Existing structures or other significant man-made features such as driveways or walls within the property or within 50 feet of it;

(k) North arrow, linear scale, the date that the map was prepared, the name of the registered engineer or surveyor who prepared the map (including his Pennsylvania seal), the name of the subdivision or development and the names of owners of record of the property, together with the developer's name, if not the owner; and

(l) Location map at a scale of one inch equals 2,000 feet showing the property, the road it abuts, major roads in the vicinity and other major physical features nearby.

(4) Affidavit in which the owner of the property to be divided or developed, if he is not the developer, concurs in the development plan.

(5) Proposed subdivision and/or land development plan map, at a minimum scale of one inch equals 100 feet, of the entire property showing:

(a) Proposed lot plan indicating minimum lot size in square feet, minimum lot width at front building line, setback line from street right-of-way and lot numbering plan;

(b) Proposed street plan, indicating right-of-way width, pavement widths, pedestrian circulation and connection to existing public roads;

(c) Proposed location of sewer, water and gas lines including any major facilities related thereto on or near the site and connection to existing systems;

(d) Proposed easements, licenses, consents, rights-of-way and other requirements necessary for approval;

(e) Proposed solution to surface storm drainage showing storm sewers, any necessary easements and major facilities related to drainage, if any;

(f) Location and approximate size of area or areas to be set aside for recreational or community use, if any;

(g) Proposed grading of the site;

(h) Where multiple-family or townhouse structures are proposed, the locations of these buildings shall be indicated showing approximate number of dwelling units proposed in each and minimum distances between road right-of-way or property lines and nearest structures and between buildings; and

(i) Proposed parking plan indicating location of each area to be used for parking, general arrangement of spaces, access lanes and number of cars to be accommodated in each area.

(6) In addition to the information required by Subsection J(5) above, the following information shall be provided for all land developments:

(a) Area location map.

(b) Bearings and distances of all property lines and area in square feet of the property.

(c) The location and name of street or streets abutting the property, showing curbs or edge of paving on both sides of street, existing curb cuts or access points on both sides, and proposed curb cuts into the property.

(d) Approximate location, in or adjacent to the property, of sanitary sewers, storm sewers, water lines, gas lines and electric lines, with direction of sewer flow, line sizes and location of stormwater inlets, sewer manholes and hydrants shown.

(e) Topography of the site, indicating existing contours and proposed regrading at two-foot intervals, or, if property has a fall or less than five feet from high to low point, spot elevations at property corner points.

(f) The location, height and use of all existing structures on the property and proposed structures, indicating structures to be removed, if any, and the distances between proposed structures or additions to existing structures and adjacent property boundary lines, and approximate location of existing structures on adjacent properties within 50 feet of the property boundaries.

(g) Paved areas, showing edges of proposed paving and arrangement of parking spaces and aisles, servicing areas, lighting of paved areas, pedestrian walkways and sloping of paved surfaces to storm drainage system.

(h) Traffic circulation on the site, ingress and egress to and from the site and the layout of proposed parking and loading areas.

(i) Storm drainage plan, indicating inlets, storm drain piping, holding ponds, where necessary, methods of retarding runoff on the property and points of entrance into public storm drains, streams and drainage swales, together with calculations prepared by a registered engineer justifying the storm drainage plan.

(j) Proposed landscaping and screening plan, showing types of materials to be used and approximate arrangement.

(k) Proposed freestanding signs, including sketch of one face, area of each face, distances to property boundary lines, height to top of sign and method of lighting; and signs to be attached to building or buildings, indicating type of sign, dimensions, sketch of face, location on building and method of lighting.

(l) Garbage container storage area and means of screening.

(m) Architectural sketch of the wall of the principal building which faces the street, indicating building materials and arrangement of door and window openings, as well as architectural features.

(n) Names and addresses of property owner and/or developer and names, addresses and seals of architect and/or engineer employed in the preparation of the site plan.

(o) North arrow, scale of the land development plan, name of the proposed land development, date of preparation and all revision dates.

(p) The title page of the set of drawings to be presented shall be drawn upon a Mylar original containing the required signature blocks available at the Township Building. Any subsequent sheets in the set shall be the same size as the title page.

(7) Traffic report. All applications for subdivisions and land developments which propose more than 50 dwelling units or which, according to the Institute of Transportation Engineers (ITE) standards, will generate in excess of 500 trips per day shall be accompanied by a traffic report prepared by a qualified traffic engineer which contains the following information:

(a) General description of the site proposed for development, including a detailed description of the roadway network within 1,000 feet of the site, a description of the proposed land uses, the anticipated stages of construction and anticipated completion of the proposed development. This description may be in the form of a map which shall include the following items:

[1] All major intersections.

[2] All existing and proposed ingress and egress locations.

[3] All existing roadway widths and rights-of-way.

[4] All existing traffic control signals and traffic control devices.

[5] Any changes in the roadway network proposed by a governmental agency.

[6] All existing and proposed public transportation services and facilities within a one-mile radius of the site.

(b) Description of existing capacities and levels of service of all streets and intersections within 1,000 feet of the site.

(c) Determination of the trip generation expected to result from the proposed development based on the ratios and methodology contained in the current edition of the Manuals of the Institute of Transportation Engineers (ITE).

(d) Impact of the proposed development on the existing roadway and intersection service levels within 1,000 feet of the site.

(8) Developer's engineer's report containing:

(a) Proposed sewage disposal system in terms of connection to existing public system based on remaining line and plant capacity or if on-site disposal system based on permeability of the ground at the proposed location of each disposal unit and impact upon discharge of treated effluent to receiving streams or drainageways;

(b) Proposed storm drainage plan in terms of impact upon adjacent properties and proposals to control soil erosion and stream pollution during and after construction;

(c) Proposed water supply plan in terms of available capacity in public system, if connection is made to it, or reliability, anticipated flow and quality of wells if they are to be used, as well as documentation regarding adequacy of water pressure available for firefighting;

(d) Proposed solutions to problems related to soil, mineral or water conditions underlying the property;

(e) Proposed grading of the property and justification for consideration of slopes in excess of those permitted by this chapter;

(f) Estimate of costs of installation of required improvements in the proposed plan; and

(g) Engineer's seal and the date the report was completed.

(9) Public utilities and facilities plan map, prepared at the same scale as the final plan map, shall show the following:

(a) Sewage disposal system, including:

[1] The location of all interceptor, collection and building connection lines, indicating line size, line length, direction of flow, slope and pipe material;

[2] The location of all manholes and lampholes, indicating invert, and top of lid casting elevations;

[3] The location of the point of connection to the existing system, or, if an individual septic system is to be utilized, the location and size of the approved system;

[4] Data on expected sewage flow, capacity of collection system or capacity of septic system.

(b) Water supply system, including:

[1] The location of all supply lines by size and material, hydrants, valves, pumping stations, etc.

[2] The location of supply source, either connection to existing system or source on the property indicating, if a well or wells, their depth, water quantity expected and chemical analysis of a sample taken from the well.

(c) Gas service, including:

[1] The location of lines by size, pressure and material and the name of the supplier.

[2] The location of the point of connection to the existing system and any reducing, metering or other appurtenances to be placed on or near the property.

(d) Electric and telephone service, including:

[1] The location of distribution lines by design electrical load with notation of whether overhead or underground and location of transformers in vaults, pad-mounted or on poles to serve the developed property.

(e) Recreation facilities, if proposed, including:

[1] The arrangement of areas on the property to be developed for recreational use, indicating specific structures and equipment to be placed, access paths to and through the areas, grading of area and treatment of ground surfaces.

(f) Parking areas, if proposed, including:

[1] The location of group parking areas indicating limits of paved areas, arrangement of parking spaces, size of typical space, width across access lanes and method of stopping car wheels.

(g) Streetlights, if proposed, including:

[1] The location of each streetlight, whether on a street right-of-way, a pedestrianway or in a recreation or parking area.

[2] The electrical supply network if separate from electrical distribution system; and

[3] The type of poles and types and characteristics of luminaries to be used.

(h) Letter from a public utility in lieu of map.

[1] Where improvements are to be constructed to meet requirements of a public utility and are to be taken over as part of the utility's distribution or collection system upon completion, a letter from the utility agreeing to accept the improvements upon completion to its satisfaction, will suffice in lieu of a map to meet requirements of this section.

[2] Portions of any public utility not to be taken over as part of the public system, such as extensions into a developer's property, shall meet the requirements of this section.

(10) A grading and stormwater management plan, prepared at the same scale as the final plat, shall show the following:

(a) Unless required by other ordinances or laws of the commonwealth, in simple subdivisions, grading shall be shown at ten-foot contour intervals. In all other plans, grading shall be shown at two-foot contour intervals. The grading plan shall include:

[1] The configuration of existing contours to remain unaltered.

[2] The configuration of existing contours to be altered.

[3] The configuration of new contours.

[4] Ten-foot contours shall be shown by a heavier line than intermediate contours.

(b) Storm drainage, including:

[1] The location, size, slope, direction of flow, capacity and material of all storm drain lines, together with any connections to existing systems;

[2] The location of all catch basins, manholes, culverts and other appurtenances in the system showing all invert elevations;

[3] The location of all storm drainage easements; and

[4] The location of surface swales to direct storm drainage, if used.

(11) Street profiles and cross sections.

(a) Profile along center line of each section of street to be constructed showing existing ground elevation, street grades, vertical curves, including lengths of arcs, angle of connected grades and points of tangent extending for 100 feet beyond the property to indicate connection to existing streets;

(b) Typical cross section through street between right-of-way lines showing thickness and widths of materials to be used in construction of roads and sidewalls as well as drainage and grading to be carried out in the right-of-way.

(c) Vertical dimensions may be exaggerated in relation to horizontal dimensions, but profiles and cross sections shall be drawn on same size sheet as plan maps.

§ 252-12 Final application.

A. Application procedure. Having successfully completed the preliminary application procedure, any developer of land within Butler Township desiring final approval of a subdivision, land development or a mobile home park shall, within one year of the grant of preliminary approval by the Board of Commissioners, submit not fewer than 10 copies of the documentation required in Subsection I below to the Zoning Officer of Butler Township or his authorized representative at least 30 days prior to the regularly scheduled Commission meeting at which such submission will be considered. The drawings submitted shall be folded so that the title block is visible on the outside and so that the folded drawing has a maximum dimension of nine feet by 12 feet. The developer shall be present or be represented at the meeting to answer questions raised by the Commission relative to the application. Such final application may be for all or a part of a plan already given preliminary approval, in accordance with Subsection J below.

B. Review and referral by the Zoning Officer or his authorized representative. Prior to the regular meeting of the Planning Commission for which an application is submitted, the Zoning Officer or his authorized representative shall review the submitted documents as to conformance with the requirements of this chapter and other applicable municipal regulations upon the development and as to incorporation of required conditions, additions, deletions and/or changes resulting from the preliminary approval. If the Zoning Officer or his authorized representative is satisfied that all requirements have been met in the application, he shall submit one copy of the documentation to the Township Engineer for his review, one copy to the Board of Commissioners for their information and one copy to the County Planning Commission for review. If the Zoning Officer or his authorized representative is not satisfied that all requirements have been met in the final application, he shall return the application to the developer as incomplete or improperly filed, indicating to the developer, in writing, the specific discrepancies and citing the specific provisions of the ordinance which have not been met and request the developer to correct the documents to conform before again starting the final application approval procedure. An application for final approval shall not be considered complete and properly filed unless and until all items required by Subsection I of this chapter for a final application, including the filing fee, have been received by the Township.

C. Recommendation by the Planning Commission. The Planning Commission shall recommend approval or disapproval of the proposed final application to the Board of Commissioners, in writing, not later than 60 days after the date of the meeting at which the final application was accepted as complete and properly filed. The recommendation shall be based upon the Commission's own review, including, if needed, a field visit to the property and review of the comments submitted by the Township Engineer.

D. Approval by Board of Commissioners. Within 90 days of the date of the Planning Commission meeting at which the final application is accepted as complete and properly filed, the Board of Commissioners shall approve, approve with conditions or disapprove the proposed final application at a public meeting and shall communicate the official decision, in writing, to the developer at his address of record not later than 15 days after the decision is reached, indicating specifically, if the approval is denied, the reasons for denial, citing the appropriate ordinance sections. However, the action shall not be taken until at least 30 days after the plan was sent to the County Planning Commission or until the county recommendations on the plan are received by the Township, whichever is earlier.

E. Public hearing, failure to render a decision and amendment of ordinance affecting applications. The regulations contained in § 252-11, Subsections C, F and H entitled "Public hearing", "Failure to render a decision", and "Amendment of ordinance affecting applications," governing preliminary applications shall also apply to final application procedure.

F. Conditional approval. If the Board of Commissioners determines that certain conditions are warranted to be attached to final approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of the official decision required by Subsection D of this section. The applicant shall accept the conditions attached to the approval either by giving written notice to the Township Secretary or executing the development agreement required by § 252-13C of this chapter within 30 days of the date at which final approval with conditions is granted. If the applicant fails to execute the development agreement or to give written notice to the Township regarding acceptance of the conditions attached to final approval within the required 30 days, final approval shall automatically be rescinded without written notice to the applicant.

G. Resolution indicating approval. When requested by the developer, in order to facilitate financing, the Board of Commissioners shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining a satisfactory financial security. The final plat or record plan shall not be signed nor recorded until the financial improvements agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days, unless a written extension is granted by the Board of Commissioners. Such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.

H. Guaranty that improvements will be completed. As a condition of final plan approval, the developer has two options. The developer may either:

(1) Deposit with Butler Township an improvement bond, as defined by this chapter, after bond review by the Township Solicitor, to be held in escrow and equal to the total estimated cost, determined and posted in accordance with the procedure specified in § 252-13A of this chapter, for all improvements to be constructed to serve the approved final plan (and not to be guaranteed by requirements of other authorities), agreed to by the developer and Township; or

(2) Waive the improvement bond and construct all improvements agreed to between himself and the Township, but relinquish the right to be issued any building permits for construction on lots served by the improvements until all improvements have been completed, inspected and approved by the Township. The procedure for inspection and approval of the improvements shall be in accordance with §§ 252-14 through 252-20 of this chapter; however, in lieu of release of the improvement bond, the proper officers of the Township shall be authorized to execute the final plat for recording purposes upon satisfactory completion of the improvements. Building permits shall not be authorized for any lot in the plan until all required improvements have been accepted by the Township and the final plat has been recorded in the County Recorder of Deeds office in accordance with § 252-13E and F of this chapter.

I. Final application submission requirements. The final plan application shall include but not be limited to the following, with all drawings submitted on sheets not exceeding 24 inches by 36 inches with 10 copies:

(1) Completed application form supplied by the Township.

(2) Application filing fee as required by § 252-54 of this chapter.

(3) One copy of the approved preliminary plan.

(4) Final plat, prepared in accordance with the following requirements:

(a) The map scale shall be a minimum of one inch equals 100 feet.

(b) The map shall be prepared in ink on tracing cloth or stable dimension film material.

(c) Indexed sheets may be used for large tracts, provided that a key map is prepared and, 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 granted preliminary approval to that for which final approval is sought.

(d) A title block in the lower right-hand corner of each sheet containing:

[1] Title approved by the Planning Commission under which the subdivision or development plan is to be recorded.

[2] The date of plan submission.

[3] The graphic scale.

[4] The name and address of owner of land, and developer, if different from the owner.

[5] The name and address of the professional engineer or surveyor who prepared the plan with seal affixed.

(e) Certificates and acknowledgments on one sheet, including the following, as applicable:

[1] Individual or corporate adoption, notarized;

[2] Individual or corporate acknowledgment, notarized;

[3] Guaranty of title and mortgagee's consent to recording when applicable, notarized;

[4] Engineer's certificate, sealed;

[5] Approval by Board of Commissioners;

[6] Approval by Planning Commission;

[7] Approval by Township Engineer;

[8] Local municipality release from obligations to construct improvements;

[9] Offers of dedication of public streets and/or land areas for public or community purposes;

[10] Ownership and maintenance of common areas not proposed to be dedicated to the public;

[11] Notation of approval of any zoning variances granted or modifications to the provisions of this chapter granted, if applicable;

[12] Review by County Planning Commission; and

[13] Proof of recordings.

(5) All of the following general information shall be shown on the final plat:

(a) Perimeter boundary lines of the property for which approval of subdivision and/or development is sought;

(b) Street right-of-way lines;

(c) Subdivision lines within the property to be divided;

(d) Building setback lines from adjacent street within each lot;

(e) Easement rights-of-way lines within the property;

(f) Accurate dimensions by bearings and distances of all property, subdivision and easement lines;

(g) Accurate dimensions by bearings and distances of all street right-of-way lines as well as all curve data, deflecting angels, lengths of arcs, points of tangency and deflection and angles of all corners;

(h) Widths of all rights-of-way, streets and easements;

(i) The names of all streets;

(j) Numbered lots and blocks to identify each parcel to be subdivided, such numbering system to be continuous over the entire property for which preliminary approval was granted, if different from final approval application;

(k) The location of all monuments and markers, related to an existing official monument by bearings and distances;

(l) The location of any lands within the property to be dedicated for public use or for use of the residents of the plan, such land to be designated for a specific use and dimensioned as for other lots;

(m) The area (in acres) of each parcel of land in the property to be subdivided;

(n) The names of owners of unplatted adjacent property and names of adjacent lot plans or development plans;

(o) The information pertaining to the property to be developed or subdivided, including the boundary, shall be shown in heavier ink lines than the information relating to the area surrounding the property;

(p) North arrow; and

(q) If applicable, a notation on the plat that access to a state highway shall only be authorized by a highway occupancy permit issued by the Pennsylvania Department of Transportation under Section 420 of the State Highway Law (P.L. 1242, No. 428 of June 1, 1945).[1]

[1] Editor's Note: See 36 P.S. § 670-420.

(6) Titles and approvals. Before final approval can be granted to the developer, he shall present to the Township the following documents:

(a) Letters from the public suppliers of water and sewage disposal stating that they can handle the requirements of the development plan when completed. Alternatively, the developer may submit a certificate from the Township Sewage Enforcement Officer attesting that the proposed developer meets all State Department of Environmental Resources requirements.

(b) Certificate from the Butler County Soil Conservation District or the State Department of Environmental Resources that an acceptable plan for erosion and sedimentation control and stormwater drainage has been submitted and approved by the appropriate agency.

(c) Any covenants and/or rights of easement in the form in which they will be filed as legal documents.

(7) An improvement bond, unless waived in accordance with Subsection H(2) of this section.

J. Phased approval.

(1) In the case where development of a subdivision or land development is projected over a period of years, the Township authorizes submission of final applications by sections or phases of development, subject to such requirements or guaranties for public improvements in future sections or phases of the development which are essential for the protection of the public welfare and any existing or proposed section or phase of the plan.

(2) All sections or phases must conform to the preliminary application as previously approved by the Township. Any phase that contains substantive changes in the number of lots or buildings proposed or in the layout of the lots, buildings or streets previously approved in the preliminary application will require complete resubmission of the preliminary application in accordance with § 252-11 of this chapter.

(3) No phase or section of a plan shall be approved unless the phase or section can function as a cohesive and self-supporting unit and all improvements necessary to support that phase are provided or guaranteed to be provided.

K. Mediation option.

(1) The Board of Commissioners may offer the mediation option as an aid in completing the proceedings authorized by this article. Mediation shall supplement, not replace, those procedures in this article once they have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting Township police powers or as modifying any principles of substantive law.

(2) Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. In offering the mediation option, the Board of Commissioners shall assure that in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:

(a) Funding mediation.

(b) Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.

(c) Completing mediation, including time limits for such completion.

(d) Suspending time limits otherwise authorized in this chapter or in the Pennsylvania Municipalities Planning Code (Act 247, as amended)[2], provided that there is written consent by the mediating parties, and by an applicant or the Board of Commissioners, if either is not a party to the mediation.

[2] Editor's Note: See 53 P.S. § 10101 et seq.

(e) Identifying all parties and affording them the opportunity to participate.

(f) Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.

(g) Assuring that mediated solutions are in writing and signed by the parties, and become subject to review and approval by the Board of Commissioners pursuant to the authorized procedures set forth in this chapter.

(3) No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.

§ 252-13 Requirements for final approval.

A. Improvement bond.

(1) In lieu of the completion of any improvement required prior to and as a condition of final approval of a plat, the applicant shall deposit an improvement bond, as defined by this chapter, in favor of the Township, in an amount equal to 110% of the cost of completion of the improvements estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Township may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Township may require the developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this subsection.

(2) The amount of the improvement bond required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer licensed as such in this commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the Township and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable, and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Township and the applicant or developer.

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

B. Amenities bond. In lieu of completion of any improvement which is not proposed to be dedicated to the public, but which is required prior to, or as a condition for, final plat approval, the applicant shall deposit with the Township an amenities bond, as defined by this chapter, in favor of the Township, in an amount sufficient to cover the costs of all such required improvements. The amenities bond shall be in an amount equal to 110% of the cost of the improvements for which the amenities bond is posted. The procedure for determining the amount of the amenities bond for a period beyond one year shall be the same as the procedures specified in Subsection A above for determining and extending the improvement bond.

C. Development agreement. Before granting final approval, the Board of Commissioners shall require that the developer execute a development agreement with the Township, in a form acceptable to the Township Solicitor, containing any conditions of approval, provisions that are reasonably required to guarantee the proper installation of on-site and off-site improvements related to the subdivision and/or land development and provisions necessary to indemnify the Township in connection therewith. Said agreement shall be executed, the improvement bond required by Subsection A of this section shall be posted, the amenities bond required by Subsection B of this section, if required, and the stormwater maintenance fee required by § 252-38G of this chapter, if required, shall be posted and all required fees shall be paid before the Board of Township Supervisors shall affix his or her signature and the Township Seal to the final plat for recording purposes.

D. Approval by other agencies. Approval of final plats by the Board of Commissioners shall not be binding if any state or federal agencies find just cause to disapprove the development. It shall be the developer's responsibility to obtain all necessary approvals from state or federal agencies.

E. Recording of final plat. Upon approval of a final plat by the Township, the developer shall, within 90 days of such final approval, record such plat in the office of the Butler County Recorder of Deeds, or the Township's approval shall be null and void. Final plats for land development plans which are proposed for lots within a previously recorded plat shall not be required by this chapter to be recorded in the Butler County Recorder of Deeds Officer, provided that there is no change to any lot line, easement, right-of-way or other recorded feature of the previously recorded plan. If a land development plan is proposed which includes a subdivision, resubdivision or consolidation, the final plat for the subdivision, resubdivision or consolidation shall be recorded. In no case shall building locations, parking areas, landscaping and other private improvements proposed in any land development plan be required to be recorded; however, all information specified by § 252-12I for a final application shall be required to be submitted for approval by the Township, whether or not a final plat is recorded.

F. Filing of copies. Within five days of recording of the final plat in the office of the County Recorder of Deeds, the developer shall submit a copy of the recording receipt to the Township Zoning Officer or his authorized representative. As soon as is practical after recording of the final plat in the office of the County Recorder of Deeds, the developer shall deliver to the Township Zoning Officer or his authorized representative two paper prints of the plat as recorded, containing all required signatures and dates of approval. Proof of recording shall be required prior to the issuance of any building permit for any lot shown on the final plat.

§ 252-14 Construction review and approval.

A. Prior to initiating any construction in an approved plan, the developer shall attend a preconstruction meeting with the Township Zoning Officer or his authorized representative, Road Superintendent and other appropriate Township officials to discuss inspection procedures and the schedule for construction.

B. The developer shall notify the Inspector at least 72 hours prior to beginning any installation of public improvements in an approved plan. While work is in progress, the developer shall notify the Inspector at least 72 hours prior to the time that the following minimum required progress inspections are desired. The Township reserves the right to perform inspections in addition to the minimum required progress inspections listed below at the discretion of the Inspector, if conditions warrant:

(1) Review and approval of subgrade of streets prior to laying of base.

(2) Review and approval of base prior to final paving of streets.

(3) Review and approval of streets after wearing course or seal coat is applied.

(4) Review and approval of trenches for installation of all underground utilities, including water lines, gas lines, electric/telephone/television cables, sanitary sewer lines, storm sewers and drainage facilities before they are covered.

C. The Inspector shall prepare a written report of all inspections in quadruplicate on forms provided by the Township. One copy shall be retained by the Township, one copy shall be retained by the Township Engineer, one copy shall be supplied to the developer and one copy shall be supplied to the contractor.

D. All construction materials used in sewers, streets, sidewalks and other required improvements shall be tested by a qualified testing laboratory, if required by the Township Engineer. The cost for such tests shall be borne by the developer.

E. The developer shall be responsible for the payment of inspection fees in accordance with the procedure specified by § 252-54C of this chapter.

§ 252-15 Notice of completion.

When the developer has completed the required public improvements in a plan, the developer shall notify the Township, in writing, by certified or registered mail. Within 10 days of the receipt of such notification, the Board of Commissioners shall authorize the Township Engineer to inspect the public improvements in the plan to determine compliance with the design standards and standards for construction specified in Articles IV and V of this chapter.

§ 252-16 Filing of plans.

Upon completion of the public improvements in a plan, as-built plans and profiles of the public improvements, as constructed, shall be filed with the Township by the developer within 10 days of the mailing of the notice of completion. In addition, the developer's engineer shall submit a certification, under the engineer's seal, that the improvements have been installed and completed in accordance with the plans and specifications designed by the engineer.

§ 252-17 Inspection and release from improvement bond.

A. The Board of Commissioners shall, within 10 days after receipt of the notice of completion, direct and authorize the Township Engineer to inspect all the improvements to determine compliance with the design standards and standards for construction specified in Articles IV and V of this chapter.

B. Having made his inspection, the Township Engineer shall file a detailed report, in writing, with the Board of Commissioners, not later than 30 days after receipt of the authorization to proceed, with a copy of the report sent by registered mail to the developer. The report shall 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 rejection. Upon receipt of the Township Engineer's report and its acceptance by the Board of Commissioners, the Board of Commissioners shall, within 15 days after its regular monthly meeting next succeeding receipt of the report, notify the developer, in writing, by certified mail, of its action relative to the Township Engineer's report.

C. If the Board of Commissioners or the Township Engineer fails to comply with the time limitation provisions of this section, all improvements will be deemed to have been approved and the developer shall be released from all liability pursuant to the improvement bond posted with the Township.

D. If any portion of the improvements are not approved or are rejected by the Board, the developer shall proceed to complete the improvements so designated and, upon completion, the same procedure of notification, inspection and approval shall be initiated and followed as outlined in this article.

E. Nothing in this article shall be construed to limit the developer's right to contest or question by legal proceedings or otherwise any determination of the Board of Commissioners or the Township Engineer.

F. If any improvements covered by the improvement bond have not been installed during the time that the improvement bond remains in effect, the Board shall have the power to enforce the improvement bond by appropriate legal action and equitable remedies. If proceeds of such improvement bond are insufficient to cover the cost of installing or making repairs or corrections to all the improvements covered by the improvement bond and found unacceptable or left uninstalled, the Board, 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 the satisfying of the improvement bonds or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of improvements covered by such security and for no other municipal purpose.

G. The developer and the Board may agree to a program of partial release of the improvement bond as the installation of improvements is completed. Such procedure shall leave remaining under the improvement bond at least enough credit to complete all improvements not yet accepted. The Township shall authorize the release of funds upon receipt of written certification from the Township Engineer that the work for which release is requested has been completed in accordance with the approved plat. The Township shall authorize release of funds in an amount as estimated by the Township Engineer that fairly represents the value of the improvements completed, less 10% retainage.

§ 252-18 Status of improvements after acceptance.

A. Approval of improvements shall not constitute an acceptance for repairs or maintenance by the Board of Commissioners. All improvements shall remain in private ownership until such time as their dedication shall have been accepted by ordinance or resolution, as provided for in § 252-19 of this chapter, or until condemned for public use. The costs of advertising for the adoption ordinance shall be borne by the developer or the corporation requesting the adoption, except in the case of condemnation, in which case the Township shall bear such costs.

B. As a condition of immediate acceptance by ordinance or resolution, the developer shall post a maintenance bond, as defined by this chapter, in accordance with the requirements of § 252-20 below.

C. The recording of a plan shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land.

§ 252-19 Acceptance of public improvements.

A. Upon completion of the inspection and approval of the public improvements, the developer shall submit a request to the Board of Commissioners, in writing, to accept the dedication of the public improvements. The request for acceptance shall be submitted at least 10 days prior to the regular meeting of the Board and shall include legal descriptions of all rights-of-way for streets to be dedicated to the Township. At the regular meeting, the Board shall enact an ordinance accepting the public improvements as part of the Township's public facilities, subject to the posting of the maintenance bond required by § 252-20 of this chapter.

B. No property or public improvement shown on a final plat shall be considered to have been finally accepted by the Township until the dedication thereof has been officially accepted by adoption of an ordinance of the Township, duly enacted and advertised in accordance with the law.

C. Prior to acceptance of any public improvement dedicated to the Township, an as-built drawing, at a scale specified by the Township Engineer, shall be prepared and submitted in, with a request for acceptance. The applicant shall furnish the Township with an electronic file in PDF format of the plan. Such as-built drawings shall include the following items where applicable:

[Added 12-21-2009 by Ord. No. 846; amended 5-16-2011 by Ord. No. 855]

(1) Scale, North arrow and date;

(2) Tract boundary and lot lines;

(3) Road access, public and private internal roads and walks;

(4) Plan view and vertical profiles of new public streets;

(5) Stormwater management to include:

(a) Location of detention facilities, including measurements as required to verify as-built volume.

(b) Location of outflow structures; including measurements of controls.

(c) Location and size of emergency spillways.

(d) Location of all best management practices (BMPs), including but not limited to sumps, vegetative swales, bioswales, ditches and sediment forebays;

(6) Locations of drainage structures and pipes, including type and profiles;

(7) Utility easements, including sanitary sewer;

(8) Parking area and number of spaces;

(9) Location of all buildings;

(10) Statement to the effect that all utilities are located within the proper rights-of-way for roads to be considered for acceptance by the Township;

(11) Landscaping;

(12) Lighting; and

(13) Location of trash facilities.

§ 252-20 Posting of maintenance bond.

A. When the Board of Commissioners accepts the dedication of all or some of the required public improvements in a plan, following their completion, the Board shall require the posting of a maintenance bond, as defined by this chapter, to secure the structural integrity of the improvements and to guarantee the proper functioning of those improvements in accordance with the design and standards for construction specified in Articles IV and V of this chapter and the specifications of the final plat.

B. The term of the maintenance bond shall be for a period of 18 months from the date of the acceptance of the public improvements by the Board of Commissioners. The amount of the maintenance bond shall be 15% of the actual cost of installation of the public improvements.

§ 252-21 Release of amenities bond.

Upon written notice by the Township Engineer that the improvements guaranteed by the amenities bond have been satisfactorily completed, the Township shall authorize release of the amenities bond. Since the amenities bond is posted to guarantee completion of required improvements that are not to be dedicated to the public, release of the amenities bond shall not imply approval by the Township of the method of construction or structural integrity of the improvements, nor shall there be any liability associated with or responsibility for maintenance of the improvements.