Township of Penn, PA Procedures

The applicant shall submit an application for preliminary approval to the Director of Community Development, accompanied by 10 copies of the preliminary plat, at least 10 working days prior to the regular monthly meeting of the Planning Commission.

The Director of Community Development shall review the application for completeness and shall present a written report at the Planning Commission's regular monthly meeting regarding the timeliness and completeness of the application. The preliminary plat shall be determined to be complete and properly filed only if it is received within the time period specified above and is found to contain all the information required under § 156-12 of this chapter, including the filing fee.

At the first regular Planning Commission meeting after submission of the application for preliminary approval, the Planning Commission shall either accept the application as complete and properly filed or return the application to the applicant for resubmission, if the application is incomplete or improperly filed. The acceptance of the application or return of the application by the Planning Commission shall be by motion adopted by the majority of the members present. If the application is returned as incomplete, a copy of the Director of Community Development's report citing the specific requirements of this chapter which have not been met shall be provided to the applicant or his representative. The date of the Planning Commission meeting at which the application for preliminary approval is accepted as complete and properly filed constitutes the official date of filing for the application and represents the beginning of the ninety-day period for review and action by the Township, unless the applicant agrees, in writing, to an extension of time.

Distribution of copies of preliminary plat. On the next day following the official date of filing, the Director of Community Development shall transmit copies of the preliminary plat to the governing body, the County Planning Commission, the Township Engineer, the Township Solicitor and to such other officials, bodies, companies and/or agencies as the Township Planning Commission may from time to time designate.

[Amended 1-18-2017 by Ord. No. 914]

Preliminary plat review and approval schedule.

At the next regular meeting of the Planning Commission following the official date of filing, the Township Engineer and any other officials to whom the plat was distributed may deliver written reports with recommendations to the Planning and Zoning Commission. If no such report has been received at the next regular meeting of the Planning and Zoning Commission following the official date of filing from the officials or agencies to whom the plat was distributed, the Commission may assume that the plat meets the approval of such officials or agencies.

[Amended 1-18-2017 by Ord. No. 914]

The Board shall consider the recommendation of the Commission and shall act on the preliminary plat within 90 days after the date of the meeting at which the preliminary plat was considered officially filed pursuant to Subsection B, unless the applicant has agreed, in writing, to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case failure to meet the extended time or change in manner of presentation of communication shall have like effect.

Planning Commission action. The Commission, after carefully studying the proposed plat, shall recommend to the Board that the preliminary plat be approved, approved with modifications or disapproved. If approval is recommended, the Chairman of the Commission shall affix his signature to the plat. If recommended for approval with modifications, the Commission may indicate such modifications on a copy of the preliminary plat and shall submit, in writing, a description of the desired modifications. If disapproval is recommended, the Commission shall submit, in writing, its reasons for such disapproval.

[Amended 1-18-2017 by Ord. No. 914]

Public hearing. Before acting on any subdivision plat, the Board or Commission may arrange for a public hearing thereon after giving public notice, as defined herein.

Board action. The Board shall determine whether the preliminary plat shall be approved, approved with modifications or conditions or disapproved and shall give notice thereof to the applicant. If approved, the Chairman of the Board shall affix his signature to a copy of the plat and attach a notation that it has received approval and return it to the applicant for compliance with the final plat approval requirements. If approved with modifications or disapproved, the Board shall attach to the plat a statement of the reasons for such action and return it to the applicant. The applicant shall be notified, in writing, within 15 days after any decision. If approval is made by lack of action, public notice shall be published. In any event, a notation of the action taken, and reasons therefore, shall be entered into the records of the governing body; and the Commission and Engineer shall be notified in writing of such action.

[Amended 11-24-1997 by Ord. No. 689]

Conditional approval. If the Board 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 conditional approval required by Subsection G of this section. The applicant shall accept or reject the conditions attached to preliminary approval by giving written notice to the Director of Community Development within 30 days of the date of receipt of the notice of conditional approval issued under Subsection G. If the applicant fails to give written notice to the Township regarding acceptance or rejection of the conditions of approval within the required 30 days, preliminary approval shall automatically be rescinded without written notice to the applicant.

Duration of approval. Approval of the preliminary plat shall be deemed to have lapsed unless an application for approval of the final plat for at least a part of the tract covered by the preliminary plat is filed within the time period and in accordance with the conditions specified in the Pennsylvania Municipalities Planning Code, as amended.[1]

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

§ 156-12 Preliminary plat form, content and supplementary information.

Form. The preliminary plat shall be clearly and legibly drawn. The plat shall be prepared on one or more sheets uniformly measuring either 18 inches by 24 inches or 24 inches by 36 inches. Plats for subdivisions of 10 acres or less shall be drawn at a scale of one inch equals 50 feet or less.

Coverage. The preliminary plat shall include all the land owned, even though only a portion of the tract is to be initially developed and recorded.

Evidence of ownership. The applicant shall submit a copy of the deed for the property, an option agreement or other contract to purchase the property or a lease agreement for the property which includes authority to act on behalf of the landowner as evidence of ownership. If the applicant is not the landowner, the applicant shall submit written authorization from the landowner to act on behalf of the landowner in all matters relating to the application.

Content of preliminary plat. The preliminary plat shall consist of the following:

[Amended 5-22-2001 by Ord. No. 739]

A cover sheet which shall include the following:

A drawing block with:

The proposed name of the subdivision, The name shall not duplicate nor be the same in spelling nor be alike in pronunciation with any other recorded subdivision.

The location by municipality, county and state, including the county-designated tax parcel number.

The names, addresses and phone numbers of the developer(s)/owner(s), the principal engineer and/or architect and/or surveyor.

[4]

The name, address, certification and seal of the registered land surveyor, principal engineer or registered landscape architect who prepared the plat.

[5]

The North point, date and graphic scale.

[6]

The date the plan was prepared, including all revision dates.

[7]

The assigned project number.

[8]

The zoning classification of the property.

A vicinity map at a legible scale which shall include:

The identification of the tract proposed for development shown on a current Township road map.

The area within approximately 1/2 square mile of the proposed subdivision.

Indicate the site proposed for development.

An index of all plans and drawings in the plan set.

Boundaries of the subdivision, indicated by heavy line, showing dimensions, bearings and corners and the approximate acreage.

The location, widths and names of all existing or recorded streets and roads touching the subdivision (unimproved roads shall be shown with dashed lines); existing utility rights-of-way, parks and public open spaces, easements and permanent buildings within or adjacent to the tract or within such close proximity of the tract as to affect the design of the subdivision and other similar essential features of the tract.

The approximate location of existing sanitary sewers, water mains, storm drains, electric power, transmission structures, gas distribution mains or other underground items within the tracts or immediately adjacent thereto, with directions of flow and pressure indicated.

One-call warning notice, as required by Act 38 of 1991.[1]

Editor's Note: See 73 P.S. § 176 et seq.

The names of abutting subdivisions and owners of contiguous property, together with all boundaries thereof which intersect the boundaries of the subdivision.

Existing contours, at intervals of five feet, where the slope is greater than 10% and at intervals of two feet where the slope is less than 10%. Elevations are to be based on sea level datum. Reference benchmarks used shall be indicated.

The layout of streets, including proposed names and widths of proposed streets, and widths of proposed alleys, crosswalks and easements. Names of streets which are not the continuation of existing streets shall not duplicate nor closely approximate phonetically the names of other streets located in the Township and abutting municipalities.

The proposed layout, numbering, scaled dimensions and exact area of lots in square feet. When lots are located on a curve or when side lot lines are not parallel, the width of the lot at the building line shall be shown.

Parcels of laud intended to be dedicated or reserved for public use or to be reserved by covenant for residents inhabiting the subdivision, including the parcel area in square feet.

Approximate final grade of all streets, expressed in percentage form.

Evidence of compliance with Chapter 144, Stormwater Management, as amended.

Plans for erosion and sedimentation control in compliance with Chapter 102 of the Pennsylvania Code, as now or hereinafter amended.

Identification of flood-prone areas and wetlands.

(15)

Building lines.

(16)

In case the plat includes only part of the tract owned by the applicant or landowner, the remainder or as much thereof as the Board, based on the recommendation of the Planning Commission, may consider necessary to ensure a satisfactory layout for the portion to he subdivided shall be shown with a future street layout indicated by dashed lines.

[Amended 1-18-2017 by Ord. No. 914]

(17)

Evidence of compliance with Chapter 105, Land Disturbance Activity, as amended.

(18)

A resource protection inventory and natural features plan which shall include the following:

A percentage of existing slopes within the tract and 100 feet immediately adjacent to the parcel proposed for development, shown as a grade percentage and ratio, (example: 25% slope, 4:1). The areas shown as polygons of all existing slopes from 25% to 40% and existing slopes that exceed 40%.

The areas subject to periodic overflow of flood or stormwaters.

The areas which have been the subject of commercial forestry operations within the last five-year period.

A plan for mitigation and minimization of the disturbance to the natural resources on the site and providing detail of any required or proposed vegetation for the site.

(e)

A landscape plan in accordance with Chapter 190, Zoning, of the Code of the Township of Penn.

Supplementary information. The following supplementary information shall be included:

A detailed environmental impact statement, required for all subdivisions and land developments except for minor subdivisions, as defined herein, when the minor subdivision is proposed for single-family dwellings only. The environmental impact statement shall address the following:

A statement of the proposed use of the property, the proposed intensity of development and its impact on municipal services and facilities.

A statement of the impact of the proposed development on adjoining properties in terms of compatibility of land use, visual impact, character of the neighborhood and future development potential.

Identification of environmental features on the site which should be preserved or which present development constraints on the site, including but not limited to topography, streams, wetlands, slide-prone soils, undermined areas, significant vegetation and similar features.

Traffic report.

A report showing the traffic impact of the proposed development on adjacent streets which details the nature and extent of the trip generation expected from the proposed development based on the ratios contained in the current edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual.

For all plans which propose 50 or more dwelling units or 50,000 or more total square feet of gross floor area of a building or buildings, the traffic report shall be prepared by a qualified traffic engineer based on the ratios and methodology contained in the current edition of the Manuals of the Institute of Transportation Engineers (ITE). The report shall include current and projected volumes and levels of service for all streets and intersections within 2,000 feet of the site of the proposed development and shall address any recommendation for improvements to streets and/or traffic control devices within the site or immediately adjacent to the site.

[Amended 5-22-2001 by Ord. No. 739]

Proposed covenants and restrictions, if any.

Evidence of a source of water supply and an indication of the adequacy of the pressure and volume of the water supply for the intended use.

If water is to be provided from a source other than private wells owned and maintained by individual owners of lots, evidence shall be submitted that the subdivision or land development is to be supplied by a certificated public utility, a bona fide cooperative association of lot owners or a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.

In cases where it is determined that a public water system is not within a reasonable distance of the proposed subdivision or that the extension of an existing system to the proposed subdivision is not feasible, the applicant shall supply acceptable evidence of the availability of other water resources. The applicant may be required to make one or more test wells in the area to be platted if such evidence is deemed not acceptable.

Copies of well logs which are obtained shall include the name and address of the well driller and shall be submitted with the plat to the Commission.

If a private on-lot well is proposed as the source of water supply, a notation shall be placed on the plat identifying the lots which are served by private on-lot wells.

Statement outlining the method to be used and provisions to be made for drainage and flood control in compliance with Chapter 86, Floodplain Management, as amended.

A report on sewage, to be prepared by a registered engineer, including the following:

A report on the feasibility of connecting to an existing sewerage system shall be made. This study shall include the distance from the nearest public sewer, and the capacity of the existing system intended to handle the additional sewage load. This study shall include conveyance and treatment capacities by way of a full routing study from the proposed point of origin to termination at the treatment facility. An exception to the requirement for the routing study shall be made for those plans which meet the requirements of the Pennsylvania Department of Environmental Protection (DEP) for filing Form 3.z, Sewage Collection and Treatment Facilities for Minor Subdivisions, for projects of 10 acres or less which propose connection to municipal collection, conveyance and treatment facilities that are in compliance with Chapter 94 of the Pennsylvania Code, Municipal Waste Management Regulations. If connection to an existing sewerage system is feasible, the applicant shall submit, through the Township, the necessary planning modules for the proposed subdivision or land development to the Pennsylvania Department of Environmental Protection; or

If connection to an existing sewerage system is not deemed to be feasible, the feasibility of constructing a separate sewerage system and treatment works shall be investigated. This study shall give the location of the treatment works, receiving stream, type of plant, degree of treatment and design population.

In all events, the applicant shall provide to the Township all appropriate planning modules as required by the Pennsylvania Department of Environmental Protection rules and regulations. The applicant shall further assure to the Township that the applicant has complied with all requirements of Chapters 71, 72 and 73 of Title 25 of the Pennsylvania Code, as amended.

If a request for a zoning change is contemplated by the applicant, the proposed change should be outlined.

The application filing fee required by § 156-40 shall be tendered to the Township.

The review fee required by Section § 156-40B.

[Amended 11-24-1997 by Ord. No. 689]

§ 156-13 Final plat submission and approval.

General. The final plat shall have incorporated all changes or modifications required by the governing body, otherwise it shall conform to the preliminary plat, and it may constitute only that portion of the preliminary plat which the applicant proposes to record and develop at the time, provided that such portion conforms with all the requirements of these regulations. The final plat shall be prepared in accordance with the requirements set forth in Articles III and IV of these regulations.

Preparation. The final plat shall be prepared by a registered surveyor or registered professional engineer who shall not be the Engineer or an associate of the Engineer.

Filing.

The final plat shall be submitted after the date of approval of the preliminary plat within the time period and under the conditions specified by the Pennsylvania Municipalities Planning Code, as amended.[1]

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

The applicant shall submit an application for final approval to the Director of Community Development, accompanied by the original and 10 copies of the final plat, properly signed by owner or owners and notarized at least 10 working days prior to the regular monthly meeting of the Commission.

The Director of Community Development shall review the application for completeness and shall present a written report at the Planning Commission's regular monthly meeting regarding the timeliness and completeness of the application. The final plat shall be determined to be complete and properly filed only when it is received within the time period specified above and is found to contain all the information required under § 156-14 of this chapter, including the filing fee.

[Amended 1-18-2017 by Ord. No. 914]

At the first regular Planning Commission after submission of the application for final approval, the Planning Commission shall either accept the application as complete and properly filed or return the application to the applicant for resubmission if the application is incomplete or improperly filed. The acceptance of the application or return of the application by the Planning Commission shall be by motion adopted by the majority of the members present. If the application is returned as incomplete, a copy of the Director of Community Development's report, citing the specific requirements of this chapter which have not been met, shall be provided to the applicant or his representative. The date of the Planning Commission meeting at which the application for final approval is accepted as complete and properly filed constitutes the official date of filing for the application and represents the beginning of the ninety-day period for review and action by the Township, unless the applicant agrees, in writing, to an extension of time.

[Amended 1-18-2017 by Ord. No. 914]

Distribution. On the next day following the official date of filing, the Director of Community Development shall transmit copies of the final plat to the governing body, the County Planning Commission, the Township Engineer, the Township Solicitor and such other officials, bodies, companies and/or agencies as the Planning Commission may from time to time designate.

[Amended 1-18-2017 by Ord. No. 914]

Final plat review and approval schedule.

At the next regular meeting of the Planning Commission following the official date of filing, the Township Engineer and any other officials and agencies to whom the plat was distributed may deliver written reports with recommendations to the Planning Commission. If no such report has been received at the next regular meeting of the Planning Commission following the official date of filing from any individual or agency to whom the plat was distributed, the Commission may assume that the plat meets with the approval of such an individual or agency.

[Amended 1-18-2017 by Ord. No. 914]

The Board shall consider the recommendations of the Commission and act on the final plat within 90 days after the date of the meeting at which the final plat was considered officially filed pursuant to Subsection C(4) of this section, unless the applicant has agreed, in writing, to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case failure to meet the extended time or change in manner of presentation of communication shall have like effect.

Planning Commission action. The Commission shall recommend to the Board that the final plat be approved, approved with conditions or disapproved. If approval is recommended, the Chairman of the Commission shall affix his signature to the plat. If disapproval is recommended, the Commission shall submit to the Board, in writing, its reasons for such disapproval.

[Amended 1-18-2017 by Ord. No. 914]

Public hearing. Before acting on any subdivision plat, the Board or Planning Commission may arrange for a public hearing thereon, after giving public notice, as defined herein.

[Amended 1-18-2017 by Ord. No. 914]

Board action.

The Board shall approve, approve with conditions or disapprove the final plat and shall give notice to the applicant in the following manner:

If approved, the Chairman of the Board shall affix his signature to the original tracing of the final plat and attach thereto a notation that it has received final approval and return it to the applicant for compliance with the recording requirements.

If approved with conditions, the Board shall adopt a resolution containing a list of the conditions and shall provide a copy of the resolution to the applicant. The Board shall not affix their signatures on the final plat unless all conditions are met or a development agreement containing the conditions has been executed between the applicant and the Township and surety has been posted by the applicant to guarantee performance.

If disapproved, the Board shall attach to the original tracing of the final plat a statement of the reasons for such action and return it to the applicant.

In any event, a notation of the action taken and the reasons therefor shall be entered into the records of the Board and shall be mailed or communicated within five days. Notice shall be published in a newspaper of general circulation in the Township.

§ 156-14 Final plat form, content and supplementary information.

Form.

The final plat shall be neatly drawn on Mylar, linen or high-grade vellum, using permanent black opaque ink. The plat shall be prepared on one or more uniform sheets measuring 18 inches by 24 inches, unless another size is approved after consultation with the office of the Westmoreland County Recorder of Deeds. Its scale shall be one inch equals 50 feet or less.

Plans shall contain original seals (notary, Township Planning Commission, Board of Commissioners, Westmoreland County and professional seals). Plans shall contain original signatures signed in permanent black opaque ink. Plans which are not legible because of heavy background grain or smudged ink shall be rejected.

[Amended 1-18-2017 by Ord. No. 914]

Black-line paper prints of the plat shall be presented to the Commission from time to time, as suggested by the Commission. After recording, four photostats of the recorded plat shall be provided by the applicant in accordance with § 156-16B.

Content of final plat. The final plat shall consist of the following:

The name of the landowner; the name of the applicant, if not the landowner; the location by municipality, county and state; and the date, North point and graphic scale.

The names and addresses of the applicant and the registered surveyor or registered engineer who prepared the plan.

The boundary of the subdivision, shown in a heavy line, with length of courses in feet and hundredths and bearings to not more than half-minutes.

Bearings and distances to the nearest established street lines, section corners or other recognized permanent monuments, which shall be accurately described on the plat. Subdivisions abutting state highways shall be referenced to center lines of such highways where this data is available.

Exact locations, widths and names of all streets and all crosswalks within the subdivision.

Complete curve data for all curves included in the plat.

All easements being provided for services or utilities in the subdivision and any limitations placed on the use of such easements.

Accurate outlines of any lot or areas to be reserved or dedicated for common use by residents of the subdivision or for general public use with the purpose indicated thereon.

Front building lines and lot width at the building line, shown graphically with dimensions.

Block and lot numbers and lines, with accurate bearings and dimensions thereof, including lengths of arcs and radii and including the bearings and dimensions of ties to adjacent blocks or property.

The accurate location, size, type and material of all monuments and lot markers.

The property lines of the original tract or tracts of which the subdivision constitutes the whole or part.

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 (Act of June 1, 1945, P.L. 1242, No. 428).[1]

Editor's Note: See 36 P.S. § 670-420.

All of the information required by § 156-12D of the Code of the Township of Penn.

[Added 5-22-2001 by Ord. No. 739]

(15)

Easements; locations, width and purposes. In the event a lot is encumbered by an easement or right-of-way which is not within the minimum setback requirements as established by Table 1 (Development Standards) of the Zoning Ordinance of the Township of Penn, the site map and subdivision plan shall conspicuously contain the following notation:

[Added 11-12-2002 by Ord. No. 759]

Notice to all Purchasers: Lot(s) Numbered ___________ are encumbered by an easement or right-of-way which may reduce the net buildable area of the lot. Further, additions or new construction on the lot(s) may be limited by the easement or right-of-way.

Supplementary information. The following supplementary information shall be included:

A list of all restrictions and covenants, if any, that the developer intends to place in the deeds to the lots in the subdivision. If no such restrictions or covenants are to be imposed, a statement to that effect shall be included.

If a zoning change is involved, certification from the Secretary shall be required, indicating that the change has been approved and is in effect.

Certification by a registered surveyor or registered engineer to the effect that the plat represents a survey made by him and that all monuments shown thereon actually exist and that their location is correctly shown.

An acknowledgment by the owner or owners of his or their adoption of the plat and dedication of streets and other public areas.

The final plat shall contain a certificate, signed by the Engineer, showing that all improvements have either been installed and approved by the proper officials or agencies or that a bond insuring their installation has been approved by the Engineer.

Complete final construction plans, profiles and typical cross sections for all installed or proposed new streets.

Complete final construction plans and profiles of installed or proposed public sanitary sewage disposal systems and storm drains, with grades and pipe sizes, unless private septic tanks are to be used.

Complete final construction plans of installed or proposed public water distribution systems, showing pipe sizes and locations of valves and fire hydrants, if any, unless private wells are to be used.

In cases where a bond is to be provided in lieu of completed improvements, the developer shall be required to submit an itemized estimate of the cost of all improvements required to be installed.

Evidence, in the form required by the Commission, of arrangements that have been made with private utility companies or other agencies for supplying every lot in the subdivision with gas, electricity, water and sewage disposal. If water is to be provided from a source other than private wells owned and maintained by individual owners of lots, evidence shall be submitted that the subdivision or land development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners or a municipal corporation, authority or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.

Any and all permits or waivers that may be required by the Pennsylvania Department of Environmental Protection pursuant to the Sewage Facilities Act of the Commonwealth of Pennsylvania[2] and the rules and regulations of the Pennsylvania Department of Environmental Protection, which permits and waivers shall be a precondition to the granting of final approval of the subdivision or land development plan.

Editor's Note: See 35 P.S. § 750.1 et seq.

A properly executed application on a form provided by the Commission.

The application filing fee required by § 156-40 shall be tendered to the Township.

The review fee required by § 156-40B.[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

Final approval without completion guaranty.

In the event that the applicant wishes to construct public improvements in the plan without posting a completion guaranty, as provided for by the Pennsylvania Municipalities Planning Code,[4] the applicant shall submit all information required for final approval, including a final plat, construction drawings for the public improvements, the required Pennsylvania Department of Environmental Protection planning module, all other applicable permits from county, state or federal agencies, all application filing and review fees and inspection fees.

[4]

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

Final approval by the Board shall be by resolution, which shall be conditioned upon completion, inspection and acceptance of all public improvements and posting of the required maintenance bond prior to the proper officers of the Township affixing their signatures to the final plat for recording purposes. The applicant shall follow the same procedure for notification of commencement and completion of construction and inspection and acceptance of public improvements as applicants who post a completion guaranty.

Conditional approval. If the Board 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 conditional approval required by § 156-13H of this chapter. The applicant shall accept or reject the conditions attached to final approval either by giving written notice to the Director of Community Development or by executing the development agreement required by § 156-15 of this chapter within 30 days of the date of receipt of the notice of conditional approval issued under § 156-13H. If the applicant fails to give written notice to the Township regarding acceptance or rejection of the conditions of approval or to execute the development agreement within the required 30 days, final approval shall automatically be rescinded, without written notice to the applicant.

Resolution indicating approval. When requested by the developer in order to facilitate financing or when otherwise required by this chapter, the Board shall furnish the developer with a signed copy of a resolution indicating approval of the final plat, contingent upon the developer obtaining financial security or completing the required public improvements. For plans where the developer proposes to construct public improvements without posting a completion guaranty, the resolution shall not expire until final inspection of the improvements and approval of the final plat for recording. For all plans where a completion guaranty is to be posted, the final plat shall not be signed nor recorded until the completion guaranty and development agreement are executed and the resolution shall expire and shall be deemed to be revoked if the completion guaranty and development agreement are not executed within 90 days, unless a written extension is granted by the Board. Such extension shall not be unreasonably withheld and shall be placed, in writing, at the request of the developer.

§ 156-15 Development agreement.

As a condition of granting final approval of a subdivision or land development that requires posting of a completion guaranty or to which conditions are attached to the grant of final approval, the Board shall require that the developer execute a development agreement with the Township, in a form acceptable to the Township Solicitor, containing any conditions attached to the approval of the plan and provisions that are reasonably required to guarantee the proper installation of public and private 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 required completion guaranty shall be posted and all required fees shall be paid before the Township Secretary shall affix his or her signature and the Township seal to the final plat for recording purposes.

§ 156-16 Recording of final plat.

The approved final plat shall be recorded in the office of the County Recorder of Deeds within 90 days after its approval by the governing body, otherwise it shall be considered void.

The Township shall record the approved plat at the County Recorder of Deeds office following payment by the applicant of an escrow deposit in an amount established from time to time by resolution of the Board of Commissioners to cover the costs of recording.

Immediately following recording of the final plat, the applicant shall have four photostatic copies of the recorded plat prepared at his own expense and shall deliver the copies to the Director of Community Development for filing with the Board, the Township Zoning Officer and the Engineer.

§ 156-17 Minor subdivisions.

The application requirements of §§ 156-12 and 156-14 shall be waived for minor subdivisions, as defined by this chapter, and in lieu thereof the following information shall be required:

The proposed plat shall be drawn at a scale of 100 feet to the inch or greater.

The proposed plat shall be legibly drawn on linen or comparable permanent material of the size 18 inches by 24 inches or 24 inches by 36 inches.

The plat shall show or be accompanied by the following:

A description of covenants, if any.

Title to include:

The location by municipality, county and state, including the county-designated tax parcel number.

The names and addresses of the owner or owners.

The name of the registered engineer or surveyor who surveyed the property and/or prepared the plat.

[4]

The North point, date and graphic scale.

[5]

A vicinity sketch at a legible scale to show the relationship of the subdivision or land development to its general surroundings.

Proposed use of the land shall be shown on the application.

Lot lines, dimensions and land area of proposed lots; also, the area remaining in the original parcel.

(e)

Existing and proposed streets, alleys and/or easements on or adjacent to the tract.

(f)

Public utilities capable of servicing all lots in the plan (if public sewers and water sources and sewage disposal systems should be indicated).

(g)

A statement by the owner dedicating streets and rights-of-way for public use.

(h)

The names of abutting property owners.

(i)

The following additional data shall be submitted upon request by the Planning Commission or the Board:

[Amended 1-18-2017 by Ord. No. 914]

Subsurface and drainage conditions of the tract and provisions for stormwater management in compliance with Chapter 144, Stormwater Management, as amended.

Any other data pertinent to the plat.

(j)

Any adjacent land under option by the applicant must be illustrated on the plat.

(k)

The application filing fee required by § 156-40 shall be tendered to the Township.

(l)

The zoning district classification at the time of application approval shall be shown on the plat.

(m)

Front building lines and lot width at the building line, shown graphically with dimensions on the final plat.

(n)

Evidence of compliance with the Pennsylvania Sewage Facilities Act.[1]

Editor's Note: See 35 P.S. § 750.1 et seq.

(o)

Editor's Note: See 36 P.S. § 670-420.

(p)

The review fee required by § 156-40B.

[Amended 11-24-1997 by Ord. No. 689]

(q)

Easements for utilities and limitations on such easements. In the event a lot is encumbered by an easement or right-of-way which is not within the minimum setback requirements as established by Table 1 (Development Standards) of the Zoning Ordinance of the Township of Penn, the site map and subdivision plan shall conspicuously contain the following notation:

[Added 11-12-2002 by Ord. No. 759]

Notice to all Purchasers: Lot(s) Numbered __________ are encumbered by an easement or right-of-way which may reduce the net buildable area of the lot. Further, additions or new construction on the lot(s) may be limited by the easement or right-of-way.

Preliminary and final plat approval shall be combined for minor subdivisions, as defined by this chapter, and the procedure for the combined approval shall follow the requirements specified in §§ 156-13 and 156-16 governing final plat approval and recording of final plat.

§ 156-18 Approval of plan not involving a subdivision.

[Amended 5-22-2001 by Ord. No. 739]

The procedure for approval of a land development plan for two or more buildings on a lot of record or for one nonresidential building on a lot of record not involving the resubdivision or consolidation of any lot or lots of record or the construction of any new public improvements to be dedicated to the Township shall be granted final approval if all of the following requirements are met, subject to submission of the development agreement required by § 156-15 and the completion guaranty if required by § 156-31.

The plan set for the proposed land development shall:

Be clearly and legibly drawn. The plat shall be prepared on one or more sheets uniformly measuring 18 inches by 24 inches. Plans of land developments of 10 acres or less shall be drawn to a scale of one inch equals 50 feet or less. Plans involving subdivisions of 10 acres or more shall be drawn to a scale not to exceed one inch equal to 100 feet.

Be prepared and sealed by a registered professional engineer, registered professional land surveyor, licensed architect or registered landscape architect in accordance with standard architectural surveying and engineering practices.

Include a drawing title block with:

The proposed name of the land development.

The location by municipality, county and state, including the county-designated tax parcel number.

The names and addresses of the developer(s)/owner(s) and the principal engineer and/or architect and/or registered landscape architect and/or registered land surveyor.

Contain a cover sheet which shall include the following:

The scale of the plan.

The North point and graphic scale.

The date the plan was prepared, including all revision dates.

The assigned project number.

Include a legend identifying existing and proposed features.

Identify existing contours with intervals of not more than five feet where the slope is greater than 10% and not more than two feet where the slope is less than 10%. Elevations are to be based on sea level datum, if available. Referenced benchmarks shall be indicated. The existing contour shall be indicated by a dashed line.

Identify the boundaries of the land development, indicated by a heavy line, showing dimensions, bearings and corners and the approximate acreage of the site.

Identify the layout of any streets and parking areas, including proposed names and widths of proposed streets, and widths of proposed alleys, crosswalks and easements. Names of streets which are not the continuation of existing streets shall not duplicate nor closely approximate, phonetically, the name of other streets located within the Township of Penn.

Identify the land development layout, lot numbering, lot dimensions, lot areas and lot widths provided at the front yard building setback line and the locations of any proposed structures, buildings and parking areas.

Identify the location and widths of all existing streets and roads abutting the proposed land development (unimproved roads shall be shown with dashed lines).

Identify the location of existing utility rights-of-way and/or easements. The location of existing utilities (cable, electric, gas, sanitary, storm, telephone and water), including valves, mains, inlets and drainageways within the tract and immediately adjacent thereto, with the direction of flow indicated.

Identify the area proposed for stormwater management and drainage.

Identify the existing watercourses, floodplains, wetlands, woodlands, tree masses, specimen trees and all other natural features.

Identify the required setbacks as required by the applicable development standards of the Code of the Township of Penn and other applicable regulations for all watercourses, flat plans, wetlands, et seq.

Identify the names and address of the current owners of contiguous property, together with all boundaries that intersect the boundaries of the proposed development.

(15)

Identify the parcels of land intending to be dedicated or reserved for public use or to be reserved for covenant for the use of the occupants of the land development.

(16)

Identify the existing parks, open spaces and permanent buildings within or adjacent to the tract or within such close proximity of the tract so as to effect the design of the land development.

(17)

Include site data information which shall include the zoning classification of the parcel, the gross area of the parcel and the gross square footage of each proposed building.

(18)

Include a plan in accordance with Chapter 105, Land Disturbance Activity, of the Code of the Township of Penn.

(19)

Include evidence of a source of water supply and an indication of the adequacy of the pressure and volume of the water supply for the intended use.

(20)

Include evidence of compliance with Chapter 144, Stormwater Management, as amended.

(21)

Include a statement outlining the method to be used and provisions to be made for drainage and flood control in compliance with Chapter 86, Floodplain Management, as amended.

(22)

Include plans for erosion and sedimentation and pollution control in compliance with Chapter 102 of the Pennsylvania Code as now or hereinafter amended.

(23)

Include evidence of compliance with the rules and regulations of the Penn Township Sewage Authority for the installation of sanitary sewer lines and manholes.

(24)

Include evidence of compliance with Chapter 156 (streets) of the Code of the Township of Penn.

(25)

Include evidence of compliance with the Zoning Code of the Township of Penn, Chapter 190, including designation of parking areas and the final grade percentages of said parking areas.

(26)

Include a resource protection inventory and natural features plan which shall include the following:

A percentage of existing slopes within the tract and 100 feet immediately adjacent to the parcel proposed for development, shown as a grade percentage and ratio (example: 25% slope, 4:1). The areas shown as polygons of all existing slopes from 25% to 40% and existing slopes that exceed 40%.

The areas subject to periodic overflow of flood or stormwaters or designated wetland areas.

The areas which have been the subject of commercial forestry operations within the last five-year period.