A.
Hereafter all plans for the subdivision or development
of land within the corporate limits of the Township shall be reviewed
by the Township Planning Commission, Municipal Authority and other
Township, state, and county officials as may be required by law and
shall be approved or disapproved by the Township Supervisors in accordance
with procedures specified in these regulations.
[Amended 6-19-2003 by Ord. No. 193]
B.
These regulations shall apply to and control all land
subdivisions which have not been recorded in the Office of the Recorder
of Deeds in and for Berks County, Commonwealth of Pennsylvania, prior
to the effective date of these regulations. However, any change in
a recorded plan shall constitute a new subdivision and shall make
said plan subject to these regulations. Any approval not processed
as required hereafter shall be null and void unless it was made prior
to the adoption of this chapter.
C.
Persons proposing subdivision or development of land within the corporate limits of the Township shall submit proposals in the form of a preliminary plan followed by a final plan according to the standards and procedures of this chapter. Permissible exceptions to this process are described in § 190-29.
D.
All applicants are strongly encouraged to submit a
sketch plan as a basis for discussion between the applicant and the
Township. Such discussion is intended to inform the applicant of municipal
concerns and issues in regard to the proposal and to inform the Township
of the applicant's intent for the property.
A.
A sketch plan is considered a topic for informal discussion
between the applicant the Township. Submission of a sketch plan does
not constitute formal submission of an application for approval of
a subdivision or land development plan. Sketch plan submission shall
be at the discretion of the applicant, but is strongly encouraged
under any one of the following conditions:
B.
Initial submission of a sketch plan shall be made
to the Township Planning Commission as follows.
(1)
The party submitting the sketch plan shall contact
the Township Secretary to request a place on the agenda of a regular
Planning Commission meeting.
(2)
Not less than 10 working days prior to the meeting for which the applicant is scheduled, the applicant or his representative shall deliver three legible black-line or blue-line paper prints of the sketch plan, preferably including all of the information specified by § 190-14 of this chapter, along with two completed copies of the Sketch Review Application.[1],[2]
[1]
Editor's Note: The Sketch Review Application is included at the end of this chapter.
C.
The Township shall not require any fee for review
of a sketch plan, except as necessary to cover the review fee charged
by the Township Engineer and any other consultant(s) retained by the
Township to review and comment upon the plan.
A.
A sketch plan shall be considered as a submission
for informal discussion between the subdivider and the Township. Submission
of a sketch plan shall not constitute official submission of a plan
to the Township.
B.
Review by the Township Planning Commission.
(1)
At the meeting scheduled by the applicant in accordance with § 190-20B(1), the applicant shall be prepared to present the sketch plan, addressing the following points:
(a)
Compatibility of the plan with the goals and
objectives of the Township as stated in the Maidencreek Township Comprehensive
Plan;
(b)
The natural constraints present on the site
proposed for development and how the proposal addresses those constraints;
(c)
The anticipated impact of the proposed development
upon the demand for community services and facilities, particularly
schools, traffic, and recreational areas;
(d)
Anticipated method of water supply and sewage
disposal; and
(e)
Compatibility with existing zoning regulations.
(2)
It shall be understood that the applicant is not required
to, but may, present formal studies or analyses to support assertions
made during the presentation.
(3)
The Planning Commission may, but need not, ask questions
and make comments concerning the proposal following or during the
presentation. Comments made at this time shall not be binding upon
the Township.
(4)
The Planning Commission may require the applicant
to submit the sketch plan to the Berks County Planning Commission
for their review and comment.
(5)
At the regular meeting next following the presentation
by the applicant or after the comments of the Township Engineer and
the Berks County Planning Commission have been received, whichever
is last, the Township Planning Commission shall be prepared to discuss
the proposal fully with the applicant. Upon mutual agreement of the
Township Planning Commission and the applicant, such discussion may
be continued to a subsequent meeting.
(6)
Within five working days of completion of discussion
concerning the sketch plan, the Planning Commission shall direct that
written notice be sent to the following parties stating the conclusions
of the discussion and the recommendation of the Planning Commission,
including changes or modifications, if any, which it considers to
be necessary or advisable. As a minimum, the following parties shall
receive copies of such notice:
(7)
The Township Secretary shall retain a copy of all
sketch plans reviewed by the Township Planning Commission along with
a copy of the written comments of that body concerning such plan.
C.
Review by the Board of Supervisors. Following review
by the Planning Commission, the applicant may request a review of
the sketch plan by the Board of Supervisors. The applicant shall not
be required to make such request (although the Township Planning Commission
may make a recommendation that he do so), nor shall the Board of Supervisors
be compelled to grant such a request.
A.
Plan to be filed with Township. Copies of the preliminary
plan and all required supporting data shall be officially submitted
to the Township Secretary or the Planning Commission Secretary by
the subdivider or his representative, who shall be authorized in writing
to submit the plan. The preliminary plan shall also be filed with
the Municipal Authority in accordance with the Municipal Authority
rules and regulations applicable to submission review and approval
of plans.
[Amended 6-19-2003 by Ord. No. 193]
B.
An official submission of a preliminary plan shall
include the following elements:
(2)
Seven legible black-line or blue-line paper prints of the preliminary plan which shall fully comply with the requirements of § 190-15 of this chapter. Eleven copies are required if a state road either abuts or traverses the subject property.
(3)
Four completed copies of the subdivision sewage disposal
report whenever soil percolation tests are required.
(5)
Filing fee. The Township Secretary or the Planning
Commission Secretary shall be responsible for collecting a filing
fee as shall be established by the Board of Supervisors. Such fee
shall be sufficient to cover administrative costs associated with
and incidental to the examination and approval of plans. The applicant
shall pay the fee at the time of application for approval of a preliminary
plan. A plan submission shall not be deemed complete without payment
in full of such fee.
C.
Submitting a preliminary plan.
(1)
Complete submission of a preliminary plan shall be
made at a regular meeting of the Township Planning Commission. The
Planning Commission shall make no comment on the plan, but shall note
completeness of the submission and, if accepted, shall note within
the minutes of the meeting that such plan was accepted.
(2)
Nothing within this chapter shall be interpreted to
compel the Township Planning Commission to accept for review a preliminary
plan application which they have deemed to be incomplete.
D.
Distribution of preliminary plan. The Township Secretary
shall be responsible for distributing the preliminary plan to the
following entities. No distribution shall be made until all required
fees have been paid in full.
(1)
One copy to the Township Planning Commission, including
one copy of the application form and all required supplementary information.
(2)
Two copies of the plan to the Berks County Planning
Commission, including one copy of all required supplementary information.
(3)
One copy to the Board of Supervisors, including one
copy of the application form and one copy of all required supplementary
information.
(4)
One copy to the Township Engineer, including one copy
of all required supplementary information.
(5)
One copy to the Township Zoning Officer.
(6)
One copy of the plan, including one copy of the application
form and all required supplementary information, shall remain on file
at the Township Office.
A.
Review by the Township Engineer and Municipal Solicitor.
[Amended 6-19-2003 by Ord. No. 193]
(1)
The Township Engineer shall review the preliminary
plan to determine its conformance to this chapter, identifying all
deviations from the requirements of this chapter as he may find, and
recommending such changes, alterations, or modifications as he may
deem necessary.
(2)
The report of the Township Engineer shall be in writing
and shall be submitted to the Township Planning Commission prior to
their regularly scheduled or special meeting at which the preliminary
plan is to be considered by the Township Planning Commission (typically
but not necessarily the regular meeting following the meeting at which
the applicant made a complete submission for review of the plan).
(3)
The preliminary plan may be reviewed by the Township
Solicitor.
B.
Review by the Township Zoning Officer.
(1)
The Township Zoning Officer shall review the preliminary plan to determine its conformance to Chapter 220, Zoning.
(3)
The report from the Township Zoning Officer as to
the accuracy of the information shown shall be submitted to the Township
Planning Commission prior to the regularly scheduled or special meeting
at which the preliminary plan is to be considered by the Planning
Commission.
C.
Review by the Pennsylvania Department of Transportation.
If a proposed subdivision abuts or is traversed by a state road, the
Township Secretary shall require one additional copy of the preliminary
plan and shall be responsible for transmitting such to the district
office of the Pennsylvania Department of Transportation for its review
and comment.
D.
Review by the Township Planning Commission.
(1)
When a preliminary plan has been officially submitted,
such plan shall be reviewed by the Township Planning Commission at
its next regularly scheduled meeting, or, in the discretion of the
Planning Commission, at a special meeting. Such special meeting shall
be held not more than 30 days following the date upon which a complete
submission was accepted by the Township Secretary.
(2)
No official action shall be taken by the Township
Planning Commission with respect to the preliminary plan until the
Township has received the written reports of the Berks County Planning
Commission and the Pennsylvania Department of Transportation (if required).
However, if said report(s) is/are not received within 30 days after
official receipt by these agencies, then the Township Planning Commission
may officially act without having received and considered such report(s).
In any event, the Township Planning Commission shall take official
action not later than the 90th day following the date upon which a
complete submission was accepted by the Township Secretary.
[Amended 7-15-2009 by Ord. No. 218]
(3)
During review of the preliminary plan, the Township
Planning Commission shall consider the written reports of the Township
Engineer and the Township Zoning Officer before making its final decision.
(4)
The Township Planning Commission shall recommend that
the proposed subdivision or land development be approved, approved
with conditions, or disapproved.
(b)
If the Planning Commission recommends that the plan be approved with conditions or be disapproved, the written decision shall state the reasons for such decision and the provisions of this chapter or Chapter 220, Zoning, relied upon.
(d)
The Township Planning Commission shall forward
to the Board of Supervisors copies of all reports received from the
Berks County Planning Commission, the Pennsylvania Department of Transportation,
the Township Zoning Officer, and the Township Engineer.
(e)
At least one copy of the preliminary plan drawing
shall be signed by the Chairman of the Township Planning Commission,
indicating that such plan has been reviewed by the Planning Commission
and is the subject of their final decision and recommendation to the
Board of Supervisors. Such signed preliminary plan shall be transmitted
to the Board of Supervisors by the Township Secretary or by the Planning
Commission Secretary.
E.
Review by the Board of Supervisors.
(1)
When a preliminary plan has been transmitted to the
Board of Supervisors by the Township Planning Commission, together
with the final decision and recommendation of the Commission, such
preliminary plan shall be reviewed at the next regularly scheduled
meeting or, at the discretion of the Board of Supervisors, at a special
meeting which may be held prior thereto.
(2)
The Board of Supervisors shall review the preliminary
plan and the written reports and recommendations thereon of the Township
Planning Commission, the Berks County Planning Commission, the Township
Engineer, the Township Zoning Officer, and by any other officials
and official boards of the Township, to determine the conformance
of the preliminary plan to the standards of this chapter. The Board
of Supervisors may require or recommend such changes and modifications
as they shall deem necessary or advisable in the public interest.
(3)
The action of the Board of Supervisors to approve, approve with conditions, or disapprove the preliminary plan shall be noted with the date of such action and the signature of the Chairman of the Board of Supervisors on two sets of plans. If the preliminary plan is approved with conditions or disapproved, the minutes of the meeting and the written decision shall state the reasons for such determination, including the provisions of this chapter, Chapter 220, Zoning, or other Township ordinance, statute, or regulation relied upon.
(4)
Reporting of findings.
(a)
Within 15 days after the meeting at which the
preliminary plan is reviewed, the Board of Supervisors shall direct
that written notice of the findings, action taken, and reasons therefor
be sent to the following parties:[2]
(b)
One copy of the plan shall be maintained for
the permanent records of the Township, and one copy shall be returned
to the applicant.
(5)
The decision of the Board of Supervisors shall be rendered no later than 90 days after the date of the regular Planning Commission meeting next following the date upon which the applicant has made a complete plan submission in accordance with § 190-22A and B of this chapter. However, if said regular meeting of the Township Planning Commission is more than 30 days after the submission date, the first day of the ninety-day review period shall be the 30th day after a complete plan submission has been made by the applicant. This review period may be extended by mutual agreement of the applicant and the Township; such agreement shall be in writing.
(6)
Approval of preliminary plan shall not constitute
acceptance of a subdivision for recording. Approval is only an expression
of approval of a general plan to be used in preparing the final subdivision
plan for final approval and recording upon fulfillment of all requirements
of these regulations.
(7)
When a preliminary plan has been approved or approved
subject to conditions acceptable to the applicant, no subsequent change
or amendment in the Zoning, Subdivision and Land Development, or other
governing ordinance or plan of the Township shall be applied to affect
adversely the right of the applicant to commence and to complete any
aspect of the approved development in accordance with the terms of
such approval within five years from such approval.
A.
Within one year of the approval (or approval with
conditions) of a preliminary plan by the Board of Supervisors, a final
plan shall be officially submitted to the Township.
(1)
The Board of Supervisors, upon written request, may,
but shall not be compelled to, grant an extension to this one-year
period. Final plans submitted after the expiration of such time where
no extension has been granted shall be deemed a new preliminary plan.
(2)
The final plan shall conform in all aspects to the
preliminary plan as previously reviewed by the Township Planning Commission
and the Board of Supervisors, except that it shall incorporate all
modifications required by the Township as a condition of approval
of the preliminary plan.
(3)
The Township may permit submission of the final plan
for residential and mixed-use developments in sections or phases.
(a)
Each section or phase, except for the last section
or phase, shall contain a minimum of 25% of the total number of dwelling
units as depicted on the preliminary plan, unless the Board of Supervisors
approves otherwise.
(b)
The final plan for the first section or phase
shall be submitted to the Township within one year of the Township
approval of the preliminary plan for the entire development.
(c)
The final plan for the last section or phase
shall be submitted within five years of the Township approval of the
preliminary plan for the entire development. The Board of Supervisors
may, but shall not be compelled to, permit an extension of this period
upon written request by the applicant. Where no such extension is
granted, any section(s) submitted for final approval after such five-year
period shall comply with the applicable revisions and amendments to
Township ordinances and regulations which have been made since preliminary
plan approval.
B.
Plans to be filed with the Township. Copies of the
final plan, all required supporting data, and payment in full of required
fees shall be submitted to the Township Secretary or the Planning
Commission Secretary by the subdivider or his representative, who
shall be authorized in writing to submit said final plan. The final
plan shall be filed with the Municipal Authority together with all
fees, supporting data and documentation required by the Authority's
rules and regulations.
[Amended 6-19-2003 by Ord. No. 193]
C.
An official submission of a final plan shall include
the following elements:
(2)
Ten legible black-line or blue-line paper prints which shall comply with § 190-17 of this chapter.
[Amended 6-19-2003 by Ord. No. 193]
(3)
Four copies of all other required information including
the following, as may be applicable:
[Amended 6-19-2003 by Ord. No. 193]
(a)
All offers of dedication and covenants governing
the reservation and maintenance of undedicated open space shall be
approved by the Township.
(b)
Such private deed restrictions, including building
reserve lines, as may be imposed upon the property as a condition
of sale, together with a statement of any restrictions previously
imposed which may affect the title to the land being subdivided.
(c)
Whenever a subdivider proposes to establish
a street which is not offered for dedication to public use, the Township
Planning Commission or the Board of Supervisors may require the applicant
to submit, and also to record with the plan, a copy of an agreement
made with the Township on behalf of his heirs, successors, and assigns
and approved by the Township, establishing the conditions under which
the street may later be offered for dedication. The following conditions
shall be included as a minimum:
[1]
The street shall be designed and constructed
to Township specifications. As an alternative, the owners of the abutting
lots shall include with the offer of dedication sufficient money,
to be estimated by the Township Engineer, necessary to bring the street
into conformance with Township standards.
[2]
An offer to dedicate the street shall be made
only for the street as a whole.
[3]
The method of assessing repair costs shall be
stated.
[4]
The agreement by the owners of 51% or more of
the frontage along such road shall be binding upon all property owners
along said road.
(d)
Wherever approval by the Pennsylvania Department
of Environmental Protection is required for the water supply or sanitary
sewage disposal system(s) for a proposed subdivision, the Township
Planning Commission shall require that two copies of such certification
of approval shall be submitted with the final plan.
(4)
Filing fee.
(a)
The Township Secretary or Planning Commission
Secretary shall be responsible for collecting a filing fee as shall
be established by the Township Board of Supervisors. Such fee shall
be sufficient to cover administrative costs associated with and incidental
to the examination and approval of plans.
(b)
The applicant shall pay the fee at the time
of application for approval of a final plan. A plan submission shall
not be deemed complete without payment in full of such fee.
D.
Submitting a final plan. Complete submission of a
final plan shall be made at the Township Building not less than 10
working days prior to the regular meeting of the Planning Commission.
The Township shall not accept for review a final plan application
which is incomplete.
[Amended 6-19-2003 by Ord. No. 193]
E.
Distribution of final plan. The Township Secretary
shall be responsible for distributing the final plan to the following
entities. No distribution shall be made until all required fees have
been paid in full.
[Amended 6-19-2003 by Ord. No. 193]
(1)
One copy to the Township Planning Commission, including
one copy of the application form and one copy of all required supplementary
information.
(2)
One copy to the Board of Supervisors, including one
copy of the application form and one copy of all required supplementary
information.
(3)
One copy to the Township Engineer.
(4)
One copy to the Township Zoning Officer.
(5)
One copy of the plan, including one copy of the application
form and one copy of all required supplementary information, shall
remain on file at the Township Office.
(6)
One copy of the plan, the Application and all other
required information to the Municipal Authority.
A.
Review by the Township Engineer.
(1)
The Township Engineer shall review the final plan
to determine its conformance to this chapter, identifying all deviations
from the requirements of this chapter as he may find, and recommending
such changes, alterations, or modifications as he may deem necessary.
(2)
The report of the Township Engineer shall be in writing
and shall be submitted to the Township Planning Commission prior to
their regularly scheduled or special meeting at which the final plan
is to be considered by the Township Planning Commission (typically
but not necessarily the regular meeting following the meeting at which
the applicant made a complete submission for review of the plan).
(3)
The report shall include an estimate of the cost of
construction of all improvements as required by this chapter.
B.
Review by the Township Zoning Officer.
(1)
The Township Zoning Officer shall review the final plan to determine its conformance to Chapter 220, Zoning.
(3)
The report from the Township Zoning Officer as to
the accuracy of the information shown shall be submitted to the Township
Planning Commission prior to the regularly scheduled or special meeting
at which the final plan is to be considered by the Township Planning
Commission.
C.
Review by the Township Planning Commission.
(1)
When a final plan has been officially submitted, such
plan shall be reviewed by the Township Planning Commission at its
next regularly scheduled meeting, or, in the discretion of the Planning
Commission, at a special meeting. Such special meeting shall be held
not more than 30 days following the date upon which a complete submission
was accepted by the Township Secretary.
(2)
During review of the final plan, the Township Planning
Commission shall consider the written reports of the Township Engineer
and the Township Zoning Officer before making its final decision.
(3)
The Township Planning Commission shall recommend that
the proposed subdivision or land development be approved or disapproved.
Such recommendation shall require the agreement of a simple majority
of the Planning Commission members.
(b)
If the Planning Commission recommends that the plan be disapproved, the written decision shall state the reasons for such decision and the provisions of this chapter or Chapter 220, Zoning, relied upon.
(c)
Such written decision shall be transmitted to
the parties specified above not later than five working days after
the meeting at which the final plan was reviewed and shall be signed
by the Chairman or the Secretary of the Township Planning Commission.
(d)
The Township Planning Commission shall take
official action not later than the 60th day following the date upon
which a complete submission was accepted by the Township Secretary.
(4)
At least one copy of the final plan drawing shall
be signed by those members of the Township Planning Commission who
voted to approve the plan. Such signatures shall indicate that that
plan has been reviewed by the Planning Commission and is the subject
of their written final decision and recommendation to the Board of
Supervisors. The signed final plan shall be transmitted to the Board
of Supervisors by the Township Secretary or by the Planning Commission
Secretary, who shall also forward to the Board of Supervisors copies
of all reports received from the Township Zoning Officer and the Township
Engineer.
D.
Review by the Township Board of Supervisors.
[Amended 6-19-2003 by Ord. No. 193]
(1)
When a final plan has been transmitted to the Board
of Supervisors by the Township Planning Commission, together with
the final decision and recommendation of the Commission, such final
plan shall be reviewed at their next regularly scheduled meeting or,
at the discretion of the Board of Supervisors, at a special meeting
which may be held prior thereto.
(2)
The Board of Supervisors shall review the final plan
and the written report and recommendations thereon of the Township
Planning Commission, the Township Engineer, the Township Zoning Officer,
the Solicitor, the Municipal Authority and any other officials and
official boards of the Township, to determine the conformance of the
final plan to the standards of this chapter. The Board of Supervisors
may require or recommend such changes and modifications as they shall
deem necessary or advisable in the public interest.
(3)
The decision of the Board of Supervisors shall be rendered no later than 90 days after the date of the regular Planning Commission meeting next following the date upon which the applicant has made a complete plan submission in accordance with § 190-24B and C of this chapter. However, if said regular meeting of the Township Planning Commission is more than 30 days after the submission date, the first day of the ninety-day review period shall be the 30th day after a complete plan submission has been made by the applicant. This review period may be extended by mutual agreement of the applicant and the Township; such agreement shall be in writing.
(4)
The action of the Board of Supervisors to approve or disapprove the final plan shall be noted with the date of such action and the signature of the Chairman of the Board of Supervisors on at least two sets of plans (more sets are required if the plan is approved in order to satisfy the requirements for recording the plan with the county). If the final plan is disapproved, the minutes of the meeting and the written decision shall state the reasons for such determination, including the provisions of this chapter, Chapter 220, Zoning, or other Township ordinance, statute, or regulation relied upon.
(5)
(6)
Prior to final approval of the final plan, the applicant
shall guarantee the installation of all required improvements by one
of the following methods:
(a)
By installing the improvements required by Article V of this chapter to the satisfaction of the Township Engineer. Upon completion, the Township Engineer shall issue to the developer a certificate stating that all improvements have been installed in accordance with the standards and requirements of this and all other applicable Township ordinances and regulations.
(7)
Upon approval of a final plan, the Chairman and enough
members of both the Board of Supervisors and the Township Planning
Commission to make a simple majority of each body and the chairman
and Secretary of the municipal authority shall sign and date as many
paper prints of the approved plan as may be required for the recording
process and for the administrative needs of the Township, the county,
and the applicant. The seal of the Township shall be affixed to such
signed plans by the Township Secretary or other individual authorized
to do so. Such signed and sealed plans shall become the record plan.
A.
After approval by the Board of Supervisors and endorsement
by the Board of Supervisors and the Township Planning Commission,
the applicant shall record his plan in accordance with the requirements
of the Berks County Recorder of Deeds. No plan may be legally recorded
unless it bears the Township approval and seal and an indication that
county review has taken place. Only paper copies of the approved plan
shall be affixed with the signatures of the Planning Commission, the
Board of Supervisors and the Township seal.
B.
After the final plan has been approved by the Township,
the County Planning Commission may require one reproducible copy of
the final plan, as approved, for their permanent files and two black-line
or blue-line prints. It shall be the responsibility of the applicant
to determine if the County Planning Commission desires such copies
of the approved final plan.
C.
Because review fees and actual costs are incurred
by the Township to carry out its obligations under the Second Class
Township Code,[1] Municipalities Planning Code,[2] and other statutes and ordinances, and because failure
to pay these expenses and fees by applicants impairs the ability of
the Township to carry out its police and regulatory function, no plans
shall be entitled to be released nor shall any plan be released for
recording, unless and until all costs and fees incurred by the Township
during the review process, including but not limited to engineering
and solicitor fees, shall be fully paid. Further and notwithstanding
any provisions to the contrary, if approval plans are not released
for recording because of failure to comply with this section within
90 days of the vote for approval, then the approval shall expire and
be deemed to be revoked pursuant to Section 509(b) of the Pennsylvania
Municipalities Planning Code,[3] as amended, unless pursuant to that statute, a written
extension of time is obtained.
[Added 6-19-2003 by Ord. No. 193]
D.
The applicant
shall fine the record plan with the County Recorder of Deeds within
90 days of the date of final approval by the Township Supervisors.
If the subdivider fails to record within such period, the Township
approval shall be null and void unless an extension of time is granted
in writing by the Board of Supervisors upon written request by the
applicant.
E.
A copy of the recorder's certificate, indicating that
the record plan has been recorded and showing the deed book and page
number shall be delivered to the Township.
A.
General requirements.
(1)
Financial security required by this section shall
be in the form of a federal- or commonwealth-chartered lending institution
irrevocable letter of credit, a restrictive or escrow account in such
an institution or a financially responsible bonding company, cash
or cash equivalent, or such other type of financial security as may
be approved by the Township. The lending institution or bonding company,
as applicable, may be chosen by the party posting the financial security,
provided that said lending institution or bonding company is authorized
to conduct business within the Commonwealth of Pennsylvania, is acceptable
to the Board of Supervisors, and stipulates that it will submit to
Pennsylvania jurisdiction and Berks County venue in the event of legal
action.
(2)
All agreements for guarantees required by this section
shall be executed by the applicant or developer and shall be approved
by the Township upon advisement of the Township Solicitor.
B.
Improvements guarantee.
(1)
If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a subdivision or land development proposal, as provided for by § 190-25D(6)(b) of this chapter, the Township shall not condition the issuance of a building, grading, or other permit relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the approved final plan upon actual construction of the said improvements. Moreover, if financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following:
(a)
The completion of the construction of new streets as described in Article V of this chapter in all respects except for the installation of the wearing course; and
(b)
The completion of all other improvements as
depicted upon the approved final plan, either upon the lot or lots
or beyond the lot or lots in question if such improvements are necessary
for the reasonable use of or occupancy of the building or buildings.
(2)
The applicant shall deposit with the Township financial
security in an amount equivalent to 110% of the estimated cost of
completion of all improvements, including engineering and inspections
costs, as of 90 days following the completion date anticipated by
the applicant. All improvements, both public and private, shall be
included in the cost estimate shall be all improvements and common
amenities, both public and private, including but not limited to streets,
walkways, shade trees, stormwater management facilities, pipes and
other related drainage facilities, recreational facilities, open space
improvements, buffer or screen plantings, water mains and other water
supply facilities, fire hydrants, and sanitary sewage disposal facilities.
(3)
The cost estimate shall be submitted by the applicant,
shall be prepared by a professional engineer licensed as such by the
Commonwealth of Pennsylvania, and shall be certified by such engineer
to be a fair and reasonable estimate. The Township, upon the recommendation
of the Township Engineer, may refuse to accept such estimate for good
cause shown. If the Township and the applicant are unable to agree
upon an estimate, then the estimate shall be recalculated and recertified
by another, neutral, professional engineer licensed as such by the
Commonwealth of Pennsylvania and chosen mutually by the Township and
the applicant. The estimate certified by the neutral engineer shall
be presumed fair and reasonable, and shall be the final estimate.
In the event that a neutral engineer is so chosen, fees for the services
of said engineer shall be paid equally by the Township and the applicant.
(4)
When requested by the applicant, the Township shall
furnish the applicant with a signed copy of a resolution indicating
approval of the final plan contingent upon the provision of financial
security by the applicant. The final plan shall not be signed or recorded
until the improvements guarantee has been executed. The resolution
and letter of contingent approval shall expire and be deemed to be
revoked if the financial security agreement is not executed within
90 days, unless a written extension is granted by the Board of Supervisors.
Request for such extension by the applicant shall be in writing.
(5)
Said financial security shall provide for, and secure
to the public, the completion of all subdivision improvements for
which such security is being posted within one year of the date fixed
on the subdivision plan and improvement construction plan for completion
of such improvements.
(6)
The Township may adjust the amount of the improvements
guarantee annually by comparing the actual cost of the improvements
which have been completed and the estimated cost of 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 applicant to post additional security in order to assure
that the amount of the improvements guarantee will equal no less than
110% of the cost of the remaining improvements at all times.
(7)
If the party posting the improvements guarantee requires more than one year from the date of posting the guarantee to complete the improvements, the amount of the guarantee shall be increased by an additional 10% for each one-year period beyond the first anniversary date from the date of the original posting. The new amount shall not exceed 110% of the cost of completing the remaining required improvements as established upon the expiration date of the preceding one-year period, as described in Subsection B(6), above.
(8)
Where development is projected over a period of years,
the Township may authorize submission of final plans by section or
stage of development, subject to such requirements or guarantees for
improvements within the future sections or stages of development as
the Board of Supervisors deems essential for the protection of any
finally approved section or stage of the development.
(9)
As the work of installing the required improvements
proceeds, the party posting the improvements guarantee may request
the Board of Supervisors to release or to authorize the release of
such portions of the improvements guarantee necessary for payment
to the contractor(s) performing such work. Any such requests shall
be in writing, addressed to the Board of Supervisors. The Board shall
have 45 days from the receipt of such request within which to allow
the Township Engineer to certify in writing to the Board that such
portion of the work upon the improvements has been completed in accordance
with the approved plans. Upon such certification, the Board shall
authorize release by the bonding company or lending institution of
an amount as estimated by the Township Engineer fairly representing
the value of the improvements completed. If the Board fails to act
within said forty-five-day period, the Board shall be deemed to have
approved the release of funds as requested.
(10)
The Township Engineer, in certifying the completion
of work for a partial release, shall not be bound to the amount requested
by the applicant, but shall certify to the Board his independent evaluation
of the proper amount of partial releases.
C.
Release from improvements guarantee.
(1)
When the developer has completed all improvements
according to agreement, he shall notify the Board, in writing by certified
or registered mail, and the Township Engineer of said completion.
Within 10 days after receipt of such notice, the Board of Supervisors
shall direct the Township Engineer to make a final inspection of the
improvements covered by the guarantee. The Township Engineer shall
file a report in writing with the Board of Supervisors, and shall
promptly mail a copy of the report to the developer by certified mail.
The report shall be made and mailed within 30 days after receipt by
the Township Engineer of the notification from the developer. The
report shall be detailed and shall indicate his recommendation of
approval or rejection of improvements, whether in whole or in part.
If the Township Engineer recommends nonapproval or rejections of the
improvements, or any portion thereof, the report shall state the reasons
for such recommendation.[1]
(2)
The Board of Supervisors shall notify the developer,
within 15 days of receipt of the Township Engineer’s report,
in writing by certified mail of the action of the Board with regard
to approval, nonapproval, or rejection of the improvements.[2]
(3)
If any portion of the improvements shall not be approved
or shall be rejected by the Board, the developer shall proceed to
complete those improvements. Upon completion, the same procedure of
notification and inspection as described hereinabove shall be used.
D.
Performance guarantee.
(1)
The developer shall be responsible for maintenance
of all subdivision or land development improvements until such improvements
are offered for dedication and are accepted by the Township or have
been placed under the control of a community association.
(2)
Where the Board of Supervisors accepts dedication
of all or some of the required improvements following completion,
the Board shall require the posting of financial security for the
structural integrity of the improvements and the functioning of the
improvements in accordance with the design and specifications as depicted
on the final plan.
E.
Maintenance guarantee.
(1)
Where maintenance of stormwater retention facilities
is to be the responsibility of individual lot owners, a community
association, or some other qualified organization, the Board shall
require that maintenance responsibilities be set forth in perpetual
covenants or deed restrictions binding on the landowners' successors
in interest, and may further require than an initial maintenance fund
be established in a reasonable manner.
(2)
If water mains, sanitary sewer lines, or both, along
with apparatus or facilities related thereto, are to be installed
under the jurisdiction of an pursuant to the rules and regulations
of a public utility or municipal authority separate and distinct from
the Township, financial security to assure proper completion and maintenance
thereof shall be posted in accordance with the regulations of the
controlling public utility or municipal authority. Such funds shall
not be included within the financial security required elsewhere in
this section.
Any revision, replatting, or resubdivision of
land which includes changes to a recorded plan shall be considered
a subdivision and shall comply with all regulations of this chapter,
except in the following situations.
A.
Lot lines may be changed from those shown on a recorded
plan, provided that in making such changes:
(1)
No lot or tract of land shall be created or sold that is smaller than the minimum dimensions required by Chapter 220, Zoning;
(2)
Easements and rights-of-way reserved for drainage
shall not be changed;
(3)
Street locations and block sizes shall not be changed;
and
(4)
No lot shall be created which does not abut an existing
or a proposed street.
B.
In every case wherein lot lines are changed as permitted above, the subdivider shall prepare a new final plan and shall submit the plan to the Township Secretary for the endorsements of the Township Planning Commission and Board of Supervisors, thereby becoming a new record plan. The new plan shall specifically identify the record plan being superseded and shall also contain the record reference if the previous record plan has been recorded. The subdivider shall then record the new plan in accordance with § 190-26 of this chapter.
A.
At the discretion of the applicant, a subdivision
proposal may be initially submitted to the Township as a final plan
provided that:
B.
The plan shall contain all details and information required by § 190-17 of this chapter, specifically including the results of soil percolation tests.
C.
When a sketch plan or a preliminary plan as submitted
contains all of the data and information required by this chapter
for a final plan and meets all the other requirements of a final plan,
the Board of Supervisors may, upon advisement of the Township Planning
Commission, review and consider such sketch plan or preliminary plan
as a final plan and approve the same as a final plan and endorse such
plan to become a record plan.
D.
Nothing in this section shall be interpreted to compel
the Board of Supervisors to accept an initial submission as a final
plan, nor to deem a sketch plan or preliminary plan a final plan submission,
regardless of completeness of data provided therewith.
E.
The Board of Supervisors may entertain a waiver of full compliance with all of the plan review and approval provisions of Article IV of this chapter for submissions that meet all of the following provisions and conditions:
[Added 7-15-2009 by Ord. No. 218]
(1)
Criteria for exemption. A plan for which the purpose is to provide
a change in use on an existing developed tract of land.
(a)
The proposed use must have been permitted in that zoning district,
or approved by prior variance or court order. No use that requires
a special exception or conditional use will qualify for this exemption.
(b)
There is no subdivision of land or annexation of land proposed.
(c)
There will be no public improvements constructed.
(d)
There will be no change to the building footprint or increase
to impervious area.
(e)
There are no documented or known public health or safety issues
with the existing tract of land.
(f)
There will be no change to the method, direction or increase
in rate of stormwater leaving the property.
(g)
Any increase in traffic must be documented and such impact on
existing streets and neighboring properties mitigated.
(h)
The proposed use cannot cause public safety issues: vibration,
air quality, electromagnetic, fire and explosive, radioactive material,
glare and heat, nonradioactive liquid and solid waste.
(2)
Submission and review procedures.
(c)
The plan shall be reviewed by the Board of Supervisors.
(d)
A zoning permit, which lists any conditions imposed by the Board
of Supervisors when granting plan approval, shall be issued to the
applicant by the Zoning Officer. The approved plan will not be recorded
but will be attached to the zoning permit and kept on file in the
Township Office.
(e)
When the applicant has completed any and all conditions imposed
by the Board of Supervisors for plan approval and all proposed work
set forth in any zoning and building permits, the Zoning Officer will
do a final inspection of the property. Upon passing the final inspection,
a certificate of occupancy will be issued by the Zoning Officer to
the property owner for the new use.
(3)
Plans shall at a minimum provide information to show compliance with
the following Zoning Ordinance regulations:
(4)
In addition to showing compliance with all the above provisions,
the plan shall also show the following information:
(a)
Name and address of recorded owner and developer.
(b)
State the existing use and the proposed use of the property
including all accessory uses.
(c)
Total tract boundary with bearings and distances.
(d)
Existing features including but not limited to: [NOTE: An existing "as-built" land development plan may be used to satisfy the requirements of Subsection E(4)(d).]
(e)
Proposed features which are a modification from the existing
features.
(f)
The change in traffic from the existing use to the proposed
use may be shown using the Trip Generation Manual published by the
Institute of Transportation Engineers or a similar publication.
(g)
Name and address of the person preparing the plan.
(h)
Calculations and/or additional information shall be submitted
with the plans as required to satisfy the above listed items.
(5)
Nothing in this section shall exempt the applicant from securing
any and all required local, state and federal permits and approvals,
including but not limited to planning modules, erosion and sediment
control permits, driveway highway occupancy permit, prior to issuance
of plan approval or zoning permit issuance.
