All applications for subdivision or land development shall be prepared, filed, processed, acted upon and administered in accordance with the provisions of this chapter and those of Chapter 145, Zoning, Chapter 116, Stormwater Management, and any other law, ordinance, resolution or regulation which applies to the application.
For purposes of this chapter, the general types of plan applications
and their applicability are as follows:
A.
Sketch plan. Submitted at the election of the developer; while not
required, sketch plans are encouraged in the case of large major subdivisions
and major land developments.
B.
Preliminary plan. Required for major subdivisions and major land
developments. Must set forth and include all land of the applicant
proposed for development, any stages of development to be defined
and the subject of individual final plan applications if applicable.
C.
Final plan. Required for all subdivisions and land developments;
except in the case of major subdivisions and major land developments,
may be the only required plan application. In appropriate circumstances,
final plans may be submitted for stages of development of a subdivision
or major land development for which preliminary approval of the whole
has been granted.
A.
Sketch plan applications.
(1)
Submission of a sketch plan for a proposed subdivision or land development
is not required, but is encouraged.
(2)
A sketch plan of a minor subdivision which does not involve construction
or extension of a public road, does not require a stormwater management
plan and does not involve any general issues related to allowance
of the development may be submitted to the Engineering Department
for informal review, in which event no consideration by the Planning
Commission or Board of Supervisors shall be required.
(3)
Sketch plan applications for all proposed land developments and subdivisions other than the type discussed in Subsection A(2) shall be filed with the Engineering Department and shall be reviewed by the Planning Commission and the Board of Supervisors, but shall not require review by the Department of Planning.
(4)
The Board of Supervisors will not take formal action on a sketch
plan application, the purpose of the process being that of allowing
the consideration of a development concept in general terms prior
to a developer's incurring substantial costs for more detailed
preliminary plan application.
(5)
The Board of Supervisors, during review, may consult with or refer
the applicant to the Department of Planning for assistance that should
remain confidential.
(6)
An applicant who has received a favorable informal response by the
Board of Supervisors to a sketch plan application should submit the
sketch plan application to the Erie County Department of Health, whether
the application proposes on-lot or public sewage disposal, for its
review prior to preparing a preliminary plan.
B.
Nonsubstantial amendment of approved land development plan. Applications for nonsubstantial amendment of a previously approved land development plan shall, in accordance with Article VII, be filed with the Engineer, who shall submit his or her recommendation thereon directly to the Board of Supervisors at a regular meeting.
A.
All applications for subdivision or land development approval must
be approved by the Health Department and/or PaDEP before an application
will be signed by the Department of Planning or accepted for filing
by the Township.
B.
A proposed development which is to be served by an existing or proposed
public sanitary sewer system must be reviewed by the Health Department
to determine whether a sewage facilities planning module form must
be completed and submitted by the developer for approval by the Township,
the Health Department and PaDEP.
C.
A proposed development which is not to be served by a public sanitary
sewer system must be submitted to the Department of Health and PaDEP
for approval of the proposed on-lot septic system.
A.
Where required under regulations or policies of PaDEP, a wetlands
delineation shall be provided as to the land involved in all preliminary
plans and in all final plans.
B.
Where wetlands are within the jurisdiction of the U.S. Army Corps
of Engineers, a wetlands delineation shall be submitted to the Corps
of Engineers and PaDEP for their review and a written jurisdictional
determination must be provided with the preliminary or final plan
application.
C.
Where wetlands are not within the jurisdiction of the U.S. Army Corps
of Engineers, a wetlands delineation shall be submitted to PaDEP for
its review and a letter issued by PaDEP confirming its review and
approval of said wetlands delineation must be provided with the preliminary
plan or, if no preliminary plan is required, the final plan application.
D.
Where required under this section, a plan application will not be accepted by the Township unless it is accompanied by the certification required under Subsection B or C; provided, that if the regulatory authority advises the Township that such review has been completed and that the requisite certification will be issued but has not been for reasons not relating to any action or omission on the applicant's behalf, the Board of Supervisors may accept a plan application, such acceptance being subject to the Township's receipt of the required certification promptly upon its issuance.
A.
Excepting only sketch plans, all preliminary and/or final applications
for subdivision and land development approval shall be submitted to
the Department of Planning for its review prior to any filing of an
application therefor with Millcreek Township.
B.
An applicant for preliminary or final subdivision or land development
plan approval shall submit two copies of the plan application to the
Department of Health contemporaneously with submission of the plan
application to the Department of Planning.
C.
Procedures for submission of plan applications and payment of review
fees to the Department of Planning and other applicable agencies shall
be as established in written policies adopted by the Department of
Planning and Millcreek Township (see Resolution 97-R-62, as amended).
In the event of a conflict between policies adopted by the Department
and the Township, those of the Township shall control.
All applications and plats for subdivision and/or land development
shall be filed with the Township's Engineering Department.
A.
No application for preliminary or final plan approval shall be accepted
unless the Department of Planning and other applicable agencies have
completed and acknowledged their review of the application; provided,
however, that to expedite review of proposed stormwater management
plans, the Engineering Department is authorized to accept submission
of proposed stormwater management plans and to refer such applications
to the Township's retained review engineer upon receipt of the
plan, the required application and the applicable deposit for review
costs.
B.
No application shall be deemed to be filed or accepted by the Township
unless the application is accompanied by all documents, information,
fees and deposits required under this chapter and other applicable
regulations.
C.
For a plan application to be included on the agenda of a Planning
Commission meeting, the complete application, accompanied by all required
items, application forms, fees and deposits must be received by the
Engineering Department not later than the deadline established by
the Board of Supervisors for inclusion on the agenda of the next scheduled
meeting of the Planning Commission. It shall be solely the responsibility
of applicants to submit complete applications, and no exceptions to
this requirement shall be authorized.
D.
Upon receipt of an application and/or plat, the Engineering Department
shall review the submission to determine whether it meets all requirements
under this chapter and applicable regulations. If the submission does
not meet all requirements, the Engineer shall by telephone, telefacsimile
or similar communication advise the applicant of the deficiencies.
E.
The applicant shall be entitled to file with the Engineer additional
or corrected items required to comply with this chapter's requirements.
If the application or plan includes all required items not later than
the deadline established by the Board of Supervisors prior to the
next regular meeting of the Planning Commission, the application shall
be included on that meeting's agenda. Unless an application is
complete in all respects, the application shall be deferred to the
meeting of the Planning Commission next following the established
deadline by which a complete application has been received.
A developer desiring to subdivide land or initiate a land development
or other development of land subject to this chapter shall submit
to the Township an application for approval of a development plan.
A development plan application must comply with all requirements of
this chapter and applicable regulations. A development plan application
shall be accompanied by payment of all filing, review, inspection
and other fees and deposits as shall be established by resolution
adopted from time to time by the Board of Supervisors. Development
plan applications and payments of filing and other fees shall be submitted
to the Millcreek Township Engineering Department. All fees, deposits
and other sums shall be payable to Millcreek Township and note the
purpose of the payment. All review, inspection and other fees payable
to the Department of Planning and other agencies shall be paid directly
by the applicant to such agency.
All development plan applications and items required to be filed
or recorded in connection therewith shall be reviewed as is applicable
by the Engineering Department, the Solicitor and/or the engineer or
engineering firm retained by Millcreek Township to review, inspect
and certify stormwater management plans and their implementation.
No plan application shall be considered by the Board of Supervisors,
nor shall any item required under this chapter be accepted or allowed
for recording without prior approval of the reviewing Engineer or
Solicitor. The Board of Supervisors shall by resolution provide for
specific review services as the Board should deem appropriate, and
shall by resolution establish fees and deposits to be paid by plan
applicants for such review, inspection and legal services.
Upon receipt of a plan application and payment of all fees and
deposits required to be filed therewith, the Township Engineer shall:
A.
Conduct an initial review of the plan application and provide notices to the applicants as required in § 125-24.
B.
Determine upon the final deadline for submission of complete plans
those applications properly and fully submitted and to be included
on the agenda of the next scheduled Planning Commission meeting.
C.
Review comments of the Department of Planning and other agencies
which have reviewed the application and provide such comments to the
Planning Commission and Board of Supervisors in connection with their
reviews.
D.
Prepare the agenda of the Planning Commission.
E.
Prepare and provide for publication of such notice(s) of the meeting
and agenda of the Planning Commission as are required by law.
F.
At least 10 days prior to the date of the Planning Commission meeting
at which a plan application shall be first considered, mail written
notice to owners of properties adjacent to that subject to the pending
development plan application stating the general nature of the application
and the date and time of the Planning Commission meeting, in accordance
with requirements established by resolution adopted by the Board of
Supervisors.
(1)
Notice of a preliminary plan application shall be given to owners
of all parcels of land one acre or more in size which directly abut
the proposed development by registered mail or certified mail, return
receipt requested.
(2)
Where a proposed development abuts an adjacent municipality, written
notice of such application and of the Planning Commission's meeting
shall be sent to the Secretary of said municipality.
G.
If the application requires a stormwater management plan and the
developer's proposed stormwater management plan has not previously
been received, forward such proposal to the engineer or firm retained
to review, inspect and certify stormwater management plans and their
implementation.
Applications or plans for subdivision and land development shall be reviewed and considered by the Planning Commission at a public meeting in accordance with the provisions of § 125-16A through C. The Planning Commission shall receive information from the applicant and others and shall vote whether to recommend to the Board of Supervisors as to a plan:
The Board of Supervisors shall act upon all applications and
plats for subdivision and land development at a regular or special
meeting of the Board, subject to the following requirements:
A.
All applications for approval of a subdivision or land development plat, whether preliminary or final, shall be acted upon by the Board of Supervisors such that its decision is rendered and communicated to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission next following the date on which the application was timely filed, as defined in § 125-24. If the regular meeting of the Planning Commission next following complete submission by the applicant is more than 30 days following the application's filing, said ninety-day period shall be measured from the 30th day following the date on which the application was filed.
B.
The decision of the Board of Supervisors shall be in writing and
shall be communicated to the applicant personally or by mail at the
address listed on the application not later than 15 days following
the decision.
C.
The Board of Supervisors shall not approve any application or plat
which does not meet all of the mandatory requirements for submissions.
D.
The Board of Supervisors may at its election table an application
to a later meeting within the required period of time for decision,
but shall not honor an applicant's request that the application
be tabled unless such request is in writing, signed by the applicant
and expressly agrees to extend the time allowed to the Board for decision
under MPC Section 508[1] and § 125-29A by the number of days from the date of the meeting on which the application was to be considered to the date of the meeting at which later consideration is requested.
[1]
Editor's Note: See 53 P.S. § 10508.
E.
Any request by an applicant to withdraw an application must be in
writing and must clearly state the request that the application not
be acted upon.
F.
All requirements established in this chapter, Chapter 145, Zoning, Chapter 116, Stormwater Management, Chapter 29, Part 2, Public and Private Improvements, and other applicable laws, ordinances or regulations which apply to the proposed development shall be deemed to be conditions upon any approval of a plan without being recited by the Board of Supervisors in its decision.
G.
All conditions upon approval of a subdivision or land development
plan must be met prior to signing by the Supervisors and recordation
of the plan.
H.
Before acting on any development plan, the Board of Supervisors at
its election may hold a public hearing thereon after public notice.
I.
In acting upon an application for subdivision or land development,
the Board of Supervisors' action shall be either:
J.
Where the Board imposes conditions upon approval other than compliance
with regulations of this chapter or other applicable laws or ordinances,
the decision and conditions shall be communicated in writing to the
applicant.
(1)
The applicant shall not be obligated to accept the conditions imposed
upon approval. However, the failure by the applicant to endorse applicant's
acceptance of the conditions in writing upon the decision document
or other writing within 15 days after the date on which the decision
was communicated to applicant shall result in the application being
deemed denied for reasons set forth as the conditions not addressed
and accepted by applicant. In the event an applicant fails to endorse
acceptance of conditions within 15 days, the Engineer shall in writing
advise the Board of Supervisors.
(2)
Conditions imposed upon plan approval and accepted by the applicant
shall be as binding upon the applicant and subject to financial security
for performance as all other regulations established in this chapter.
K.
The Board of Supervisors shall have authority to provide for the
grant and administration of waivers or modifications to the minimum
standards of this chapter when literal compliance with mandatory provisions
is found by the Board of Supervisors to be unreasonable, to cause
undue hardship or when an alternative standard can be demonstrated
to provide equal or better results. The burden shall be upon the applicant
to show an entitlement to waiver or modification. Financial expense
alone shall not be deemed a hardship. A hardship cannot have been
caused by the applicant, and must involve a physical, topographic
or similar condition, or a development concern unique to the property
and which does not affect generally the subdivision or development
of land.
L.
If a plan application cannot be approved by the Board of Supervisors
because amendments thereto required by the Township to ensure compliance
with this chapter, the Official Map, another ordinance or applicable
regulation and agreed to by the applicant have not been made so as
to allow the Board to approve an amended application within the time
allowed by law, the Board of Supervisors in its discretion may:
(1)
Upon receipt of a written request signed by the applicant which waives
the applicant's right to a decision within the time specified
in the MPC and this chapter to a date sufficient to ensure action
by the Board upon a completed and submitted amendment, table the application
to such projected date of receipt; or
(2)
In absence of the written request and waiver authorized under § 125-29L(1), authorize the amended plan application upon its submission to be reviewed and considered without imposition of fees for the resubmission, if the Board finds that an amended application is in the Township's best interest and that delay in submitting the amended application has been reasonably excused; provided, that such amended application must be entirely consistent with those provisions required by the Board for resubmission fees to be waived.
M.
Decisions of the Board of Supervisors denying an application shall
be in writing and shall state the Board's findings of fact and
reasons.
N.
The Township shall not release an approved plan for recordation until
all conditions imposed and requirements of the chapter, other ordinances
and/or the developer's agreement have been met.
Approval of a plan or application by the Board of Supervisors
which includes conditions shall require that all stipulations and
conditions shall be met, performed and completed by the applicant
within four months after the date of the approval with conditions.
Once all conditions and stipulations have been met by the applicant,
the Board of Supervisors shall give final approval to the plan and
sign the Mylar and other documents so that the plan may be recorded.
The Board of Supervisors, in its discretion, upon request by the applicant
and with good cause shown, may extend the period allowed for performance
of all conditions. Failure by an applicant to fully meet and perform
all conditions and stipulations imposed upon the plan's approval,
including those imposed under this chapter, or to obtain an extension
of time prior to the expiration of four months following the date
of approval with conditions, shall render the conditional approval
null, void and of no further effect.
A.
No plat which will require access to a highway under the jurisdiction
of the PennDOT shall be finally approved unless the plat contains
a notice that a highway occupancy permit is required pursuant to Section
420 of the State Highway Law, as amended,[1] before driveway access to a state highway is permitted,
and an access permit for the proposed access has been issued to applicant
by the Department. Approval by the Board of Supervisors of any preliminary
plan for which the required highway access permit(s) has not yet been
issued shall be expressly conditioned upon issuance of those highway
permits required under the plan application, and failure to obtain
such permit(s) shall constitute a failure of conditions imposed upon
preliminary plan approval. No final plan application shall be accepted,
approved or recommended for approval unless all required highway access
permits have been issued and copies thereof are submitted with the
plan application. Millcreek Township shall not be liable in damages
for any injury to persons or damage to property arising out of the
issuance or denial of a state highway or driveway access permit.
[1]
Editor's Note: See 36 P.S. § 670-420.
B.
No plat which will require access to a public street under the jurisdiction
of the Township of Millcreek shall be finally approved unless the
plat contains a notice that a Township street access permit is required
pursuant to this chapter before driveway or street access to a Township
street is permitted, and an access permit for the proposed access
is issued to the applicant by the Board of Supervisors. Approval of
any preliminary plan for which the required street access permit(s)
has not been issued shall be expressly conditioned upon issuance of
those street access permits required under the plan application, and
failure to obtain such permit(s) shall constitute a failure of conditions
imposed upon preliminary plan approval. No final plan application
shall be approved or recommended for approval unless all required
street access permits have been issued.
C.
Existence of some prior grant of access for a use other than the
proposed subdivision or land development shall not excuse compliance
with the requirements of this section.
A.
Effect of ordinance changes. Changes in this and other applicable
ordinances shall affect plats as follows:
(1)
From the time an application for approval of a plat, whether preliminary
or final, is duly and completely filed as provided in this chapter,
and while such application is pending approval or disapproval, no
change or amendment of the zoning, subdivision and land development
or other governing ordinance or plan shall affect the decision on
such application adversely to the applicant, and the applicant shall
be entitled to a decision in accordance with the provisions of the
governing ordinances as they stood at the time the application was
duly and completely filed. In addition, when a preliminary application
has been duly approved, the applicant shall be entitled to final approval
in accordance with the terms of the approved preliminary application
as above provided.
(2)
If an application is properly and finally denied, any subsequent
application shall be subject to the intervening change in governing
regulations.
(3)
When an application for approval of a plat, whether preliminary or
final, has been approved without conditions or approved by the applicant's
acceptance of conditions imposed upon approval, no subsequent change
or amendment in the zoning, subdivision and land development or other
governing ordinance or plan shall be applied to adversely affect 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 after such approval.
(4)
Where final approval is preceded by preliminary approval, the aforesaid
five-year period shall be counted from the date of the preliminary
approval. In the case of any doubt as to the terms of a preliminary
approval, the terms shall be construed in the light of the provisions
of the governing ordinances or plans as they stood at the time when
the application for preliminary approval was duly filed.
(5)
Where the landowner has substantially completed the required improvements
as depicted upon the final plan within the aforesaid five-year limit,
or any extension thereof as may be granted by the Board of Supervisors,
no change of municipal ordinance or plan enacted subsequent to the
date of filing of the preliminary plat shall modify or revoke any
aspect of the approved final plat pertaining to zoning classification
or density, lot, building, street or utility location.
B.
Development in stages. The applicant may construct a subdivision
or land development in separate stages or phases or time in accordance
with the standards for phased development set forth in this subsection:
(1)
Preliminary plan approval to include all phases. Where an applicant
proposes phased development of a project over time, the applicant
shall comply with all requirements for preliminary plan approval for
all phases. The preliminary plan shall include all land proposed by
the applicant for development.
(2)
Residential development minimum phase size. Each section in any residential
subdivision or land development, except for the last section, shall
contain a minimum of 25% of the total number of dwelling units as
depicted on the preliminary plan, unless a lesser percentage is approved
by the Board of Supervisors in its discretion.
(3)
Independence of phases. Each phase of a development shall include
the required improvements necessary to serve that phase of development
as if it were the final phase of the development, independent of any
proposed future phase of development.
(4)
Schedules for final application submissions and modifications thereto.
Where an applicant anticipates it will not submit final applications
for one or more phases of the overall development as depicted on the
preliminary plan within five years after the date of the preliminary
plan approval, the applicant shall file with the preliminary plan
application a written schedule delineating all proposed phases as
well as intended dates for filing final applications for each phase.
Applicant shall update such schedules annually on or before the anniversary
of the preliminary plan approval until such time as the Board of Supervisors
has granted final plan approval for the final phase of the overall
development as shown on the approved preliminary plan. Any modification
in the submitted schedule shall be subject to approval of Supervisors
in their sole discretion.
(5)
Effect of changes in regulations. Provided the applicant has not
defaulted with regard to (or violated any of the conditions of) the
preliminary plan approval, including compliance with the applicant's
schedule of submission of final plats for the various sections, the
aforesaid protections afforded by substantially completing the improvements
depicted upon the final plan within five years shall apply as shall
the provisions of MPC Section 508(4)(vi).[1] However, failure by the applicant to submit, update and/or
adhere to the required schedule of submission of final plans shall
subject any such section to any and all changes in zoning, subdivision,
land development and other governing ordinances enacted by Millcreek
Township subsequent to the date of the initial preliminary plan submission.
[1]
Editor's Note: See 53 P.S. § 10508(4)(vi).
A.
Sketch plans for a minor subdivision shall be submitted and informally reviewed by the Township Engineer pursuant to § 125-20A of this chapter, unless the applicant requests review by the Planning Commission and Board of Supervisors.
B.
A sketch plan shall include at least the minimum information required in Article VI of this chapter.
C.
In review of a sketch plan, it is intended that all potential concerns
regarding zoning classification of the property and compliance by
the plan with applicable requirements in this chapter and all other
federal and state laws, Township ordinances and regulations be identified,
so that violations, concerns and applicable conditions or needed variances
can be noted.
D.
Neither the Planning Commission nor the Board of Supervisors shall
take formal action upon a reviewed sketch plan. After review, the
response should be favorable if the sketch plan meets all applicable
laws and regulations and otherwise should note objections, violations
of applicable laws or other concerns. Response to a sketch plan may
be favorable subject to the applicant's addressing cited deficiencies
and violations.
E.
As the objective in submitting and reviewing a sketch plan application
is to allow consideration of proposals prior to a developer's
incurring substantial engineering and plan preparation costs, the
Engineer, Planning Commission and Board of Supervisors, while not
being bound by their response to the application, shall review and
respond to the application so as to identify potential violations,
deficiencies or concerns, and applicants are encouraged to submit
subsequent preliminary or final plans consistent with the sketch and
response thereto.
F.
Review by the Planning Commission and Board of Supervisors of sketch
plan applications shall not be deemed a public hearing. Submitted
sketch plans are open to review by interested parties, and persons
wishing to comment upon a filed sketch plan application may submit
written concerns for consideration by the Planning Commission and/or
Board of Supervisors. Public consideration of a sketch plan application
shall be conducted so as to allow full and proper review by the Commission
and Board of the submitted application, and to discourage commentary
beyond the scope of the appropriate review.
A.
A preliminary development plan application shall identify and set
forth all land contemplated by the developer as being encompassed
within the proposed development, whether the development is proposed
in one or in more than one stage or phase. Submission of multiple
preliminary plan applications for stages, phases or portions of a
subdivision or development is prohibited as being contrary to the
Township's proper interest in comprehensive land planning and
development.
B.
Preliminary plan applications shall comply with all requirements
established in this chapter and other applicable laws, ordinances
and regulations.
C.
Preliminary development plan applications proposing development in stages shall comply with the provisions of § 125-32B of this chapter.
D.
Approval of a preliminary plan application shall constitute approval
of the proposed development as to the character and intensity of development
and the arrangement and approximate dimensions of streets, lots and
other planned features, but shall not constitute authorization for
sale of lots or commencement of actual development activity.
E.
Approval of a preliminary development plan shall not constitute approval
of a final plan, but only approval of the general layout and design
as preliminarily submitted and approved.
(1)
Preliminary plan approval shall be valid and effective for one year
from the date of approval by the Board of Supervisors.
(2)
If a final plan for all or at least the first development stage of
the land encompassed within a preliminary plan is not properly filed
with the Township within one year after approval of the preliminary
plan, the Township's approval of the preliminary plan shall be
deemed to be canceled, rescinded and of no legal effect unless such
approval is extended by the Board of Supervisors.
F.
In the event the Board of Supervisors should approve a preliminary plan application subject to specified conditions, the developer must submit corrected and/or modified plans for final preliminary approval by the Board. Failure by the developer to accept conditions imposed upon plan approval as set forth in § 125-29J shall as there specified result in the plan application's being denied.
(1)
If conditions upon preliminary plan approval involve minor and nonsubstantial
modifications, the Board of Supervisors may at the time of its approval
with conditions authorize the developer to incorporate such revisions
in the final plan application(s) in lieu of submitting a revised preliminary
plan application.
(2)
Except where specifically authorized under § 125-34F(1), the developer shall within 90 days following conditional approval of the preliminary plan application or prior to submitting any final plan application, whichever first occurs, submit to the Engineer a revised preliminary plan plat reflecting all corrections and compliance with conditions imposed upon approval. When such submission is deemed to meet all requirements imposed, the Engineer shall recommend its approval by the Board of Supervisors.
G.
Compliance by all applicable final plan applications with applicable
law, ordinances and regulations shall be an express condition upon
any preliminary plan approval, without such requirement being stated.
A.
A final plan application must be filed with the Township within one
year after the date of approval, with or without conditions, by the
Board of Supervisors of the preliminary plan application. Any request
for extension of time for submission of a final plan must be submitted
in writing to the Engineer and approved by the Board of Supervisors
prior to expiration of the one-year period.
(1)
The Board of Supervisors shall have discretion to determine whether
an application for extension of time shall be granted or denied.
(2)
The Board of Supervisors shall not authorize an extension of time for filing a final plan where such extension would prolong the protection against post-application changes in laws and ordinances as set forth in § 125-32.
(3)
The Board of Supervisors shall have authority to impose reasonable
conditions upon approval of any request for extension of time, such
conditions where appropriate including a requirement that the final
plan application comply with substantive changes in laws or ordinances
which have been enacted since approval of the preliminary plan.
B.
A final development plan application may pertain to all or a portion of the land subject to the preliminary plan, but must comply with the requirements for development in stages as set forth in § 125-32B of this chapter and be consistent with the preliminary plan as approved.
C.
A final plan must comply with all requirements imposed by applicable
laws, ordinances, regulations and with conditions imposed on approval
of the preliminary plan.
D.
If the preliminary plan as approved was subject to conditions, whether
expressly imposed upon approval or by the terms of this chapter and
such conditions have not been met, a final plan application shall
not be accepted for all or any portion of the land subject to the
preliminary plan until the developer shall first properly submit and
obtain approval of a revised preliminary plan, which revised plan
shall supersede the original.
E.
A final development plan application shall be accompanied by all
documents and information required in this chapter, including but
not limited to agreements with applicable water and sewer authorities,
PennDOT permits for state highway access, permits for proposed septic
systems and/or water wells, approved delineation of wetlands, profiles,
maps, stormwater management plans and the like.
(1)
Where agreements, approvals, delineations and like documents have
been submitted with the developer's preliminary plan application,
they will be deemed to be incorporated within the final plan application;
provided, that the developer shall be obligated to notify the Township
in writing of any revocation, rescission or modification in previously
submitted documents.
(2)
For developments where no preliminary plan application is required,
all approvals, delineations, information and documents shall be submitted
with the final plan application.
F.
If the Board of Supervisors shall approve a final plan application
with conditions, such conditions must be met by the developer and
a revised final plan plat reflecting compliance with such conditions
submitted to the Township Engineer within six months after the date
of the Board's approval.
(1)
Upon timely submission of a revised final plan reflecting compliance
with conditions imposed upon its approval, the Engineer shall review
the same, notify the developer of any additional requirements and,
when a correct revised plat is in hand, recommend its approval to
the Board of Supervisors.
(2)
In the event a developer fails to complete all requirements imposed
by conditions imposed upon plan approval and/or fails to file a revised
final plan reflecting such compliance within six months after the
date of the Board of Supervisors' approval with conditions, conditions
upon approval shall be deemed to have failed, the conditional approval
shall be rescinded and revoked, and the final plan shall be deemed
to have been denied by reason of the failure of said conditions.
G.
Any requests by a developer for grant of a variance or modification
from the requirements of this chapter must be submitted in writing
with the submitted final plan application, along with a statement
of reasons for the request.
All development plan applications shall be subject to the following
requirements, which shall be met with submission or constitute express
conditions upon plan approval without being stated:
A.
Offer of dedication. Streets, parks and other improvements shown
upon a development plan may be offered for dedication to the Township
by formal notification thereof on the plan. Alternatively, the developer
may set forth upon the plan application a statement that all or some
of the improvements are not being offered for dedication.
(1)
An applicant's offer of dedication of rights-of-way or other
improvements must be clearly set forth on the plat; provided, that
unless expressly provided otherwise, rights-of-way will be presumed
to be dedicated for public use.
(2)
The Board of Supervisors shall have discretion to require dedication
of improvements as a condition of plan approval if it believes dedication
to be in the best interest of the Township and the general health,
welfare and safety or if such dedication is believed necessary to
assure their proper future maintenance and operation.
(3)
The Board of Supervisors shall have discretion to refuse an offer
of dedication if it believes acceptance is not in the best interest
of the Township and the general health, welfare and safety.
(4)
Prior to acting upon a final development plan application, the Board
of Supervisors shall determine whether the proposed plan meets applicable
requirements with regard to dedication or private ownership of improvements,
and may deny or condition approval of a final plan application based
upon this determination.
(5)
Every street, park or other improvement shown upon a development
plan application that is approved and recorded as provided in this
chapter shall be deemed to be private until such time as it has been
accepted or condemned by resolution of the Board of Supervisors as
a public street, park or other improvement.
(6)
So long as an improvement is private, the Township shall have no
responsibility for its maintenance or condition and the developer
shall be solely responsible for all repair and maintenance of and
removal of snow and ice therefrom.
(7)
The Township shall not accept dedication of any improvement until
receipt of a certification that it has been completed in accordance
with established requirements and is clean, free of debris and in
good condition, and the Board of Supervisors, in its discretion, may
require a deed of dedication.
B.
Stormwater management and grading plans. Any preliminary development plan application subject to the requirement that a stormwater management or grading plan be submitted and implemented shall be approved subject to the express condition that such stormwater management or grading plan meeting all requirements imposed in this chapter or other applicable ordinance shall be submitted not later than with the final plan application, and that such plan shall thereafter be implemented in full accordance with the submitted stormwater management or grading plan and requirements of Chapter 116, Stormwater Management.
C.
Declaration of easements. Prior to release by the Township of an approved final plan for recording, the applicant shall make, execute, acknowledge and present to the Engineering Department a Declaration of Easement on that form adopted by resolution of the Board of Supervisors. Such Declaration of Easement shall grant to the Township and its employees and agents rights to enter upon the premises for the purpose of making such inspections as are required under this chapter and Chapter 116, Stormwater Management, and shall grant to the Township rights by easement to all portions of the premises shown on the plat as being easement areas, with such additional provisions as the Board of Supervisors may require.
(1)
The plan applicant shall be responsible for ensuring recordation
of the Declaration of Easement at the same time the approved final
plan is recorded, and for paying all recording fees required therefor.
(2)
The Declaration of Easement document, upon its recording, shall be
returned to the attention of the Solicitor, and shall be maintained
in the Engineering Department's files for the development.
D.
Developer's agreement. Any final approval by the Board of Supervisors
of a final development plan application and of a stormwater management
plan shall be subject to the requirement and condition that the developer
prior to recording of the final plan shall enter into a written developer's
agreement with the Township on a form approved by resolution adopted
by the Board of Supervisors. If a person or entity other than the
developer is named as obligated party on financial security tendered
to the Township, that person or entity shall join in the developer's
agreement. Such agreement shall set forth in detail the developer's
duties in proceeding with the development and constructing required
improvements, and shall include, but not be limited to the following:
(1)
The developer shall either complete all required improvements prior
to recording the approved final plan, or in the alternative, shall
post with the Township security in a form acceptable to the Township
for the developer's proper and timely completion of such improvements.
(2)
The developer shall proceed with the development in full compliance
with all provisions of applicable law, ordinances and regulations,
with all specifications established in this chapter and with all conditions
imposed upon the plan's approval.
(3)
The developer shall offer for dedication to the Township such improvements
as the Township pursuant to this or other applicable ordinance shall
require.
(4)
The developer, itself or through its successors and assigns, shall
assure the future maintenance and operation of improvements not dedicated
to or accepted by the Township.
(5)
No amendment or modification of the approved final plan shall be
effected, directly or indirectly, without the approval by the Board
of Supervisors of an amended or modified plan, which amended or modified
plan shall thereafter be recorded by the developer.
(6)
The developer shall not assign duties imposed on the developer under
this chapter or other applicable laws, ordinances and regulations
to any third party without the prior consent of the Township, and
any assignment allowed by the Township shall not excuse the developer
from the obligations.
(7)
The developer shall pay to the Township such deposits as the Township
requires to assure adequacy of funds to pay fees for reviews, inspections,
certifications and other services of the Township and its agents in
connection with the development.
(8)
Prior to approval by the Board of Supervisors of a stormwater management
plan and release of a final plan for recording, the developer shall
enter into a Stormwater Maintenance Agreement and deliver to the Township
a Declaration of Easement, which developer shall record with the plan.
(9)
In the event of any default or breach by the developer of obligations,
the developer shall pay all attorneys' fees, costs and other
expenses incurred by the Township in securing completion of improvements.
E.
Completion of improvements or posting of security for completion.
Completion by the developer of all improvements shown upon a final
plan application shall be an express condition of any final plan approval
without being stated at the time of approval. The Supervisors shall
not sign any final plan nor shall the Township release for recording
any approved final plan unless the developer shall first have either
completed all required improvements in accordance with Township specifications
and the Township shall have accepted the same, or, in lieu of such
completion, the developer has tendered to the Township within 90 days
after final plan approval adequate financial security for completion
of such improvements.
(1)
Action by developer. Any final plan approval shall expire and be
deemed to be revoked if the financial security agreement is not executed
and delivered to the Township within 90 days, unless a written request
for extension is submitted by the developer and approved by the Board
of Supervisors within 90 days after the date of the final plan approval.
The Board of Supervisors shall not unreasonably withhold approval
of a reasonable request for extension.
(2)
Purpose of financial security. Such security shall provide for and
secure to the public the completion of all improvements which may
be required on or before the date fixed in this chapter and/or the
developer's agreement for completion thereof.
(3)
Amount. In lieu of completion of all improvements required as a condition
of the final plan approval, the Township shall require an improvement
security in an amount equal to 110% of the cost of completion of improvements
estimated as of 90 days following the date scheduled for completion
by the developer.
(4)
Effect of improvement security tendered to others. In calculating
the estimated cost of required improvements, costs of construction
of water or sanitary sewer lines and facilities under separate agreements
with a municipal authority and properly secured under agreements between
the developer and such authority(ies) shall not be included in the
security to be given the Township, so long as the developer submits
to the Township with the final plan application evidence of the posting
with such authority(ies) of security for completion of improvements
required thereunder, which assures that said authority(ies) will effect
completion of the specified improvements should the developer fail
to do so and assures notice to the Township prior to any release of
the security.
(5)
Determination of amount. The amount of financial security required shall be based upon a written estimate of the cost of completion of the required improvements as defined in Subsection E(3), prepared and certified by an Engineer to be a fair and reasonable estimate of such cost. The Township, upon recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown.
(6)
Resolution of disputes regarding amount. If the applicant and the
Township are unable to agree upon an estimate, then the estimate shall
be recalculated and recertified by another engineer chosen mutually
by the Township and the applicant. The third engineer's certified
estimate shall be presumed fair and reasonable and shall be the final
estimate. Where a third engineer is so chosen, said engineer's
fees for services shall be paid equally by the Township and the applicant.
(7)
Adjustment to amount. Annually, the Township may adjust the amount
of the improvement security by comparing the actual cost of the improvements
which have been completed and the estimated cost for 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 such adjustment, the Township may
require the developer to post additional security in order that the
financial security equals said 110%. Any additional security shall
be posted by the developer in accordance with this subsection. If
the party posting the improvement security requires more than one
year from the date of posting the security to complete the required
improvements, the amount of improvement security may be increased
by an additional 10% for each one-year period beyond the first anniversary
date from posting of the security or to an amount not exceeding 110%
of the cost of completing the required improvements as established
on or about the expiration of the preceding one-year period by using
the above procedure.
(8)
Accepted security. Financial security for completion of required
improvements shall be deemed to include any of the following:
(a)
An irrevocable letter of credit establishing a line of credit
issued by a federal- or commonwealth-chartered lending institution;
(b)
A cash deposit placed with the Township Treasurer and held in
a dedicated escrow account; or
(c)
A cash escrow fund placed in a federal- or commonwealth-chartered
lending institution in the name of the Township with respect to the
development.
(9)
Form and terms of security. The Board of Supervisors by resolution
shall have authority to adopt forms and terms required of all acceptable
financial security. Any such security must be on a form acceptable
to the Township and must include the minimum following provisions:
(a)
That the security is issued and given to assure completion of
all improvements required in the specified development by the time
fixed for completion of the same and under the approved plan and agreements
with the Township;
(b)
That the security is irrevocable and shall be automatically
renewed, if applicable, until such improvements are timely completed
or the Township makes demand for payment thereon;
(c)
That if the developer fails to complete construction of required
improvements for the development by the date set forth for completion
thereof in this chapter and the developer's agreement, Millcreek
Township, at its sole election, shall have authority to draw upon
and obtain the entire balance or any portion of said security deemed
by it to be necessary to complete construction of said improvements;
(d)
That if the issuer of the financial security desires not to
renew the issued security, it shall give to the Township Treasurer
not less than 30 days' prior written notice of such intention;
(e)
That upon receipt of any notice of an intention not to renew
a security where required improvements have not yet been completed,
the Township, at its election, shall have the right to draw upon and
obtain the entire balance of said security to assure completion of
such improvements, which sums shall promptly and without claim or
defense be paid over to the Township.
(10)
Township rights and developer's obligations. In addition
to the foregoing provisions, where the applicant elects to tender
financial security for completion and structural integrity of required
improvements, such financial security shall be subject to the following
rights of Millcreek Township and obligations of the applicant:
(a)
The applicant's failure to maintain in full effect all
financial security as required under this chapter, the developer's
agreement and/or the financial security agreement shall constitute
a material violation and breach thereof.
(b)
All financial security or additional security required by the
Township in accordance with this section shall be posted by the applicant
within 30 days after the date of Township's written notice therefor.
(c)
If the developer fails to fully and timely complete required
improvements by the time fixed for completion, the Township, upon
adoption by the Board of Supervisors of a resolution to that effect
and written certification to the party holding the security, shall
be entitled to draw upon and obtain up to the full amount of the security,
which sums shall then be promptly paid over to the Township without
claim or defense.
(d)
In the event the Township exercises its rights to utilize the
security to effect completion of required improvements, the Township
shall be entitled to pay therefrom all engineering and attorneys'
fees, advertising costs and other expenses incurred by it in effecting
such payment and completion.
(e)
Where a development is projected over a period of years, the
Board of Supervisors may authorize submission of final plats by sections
or stages of development subject to such requirements or guarantees
as to improvements in future sections or stages as it finds essential
for the protection of any finally approved section of the development.
(f)
The Board of Supervisors, prior to final release at the time
of completion and certification by the Township Engineer, shall require
retention of 10% of the estimated cost of the aforesaid improvements
as originally established and adjusted.
(11)
Partial release of security. As the work of installing the required
improvements proceeds, the developer, from time to time, may request
that the Board of Supervisors release or authorize the partial release
of the financial security in an amount necessary for payment to the
contractor(s) performing such work. Any such request shall be in writing
and shall be addressed to the Board of Supervisors with a copy provided
to the Township Engineer. The Board of Supervisors shall have 45 days
from its receipt of such request to allow the Township Engineer to
certify, in writing, whether such portion of the construction of required
improvements has been completed in accordance with the requirements
of this chapter and the approved final plan to authorize a partial
release of the financial security.
(a)
Upon such certification by the Township Engineer, the Board
of Supervisors shall authorize release of such amount as is estimated
by the Township Engineer which fairly represents the value of improvements
completed and which preserves security in a sum equal to 110% of the
current estimated cost of constructing required improvements yet to
be completed or, should such sum be greater, 10% of the original amount
of the financial security.
(b)
If the Board of Supervisors fails to act within 45 days upon a written request for reduction or release of security, it shall be deemed to have approved the request; provided, that a minimum of 10% of the estimated cost of required improvements shall in all cases be retained as security in accordance with § 125-36E(10)(f).
(12)
Approval of required improvements; final release of improvement
security.
(a)
When the developer has completed all required improvements in
the plan for which the financial security for improvements is required,
the developer shall notify the Township, in writing, by certified
mail, and shall send a copy of such notice to the Township Engineer.
Upon completion of the public improvements in a plan, as-built plans
and profiles of the public improvements, as constructed, shall be
submitted to the Township with the developer's notice of completion.
(b)
Within 10 days after its receipt of such notification and as-built
plans and profiles for constructed public improvements, the Township
shall authorize the Township Engineer to inspect the said improvements.
(c)
Upon authorization by the Township, the Township Engineer shall
perform a final inspection of public and private improvements required
in the plan. Within 30 days after receiving authorization from the
Board of Supervisors, the Township Engineer shall file a written report
with the Supervisors. Such report shall advise whether all of the
required improvements have been completed; whether all such improvements
have been constructed in accordance with the plan and applicable standards
and whether said improvements should be approved. If the Township
Engineer's report recommends rejection of any improvement, this
report shall include a statement of reasons for such rejection.
(d)
Within 15 days after receipt of the Township Engineer's
report, the Township, in writing, shall notify the developer of the
action of the Board of Supervisors with relation to approval or rejection
of the required improvements for which financial or improvement security
has been required.
(e)
If the Board of Supervisors or the Township Engineer fails to comply with the time limitation provisions contained in this subsection, all required improvements will be deemed to have been approved and the developer shall be released from all liability pursuant to the improvement security tendered to the Township; provided, that this subsection shall not extend to the maintenance security to ensure structural integrity of completed improvements required under § 125-36E(13).
(f)
If any portion of the required improvements shall not be approved
or shall be rejected by the Board of Supervisors, the developer shall
proceed to make the required corrections or additions and, upon completion,
the same procedure of notification, inspection and approval as outlined
above in this subsection shall be followed.
(g)
Nothing in this subsection shall be construed to limit the developer's
rights to contest or question, by legal proceedings or otherwise,
any determination of the Board of Supervisors or the Township Engineer.
(13)
Maintenance security. Where the Board of Supervisors accepts
dedication of all or some of the public improvements following their
completion, the Board shall require the posting of financial security
to assure structural integrity of said improvements as well as the
functioning of said improvements in accordance with the design and
specifications as depicted on the final plat or accompanying documents
for a term of 18 months from the date of acceptance of the improvement(s)
by the Board of Supervisors.
(a)
The term of the maintenance security shall be for a period of
18 months from the date of acceptance of the improvements by the Board
of Supervisors. The amount of the maintenance security shall be 15%
of the actual cost of construction and installation of the improvements.
(c)
Security for the structural integrity may be effected through
reduction in the developer's existing security to the amount
specified, or by tender of a new security in such sum and acceptable
to the Township.
(d)
The Board of Supervisors shall not accept dedication of any
improvements unless the developer shall first have tendered with the
Township the security required in this subsection for their structural
integrity and functioning.
(14)
Effect of tendering security. If financial security has been
provided in lieu of the completion of required improvements as set
forth in this section, the Township shall not condition the issuance
of building, grading or other permits relating to the erection or
placement of improvements, including buildings, upon the lots or land
as depicted upon the final plan upon actual completion of the improvements
depicted upon the approved final plan; provided, however, that the
Township shall not issue a building permit until stormwater facilities
and/or grading upon the land subject to the application have been
completed and certified as being complete and in accordance with the
stormwater management plan and applicable laws and regulations.
(15)
Acceptance of public improvements. Upon completion and approval of the public improvements, the developer, in writing, shall submit a request to the Board of Supervisors to accept the dedication of the public improvements. The request for acceptance shall include deeds of dedication and all other legal descriptive documents necessary to prepare a resolution or ordinance and shall be submitted at least 10 days prior to the regular meeting of the Board of Supervisors at which action on the developer's request is to be taken. At the regular meeting, the Board of Supervisors shall enact a resolution or ordinance accepting the public improvements as part of the Township's public facilities, subject to the posting of the maintenance security as required by § 125-36E(13). No property or public improvement shown on a final plan shall be considered to have been finally accepted by the Township until the dedication thereof has been officially accepted by adoption of a resolution or ordinance of the Township. Approval of public improvements under § 125-36E(12) shall not constitute their acceptance under this subsection.
(16)
Approval of private improvements. Approval of private improvements
for which financial security has been required shall indicate compliance
with the specifications shown on the approved plan and shall authorize
transfer by the developer of such improvements to a property owners'
association, if applicable, but shall not constitute approval by the
Township of their method of construction or structural integrity.
(17)
Final inspection of public improvements. Prior to the end of
the eighteen-month period when the maintenance security expires and
before the maintenance security is released, the Township Engineer
shall make a final inspection and certify in writing to the Board
of Supervisors that all the public improvements are in good order.
If any repairs or maintenance should be needed, the developer shall
be notified in writing, and such repairs or maintenance shall be completed
prior to certification by the Township Engineer and release of the
maintenance security.
(18)
Remedies to effect completion of improvements. In the event
that the public and private improvements required to be constructed
and installed by the provisions of this chapter are not constructed
and/or installed in accordance with the requirements of this chapter
and of other applicable ordinances or the final plan prior to the
expiration of the improvement security or by the deadline established
by the Township for their completion, the Township shall have the
power to enforce the improvement security by appropriate legal and
equitable remedies provided by the laws of the Commonwealth of Pennsylvania.
(a)
If proceeds from the improvement security are insufficient to
pay the cost of installing or making repairs or corrections to all
the improvements guaranteed by such security, the Township, at its
option, may install part of the public improvements in all or part
of the development and may institute appropriate legal or equitable
actions to recover the monies necessary to complete the remainder
of the improvements.
(b)
All of the proceeds, whether resulting from the improvement
security or from any action brought against the developer, or both,
shall be used solely for the installation of the improvements and
for payment of costs and expenses associated therewith as guaranteed
by the improvement security, and not for any other municipal purpose.
F.
Covenants running with land. If the plan as submitted and approved
includes covenants which are intended to run with the land and bind
subsequent owners of the premises or inure to the benefit of the Township
or others (including, but not limited to grant of easements, prohibitions
against future subdivision or development, etc.), such covenants shall
be set forth upon the plan or, at the election of the Board of Supervisors,
in another writing to be recorded in such substance and form as is
determined by the Board of Supervisors after recommendation by the
Solicitor.
(1)
No such covenants or restrictions or any elected to be declared by
the developer shall be recorded prior to review and approval thereof
by the Township Solicitor.
(2)
Where the Township, upon request by the developer, authorizes delegation
of driveway and/or sidewalk construction responsibilities to a lot
or unit purchaser, such covenants and any agreements with buyers shall
include the language regarding driveways and sidewalks as set forth
on Appendix A.[1]
[1]
Editor's Note: Appendix A is on file in the Township offices.
(4)
The applicant shall record all such covenants and be responsible
for the costs thereof, such recorded documents to be returned to the
Township.
(5)
If a plan has been approved in reliance upon one or more covenants
granted by the applicant, said covenants shall not in the future be
rescinded, revoked or modified unless the Board of Supervisors shall
find that such covenant(s) no longer serves any proper or lawful purpose
whatsoever.
G.
Planned communities and condominiums. Where a plan as approved by
the Board of Supervisors calls for one or the developer otherwise
elects to create a planned community or condominium under Pennsylvania
law, the developer shall be responsible, at the developer's cost,
to establish an association as a nonprofit corporation or otherwise
authorized entity and to declare a planned community or condominium
as required by the applicable Pennsylvania law, subject to requirements
of the Township as established by resolution of the Board of Supervisors,
including those in Appendix B.[3]
(1)
The Township will allow a developer to assign to a condominium, property
owners' or like association ownership and/or maintenance of required
improvements not accepted as public improvements only where the developer
ensures that such association is properly established, will be formed,
organized and financed so as to meet its obligations in perpetuity,
that all owners of lots or units, prior to purchasing the same, are
advised of such obligations, that obligations of such association
shall devolve to the lot or unit owners should the association dissolve
or fail to perform its obligations and that insurance is maintained
protecting required facilities from casualty and other loss with the
Township to be protected and deemed an additional insured as to any
controlled facilities as defined in the Uniform Planned Community
Act.[4] The Board of Supervisors shall have authority to adopt
such regulations as are necessary to meet these requirements.
[4]
Editor's Note: See 68 Pa.C.S.A. § 5101 et seq.
(2)
Prior to release of a final approved plan for recording, the developer
shall provide to the Solicitor for review the filed Articles of Incorporation
or equivalent registration and copies of the proposed declaration,
plat, bylaws, any intended restrictions, a copy of language to be
set forth in articles of agreement for lots or units and, if applicable,
the proposed public offering statement.
(3)
The Solicitor shall not approve proposed documents unless they meet
requirements of Pennsylvania law and those as set forth in Appendix
B.[5] Proposed documents which conflict with conditions imposed
on a plan's approval or with agreements between the developer
and the Township shall not be approved.
[5]
Editor's Note: Appendix B is on file in the Township offices.
(4)
Upon the Solicitor's determination that proposed documents are
in compliance with applicable laws and agreements, the Solicitor shall
so advise the Engineering Department.
(5)
The developer shall provide to the Solicitor, within 30 days after
the developer's receipt thereof, copies of the declaration, planned
community or condominium plat, restrictions and other recorded documents,
and of the bylaws as approved.
[3]
Editor's Note: Appendix B is on file in the Township offices.
H.
Recording of final plan. Within 90 days after approval and the signing
by the Supervisors of the final development plan or any amendment
to a final plan, whichever last occurs, the original development plan
tracing or Mylar shall be recorded by the developer in the office
of the Erie County Recorder of Deeds at the developer's cost,
and subject to the following:
(1)
No lots shall be contracted for sale or sold, nor shall construction
of any buildings be commenced prior to recording of the final plan
and delivery to the Township of three copies of the approved and recorded
plan.
(2)
The developer shall deliver to the Township Engineer within 30 days
after recording the original Mylar of the approved and recorded plan,
reflecting its date of recording and assigned map number reference.
The developer or an authorized agent of the developer having
knowledge of the application sufficient to discuss its substance and
questions relating to it shall be present at all meetings of the Planning
Commission and should attend meetings of the Board of Supervisors
at which the plan application is to be considered.
A.
Should a developer fail to attend or send a knowledgeable and authorized
agent to the meeting of the Planning Commission at which the development
plan application is first scheduled for consideration, the Planning
Commission, without further proceedings, shall recommend denial of
the application on the ground of the developer's failure to attend
or participate as required. In such event, the Board of Supervisors
shall deny the application on the ground of the developer's failure
to comply with this section; provided, that if the developer provides
written notice prior to the Planning Commission's meeting that
a representative cannot attend or, following that meeting, provides
in writing good cause for the failure, the application will be tabled
or referred to the next meeting of the Planning Commission, which
shall be deemed the first meeting at which the application is reviewed.
B.
If the developer or an authorized agent of the developer has attended
the meeting of the Planning Commission at which the application was
considered, failure of the developer or an authorized agent of the
developer to attend the meeting of the Board of Supervisors at which
the application is considered by the Board shall not preclude the
Board from taking action on the application, but the Board, in its
discretion, may table the application to a later meeting if it should
desire information from the developer.
Regulations in this chapter constitute the minimum standards
for protection of the health, safety and general welfare of the Township
required for development and are intended to ensure consistent application
of Township regulation of development. The Board of Supervisors is
authorized to modify or extend these regulations as it deems necessary
or appropriate in the public interest. Any request for variance or
modification from these regulations shall be submitted by the developer
in writing with the development plan application, together with a
statement of the reasons for the request. Requests for variance and/or
modification shall be determined within the decision on the plan application.
The burden of establishing proper cause for a variance or a modification
shall be on the applicant.
A.
Variances. Variance from mandatory design standards and other regulations
upon development shall not be granted unless the applicant establishes
to the satisfaction of the Board of Supervisors that:
(1)
As a consequence of a physical condition or circumstance which is
unique to the subject property and not a consequence of the general
application of regulations, the land cannot be developed in strict
compliance with general regulations;
(2)
The hardship complained of results from the unique physical condition
or circumstance and not from the general regulations or any act, omission
or desire of applicant;
(3)
The relief requested is the minimum required to enable reasonable
development of the land and alleviate the hardship; and
(4)
The relief, if granted, would not have an adverse effect upon the
health, welfare or safety of the Township or any portion thereof and
would not result in inconsistent application of regulations upon development
of land.
B.
Modifications.
(1)
Where modifications from regulations are expressly authorized in
this chapter, the Planning Commission and Board of Supervisors shall
consider such requests in accordance with standards there established.
(2)
As encouraging flexibility and ingenuity of design and development
is an expressed planning objective in this chapter, the Board of Supervisors
may consider and grant modifications from regulations in this chapter,
after a consideration of the application and all pertinent factors,
including but not limited to the following:
(a)
Existence of physical conditions or circumstances pertaining
to the land involved in the proposed development as they may warrant
modification of general regulations;
(b)
General and specific planning objectives as they may be served
or hindered by the request;
(c)
Potential savings in developmental and future acquisition costs
resulting from the request;
(d)
Benefits to the proposed development, the Township or any portion
of the Township resulting should the request be allowed;
(e)
Features, additions or other benefits offered by the applicant
in connection with the request;
(f)
Whether the request is consistent with Township application
of development regulations;
(g)
Present and foreseeable uses, development, streets and other
improvements within and in the general vicinity of the land;
(h)
Zoning uses and density of the proposed development and adjacent
lands.
