[Amended 8-8-1978 by Ord.
No. 59]
A.
Purpose.
(1)
The purpose of the sketch plan is to afford the applicant the opportunity
to consult early and informally with the Planning Commission before
preparation of the preliminary plan and formal application.
(2)
Submission of the sketch plan shall not be required and shall be
considered to be an informal and unofficial stage, and shall not commence
the running of any review time period pursuant to § 508
of the Pennsylvania Municipalities Planning Code, being Act No. 247
of 1968, as amended.[1] All discussions and recommendations are for the benefit
of the applicant and are not binding on any party.
[1]
Editor's Note: See 53 P.S. § 10508.
(3)
A sketch plan shall primarily serve to informally review the general
lot layout and density and to informally express views and ideas.
B.
Procedure (recommended only).
(1)
The applicant shall submit five copies of the sketch plan and application
form (no fees required) at least one week prior to a regularly scheduled
meeting.
(2)
The Township Secretary shall immediately distribute copies of the
sketch plan and application to the following persons, as follows:
(3)
Within no specific time period, the Planning Commission shall review
the plan and consider any recommendations and comments of the County
Planning Commission and the Board of Supervisors.
(4)
As promptly as possible, but within no specific time period, the
Planning Commission, or its agent, shall advise the applicant of the
result of its review and any recommendations it deems appropriate.
[Amended 8-8-1978 by Ord.
No. 59; 8-16-1989 by Ord. No. 150; 12-20-2006 by Ord. No. 271-1]
A.
Purpose. The purpose of the preliminary plan is to require formal
conditional approval in order to minimize changes and revisions before
final plans.
B.
Submission generally. A preliminary plan shall be submitted, including
changes recommended during the sketch plan procedure, if desired.
The preliminary plan and all information and procedures relating thereto
shall in all respects be in compliance with all applicable ordinances
and regulations. Submission of a preliminary plan is required for
all major subdivisions and land development.
C.
Procedure.
(1)
The applicant shall submit the number of preliminary plans, applications
and other required materials as may be set by resolution of the Board
of Supervisors from time to time to the Township Secretary at the
Township Building. One set of plans shall be reproducible (sepia).
(2)
The Township Secretary shall check submission for completeness and,
if submission is incomplete, shall immediately return all submissions
to the applicant and indicate the deficiencies. If the submission
is complete, he shall accept the application plan and other required
materials. This procedural step shall be considered to be only a convenience
for the applicant, and no acceptance by the Township Secretary of
submission shall be binding upon the Township.
(3)
When the applicant is requesting a modification to a provision or provisions of this Part, a written request shall accompany the plan submission. The request shall cite the section(s) of this Part to be modified, the extent of modification and reasons for the modification. Refer to § 22-206, Modifications.
(4)
Upon receipt of the preliminary plans, applications, other required
materials and the required fees, the Township Secretary shall immediately
distribute copies of the preliminary plan, application and required
materials to:
(a)
The County Planning Commission.
(b)
The County Soil and Water Conservation District.
(c)
The Pennsylvania Department of Transportation.
(d)
Any other applicable state or county agencies.
(e)
The Board of Supervisors.
(f)
The Planning Commission.
(g)
The Township Engineer.
(h)
The Township Zoning Officer.
(i)
The Township Solicitor.
(j)
One copy shall be retained for Township files.
(6)
The Planning Commission shall schedule a hearing on the proposed
preliminary plan at a regularly scheduled meeting or a special meeting
called for that purpose following the applicant's submission of a
completed application. Notification of the time and place of all such
hearings shall be given to the applicant by mail at the address endorsed
on the application form. Notice of the time and place of all such
hearings may be given by publishing the same in a newspaper of general
circulation without the Township at least five days prior to the date
of the hearing if such hearing is held at a special meeting.
(7)
The conduct of such hearing shall be as follows:
(a)
Burdens. The applicant shall produce all documents, plans and
witnesses and shall have the burden of establishing that the plan
meets all required standards and specifications.
(b)
Representation. The applicant shall have the right to be represented
by counsel or other agent and shall be afforded the opportunity to
respond and present evidence and cross-examine adverse witnesses on
all relevant issues.
(c)
Rules of evidence. Formal rules of evidence shall not apply,
but irrelevant, immaterial or unduly repetitious evidence may be excluded.
(8)
The applicant may request a further hearing before the Commission
to respond to questions raised by the Commission in its report and
to respond to the recommendations of the Commission. The Commission
may in its discretion grant a further hearing, but only after the
applicant has signed a waiver of the maximum ninety-day review period.
(9)
The report and recommendations of the Commission shall be filed with
the Board of Supervisors. The Board shall consider the preliminary
plan at any regularly scheduled meeting of the Board or at a special
meeting called for that purpose.
(10)
The Board shall not take additional evidence or make a further
record except on a specific motion of the Board. The applicant shall
have no right to make a further record before the Board.
(11)
The Board of Supervisors shall render a final decision on the
approval or disapproval of the preliminary plan based on the report
and the recommendations of the Commission and such other evidence
as the Board, in its discretion, considers. As promptly as possible,
but within the time limit requirements provided in § 508
of the Pennsylvania Municipalities Planning Code, being Act No. 247
of 1968, as amended,[1] the Board or its agent shall advise the applicant in writing
of the results of the review and decision and, if the submission is
disapproved, the reason therefor.
[1]
Editor's Note: See 53 P.S. § 10508.
(12)
The Board may require such alterations, changes or modifications
in any preliminary plan submitted to it as it deems necessary to carry
out the purposes of this chapter, and may refuse its approval until
all such alterations, changes or modifications in the plan have been
made. The Board shall disapprove any preliminary plan requiring alterations,
changes or modifications unless the applicant signs a waiver of the
ninety-day maximum review period. Upon execution of such a waiver,
the applicant may resubmit the preliminary plan with the required
alterations, changes or modifications to the Board of review.
(14)
A decision rendered by the Board on a preliminary plan shall
become void unless the applicant submits a final plan for approval
within 90 days of the decision. If a decision becomes void, the applicant
shall be required to submit a new preliminary plan and a new ninety-day
review period shall be applicable.
(15)
If the Board, in its discretion, deems it desirable or necessary,
the Board may eliminate all reviews by the Commission and may undertake
such reviews and procedures itself at any stage of the proceedings.
(16)
Upon submission of a subdivision plan, land development plan,
or zoning application, the subject of which will ultimately be a land
development, for a parcel of land upon which there is a pending subdivision
plan, land development plan, or zoning application pending before
the Township, the new plan shall be reviewed for inconsistency with
the existing pending plan. Upon a finding by the Township that a new
plan is an inconsistent plan, the inconsistency shall be grounds for
denial of all previous plans or zoning applications for the same parcel
of land.
[Amended 8-15-2007 by Ord. No. 278]
(17)
Any preliminary plan filed with the Township which has not been
revised within six months from the date of the last Township Engineer's
review letter shall be deemed inactive and may be denied for failure
to promptly process the plan in accordance with Township ordinances.
[Amended 8-15-2007 by Ord. No. 278]
[Amended 8-8-1978 by Ord.
No. 59; 8-16-1989 by Ord. No. 150; 2-7-1996 by Ord. No. 189; 12-20-2006 by Ord. No. 271-1]
A.
Purpose. The purpose of the final plan is to require formal approval
by the Board of Supervisors before plans for any subdivision or land
development are recorded.
B.
Submission generally. A final plan shall be submitted conforming
to the changes recommended during the preliminary plan procedure.
The final plan and all information and procedures relating thereto
shall in all respects be in compliance with the provisions of these
subdivision regulations and all existing subdivision and land development
ordinances. Any final plan submitted without the inclusion of recommendations
made by the Board on the preliminary plan shall be considered to be
a new submission of a second preliminary plan.
C.
Procedure.
(1)
The applicant shall submit the number of final plans, applications
and other required materials as may be set by resolution of the Board
from time to time to the Township Secretary at the Township Building.
One set of plans shall be reproducible (sepia).
(2)
The Township Secretary shall check submission for completeness and,
if submission is incomplete, shall immediately return all submissions
to the applicant and indicate the deficiencies. If the submission
is complete, he shall accept the application plan and other required
materials. This procedural step shall be considered to be only a convenience
for the applicant and no acceptance by the Township Secretary of submission
shall be binding upon the Township.
(3)
Upon receipt of the final plans, applications, other required materials
and the required fees, the Township Secretary shall immediately distribute
copies of the final plan, application and required materials to:
(a)
The County Planning Commission.
(b)
The County Soil and Water Conservation District.
(c)
The Pennsylvania Department of Transportation.
(d)
Any other applicable state or county agencies.
(e)
The Board of Supervisors.
(f)
The Planning Commission.
(g)
The Township Engineer.
(h)
The Township Zoning Officer.
(i)
The Township Solicitor.
(j)
One copy shall be retained for Township files.
(5)
No further hearings shall be held unless required by the Board or the Commission. If a hearing is required, the procedures for scheduling a hearing on the final plan, notice of the hearing, conduct of the hearing, and the decision on the final plan shall conform to the provisions of § 22-702C.
(6)
If no hearing is held pursuant to Subsection C(5) hereof, at a regular meeting or special meeting, the Planning Commission shall:
(a)
Review the applicant's submission.
(b)
Review all reports of state and county agencies.
(c)
Review the report of the Township Engineer.
(d)
Evaluate applicant's submission, the Township Engineer's report
and the reports of all state and county agencies.
(e)
Determine whether the final plan meets the objective and requirements
of these regulations and all other Township ordinances.
(f)
Prepare a report for use by the Board.
(g)
Submit its report and recommendations to the Board.
(7)
Following receipt of the Commission's report and recommendation,
the Board shall consider the applicant's submission at any regularly
scheduled or special meeting. The Board shall:
(a)
Evaluate applicant's submission, the Township Engineer's report
and the reports of all state and county agencies.
(b)
Determine whether the final plan meets the objectives and requirements
of these regulations and all other Township ordinances.
(c)
Inform the applicant in writing of the final decision and reasons
therefor.
(8)
If the Board approves the final plan, an approved duplicate copy
of each final subdivision or land development plan shall be recorded
by the developer in the office of the County Recorder of Deeds. Proof
of such filing shall be submitted to the Township before any permits
are issued for the plan.
(9)
After a subdivision plan has been officially recorded, the streets,
parks and other public improvements shown thereon shall be considered
to be a part of the official plan of the Township.
(10)
Every street, park or other improvement shown on a subdivision
plan that has been recorded shall be deemed to be a private street,
park or improvement unless the same has been accepted for dedication
to the Township, or until such time as it has been condemned for use
as a public street, park or other improvement.
(11)
Approved final subdivision plans containing parcels of land
composed of contiguous lots having areas, widths and/or depths less
than those required by the Zoning Ordinance[1] shall, at the expiration of three years from the date
of final subdivision plan approval, be resubdivided, or such contiguous
lots combined, to conform to the area, width and/or depth regulations
of the applicable provisions of the Zoning Ordinance.
[1]
Editor's Note: The Joint Municipal Zoning Ordinance is on
file in the Township offices and is accessible via the Township website.
(12)
If the Board, in its discretion, deems it desirable or necessary,
the Board may eliminate all reviews by the Commission and may undertake
such reviews and procedures itself at any stage of the proceedings.
(14)
At the request of the applicant, the Township shall furnish
the applicant with a signed copy of a resolution indicating approval
of the applicant's final plan contingent upon the applicant obtaining
a satisfactory financial security. The final plan will not be signed
by the Board of Supervisors until a satisfactory financial security
is presented. The resolution 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.
(15)
Upon submission of a new subdivision plan, land development
plan, or zoning application, the subject of which will ultimately
be a land development, for a parcel of land upon which there is a
pending subdivision plan, land development plan, or zoning application
pending before the Township, the new plan shall be reviewed for inconsistency
with the existing pending plan. Upon a finding by the Township that
a new plan is an inconsistent plan, the inconsistency shall be grounds
for denial of all previous plans or zoning applications for the same
parcel of land.
[Amended 8-15-2007 by Ord. No. 278]
(16)
Any final plan filed with the Township which has not been revised
within six months from the date of the last Township Engineer's review
letter shall be deemed inactive and may be denied for failure to promptly
process the plan in accordance with Township ordinances.
[Amended 8-15-2007 by Ord. No. 278]
[Amended 8-8-1978 by Ord.
No. 59; 10-17-1984 by Ord. No. 110; 1-20-1988 by Ord. No. 136; 8-16-1989 by Ord. No. 150; 2-7-1996 by Ord. No. 189]
A.
Purpose. In the case of minor subdivision, it is the purpose of this
Part to provide a simplified procedure by which minor subdivisions
may be submitted and approved.
B.
Generally.
(1)
Minor subdivision plans may be submitted for a single lot, tract or parcel of land, not previously subdivided as an exempt ten-acre subdivision or as a large lot subdivision pursuant to § 22-708 of this Part to divide the lot, tracts or parcels of land without the necessity of full compliance with the final plan requirements of these regulations; provided, that there are created no new public improvements such as streets, sanitary sewers, community sewage disposal systems or storm drainage facilities.
C.
Applicability. The provisions of this Part on minor subdivisions
shall be applicable, provided that the Board determines that all the
following conditions have been met:
(1)
The proposed lots have adequate frontage on or adequate access to
an existing road, and no new public or private street will be required.
(2)
The owner shall comply with Part 5 when construction of any drainage
facility, sewer facility or other public improvement or facility is
required or provide such access and street openings, as the Township
Engineer recommends and the Board deems necessary in order to carry
out the purposes of these regulations.
(3)
If approval of the proposed subdivision is granted, but such subdivision
is inconsistent with or does not conform to the Zoning Ordinance[1] or if the proposed subdivision impedes development of
the owner's other grounds, approval of the proposed subdivision shall
be granted, subject to the condition that restrictions or agreements
limiting subdivision of the lots in question or prohibiting or limiting
subdivision of the owner's remaining ground are recorded by the Board,
or its duly authorized agent, in the office of the County Recorder
of Deeds.
[1]
Editor's Note: The Joint Municipal Zoning Ordinance is on
file in the Township offices and is accessible via the Township website.
D.
Procedure.
(1)
The applicant shall submit the number of final plans, applications
and other required materials may be set by resolution of the Board
from time to time to the Township Secretary at the Township Building.
One set of plans shall be reproducible (sepia).
(2)
The Township Secretary shall check each submission for completeness,
and if the submission is incomplete, he shall immediately return all
submissions to the applicant and indicate the deficiencies. If the
submission is complete, he shall accept the application plan and the
required materials. This procedural step shall be considered to be
only a convenience for the applicant, and no acceptance by the Township
Secretary of submission shall be binding upon the Township.
(3)
When the applicant is requesting a modification to a provisions or provisions of this Part, a written request shall accompany the plan submission. The request shall cite the section(s) of this chapter to be modified, the extent of modification and the reasons for the modification. Refer to § 22-206, Modifications.
(4)
Upon receipt of the final plans, applications, other required materials
and the required fees, the Township Secretary shall immediately distribute
copies of the final plan, application and required materials to:
(a)
The County Planning Commission.
(b)
The Soil and Water Conservation District.
(c)
The Pennsylvania Department of Transportation.
(d)
Any other applicable state or county agencies.
(e)
The Board of Supervisors.
(f)
The Planning Commission.
(g)
The Township Engineer.
(h)
The Township Zoning Officer.
(i)
The Township Solicitor.
(j)
One copy shall be retained for Township files.
(6)
The Planning Commission shall schedule an informal conference with
the applicant at a regular meeting or at a special meeting called
for that purpose. Notice of the conference shall be given to the applicant
in writing or orally.
(8)
The applicant shall have no right to a formal hearing on any minor
subdivision plan. If the applicant desires such a formal hearing,
then the subdivision shall not be considered a minor subdivision and
the applicant shall be required to meet all the provisions of these
regulations pertaining to major subdivisions.
(9)
The Commission may render a decision on the plan at the conference,
or the Commission may render a decision on the plan at a time after
the conference. Upon rendering a decision, the Commission shall submit
a report on the conference and its recommendations concerning the
minor subdivision plan to the Board.
(10)
Following receipt of the Commission's report, the Board shall
do the following at a regularly scheduled meeting or at a special
meeting:
(11)
Within 90 days following the receipt by the Township Secretary
of the applicant's complete submission, the Board shall:
(a)
Evaluate applicant's submission, the Township Engineer's report
and the reports of all state and county agencies.
(b)
Determine whether the final plan meets the objectives and requirements
of this chapter and all other Township ordinances.
(c)
Inform the applicant in writing of the final decision and reasons
therefor.
(12)
(Reserved)
(14)
If the Board approves the final plan, an approved duplicate
copy of each final minor subdivision plan shall be recorded by the
developer in the office of the County Recorder of Deeds. Proof of
such filing shall be submitted to the Township before any permits
are issued for the plan.
(15)
If the Board, in its discretion, deems it desirable or necessary,
the Board may eliminate all reviews by the Commission and may undertake
such reviews and procedures itself at any stage of the proceedings.
A.
Purpose. The purpose of the "as-built" plan is to keep the Township
informed as to any deviations from the approved final plan during
the actual construction of improvements.
B.
Generally. As-built plans shall be adjustments to the approved final plan and shall be kept in the Township files. All such adjustments shall conform to § 22-805. Submission of an as-built plan is required for all subdivisions and land developments whenever there is a deviation from the approved final plan in the construction of improvements. The submission and filing of an as-built plan shall not be deemed to be an acceptance of any deviations by the Township.
C.
Procedure.
(1)
Notice of any and all deviations from the approved final plan during
construction of any improvement shall be filed with the Township Engineer
within 30 days after the completion of the improvement. Such notice
may be in any written form which is sufficient to advise the Township
Engineer which part or parts of the approved final plan have been
altered and the precise deviation from the approved final plan.
(2)
Prior to the acceptance by the Township of dedication of any streets, roads or other improvements, the applicant shall show all such changes and deviations from the approved final plan kept in the Township files. All such adjustments to the approved final plan shall be made by the applicant, and shall conform to the requirements of § 22-805.
[Amended 3-7-1990 by Ord.
No. 155]
A.
Upon completion of all improvements referred to in the improvement
agreement to the satisfaction of the Township, and compliance by the
developer with all other provisions of the improvement agreement,
and the payment of all costs or expenses incurred by the Township
for necessary inspection, engineering and legal fees, plus 10% of
the amount of said bills as aforesaid, the developer shall execute
and offer to the Township deeds of dedication in a form approved by
the Solicitor for the Township for all streets and other improvements,
if any, to be dedicated. All lands to be dedicated to the Township
shall be conveyed with good and marketable title and such as will
be insured by a reputable title insurance company reasonably satisfactory
to the Township. Said title insurance shall be obtained at the sole
cost and expense of the developer, and shall guarantee ownership of
the lands dedicated to the Township free and clear of all liens and
encumbrances, except those created by virtue of final plan approval.
The Township's title shall be protected from any action of mortgage
foreclosure and from any execution or judicial sale at no cost or
expense to the Township. All costs in connection with dedication and
acceptance of dedication are to be borne by the developer.
B.
The Township shall accept dedication and will release the balance
of the financial security being held by the Township upon:
(1)
The completion of all improvements referred to in the improvement
agreement which are to be dedicated for public use.
(2)
The receipt of a satisfactory title insurance policy.
(3)
The posting with the Township of financial security in the amount
of 15% of the actual cost of the improvements to be dedicated to guarantee
the structural integrity of the improvements, as well as the functioning
of the improvements in accordance with the design and specifications
as depicted on the final plan of the work performed by the developer
for a period of 18 months from acceptance of dedication of the improvements.
All work required to secure the structural integrity of the improvements
as well as the functioning of the improvements in accordance with
the design and specifications as depicted on the final plan are to
be commenced within 15 days from the time of notice from the Township
to do so, legal holidays and Sundays excepted (except in the case
of an emergency requiring immediate action), and upon default, the
Township may make such repairs and to anything necessary to maintain
such construction and recover the expense and cost thereof, upon the
submission of a bill or bills from the financial security.
C.
The Township may collect the financial security prior to the Township's
performance of the work based upon estimates received by the Township
from the Engineer for Township for the completion of the work. If
the cost incurred by the Township exceeds the amount of money received
by the Township from the financial security, then the developer shall
be liable to the Township for said exceeding costs and will pay the
same forthwith to the Township.
D.
If developer complies with all the terms of the improvement agreement,
then the Township shall, at the expiration of the eighteen-month guaranty
period as required by the improvement agreement, release and terminate
the financial security. However, in no event shall the financial security
be terminated without the express written consent of the Township.
[Amended 10-17-1984 by Ord. No. 110; 1-20-1988 by Ord. No. 136]
A.
Generally. The adjustment or relocation of one existing boundary
line between two adjacent lots or the shifting of boundary lines to
increase the ares of an existing lot is permitted; provided, that
the lot line change results in the same number or fewer lots as existed
prior to the lot line change. Such an adjustment or relocation shall
be permitted without the applicant complying with the provisions of
this chapter pertaining to major and minor subdivisions; provided,
that the following conditions are met:
(1)
Neither lot involved is reduced in size below the size permitted
by the Zoning Ordinance,[1] and the lots involved comply with all the applicable performance
regulations, area and dimensional regulations and environmental performance
standards set forth in the Zoning Ordinance.
[1]
Editor's Note: The Joint Municipal Zoning Ordinance is on
file in the Township offices and is accessible via the Township website.
(2)
The application is signed by the owners of record of both lots for
which the adjustment or relocation of the boundary line is proposed.
If any of the preceding conditions is not met, then the proposed
lot line change shall be considered a subdivision or land development
and shall be subject to the provisions of this chapter pertaining
to major and minor subdivisions, whichever is applicable.
B.
Procedure.
(1)
The applicant shall prepare and submit the following to the Township
Secretary:
(2)
Upon receipt from the applicant, the Township Secretary shall distribute
copies of the plans submitted by the applicant to the County Planning
Commission and the Township Planning Commission for review. The Township
Planning Commission may hold an informal discussion with the applicant
and shall forward its recommendation on the proposed lot line change
to the Board of Supervisors.
(3)
If the Board approves the proposed lot line change, an approved duplicate
copy of the survey or plan of the lot line as adjusted shall be recorded
by the applicant in the office of the County Recorder of Deeds. Proof
of such filing shall be submitted to the Township before any permits
are issued for the plan.
[Amended 8-8-1978 by Ord.
No. 59; 1-5-1981 by Ord. No. 75; 10-17-1984 by Ord. No. 110; 1-20-1988 by Ord. No. 136]
A.
Purpose. The purpose of this procedure is to exempt from formal review
those divisions of land which qualify as large lot subdivisions under
this section.
B.
General requirements. A large lot subdivision is the division of
land into lots, each lot having a lot area of 10 acres or more, for
the purpose of agricultural use, provided that:
(1)
No streets or roads other than private driveways, and no new easements
of access are involved.
(2)
No extension or installation of municipal facilities is required.
(3)
Improvement of each of the parcels does not or will not involve the
installation of driveways, parking areas or other facilities for public
or common use, normally associated with multiple building, dwelling
or rental unit projects, or public or semipublic establishments, to
render the land suitable for the use proposed.
(4)
The subject tract of land is situated in the R-1, R-2 or R-3 Residential
District.
C.
Procedure.
(1)
The procedure for Township action on a proposed large lot subdivision
shall be formal, and the Township shall not be bound to any specific
time limits.
(2)
The applicant shall prepare a sketch plan containing the following
information:
(a)
A location map at a scale not smaller than 1,000 feet to the
inch.
(b)
The proposed layout of lots within the subject tract legibly
drawn to a scale not smaller than 200 feet to the inch, with an additional
notation of metric scale equivalents for each map provided by the
applicant.
(c)
The name and address of the record owner.
(d)
The name of the developer if different from the owner.
(e)
The name of the registered engineer, surveyor, architect and
landscape architect responsible for the sketch plan.
(f)
A North arrow, graphic scale and the date of drawing.
(g)
The tract boundaries and a statement of the total acreage of
the tract.
(h)
Each lot shown on the plan, numbered and the area of each lot
shown in acres and square feet.
(i)
The zoning district in which the subject tract is located.
(j)
The approximate location of all existing buildings and all other
principal structures and parking areas.
(k)
The location and dimensions of all existing streets and roads.
(l)
An accompanying statement setting forth in detail all contemplated
land uses.
(3)
The applicant shall file the number of copies of plans and accompanying
materials, to be determined by resolution of the Board of Supervisors,
with the Township Secretary at the Township Building. The applicant
shall note on each application form that the application is for a
large lot subdivision, and the applicant shall pay the required fees.
At the time of filing an application, the applicant shall also file
a metes and bounds description of the tract of land to be subdivided.
The metes and bounds description shall be based upon an actual on-site
survey of the tract. Plans shall clearly show which lots, if any,
qualify as rural residences under the Pennsylvania Sewage Facilities
Act, as amended.[1]
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
(4)
At a regular or special meeting of the Board of Supervisors, the
Board shall examine the applicant's application and sketch plan and
shall determine whether the plan qualifies as a large lot subdivision,
and that no violations have been created thereby. If that is the case,
the applicant may proceed directly, without further review, to the
preparation of a linen plan in the manner prescribed by the office
of the County Recorder of Deeds. The linen plan shall be recorded
by the applicant in the office of the County Recorder of Deeds at
the expense of the applicant. Proof of such filing shall be submitted
to the Township before any permits are issued for the plan.
(5)
One copy of the linen plan shall be filed with the Township Secretary,
to be made a part of the Township records.
[Added 8-16-1989 by Ord.
No. 150]
A.
An application may be granted preliminary or final approval subject to specific conditions which must be accepted or rejected by the applicant in accordance with Subsection B hereof; provided, the applicant grants an extension of 30 days within which the Township can take action if the conditions are rejected. These conditions shall be included in a written communication to the applicant.
B.
Within seven days of the applicant's receipt of the grant of conditional
approval by the Board of Supervisors, the applicant shall notify the
Township in writing of the applicant's acceptance or rejection of
the conditions of approval. If the applicant does not so notify the
Township within seven days, approval of the plan shall automatically
be rescinded. If the conditions are rejected, the Township shall take
official action on the application within the time limit established
by the extension of time.
[Added 9-5-2001 by Ord.
No. 238]
A.
Applicability.
(1)
The requirements of this section shall apply to the seller, owner,
developer or agent of the owner (the "seller") of a vacant subdivided
residential lot, a newly constructed home, or a single, undeveloped
lot located within this municipality ("new residential property or
properties") to a member(s) of the general public (the "buyer").
(2)
This applies to any undeveloped parcels at the time of enactment
of this section. This section is not intended to duplicate any information
included in disclosures made under the Uniform Planned Community Act[1] or the Uniform Condominium Act,[2] and where there is any conflict, these state acts take
precedence.
B.
Intent. These requirements are intended to inform the buyer of important
facts pertaining to the new residential property, including but not
limited to the general nature of the subdivision and/or land development
project (the "project") in which the new residential property is located,
limitations, easements, and restrictions.
C.
Disclosure requirements.
(1)
Before signing a sales agreement for any new residential property,
the seller shall obtain from the buyer a signed disclosure statement
that verifies that the seller has provided, reviewed, and explained
to the buyer the information that is required by this section.
(2)
The seller of any new residential property shall display the record
plan of the subdivision and/or land development in the location where
property sales are transacted by the seller. The approved plans for
the subdivision and/or land development must be reviewed with and
made available to the buyer(s). The seller must inform the buyer that
a copy of the plan may also be seen at the Upper Makefield Township
Municipal Building.
(3)
The seller shall present to the buyer a copy of the proposed grading
plan of the buyer's individual lot depicting the street upon which
the residence will front, the building envelope with front, rear and
side yards shown, and the proposed first floor elevation for the property.
(4)
The information listed below shall be clearly shown or noted on the
record plan and/or summarized in a text narrative, and a full-size
copy of the record plan and/or a text narrative shall be given to
the buyer:
(a)
Common areas, such as parklands, streets, open space, bike paths,
walking trails, and other amenities which are part of the subdivision
or adjacent to the lot and/or building being sold.
(b)
All lot lines within the subdivision.
(c)
Membership in a common ownership regime such as a condominium
association, or homeowners' association, if applicable. Copies of
the declaration documents and bylaws shall be provided to and reviewed
with the buyer prior to the signing of an agreement of sale.
(d)
All uses permitted within the subdivision by the current Zoning
Ordinance,[3] including accessory uses, and all limitations, easements,
deed restrictions, and other restrictions of record, at this time,
which affect the development of lots and their use.
[3]
Editor's Note: The Joint Municipal Zoning Ordinance is on
file in the Township offices and is accessible via the Township website.
(e)
All current dimensional requirements for the primary use on
each lot, such as setback requirements, building coverage, impervious
coverage, and height limits.
(f)
All current dimensional requirements for the accessory uses
permitted on each lot, such as size, setback requirements, and height
limits.
(g)
The location of all areas which are classified as either wetlands
or floodplains by current governmental law, rule, regulation or ordinance,
with a notation that such federal, state, and local laws and regulations
govern the use of property within wetlands and floodplains, which
may limit the use and development of these areas.
(h)
The location of all stormwater management facilities, including
detention/retention basins, stormwater management easements, and the
ownership and maintenance responsibilities for such facilities and
easements.
(i)
The date of the Zoning Ordinance [Chapter 27] and subdivision and land development regulations the plan is being developed under shall be provided to the buyer. If the plan is being developed by stipulation, a copy of the stipulation, including all amendments, shall be provided to the buyer.
(j)
The existence, location, and maintenance responsibilities of
any on-site wells and/or on-site sanitary sewage facilities or systems,
and notice that local authorities may make connection to public water
and sewer systems mandatory in the future, and that tapping/connecting
fees and/or easements may apply.
(k)
The present zoning classification of the project and property
which abuts the subdivision or land development, and a description
of the permitted uses of the abutting property.
(l)
The disclosure of any known environmental surveys, water quality
studies or reports done on the property of the record plan including,
but not limited to, the following: wastewater alternative analysis
reports, hydrogeological reports, and environmental impact assessment
reports. These reports are to be made available to the buyer for review
prior to the signing of an agreement of sale.
(m)
The buyer of any new residential property which is located within
100 yards of a natural gas or petroleum transmission line must be
informed in writing of the existence, location, and owner of record
of the line, and the possibility that the right-of-way of said line
may be used to expand, enlarge or modify the lines.
(n)
The location or designation of applicable historic zones, preservation
restrictions or ordinances or any archeological designation associated
with the property.
D.
Residential disclosure statement. The buyer shall complete the disclosure
statement, and the seller shall provide the buyer with a copy of the
disclosure statement prior to the signing of an agreement of sale.
The seller shall provide a copy of the signed disclosure statement
to the Planning and Zoning Officer prior to the issuance of a certificate
of occupancy. The seller shall retain a copy for a period of not less
than three years. The disclosure statement shall be in the following
form:
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This Document is for Your Protection. Read it Carefully Before
Signing.
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Upper Makefield Township Ordinance No. 2001-238 requires that
the seller of any new residential property provide the buyer with
certain specific information regarding the property to be sold prior
to the signing of any Agreement of Sale. This information is intended
to benefit the buyer by clearly defining the nature of the property,
inclusive of any restrictions or conditions that may affect its desirability,
suitability, and/or current or future value.
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The checklist below is required by Upper Makefield Township
to make certain that you have been shown the information required
by this ordinance. It is your obligation to evaluate the information
and to consider its implications relative to your situation. The importance
of understanding the material presented to you cannot be overstressed.
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If you have any questions, you are advised that the seller or
the sellers agents may not be qualified to render explanations or
interpretations of the information required to be disclosed and that
the seller may be biased. You are advised to seek the assistance of
an unbiased professional prior to signing the agreement of sale.
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The seller must make available the current information, required
by this document, in effect as of the date of the subdivision or land
development approval and to thereafter update the required disclosures
so that at the time the information is made available, the information
is current.
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Residential Disclosure Statement
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Please initial next to each of the following to verify that
information about each of the following was presented and explained
with regard to your property:
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_____
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(1)
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Public or private common areas, such as park lands, streets,
stub streets, open space, walking and biking paths or trails, sidewalks,
streetlights, etc., and the access to these areas and the ownership
and maintenance responsibilities for these areas.
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_____
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(2)
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All lot lines within the development. The property being considered
is _____ square feet (_____ acres) in size.
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_____
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(3)
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Membership in a common ownership regime, such as a homeowners'
or condominium association, if applicable. A copy of the declaration
and/or bylaws has been provided.
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_____
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(4)
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Current zoning of the lot. All uses presently permitted within
the development by the Zoning Ordinance, including accessory uses,
and all deed restrictions, and other restrictions which affect the
development of the lot. The location of all easements of record through
the development, describing the uses, and the owners of the easements,
such as, but not limited to, sanitary sewer, stormwater, domestic
water, gas, electric, telephone, cable or any other utility. The buyer
is aware that existing zoning regulations are subject to change.
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_____
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(5)
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All current dimensional requirements for the primary use on
each lot, such as setback requirements, building coverage, and height
limitations.
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_____
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(6)
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All current dimensional requirements for all accessory uses
(decks, pools, sheds, etc.), such as setback requirements, building
coverage, and height limitations.
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_____
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(7)
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The location of all areas which are classified as wetlands,
floodplains, or other resource conservation areas by current law.
The use and development of these areas may be severely restricted.
The buyer understands substantial penalties exist for violations of
these restrictions. The property being considered has _____ square
feet of resource protected areas which equal _____ % of the total
lot.
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_____ square feet of wetlands equals _____ % of the total lot.
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_____ square feet of floodplain equals _____ % of the total
lot.
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_____ square feet of steep slopes equals _____ % of the total
lot.
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_____
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(8)
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The location of all stormwater management facilities, including
detention/retention basins, stormwater management easements, defined
swales, and the ownership and maintenance responsibilities for each,
including an estimate of the annual costs.
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_____
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(9)
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The date of the Zoning Ordinance and Subdivision and Land Development
Ordinance the particular plan is being developed under has been provided.
If the plan is being developed by stipulation, a copy including all
amendments has been provided.
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_____
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(10)
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The buyer is aware of the existence and location of any on-lot
wells and septic systems, and the maintenance requirements of these
particular systems. The buyer has been provided with copies of any
groundwater studies, the water quality of his particular well, and
the estimated annual cost of water treatment and septic maintenance
costs pursuant to the Township's Septic System Maintenance Ordinance.
The buyer has been informed of any potential mandatory connection
to public water or sewer systems. Tapping, connecting fees and/or
easements may apply. The buyer is aware that auxiliary water pressure
pumps and/or sewage grinder pumps may be necessary to provide adequate
water and sewer to the dwelling.
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_____
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(11)
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The zoning classification of the development and the property
which abuts the development, and a description of permitted uses.
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_____
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(12)
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The buyer has seen and reviewed any known environmental surveys,
studies or reports done on the property of the record plan.
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_____
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(13)
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The buyer is aware of any natural gas or petroleum transmission
line which is located within 100 yards of the property. The buyer
has been given in writing the location and owner of record of the
line, and has been made aware that the right-of-way of said line may
be used to expand, enlarge, or modify the lines.
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_____
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(14)
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The location or designation of applicable historic zones, preservation
restrictions or ordinances or any archeological designation associated
with the property.
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I/We the undersigned, acknowledge that I/We have received a
full-size copy of the record plan, and a text narrative, if applicable,
detailing the scope of the subdivision and/or land development plan
of which the considered property is a part, as well as a separate
lot plan of my/our property, and understand and agree to the constraints
imposed therein with regard to my/our property. I/We also understand
that signing this disclosure statement does not release me/us from
meeting requirements imposed by Upper Makefield Township.
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Buyer
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Owner or Authorized Agent
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Buyer
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Date
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The Township will make a good faith effort to provide information
necessary for the seller to comply with this section in a timely manner.
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