[Ord. 418, 1/29/2014]
[Ord. 418, 1/29/2014]
1.
Applicants are required to apply for and receive a simple subdivision
approval from the Township in accordance with the following criteria:
B.
Recommendations and Approvals.
(1)
The Planning Commission shall make recommendations to the Board
of Supervisors regarding simple subdivisions.
(2)
The Board of Supervisors shall be responsible for approving
or denying simple subdivisions.
(3)
In the case of simple subdivisions, as defined by this chapter, only a final application and filing fee shall be required, provided that all requirements for submission of a final application are met. In addition, the Community Development Director may require a topographical survey in accordance with § 22-303 to be submitted as part of the final application in simple subdivisions where warranted by physical conditions.
C.
Conferences. Conferences with the Community Development Director
are suggested prior to the submission of a final application.
[Ord. 418, 1/29/2014]
1.
Applicants are required to apply for and receive a minor land development
approval from the Township in accordance with the following criteria:
B.
Recommendations and Approvals.
(1)
The Planning Commission shall make recommendations to the Board
of Supervisors regarding minor land developments.
(2)
The Board of Supervisors shall be responsible for approving or denying minor land developments. When necessary for the protection of public welfare, persons and property, the Board of Supervisors may conditionally approve a minor land development subject to compliance with provisions and standards defined in this chapter; the Zoning Ordinance [Chapter 27]; other ordinances and regulations of the Township; and any additional requirements as deemed necessary. The conditions of approval shall be specified, in writing, in the notice of approval required by § 22-207, Subsection 1K(3).
(3)
In the case of minor land developments, as defined by this chapter,
only a final application and filing fee shall be required, provided
that all requirements for submission of a final application are met.
D.
Final Application. Minor land development applicants are required
to submit a final application only. The required plans, reports and
analyses shall be completed in accordance to the specifications and
criteria defined by this chapter. The contents of a final application
submission shall include the following:
(4)
Traffic Impact Study. As required under § 22-313 (i.e., a traffic impact study shall be required per § 22-313, Subsection 1, where the permitted or conditional use is expected to generate an average of 100 or more trips during the adjacent roadways' peak hours of usage; and may nonetheless be required in the discretion of the Township even where the permitted or conditional use is expected to generate an average of 100 or less trips during the adjacent roadways' peak hours of usage, as provided under § 22-313, Subsection 2.)
(5)
Traffic Impact Fee Study. Regardless of whether a traffic impact study is required under Subsection 1D(4), above, applicant shall nonetheless submit for the review and approval of the Township Traffic Engineer a traffic impact fee study (i.e., a traffic impact fee calculation assessment) performed in accordance with the Traffic Impact Fee Ordinance, as required under § 22-324 and the Township's applicable Traffic Impact Fee Ordinance, as may be duly enacted or amended from time to time. [See Chapter 25 of the North Fayette Township Code of Ordinances, Transportation Capital Improvements; see also §§ 22-313 and 22-324, below].
[Ord. 418, 1/29/2014]
1.
Applicants are required to apply for and receive a major land development
approval from the Township in accordance with the following criteria:
A.
Applicability.
(1)
A single-family residential development that creates five or
more lots.
(2)
All multifamily residential development that creates five or
more lots.
(3)
A nonresidential development with more than 5,000 square feet
of new gross floor area.
(4)
All planned residential and planned nonresidential developments in accordance with the Zoning Ordinance [Chapter 27].
(5)
All subdivisions and land developments that constitute conditional uses or uses by special exception in accordance with the Zoning Ordinance [Chapter 27].
(6)
All mobile home parks.
B.
Recommendations and Approvals.
(1)
The Planning Commission shall make recommendations to the Board
of Supervisors regarding major land developments.
(2)
The Board of Supervisors shall be responsible for approving or denying major land developments. The Board of Supervisors may conditionally approve a major land development subject to compliance with the provisions and standards defined in this chapter; the Zoning Ordinance [Chapter 27]; and any additional requirements deemed necessary. The conditions of approval shall be specified, in writing, in the notice of approval required by § 22-207, Subsection 2J(2).
D.
Preliminary Application. Major land development applicants shall
submit a preliminary application. The required plans, reports and
analyses shall be completed in accordance to the specifications and
criteria defined by this chapter.
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The contents of a preliminary application submission shall include
the following:
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(9)
Traffic Impact Study. As required under § 22-313 (i.e., a traffic impact study shall be required per § 22-313, Subsection 1, where the permitted or conditional use is expected to generate an average of 100 or more trips during the adjacent roadways' peak hours of usage; and may be required in the discretion of the Township where the permitted or conditional use is expected to generate an average of 100 or less trips during the adjacent roadways' peak hours of usage, as provided under § 22-313, Subsection 2).
(10)
Traffic Impact Fee Study. Regardless of whether a traffic impact study is required under Subsection 1D(9), above, applicant shall nonetheless submit for the review and approval of the Township Traffic Engineer a traffic impact fee study (i.e., a traffic impact fee calculation assessment) performed in accordance with the Traffic Impact Fee Ordinance, as required under § 22-324 and the Township's applicable Traffic Impact Fee Ordinance, as may be duly enacted or amended from time to time. [See Chapter 25 of the North Fayette Township Code of Ordinances, Transportation Capital Improvements; see also §§ 22-313 and 22-324, below].
E.
Final Application. Major land development applicants shall submit
a final application. The required plans, reports and analyses shall
be completed in accordance to the specifications and criteria defined
by this chapter. The contents of a final application submission shall
include the following:
[Ord. 418, 1/29/2014]
(Reserved)
[Ord. 418, 1/29/2014]
A sketch plan conference with the Community Development Director
and Engineer is required prior to the pre-application conference.
The sketch plan conference requires no formal application or fee.
[Ord. 418, 1/29/2014]
1.
Preliminary Application.
A.
A preliminary application shall be submitted at least 28 calendar
days prior to the Planning Commission's next regular monthly meeting.
B.
Application. The applicant shall file 14 copies of the preliminary
application for a land development to the Township using forms provided
by the Township.
C.
Plans, Maps, and Drawings. Three full-scale copies, 11 half-scale
copies with a minimum scale of one inch equals 200 feet and one electronic
file of all plans, maps and drawings are required as part of the subdivision
application. The electronic file shall be in a Township-compatible
format.
D.
Reports. Four paper copies and one electronic copy of all reports are required as part of the application. (Refer to § 22-205). The electronic file shall be in a Township-compatible format.
E.
A preliminary application shall not be considered to be complete and properly filed unless and until all items required by § 22-204, Subsection 1D, including the application filing fee, have been received by the filing date.
F.
The Community Development Director will review the application to
determine whether all materials required by this chapter have been
submitted by the applicant. Unless all such required materials have
been submitted with the application, the Community Development Director
will reject the application as being administratively incomplete and
will notify the applicant, in writing, citing the specific deficiencies
and the specific requirements of this chapter that have not been met.
G.
Upon receipt of a complete and properly filed application for final
approval, the Community Development Director shall promptly distribute
copies of the application to each member of the Planning Commission.
The Community Development Director will also promptly submit one copy
of the application to the Allegheny County Planning Agency or its
designee (ACED) as required under the Municipalities Planning Code,
and will also provide a copy to the Township Solicitor and Township
Engineer, and to such other agencies, departments, or staff, including
Police Chief, Building Code Official, Fire Code Official, Public Works
Director, as deemed necessary and proper for review and comment.
H.
At the Planning Commission's request, copies of the application may
also be referred to any other appropriate review agencies.
I.
All revised application materials shall be submitted at least 14
calendar days prior to the Planning Commission's next regular monthly
meeting.
J.
Planning Commission Action.
(1)
Upon determination by the Community Development Director that
the application is administratively complete, the same will be transmitted
to the Planning Commission and the Township Engineer.
(2)
The Township Engineer will submit a written report to the Township's
Community Development Director and Planning Commission which states
whether the application complies with the requirements of this chapter.
Other departments and personnel to whom the application is distributed
will also provide their written comments to the Community Development
Director and Planning Commission. Those reports will be included in
the minutes of the Planning Commission meeting. The Planning Commission
will not make a recommendation on the application until the Township
Engineer's report has been received or at least 21 calendar days has
passed from the date of referral to the Township Engineer.
(3)
Within 60 calendar days of the date of filing of an administratively
complete application, the Planning Commission will make a written
recommendation to the Board of Supervisors for approval, approval
with conditions, or disapproval of the preliminary application. The
recommendation of the Planning Commission shall provide reasons for
the recommendation and, in the case of a recommendation for disapproval,
shall cite the specific requirements of this chapter that the applicant
has not met.
K.
Board of Supervisors Action.
(1)
The Board of Supervisors will act upon the preliminary application
not later than 90 days following the regular meeting of the Planning
Commission next following the date of filing of an administratively
complete application, provided that should the next said Planning
Commission occur more than 30 days following the filing of an administratively
complete application, said ninety-day period will be measured from
the thirtieth day following the date of filing of the administratively
complete application. The recommendation of the Planning Commission
and the Planning Commission Minutes containing the report of the Township
Engineer will be made a part of the record at the said Board of Supervisors'
meeting.
(2)
The Board of Supervisors shall not act on a preliminary application
unless the Township has received written review of the application
by the Allegheny County planning agency or their designee or unless
30 calendar days from the date of referral have passed.
(3)
A letter indicating approval, approval with conditions, or disapproval,
will be in writing and will be communicated to the applicant personally
or mailed to him or her at his or her last known address within 15
calendar days following the decision. If the preliminary application
is not approved in terms as filed, the Board of Supervisors will specify
the defects found in the preliminary application and, in each case,
shall cite the requirements of this chapter that the applicant has
not met.
(4)
The applicant shall accept or reject the conditions attached
to the preliminary approval by giving written notice to the Community
Development Director within 30 calendar days of the date of the public
meeting of the Board of Supervisors at which preliminary approval
is granted. If the applicant fails to give written notice to the Community
Development Director regarding acceptance or rejection of the conditions
attached to preliminary approval within the required 30 calendar days,
the Township shall automatically rescind the preliminary approval
without written notice to the applicant.
L.
Expiration of Preliminary Plan Approval.
(1)
The rights of an applicant with regard to a plan granted preliminary
approval, including the right to seek and obtain final approval and
to commence and complete the finally approved plan in accordance with
the governing ordinances prevailing at the time of approval shall
be subject to § 508 of the Pennsylvania Municipalities Planning
Code, 53 P.S. § 10508, and such rights in said preliminary
approval shall expire within five years after being granted by the
Board of Supervisors, unless the applicant requests and the Board
of Supervisors grants a written extension prior to the preliminary
approval's expiration. The applicant shall submit a request for extension,
in writing, to the Board of Supervisors at least 30 calendar days
prior to any prevailing expiration date. Extensions may be granted
for one or more six-month periods, upon the Board of Supervisor's
finding that such extension is warranted and upon such other conditions
deemed reasonable and necessary in the discretion of the Board of
Supervisors.
(2)
In the case of a phased development calling for the installation
of public improvements beyond the five-year period, a schedule shall
be filed by the applicant with the preliminary application delineating
all proposed phases or sections, as well as deadlines for submission
of applications for final approval of each phase or section. Such
schedule shall be updated annually by the applicant on or before the
anniversary date of preliminary approval, until final approval of
the last phase or section has been granted. Any modification in the
schedule for filing final applications shall be subject to approval
by the Board of Supervisors in its sole discretion.
2.
Final Application.
A.
After a preliminary application has been approved by the Board of
Supervisors, the developer and/or landowner may proceed by filing
either of the following types of applications:
(1)
A final application, including final plat approval, together
with performance security to guarantee proper installation of required
improvements in the plan.
(2)
A final application without final plat approval, whereupon required
improvements are installed prior to a request for final plat approval.
B.
In either case, 28 calendar days prior to the regular monthly Planning
Commission meeting, the applicant shall file a final application.
C.
Application. The applicant shall file 14 copies of the final application
to the Township using forms provided by the Township. In addition,
one copy of the approved preliminary plan shall accompany the final
application.
D.
Plans, Maps, and Drawings. Three full-scale copies, 11 half-scale
copies with a minimum scale of one inch equals 200 feet and one electronic
file of all plans, maps and drawings are required as part of the application
subdivision. The electronic file shall be in a Township-compatible
format.
E.
Reports. Four paper copies and one electronic copy of all reports are required as part of the application. (Refer to § 22-205). The electronic file shall be in a Township-compatible format.
F.
A final application shall not be considered to be complete and properly filed unless and until all items required by § 22-204, Subsection 1E, including the application filing fee, have been received by the filing date.
G.
The Community Development Director will review the application to
determine whether all materials required by this chapter have been
submitted by the applicant. Unless all such required materials have
been submitted with the application, the Community Development Director
will reject the application as being administratively incomplete and
will notify the applicant, in writing, citing the specific deficiencies
and the specific requirements of this chapter that have not been met.
H.
Upon receipt of a complete and properly filed application for final
approval, the Community Development Director shall promptly distribute
copies of the application to each member of the Planning Commission.
The Community Development Director will also promptly submit one copy
of the application to the Allegheny County Planning Agency or its
designee (ACED) as required under the Municipalities Planning Code,
53 P.S. § 10101 et seq., and will also provide a copy to
the Township Solicitor and Township Engineer, and to such other agencies,
departments, or staff, including Police Chief, Building Code Official,
Fire Code Official, Public Works Director, as deemed necessary and
proper for review and comment.
I.
All revised application materials shall be submitted at least 14
calendar days prior to the Planning Commission's next regular monthly
meeting.
J.
Planning Commission Action.
(1)
Upon determination by the Community Development Director that
the application is administratively complete, the same will be transmitted
to the Planning Commission and the Township Engineer.
(2)
Within 30 calendar days of the Community Development Director's
transmission of a complete final application, the Township Engineer
will submit a written report to the Township's Community Development
Director and Planning Commission which states whether the application
complies with the requirements of this chapter. The report will be
included in the minutes of the Planning Commission meeting. The Planning
Commission will not make a recommendation on the application until
the Township Engineer's report has been received or 30 calendar days
has passed from the date of referral to the Township Engineer.
(3)
Within 60 calendar days of the date of filing of an administratively
complete application, the Planning Commission will make a recommendation,
in writing, to the Board of Supervisors for approval, approval with
conditions or disapproval of the final application. The recommendation
of the Planning Commission will provide reasons for the recommendation
and, in the case of a recommendation for disapproval, shall cite the
specific requirements of this chapter, which have not been met.
K.
Board of Supervisors Action.
(1)
The Board of Supervisors will act upon the final application
not later than 90 days following the regular meeting of the Planning
Commission next following the date of filing of an administratively
complete application, provided that should the next said Planning
Commission occur more than 30 days following the filing of an administratively
complete application, said ninety-day period shall be measured from
the thirtieth day following the date of filing of the administratively
complete application. The recommendation of the Planning Commission
and the Planning Commission Minutes containing the report of the Township
Engineer will be made a part of the record at the said Board of Supervisors'
meeting.
(2)
A letter indicating approval, approval with conditions or disapproval
will be sent to the applicant by regular mail within 15 calendar days
of the date of the decision. If the final application is not approved,
the Board of Supervisors will specify the defects found in the final
application and, in each case, shall cite the requirements of this
chapter that the applicant has not met.
(3)
If the Board of Supervisors determines that certain conditions are warranted to be attached to final approval to guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of approval required by § 22-207, Subsection 2J(2).
(4)
The applicant shall accept or reject the conditions attached to final approval either by giving written notice to the Community Development Director or executing the development agreement required by § 22-209 within 30 days of the date of the public meeting of the Board of Supervisors at which final approval is granted. If the applicant fails to give written notice to the Township regarding acceptance or rejection of the conditions attached to final approval within the required 30 days, final approval shall automatically be rescinded without written notice to the applicant.
L.
Final plat approval after completion of improvements (optional, in lieu of providing completion security per § 22-208).
(1)
Upon completion of the improvements contained in the final application, the developer and/or landowner shall notify the Township, in writing, of the completion and shall submit three copies of the final plat, as required by § 22-316, with the notice of completion. Within 10 calendar days of the receipt of the notice of completion and submission of the final plat, the Board of Supervisors will authorize the Township Engineer to inspect the improvements and review the final plat to determine whether the final plat is in conformance with the previously approved final application and all applicable requirements of this chapter and whether the proper officers of the Township can affix their signatures to the final plat for recording purposes, in accord.
(2)
Within 30 calendar days of receiving such authorization, the
Township Engineer will report to the Board of Supervisors, in writing,
whether the completed improvements comply with the requirements of
this chapter and the Township's Construction Standards and whether
the final plat complies with all applicable requirements of this chapter.
The Township Engineer's report will indicate approval or rejection
of the improvements, either in whole or in part, and, in the case
of rejection, will contain a statement of reasons for such rejection.
(3)
Within 45 calendar days of receipt of the notice of completion of improvements, the Board of Supervisors will notify the developer and/or landowner, in writing, by certified or registered mail, of the approval or rejection of the improvements. Acceptance of the improvements shall be in accordance with the requirements of § 22-602 through § 22-605, and shall be further subject to the posting of the maintenance security required by § 22-606 if the same are to be public improvements dedicated and accepted by the Township.
(4)
The Board of Supervisors will act upon the final application
not later than 90 days following the regular meeting of the Planning
Commission next following the date of filing of an administratively
complete application, provided that the should the next said Planning
Commission occur more than 30 days following the filing of an administratively
complete application, said ninety-day period shall be measured from
the thirtieth day following the date of filing of the administratively
complete application. The recommendation of the Planning Commission
and the Planning Commission Minutes containing the report of the Township
Engineer will be made a part of the record at the said Board of Supervisors'
meeting. A letter indicating approval, approval with conditions or
disapproval will be sent to the developer and/or landowner by regular
mail within 15 calendar days of the date of the decision. If the final
plat is not approved, the Board of Supervisors shall specify the defects
found in the final plat and shall cite the requirements of this chapter
that have not been met.
M.
Phased Approval.
(1)
In the case where development of a subdivision or land development
is projected over a period of years, the Township authorizes submission
of final applications by sections or phases of development, subject
to such requirements or guarantees for private or public improvements
in future sections or phases of the development which are essential
for the protection of the public welfare and any existing or proposed
section or phase of the plan.
(2)
All sections or phases must conform to the preliminary application as previously approved by the Township. Any phase that contains substantive changes in the number of lots or buildings proposed or in the layout of the lots, buildings or streets previously approved in the preliminary application will require complete resubmission of the preliminary application in accordance with § 22-204, Subsection 1D.
[Ord. 418, 1/29/2014]
1.
In lieu of the completion of any improvement required prior to and
as a condition for final approval of a plat, the applicant shall post
a completion security, as defined by this chapter, in favor of the
Township, in an amount equal to 110% of the cost of completion of
the improvements estimated as of 90 calendar days following the date
scheduled for completion by the developer and/or landowner. Annually,
the Township may adjust the amount of the completion security by comparing
the actual cost of the improvements which have been completed and
the estimated cost for the completion of the remaining improvements
as of the expiration of the ninetieth calendar day after either the
original date scheduled for completion or a rescheduled date of completion.
Subsequent to said adjustment, the Township may require the developer
and/or landowner to post additional security in order to assure that
the completion security equals said 110%. The developer and/or landowner
in accordance with this section shall post any additional security.
2.
The amount of the completion security required shall be based upon
an estimate of the cost of completion of the required improvements
and the cost of the as-built plans, submitted by an applicant or developer
and/or landowner and prepared by an engineer and certified by such
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. If the applicant or developer
or landowner and the Township are unable to agree upon an estimate,
then the estimate shall be recalculated and re-certified by another
engineer and chosen mutually by the Township and the applicant or
developer or landowner. The estimate, certified by the third engineer,
shall be presumed fair and reasonable and shall be the final estimate.
In the event that a third engineer is so chosen, fees for the services
of said engineer shall be paid equally by the Township and the applicant
or developer or landowner.
3.
If the party posting the completion security requires more than one
year from the date of posting of the completion security to complete
the required improvements, the amount of the completion security may
be increased by an additional 10% for each one-year period beyond
the first anniversary date from posting of the completion security
or to an amount not exceeding 110% of the cost of completing the required
improvements as reestablished on or about the expiration of the preceding
one-year period by using the above procedure.
4.
Form of Security.
A.
The following requirements shall apply to any surety bond posted
as completion security in accordance with this chapter:
(1)
The bond shall be obtained from as surety incorporated in the
United States and authorized to do business in Commonwealth of Pennsylvania.
(2)
The surety shall have a current A.M. Best's rating of no less
than "A" and an underwriting capacity as stated in Best's equal to
or greater than the amount of the bond written by that surety, or
in the alternative be listed on the current United States Department
of the Treasury's annual list of "Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in the Federal Register and have
an underwriting capacity in said list equal to or greater than the
amount of the bond written by that surety.
B.
The following requirements shall apply to any letter of credit posted
as completion security in accordance with this chapter:
(1)
The letter of credit shall be issued by a federal or commonwealth
chartered lending institution, authorized to conduct business in Pennsylvania.
(2)
The letter of credit shall have an expiration date of no earlier
than 90 days after the required completion date of any improvements.
The Township, at its discretion, may accept a letter of credit having
an earlier expiration date; provided, however, that in either event
the Township may require that the letter of credit state that it will
automatically be renewed for a period of at least one year from any
present or future expiration date unless the Township receives notice
in writing from the issuer at least 60 days prior to the expiration
date that the issuer elects to not further extend the letter of credit,
and that if such notice is given the Township may draw on the letter
of credit up to the amount of its unused balance on or before the
relevant expiration date.
(3)
Multiple draws on the letter of credit shall be permitted.
(4)
Draws shall be permitted at sight at the issuer's office in
a location as set forth in Subsection 4A(1), and by overnight mail.
C.
All financial security tendered by an applicant pursuant to this
chapter shall be subject to review and approval by the Township's
Solicitor with respect to the form, source and sufficiency of the
same.
5.
Approval Resolution to Facilitate Financing. When requested by the
developer and/or landowner, in order to facilitate financing, the
Board of Supervisors will furnish the developer and/or landowner with
a signed copy of a resolution indicating approval of the final plat
contingent upon the developer and/or landowner providing satisfactory
completion authority. The final plat shall not be signed nor recorded
until the completion security and development agreement are executed
and all other conditions of final approval are met.
[Ord. 418, 1/29/2014]
Prior to a developer and/or landowner beginning construction
of a subdivision and/or land development, the Board of Supervisors
shall require that the developer and/or landowner execute a development
agreement with the Township, in a form acceptable to the Township
Solicitor, containing provisions that are reasonably required to guarantee
compliance with the conditions of approval, if any, and to guarantee
the proper installation of on-site and off-site improvements related
to the subdivision and/or land development and provisions necessary
to indemnify the Township in connection therewith, including but not
limited to reimbursement of associated fees and costs, including professional
consultant and other review and inspection fees incurred by the Township.
[Ord. 418, 1/29/2014]
Approval of final plats by the Board of Supervisors shall not
be binding if any county, state or federal agencies find just cause
to disapprove the development. It shall be the developer's and/or
landowner's responsibility to obtain all necessary approvals from
county, state or federal agencies.
[Ord. 418, 1/29/2014]
1.
Upon approval of a final plat by the Township, the developer and/or
landowner shall within 90 days of such final approval or 90 days after
the date of delivery of an approved plat signed by the Board of Supervisors,
following completion of conditions imposed for such approval, whichever
is later, record such plat in the office of the Allegheny County Department
of Real Estate (formerly known as the Recorder of Deeds). The Allegheny
County Department of Real Estate shall not accept any plat for recording,
unless such plat officially noted the review of the Planning Commission,
the approval of the Board of Supervisors and the submission or review
of the Allegheny County planning agency or its designee.
2.
Subject to the limitations of Subsection 3, in the event the plat has not been recorded within the time period required by Subsection 1, the Chairman of the Board of Supervisors is authorized to reinstate the Township's approval for recording upon receiving a report from the Township Engineer that there are no changes in the subdivision or land development plan previously granted approval and that all requirements of this chapter have been met.
3.
Any request for reinstatement of final approval which is submitted
in writing more than 180 days after the date of the delivery of the
approved plat signed by the Board of Supervisors shall require resubmission
of an application for final approval and action thereon by the Planning
Commission and the Board of Supervisors in conformance with the requirements
of this chapter.
4.
Upon recording of the final plat in the office of the Allegheny County
Department of Real Estate, the developer and/or landowner shall deliver
to the Township two paper prints of the final plat as recorded. In
addition to the two paper prints, the applicant must submit one copy
of the final plat in an electronic format compatible with the Township's
geographic information system (GIS). This requirement may be waived
by the Community Development Director for simple subdivisions only.
5.
No permits will be issued to the applicant until a copy of the recorded
plan is provided to the Township.
6.
Permits may be issued to the applicant when the Township receives
the two signed and recorded paper prints of the final plat, and one
electronic copy.
[Ord. 418, 1/29/2014]
1.
The Township may offer the mediation option as an aid in completing
the proceedings authorized by this Part. Mediation shall supplement,
not replace, the defined procedures in this Part once they have been
formally initiated. Nothing in this section shall be interpreted as
expanding or limiting Township police powers or as modifying any principles
of substantive law.
2.
Participation in mediation shall be wholly voluntary. The appropriateness
of mediation shall be determined by the particulars of each case and
the willingness of the parties to negotiate. In offering the mediation
option, the Board of Supervisors will assure that in each case, the
mediating parties, assisted by the mediator as appropriate, develop
terms and conditions for:
A.
Funding mediation.
B.
Selecting a mediator who, at a minimum, shall have a working knowledge
of municipal zoning and subdivision procedures and demonstrated skills
in mediation.
C.
Completing mediation, including time limits for such completion.
D.
Suspending time limits otherwise authorized in this chapter or in
the Municipalities Planning Code provided that there is written consent
by the mediating parties and by an applicant or the Board of Supervisors
if either is not a party to the mediation.
E.
Identifying all parties and affording them the opportunity to participate.
F.
Subject to legal restraints, determining whether some or all of the
mediation sessions shall be open or closed to the public.
G.
Assuring that mediated solutions are in writing and signed by the
parties, and become subject to review and approval by the appropriate
decision making body pursuant to the authorized procedures set forth
in this chapter.
3.
No offers or statements made in the mediation sessions, excluding
the final written mediated agreement, shall be admissible as evidence
in any subsequent judicial or administrative proceedings.
