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Township of Millcreek, PA
Erie County
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Table of Contents
Table of Contents
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.
D. 
Amendment of approved land development plan. In cases meeting the definition under Article II, a revised version of a previously approved land development plan reflecting the original approval and nonsubstantial proposed amendments thereto.
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:
A. 
Approval without conditions or modifications;
B. 
Approval with conditions or modifications; or
C. 
Denial.
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:
(1) 
Approval without conditions other than compliance with established regulations;
(2) 
Approval with express conditions not otherwise set forth in this chapter or other applicable ordinance; or
(3) 
Denial.
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.
(b) 
Said financial security shall be of the same type as otherwise required in this § 125-36E with regard to construction and installation of such improvements, except as is otherwise required in Chapter 116, Stormwater Management.
(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.
(a) 
There shall be no liability by the Township associated with the condition of or responsibility for maintenance of constructed private improvements.
(b) 
The developer shall not be required to tender a maintenance security for private improvements.
(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.
(3) 
All covenants and restrictions shall include the language regarding preservation of stormwater management plan and binding effect of recorded documents as set forth on Appendix A.[2]
[2]
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.
(3) 
The Township shall not issue any building, street access or other permit for the development until it has received the required copies of the recorded development plan and those documents to be provided under § 125-36G.
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.