[Ord. 147, 1/10/2008]
1.
This Part sets forth the application requirements for obtaining approval
of subdivision and land developments. The form of the various plans
referred to in this Part and information required to be forwarded
with such plans shall be as specified in Part 4.
2.
All applications for approval of a subdivision plan, land development
plan or improvement construction plan shall be made by the applicant
filing with the Township an application form, approved from time to
time by the Township and supplied by the Township, together with the
appropriate plans, studies, reports, supporting data and required
application fees and deposit fees required by this chapter.
[Ord. 147, 1/10/2008]
1.
A voluntary sketch plan conference between a prospective applicant
and the Zoning Officer and/or Township Engineer should be held prior
to the pre-application conference and prior to the filing of any applications
for preliminary plan approval under this chapter. The sketch plan
conference requires no formal application fee.
2.
Prior to filing an application for preliminary plan approval, a prospective
applicant should appear before the Planning Commission for a pre-application
conference to discuss the applicable regulations governing subdivisions
and/or land developments of property and the feasibility and timing
of the applications for approval. The pre-application conference requires
no formal application or fee. This opportunity is afforded to the
prospective applicant to obtain information and guidance before entering
into binding commitments or incurring substantial expenses for plan
preparation.
[Ord. 147, 1/10/2008; as amended by Ord. 159, 4/6/2010, § 2]
1.
Preliminary Plan Application Procedure.
A.
An application for preliminary plan approval of a subdivision and/or land development shall be filed with the Zoning Officer, on forms as prescribed by the Township, at least 25 days prior to the regular meeting of the Planning Commission. The preliminary plan application shall not be considered complete and properly filed unless or until all items required by § 22-402 of this chapter, including the application fee and deposit, have been received by the filing date.
B.
The Zoning Officer shall review the application to determine whether all materials required by § 22-402 of this chapter and any other relevant Township ordinances have been submitted by the applicant.
C.
Within five days of receipt of an administratively complete application,
the Zoning Officer shall submit one copy of the application and any
materials submitted therewith to the following entities for review:
the Township Solicitor; the Township Engineer; each member of the
Board of Supervisors; the County Planning Agency or its designee;
and any other appropriate Township personnel or professional consultants.
D.
The Zoning Officer shall submit one copy of an administratively complete
application and any materials submitted therewith to each member of
the Township Planning Commission by no later than the Friday prior
to the date of the regular meeting of the Planning Commission.
E.
Any plan revisions, supplements or other amendments to an administratively
complete application shall be filed with the Zoning Officer at least
14 calendar days prior to the date of the Planning Commission meeting
in order to be considered at that meeting, or at least 14 calendar
days prior to the date of the Board of Supervisors meeting in order
to be considered at that meeting.
2.
Township Staff Review.
A.
The Township Zoning Officer and any other Township personnel or professional consultant, as directed by the Board of Supervisors or its designee, shall review the preliminary plan application documents to determine if they are in compliance with this chapter, the Zoning Ordinance [Chapter 27], applicable Township ordinances, the Township Comprehensive Plan and the Township planning objectives. These personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Board of Supervisors or its designee.
B.
The Township Engineer shall review the application documents to determine compliance with this chapter, the Stormwater Management Ordinance [Chapter 26, Part 1], and any other applicable Township ordinances and regulations, Township construction standards and sound engineering practices. The Township Engineer shall prepare a written report of his findings and recommendations, which the Township Zoning Officer shall provide to the Board of Supervisors, the Planning Commission, the Township Solicitor and any other Township personnel or professional consultant as directed by the Board of Supervisors or its designee.
3.
Planning Commission Review and Recommendation.
A.
The Planning Commission shall review the preliminary plan application
and associated documents and forward its recommendation to the Board
of Supervisors.
B.
If the plan is deemed to have outstanding comments or unaddressed
concerns, the applicant shall resubmit revised drawings, supporting
reports, documents and other similar material for review by the Township
staff, professional consultants and the Township Planning Commission.
C.
The Planning Commission shall make a written recommendation to the
Board of Supervisors for approval, approval with conditions or disapproval
of the preliminary plan application.
4.
Board of Supervisors Action.
A.
The Board of Supervisors shall act upon the preliminary plan application
no 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 meeting occur more than 30 days following the filing of
an administratively complete application, said ninety-day period shall
be measured from the 30th 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 shall be made a part of the record at the
said Board of Supervisors meeting.
B.
The Board of Supervisors shall not act on a preliminary application
unless the Township has received written review of the application
by the County Planning Agency or its designee, or unless at least
30 calendar days have passed since the date of referral to the County
Planning Agency.
C.
A letter indicating approval, approval with conditions or disapproval
shall be in writing and shall be communicated to the applicant personally
or mailed to him at his last known address within 15 calendar days
following the Board of Supervisors decision. If the preliminary plan
application is not approved in terms as filed, the Board of Supervisors
shall specify the defects found in the preliminary plan application
and cite the requirements of this chapter or other Township ordinances
or statutes that the applicant has not met, in accordance with the
MPC.
D.
The applicant shall accept or reject the conditions attached to the
preliminary plan approval by giving written notice to the Zoning Officer
within 30 calendar days of the date of the Board of Supervisors decision.
If the applicant fails to give written notice to the Zoning Officer
regarding acceptance or rejection of the conditions attached to preliminary
approval within the required 30 calendar days, then the conditions
shall be deemed accepted by the applicant.
E.
If the Board of Supervisors approves the preliminary plan application
subject to certain conditions, then the developer shall not file a
final plan application until all such conditions are addressed and
complied with in a manner acceptable to the Township.
F.
Approval of a preliminary plan application shall only constitute
authorization to proceed with preparation and filing of a final plan
application once all conditions of approval have been addressed and
complied with in a manner acceptable to the Township.
5.
Expiration of Preliminary Plan Approval.
A.
Preliminary plan approval shall expire within five years after being
granted by the Board of Supervisors, unless the applicant requests
and the Board of Supervisors grant a written extension prior to the
expiration of the preliminary plan approval. The applicant shall submit
a request for extension, in writing, to the Zoning Officer at least
30 calendar days prior to any prevailing expiration date. Extensions
may be granted for one or more six-month periods, upon a finding by
the Board of Supervisors that such extension is warranted.
B.
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 plan application delineating
all proposed phases or sections, as well as deadlines for submission
of applications for final plan approval of each phase and section.
Such schedule shall be updated annually by the applicant on or before
the anniversary date of preliminary plan approval, until final plan
approval of the last phase or section has been granted. Any modification
in the schedule for filing final plan applications shall be subject
to approval by the Board of Supervisors in its sole discretion.
[Ord. 147, 1/10/2008; as amended by Ord. 159, 4/6/2010, § 3]
1.
Prerequisites to Filing Final Plan Application. An application for
final plan approval can be submitted provided that:
2.
Final Plan Application Procedure.
A.
An application for final plan approval of a subdivision and/or land development shall be filed with the Zoning Officer, on forms as prescribed by the Township, at least 25 days prior to the regular meeting of the Planning Commission. The preliminary plan application shall not be considered complete and properly filed unless or until all items required by § 22-403 of this chapter, including the application fee and deposit, have been received by the filing date.
B.
The Zoning Officer shall review the application to determine whether all materials required by § 22-403 of this chapter and any other relevant Township ordinances have been submitted by the applicant.
C.
Within five days of receipt of an administratively complete application,
the Zoning Officer shall submit one copy of the application and any
materials submitted therewith to the following entities for review:
the Township Solicitor; the Township Engineer; each member of the
Board of Supervisors; the County Planning Agency or its designee;
and any other appropriate Township personnel or professional consultants.
D.
The Zoning Officer shall submit one copy of an administratively complete
application and any materials submitted therewith to each member of
the Township Planning Commission by no later than the Friday prior
to the date of the regular meeting of the Planning Commission.
E.
Any plan revisions, supplements or other amendments to an administratively
complete application shall be filed with the Zoning Officer at least
14 calendar days prior to the date of the Planning Commission meeting
in order to be considered at that meeting, or at least 14 calendar
days prior to the date of the Board of Supervisors meeting in order
to be considered at that meeting.
F.
The final plan may be submitted in phases or sections as shown on
the approved preliminary plan and phasing schedule pursuant to § 22-303.5.B
of this chapter.
3.
Township Staff Review.
A.
The Zoning Officer and any other Township personnel or professional consultant, as directed by the Board of Supervisors or its designee, shall review the final plan application documents to determine if they are in compliance with this chapter, the Zoning Ordinance [Chapter 27], applicable Township ordinances, the Township Comprehensive Plan and the Township planning objectives. These personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Board of Supervisors or its designee.
B.
The Township Engineer shall review the application documents to determine compliance with this chapter, the Stormwater Management Ordinance [Chapter 26, Part 1] and any other applicable Township ordinances and regulations, Township construction standards and sound engineering practices. The Township Engineer shall prepare a written report of his findings and recommendations, which the Township Zoning Officer shall provide to the Board of Supervisors, the Planning Commission, the Township Solicitor and any other Township personnel or professional consultant as directed by the Board of Supervisors or its designee.
4.
Planning Commission Review and Recommendation.
A.
The Planning Commission shall review the final plan application and
associated documents and forward its recommendation to the Board of
Supervisors.
B.
If the plan is deemed to have outstanding comments or unaddressed
concerns, the applicant shall resubmit revised drawings, supporting
reports, documents and other similar material for review by the Township
staff, professional consultants and the Township Planning Commission.
C.
The Planning Commission shall make a written recommendation to the
Board of Supervisors for approval, approval with conditions or disapproval
of the final plan application.
5.
Board of Supervisors Action.
A.
The Board of Supervisors shall act upon the final plan application
no 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 meeting occur more than 30 days following the filing of
an administratively complete application, said ninety-day period shall
be measured from the 30th 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 shall be made a part of the record at the
said Board of Supervisors meeting.
B.
The Board of Supervisors shall not act on a final application unless
the Township has received written review of the application by the
County Planning Agency or its designee, or unless at least 30 calendar
days have passed since the date of referral to the County Planning
Agency.
C.
A letter indicating approval, approval with conditions or disapproval
shall be in writing and shall be communicated to the applicant personally
or mailed to him at his last known address within 15 calendar days
following the Board of Supervisors decision. If the final plan application
is not approved in terms as filed, the Board of Supervisors shall
specify the defects found in the final plan application and cite the
requirements of this chapter or other Township ordinances or statutes
that the applicant has not met, in accordance with the MPC.
D.
The applicant shall accept or reject the conditions attached to the
final plan approval by giving written notice to the Zoning Officer
within 30 calendar days of the date of the Board of Supervisors decision.
If the applicant fails to give written notice to the Zoning Officer
regarding acceptance or rejection of the conditions attached to final
approval within the required 30 calendar days, then the conditions
shall be deemed accepted by the applicant.
6.
Electronic Version of Approved Final Plan. Prior to the commencement
of any grading or construction activities, the developer shall provide
the Township with one electronic version/file of the Township-approved
final plan(s) in a Township compatible format.
7.
Final Plat Recordation.
A.
Upon approval of a final plat by the Board of Supervisors, the developer
shall within 90 days of such final approval or within 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 Recorder
of Deeds. The Allegheny County Recorder of Deeds shall not accept
any plat for recording unless such plat officially notes: (1) the
approval of the Board of Supervisors; and (2) the review of the Township
Planning Commission and the County Planning Agency; and the release
of the plat for recording by the Township Secretary.
B.
Failure of the developer to record the final plat within the time
period required by paragraph .A above shall render the final plan
approval null and void and shall require the developer to resubmit
the final plan application in accordance with the requirements of
this chapter, except that the Board of Supervisors may waive review
by the Township Planning Commission if the final plan application
is the same as originally approved.
C.
Prior to the release of the final plat for recording by the Township
Secretary, the developer shall provide the Township with a recording
deposit, in an amount established from time to time by resolution
of the Board of Supervisors, guaranteeing the developer's delivery
to the Township of the recorded plans and other documents required
by paragraph .D below.
D.
Upon recording of the final plat in the office of the Allegheny County
Recorder of Deeds, the developer shall deliver to the Township the
following:
(1)
Two paper prints of the final plat as recorded and certified
by the Allegheny County Recorder of Deeds.
(2)
One mylar of the final plat as recorded and certified by the
Allegheny County Recorder of Deeds.
(3)
One electronic version/file of the final plat in a Township-compatible
format as required by § 22-304.6 above.
E.
The final plat shall be recorded with the Allegheny County Recorder
of Deeds and proof of such recording provided to the Township as required
by paragraph .D above prior to:
[Ord. 147, 1/10/2008; as amended by Ord. 159, 4/6/2010, §§ 4-6]
1.
Revised Subdivision and/or Land Development Plans.
A.
Any replatting or resubdivision of recorded or unrecorded plans,
excluding lot grading plans in subdivisions, shall be considered as
a new application and shall comply with the requirements of this chapter,
except that plans may be changed provided that in making such changes:
(1)
No lot or tract of land shall be created that does not meet
the minimum design standards required by this chapter and other Township
ordinances and regulations.
(2)
No structure shall be relocated which does not meet the minimum
design standards required by this chapter and other Township ordinances
and regulations.
(3)
No increase is made in the overall density.
(4)
The stormwater management facilities are not altered in a manner
which affects the discharge of stormwater to an adjacent property
or significantly relocates a major stormwater management facility
within the project.
(5)
Street locations and block sizes shall not be changed.
(6)
The character and land use of the original application shall
be maintained.
B.
In every case where a plan alteration conforms to the above, the
applicant shall:
(1)
Submit to the Zoning Officer one black on white or blue on white
paper copy of the revised final plan and one application form. Upon
review of the revision, the Zoning Officer will advise the applicant
whether or not the revision complies with the above requirements.
(2)
If the revision complies with the above requirements, then the applicant shall prepare and submit the plan in accordance with the final plan requirements of § 22-304 of this chapter.
(3)
The plan shall be processed, reviewed and approved in accordance with the final plan procedures referenced in § 22-304 of this chapter.
(4)
Following approval by the Board of Supervisors, the plans shall
be recorded as specified in § 22-304.7 of this chapter.
2.
Minor Subdivisions or/and Minor Land Developments.
A.
Minor Subdivision. The developer of a minor subdivision, as defined by § 22-202, shall apply for and obtain simultaneous preliminary plan and final plan approval from the Board of Supervisors by following the procedures set forth in § 22-306 for the final plan approval provided that the combined preliminary/final plan complies with all requirements of § 22-403 with the exception of:
(1)
Existing contours under §§ 22-403.D and 22-402.D(1).
(2)
Wetlands locations under §§ 22-403.D and 22-402.D(4)(g).
(3)
Steep slope area locations under §§ 22-403.D
and 22-402.D(4)(h) provided that the following note is placed on the
plan:
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"No land development shall occur on the properties that are located within this subdivision until such time as the requirements of § 22-622 of Chapter 22 of the Frazer Township Code of Ordinances, Subdivision and Land Development, as amended (related to Steep Slope Areas) have been complied with in a manner acceptable to the Township."
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(4)
Vegetation and woodland preservation areas under §§ 22-403.D
and 22-402.D(4)(i) provided that the following note is placed on the
plan:
|
"No land development shall occur on the properties that are located Within this subdivision until such time as the vegetation and woodland preservation requirements of Chapter 27 of the Frazer Township Code of Ordinances, Zoning, as amended, have been complied with in a manner acceptable to the Township."
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B.
Minor Land Development. The developer of a minor land development, as defined by § 22-202, may proceed simultaneously for preliminary plan and final plan approval by following the procedures set forth in § 22-306 for the final plan approval provided that the combined preliminary/final plan complies with all requirements of §§ 22-402 and 22-403.
3.
Lot Line Revision Plan and Lot Consolidation Plan Approval. The developer of a lot line revision plan or a lot consolidation plan, as defined by § 22-202, shall apply for and obtain simultaneous preliminary plan and final plan approval from the Board of Supervisors by following the procedures set forth in § 22-304 for final plan approval provided that a lot line revision plan or a lot consolidation plan shall comply with all requirements of Part 4 for final plan applications with the exception of:
[Ord. 147, 1/10/2008]
[Ord. 147, 1/10/2008; as amended by Ord. 159, 4/6/2010, § 7]
1.
Waiver Application Requirements. Any request for a waiver or modification
of a provision of this chapter shall be submitted in writing as part
of an application for preliminary or final plan approval. The written
request shall include:
A.
The specific section of this chapter which is requested to be waived
or modified.
B.
The justification for the waiver, stating in full the grounds and
facts of unreasonableness or hardship on which the request is based.
C.
Provisions proposed as an alternate to the requirements.
D.
A plan prepared at least to the minimum standards of a sketch plan (see § 22-401), if determined necessary by the Township Zoning Officer or Township Engineer.
E.
Appropriate filing fee and deposit.
2.
Waiver Application Procedure.
A.
An application for a waiver shall be filed with the Zoning Officer,
on forms as prescribed by the Township, as part of an application
for preliminary or final plan approval and at least 25 days prior
to the regular meeting of the Planning Commission. The application
shall not be considered complete and properly filed unless or until
all items required by subsection .1 above, including the application
fee and deposit, have been received by the filing date.
B.
The Zoning Officer shall review the application to determine whether
all materials required by subsection .1 above and any other relevant
Township ordinances have been submitted by the applicant.
C.
Within five days of receipt of an administratively complete application,
the Zoning Officer shall submit one copy of the application and any
materials submitted therewith to the following entities for review:
the Township Solicitor; the Township Engineer; each member of the
Board of Supervisors; the County Planning Agency or its designee;
and any other appropriate Township personnel or professional consultant.
D.
The Zoning Officer shall submit one copy of an administratively complete
application and any materials submitted therewith to each member of
the Township Planning Commission by no later than the Friday prior
to the date of the regular meeting of the Planning Commission.
E.
Any revisions, supplements or amendments to an administratively complete
application shall be filed with the Zoning Officer at least 14 calendar
days prior to the date of the Planning Commission meeting in order
to be considered at that meeting, or at least 14 calendar days prior
to the date of the Board of Supervisors meeting in order to be considered
at that meeting.
3.
Township Staff Review.
A.
The Zoning Officer and any other Township personnel or professional consultant, as directed by the Board of Supervisors or its designee, shall review the waiver application documents to determine if they are in compliance with this chapter, the Zoning Ordinance [Chapter 27], and any other applicable Township ordinances or regulations. These personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Board of Supervisors or its designee.
B.
The Township Engineer shall review the application documents to determine compliance with this chapter, the Stormwater Management Ordinance [Chapter 26, Part 1], and any other applicable Township ordinances and regulations, Township construction standards and sound engineering practices. The Township Engineer shall prepare a written report of his findings and recommendations, which the Zoning Officer shall provide to the Board of Supervisors, the Planning Commission, the Township Solicitor and any other Township personnel or professional consultant as directed by the Board of Supervisors or its designee.
4.
Planning Commission Review and Recommendation.
A.
The Planning Commission shall review the waiver application and associated
documents and forward its recommendation to the Board of Supervisors.
B.
If the application is deemed to have outstanding comments or unaddressed
concerns, the applicant shall resubmit revised drawings, supporting
reports, documents and other similar material for review by the Township
staff, professional consultants and the Township Planning Commission.
C.
The Planning Commission shall make a written recommendation to the
Board of Supervisors for approval, approval with conditions or disapproval
of the waiver application.
5.
Board of Supervisors Action.
A.
The Board of Supervisors may approve a waiver application if the
applicant proves all of the following:
(1)
The literal enforcement of the subject section(s) of this chapter
will exact undue hardship because of peculiar conditions pertaining
to the land in question.
(2)
The waiver or modification of the subject section(s) of this
chapter will not be contrary to the public interest.
(3)
The purpose and intent of this chapter is observed.
(4)
An alternative proposal will allow for equal or better results
and represents the minimum modification necessary.
B.
In approving a waiver application, the Board of Supervisors may,
in its sole discretion, impose such reasonable conditions as it deems
necessary to secure the objectives and purposes of this chapter and
to protect the public interest. When a waiver is granted with conditions,
a statement of the approved waiver, including the imposed conditions,
shall be provided on the final plan.
C.
A letter indicating approval, approval with conditions or disapproval
shall be in writing and shall be communicated to the applicant personally
or mailed to him at his last known address.
[Ord. 147, 1/10/2008; as amended by Ord. 159, 4/6/2010, §§ 8,
38]
1.
Improvement Construction Plan Application. After an applicant has received official notification that the preliminary plan has been approved, the applicant may file an application for approval of an improvement construction plan in lieu of posting financial security with the Township under Part 5 hereof to guarantee the construction of the improvements required by this chapter. No construction may proceed until approval of the improvement construction plan is granted.
2.
Application Requirements. All improvement construction plan applications
shall include the following:
A.
Twelve copies of the improvement construction plan. All plans shall
be either black on white or blue on white paper prints.
B.
Three copies of all reports, notifications and certificates which
are not provided on the improvement construction plan.
C.
Three copies of a detailed narrative describing the proposed project
and what action is being requested from the Township.
D.
A completed application form and supplemental documents.
E.
The appropriate filing fee and deposit account.
3.
Plan Requirements. All improvement construction plans shall be prepared in conformance with the provisions of § 22-403 of this chapter, with the exception of §§ 22-403.F(2)(d) and 22-403.F(2)(f).
4.
Improvement Construction Plan Application Procedure.
A.
An application for approval of an improvement construction plan shall
be filed with the Zoning Officer, on forms as prescribed by the Township,
at least 25 days prior to the date of the regular meeting of the Board
of Supervisors. The application shall not be considered complete and
properly filed unless or until all items required by subsection .2
and .3 above, including the application fee and deposit, have been
received by the filing date.
B.
The Zoning Officer shall review the application to determine whether
all materials required by subsections .2 and .3 above and any other
relevant Township ordinances have been submitted by the applicant.
C.
Within five days of receipt of an administratively complete application,
the Zoning Officer shall submit one copy of the application and any
materials submitted therewith to the following entities for review:
the Township Solicitor; the Township Engineer; and any Township professional
consultant deemed necessary by the Township Secretary.
D.
Any plan revisions, supplements or other amendments to an administratively
complete application shall be filed with the Zoning Officer at least
14 calendar days prior to the date of the Planning Commission meeting
in order to be considered at that meeting, or at least 14 calendar
days prior to the date of the Board of Supervisors meeting in order
to be considered at that meeting.
E.
The improvement construction plan may be submitted in phases or sections
as shown on the approved preliminary plan and phasing schedule pursuant
to § 22-303.5.B of this chapter.
5.
Township Staff Review.
A.
The Township Zoning Officer and any other Township personnel or professional consultant, as directed by the Board of Supervisors or its designee, shall review the improvement construction plan application documents to determine if they are in compliance with this chapter, the Zoning Ordinance [Chapter 27], and any other applicable Township ordinances or regulations. These personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Board of Supervisors or its designee.
B.
The Township Engineer shall review the application documents to determine compliance with this chapter, the Township Stormwater Management Ordinance [Chapter 26, Part 1], and any other applicable Township ordinances and regulations, Township construction standards and sound engineering practices. The Township Engineer shall prepare a written report of his findings and recommendations, which the Township Zoning Officer shall provide to the Board of Supervisors, the Township Solicitor and any other Township personnel or professional consultant as directed by the Board of Supervisors or its designee.
6.
Board of Supervisors Action.
A.
The Board of Supervisors shall act upon the improvement construction
plan application no later than 90 days following the regular meeting
of the Board of Supervisors next following the date of filing of an
administratively complete application; provided, that should the next
said Board of Supervisors meeting occur more than 30 days following
the filing of an administratively complete application, said ninety-day
period shall be measured from the 30th day following the date of filing
of the administratively complete application. The report of the Township
Engineer shall be made a part of the record at the said Board of Supervisors
meeting.
B.
A letter indicating approval, approval with conditions or disapproval
shall be in writing and shall be communicated to the applicant personally
or mailed to him at his last known address within 15 calendar days
following the Board of Supervisors decision. If improvement construction
plan application is not approved in terms as filed, the Board of Supervisors
shall specify the defects found in the improvement construction plan
application and cite the requirements of this chapter or other Township
ordinances or statutes that the applicant has not met, in accordance
with the MPC.
C.
The applicant shall accept or reject the conditions attached to the
improvement construction plan approval by giving written notice to
the Zoning Officer within 30 calendar days of the date of the Board
of Supervisors decision. If the applicant fails to give written notice
to the Zoning Officer regarding acceptance or rejection of the conditions
attached to the improvement construction plan approval within the
required 30 calendar days, then the conditions shall be deemed accepted
by the applicant.
D.
If the Board of Supervisors approves the improvement construction
plan application subject to certain conditions, then the developer
shall commence construction of the improvements until all such conditions
are addressed and complied with in a manner acceptable to the Township
and he has received the necessary Township authorization to commence
construction.
7.
Improvement Construction Plan Certificate and Construction Authorization.
After the Board's approval of the improvement construction plan
and the required changes, if any, are made, the applicant shall proceed
to prepare three plans which shall be either (i) black ink on tracing
cloth or (ii) transparent reproductions of the original plan with
black line on cloth or stable plastic base film. These plans shall
be certified in the following manner:
A.
Both improvement construction plans shall be presented to the Board
for the signature of the Chairman, or his designee, as attested by
the Township Secretary.
B.
Approval and certification of an improvement construction plan shall
not constitute final plan approval of the proposal, nor shall this
plan be recorded with the Recorder of Deeds, but shall, when combined
with the necessary municipal and/or Commonwealth approvals and permits,
grant the authority to install the improvements required as part of
this chapter.
C.
Following the Township's certification of the improvement construction
plan, two copies of the plan will be retained by the Township and
the remaining copy will be available to the firm which prepared the
plan.
D.
Improvement construction plan approval will be effective for a five-year
period from the date of the Board's approval of the preliminary
plan. Construction must be completed and a final plan application
must be submitted within five years of the preliminary plan approval
or else the plan approval will become null and void.
8.
Completion of Improvements. Upon completion of the improvements required
by this chapter, the applicant may proceed to submit a final plan
and application which shall include notice of approval of the improvements
by the authority which is to accept the improvement.
[Ord. 147, 1/10/2008]
1.
Prior to the granting of final approval, the developer shall either
complete all improvements required by this chapter or deliver to the
Township performance security in the amount of 110% of the cost to
complete all improvements required by this chapter, estimated as of
90 days following the date scheduled for completion by the developer.
Annually, the Township may adjust the amount of the performance 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 said adjustment, the Township may require the developer to post
additional security in order to assure that the performance security
equals 110%. Any additional security shall be posted by the developer
in accordance with this section.
2.
The amount of performance security required shall be based upon an
estimate of the cost of completion of the required improvements, submitted
by the developer and prepared by a professional engineer licensed
as such in the Commonwealth 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 developer and the Township are unable to agree
upon the estimate, then the estimate shall be recalculated and recertified
by another professional engineer licensed as such in this Commonwealth
and chosen mutually by the Township and the developer: 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 developer.
3.
If the developer requires more than one year from the date of posting
of the performance security to complete the required improvements,
the amount of the performance security may be increased by an additional
10% for each one-year period beyond the first anniversary date from
posting of the performance security or to an amount not to exceed
110% of the cost of completing the required improvements as re-established
on or about the expiration of the preceding one-year period by using
the above procedure.
[Ord. 147, 1/10/2008]
1.
Prior to a developer and/or landowner commencing grading or construction
activities related to a subdivision and/or land development, the Board
of Supervisors shall require that the developer and/or landowner execute
a development agreement, 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.
2.
A standard form development agreement may be adopted from time to
time by resolution of the Board of Supervisors.
3.
The development agreement shall be executed, the required performance
security shall be posted and all required fees shall be paid to the
Township before the Township Secretary shall affix his or her signature
and the Township seal to the final plat for recording purposes.
[Ord. 147, 1/10/2008]
Approval of final plats by the Township Board of Supervisors
shall not be binding if County, State or Federal agencies find just
cause to disapprove the development. It shall be the developer's
responsibility to obtain all necessary approvals from County, State
or Federal agencies.
