[Ord. 2014-01, 1/6/2014]
1.
This Part provides an overview of the general procedures for the
application, submission, review and the approval of proposed subdivision
and/or land development plans within Douglass Township.
2.
All subdivision and/or land development plans within the corporate
limits of Douglass Township shall be reviewed by the Douglass Township
Planning Commission, the Berks County Planning Commission and other
Township, state or county officials/agencies as deemed necessary,
and shall be approved or disapproved by the Douglass Township Board
of Supervisors in accordance with the procedures specified within
this chapter.
3.
For all proposed subdivision and/or land development plans, except those exempted from standard procedures, a sketch plan (recommended but not required), preliminary plan and final plan must be submitted to the Township for review and approval. Those plans exempted from this standard procedure shall comply with the procedures identified under § 22-306 of this chapter.
4.
Whenever the Zoning Ordinance [Chapter 27] provides that the use proposed by the applicant for subdivision and/or land development approval shall constitute a use by special exception or conditional use, the applicant shall obtain such special exception or conditional use approval from the Zoning Hearing Board or the Board of Supervisors, as applicable, prior to the submission of the preliminary plans. The plan shall be designed and developed in accordance with any conditions which have been imposed upon the grant of such special exception or conditional use.
5.
Whenever the applicant proposes to develop a subdivision and/or land development in a manner that would require a variance from any requirement of the Zoning Ordinance [Chapter 27], the applicant shall identify on the submitted plan the specific variance(s) needed. Any approval of the preliminary plan by the Township will require securing of the needed variance(s) from the Zoning Hearing Board and having the plan reflect any conditions which have been imposed upon the grant of such variance(s) by the Zoning Hearing Board prior to Township approval of the preliminary plan.
6.
Whenever all or a portion of the land contained within an application
for subdivision and/or land development approval constitutes all or
a portion of land included in a prior subdivision and/or land development
plan approved by the Township and recorded in the Office of the Recorder
of Deeds in and for Berks County, Pennsylvania, the plan shall comply
with all conditions, restrictions and notes imposed on the prior approval
and/or included upon the recorded subdivision and/or land development
plan. The applicant shall identify all prior recorded subdivision
and/or land development plans of which all or a portion of the land
contained in the plan was a part and all conditions, restrictions
and notes which affect the current application. Failure to identify
all applicable conditions, restrictions and notes of record on prior
plans constitutes a violation of this chapter. The applicant shall
submit with the application for preliminary plan approval a statement
identifying the prior plans reviewed; conditions, restrictions and
notes which would impact development in accordance with the plan for
which approval has been requested; and an explanation of the manner
in which the proposed plan has been designed to comply with such conditions,
restrictions and notes. This information shall be signed by the applicant
or the applicant's engineer or landscape architect.
[Ord. 2014-01, 1/6/2014]
1.
The Douglass Township Board of Supervisors shall have jurisdiction
of subdivision and/or land development within the Township limits.
In order to assist the Board of Supervisors in its consideration of
subdivision and/or land developments, the Board of Supervisors hereby
decrees that the Douglass Township Planning Commission shall serve
the following functions:
A.
All plans proposing subdivision and/or land development, upon submission
to the Township, shall be referred to the Planning Commission for
review.
B.
The Planning Commission shall make recommendations to the Board of
Supervisors concerning approval, conditional approval, or disapproval
of such plans.
C.
The Planning Commission shall also make recommendations to the Board
of Supervisors concerning any written waivers of the requirements
of this chapter requested by the applicant.
2.
The Douglass Township Board of Supervisors shall consider the recommendations
offered by the Planning Commission prior to taking action on any proposed
subdivision and/or land development plan.
[Ord. 2014-01, 1/6/2014]
1.
Sketch Plan Submission.
A.
A sketch plan, which is recommended but not required, shall be considered
as an unofficial submission to the Township for the purpose of informal
review and discussion between the applicant and the Township.
B.
Sketch plan submissions are highly recommended for the purpose of conceptual review and to consult with the Township prior to formal application. For maximum usefulness, sketch plans should contain the information listed in § 22-402. (Note: the use of the sketch plan process is highly recommended to all applicants as a means to identify development issues prior to expenditure of monies for detailed surveying and engineering required for the preliminary plan stage.)
2.
Sketch Plan Review.
A.
An applicant submitting a sketch plan shall meet with the Planning Commission and/or Township officials to informally discuss the conceptual suitability of the proposed subdivision/development, its relationship to existing streets and utilities, the proposed arrangement and density of the development, and the compatibility of the proposed plan with the Township Zoning Ordinance [Chapter 27] and Comprehensive Plan. Such meeting may be part of the regular monthly meeting of the Planning Commission or at one of the monthly Township staff workshop meetings.
B.
Should the applicant desire to have a more detailed review of the
sketch plan conducted by the Township Engineer with written review
comments to be provided to the applicant, they may elect to do so
by completing the Township's subdivision and/or land development
application, designating their preference for a written review by
the Township Engineer and paying the associated review fee.
C.
As the sketch plan process is informal only and not mandatory, no
formal approval actions shall be taken or required by the Township
at the completion of any sketch plan discussion/review.
[Ord. 2014-01, 1/6/2014]
1.
Preliminary Plan Submission.
A.
The preliminary subdivision and/or land development plan shall be prepared in accordance with the requirements set forth in § 22-403.
B.
The applicant shall complete and sign the application form provided
by the Township and shall accompany such application form with the
type and number of plans, documents, and other submissions required
and the appropriate filing fee(s). The applicant must identify the
name, address, and telephone number of the record holder of legal
title to the land involved (if different from the applicant) the nature
of the applicant's interest in the land (whether holder of legal
or equitable title or otherwise), and the name, address and telephone
number of the agent, if any. No application shall be deemed filed
unless all requirements have been met and all fees therefor paid in
full.
C.
Ten complete sets of the plans forming preliminary plan and four
neatly bound, clear, and legible copies of all required documents
and other submissions shall be submitted to the Township to be distributed
along with copies of the application form. Additionally, one electronic
copy of the plan in PDF format on CD/DVD shall also be submitted.
D.
The preliminary plan with the application for subdivision and/or
land development along with the preliminary plan submission checklist,
shall be submitted at least 14 days (two weeks) prior to the regular
monthly public meeting of the Township Planning Commission at which
the final plan is to be accepted for review.
E.
The applicant shall notify the abutting property owners by certified
mail that a preliminary plan is to be reviewed. Evidence of such notification
shall be presented to the Planning Commission at the meeting.
F.
The applicant shall post written notice of the application on the
affected tract of land at least 48 hours prior to preliminary plan
review by the Planning Commission. The written notice shall state
the following: "This property is the subject of a subdivision and/or
land development application: which will be discussed at the next
Planning Commission meeting scheduled for __________." This notice
shall be printed on a thirty-six-inch by twenty-four-inch sign of
the type utilized for real estate sales. The expense of printing such
notice shall be borne by the applicant. The notice must be posted
by the applicant on the property in such location(s) to be clearly
visible from each adjacent roadway(s) and must remain on the property
throughout the duration of the land development and/or subdivision
process. Proof of posting by means of a dated photograph of the erected
notice must be provided by the applicant to the Township prior to
preliminary plan review by the Planning Commission.
G.
All submissions shall be accompanied by the proper application forms,
letter(s) of transmittal and review fees as determined by the Township.
H.
The applicant will be responsible for submitting and distributing
the proposed plan to the Berks County Conservation District, and all
non-Township pertinent reviewing bodies, as specified by this chapter
or required by law (i.e., Pennsylvania Department of Transportation
(PennDOT), Pennsylvania Department of Environmental Protection (PADEP),
US Army Corps of Engineers (USCOE), etc.)
I.
No application shall be deemed filed and accepted for review until
all supplementary data, reports and studies as may be required under
this chapter have been received, application fees have been paid in
full, and any other requirements for submission specified herein have
been met. The applicant shall complete and sign the preliminary plan
submission checklist to assist in determining plan completeness.
J.
Submissions will be formally accepted for review by the Township
at the next regularly scheduled monthly meeting of the Douglass Township
Planning Commission, at which time the ninety-day time period for
review will start.
K.
When submission of revised preliminary plans are being made by the
applicant, the applicant shall include a response letter to the previous
Township review comment letter which specifically discusses the applicant's
response to the specific review comments. Additionally, one complete
plan set should be submitted with all plan changes (revisions, additions,
corrections, etc.) highlighted in order to facilitate the review process.
2.
Preliminary Plan Review.
A.
The Planning Commission shall review the preliminary plan at its
regular monthly public meeting and discuss the plan(s) with the applicant,
if he is in attendance, to determine if the plan meets the regulations
and standards set forth in this chapter and the other Township ordinances,
codes, regulations, plans, and maps.
B.
When a preliminary plan has been officially accepted for review by
the Township, the applicant shall provide the Township two complete
copies of the proposed plan and appropriate application form and county
review fee for the Township to process and forward to the Berks County
Planning Commission for its review and comment. Failure of the Berks
County Planning Commission to act within 30 days shall constitute
a waiver of its right to review the plan as submitted, and the Township
may officially act on the basis of such a waiver.
C.
The Township Zoning Officer shall review the preliminary plan to determine its conformance to the Zoning Ordinance [Chapter 27]. The report from the Zoning Officer shall be in writing and shall be submitted to the Township Planning Commission prior to the regularly scheduled or special meeting at which the preliminary plan is to be reviewed by the Planning Commission.
D.
For residential developments, a copy of the preliminary plan shall
be submitted to the Township Park and Recreation Board for its review
and comment on issues of land dedication and/or fee-in-lieu, as well
as general recreation issues. The comments of the Park and Recreation
Board should be submitted in writing to the Planning Commission.
E.
During the course of the Planning Commission's review of the
preliminary plan and prior to any action by the Board of Supervisors
within the required ninety-day review period, the preliminary plan
may be revised by the applicant. The applicant shall submit the same
number of revised plans and other submissions, and shall note the
dates of any and all revisions and a summary of the nature thereof.
Upon the submission of the revised preliminary plan, which shall not
be comprised of any plans, documents, or other submissions theretofore
submitted, unless the Planning Commission specified to the contrary,
the applicant shall sign a statement withdrawing any previously submitted
preliminary plan from consideration and shall stipulate that a new
ninety-day review period shall commence from the date of the Planning
Commission's meeting next following the filing of the revised
preliminary plan. The revised preliminary plan shall be submitted
to the Township. The revised preliminary plan shall be distributed
by the Township on the basis as set forth in this chapter.
F.
After a report on the preliminary plan has been submitted to the
Board of Supervisors by the Planning Commission, the Board shall place
such preliminary plan on its agenda for review and action.
G.
Before acting on any preliminary plan, the Board of Supervisors or
the Planning Commission may hold a public hearing thereon after public
notice.
H.
The Board of Supervisors shall not take formal action on preliminary
plan application until the report from the Berks County Planning Commission
has been received or until the expiration of 30 days from the date
the application was forwarded to the County for review.
I.
In acting upon the preliminary plan, the Board shall review the report
and/or written comments of the Planning Commission, Township Engineer,
and County agencies, and comments from public hearings, if any to
determine its conformance to this chapter and all other Township ordinances,
codes, regulations, plans, and maps. The Board may modify any subdivision
or land development plan requirement upon the recommendations of the
Planning Commission, and may specify conditions, changes or additions
thereto, which it deems necessary. Further, the Board may make its
decision to grant approval of a preliminary plan subject to conditions,
changes or additions; in the case where the Planning Commission has
concluded that the preliminary plan meets all requirements of a final
plan, then upon the recommendation of the Planning Commission the
Board of Supervisors may consider the preliminary plan as a final
plan and may act thereupon accordingly.
J.
The Board of Supervisors shall render a decision on every preliminary
plan and communicate it to the applicant not later than 90 days following
the date of the regular monthly public meeting of the Planning Commission
next following the date of the complete application is filed, provided
that should the Planning Commission meeting occur more than 30 days
following the filing of such application, the said ninety-day period
shall be measured from the 30th day following the day the complete
application has been filed. This review period may be extended by
grant of the applicant, subject to acceptance by the Township. The
applicant's grant of time extension shall be on a form provided
by the Township.
K.
The decision of the Board of Supervisors shall be in writing and
shall be communicated to the applicant personally or mailed to the
applicant at the address shown on the application form not later than
15 days following the decision, or at the end of the above-mentioned
ninety-day review period, whichever shall occur first.
L.
In the event the preliminary plan is not approved in terms as filed,
the decision shall specify the defects found in the preliminary plan
for subdivision and/or land development and describe the requirements
which have not been met and shall, in each case, cite to the provisions
of the statute or ordinance relied upon.
M.
In the case of a preliminary plan calling for the submission of the
final plan in phases, a phasing plan and associated time schedule
shall be part of the preliminary plan submission delineating all proposed
phases as well as deadlines within which applications for final plan
approval of each phase are intended to be filed. Each phase in any
residential subdivision or land development, except the last phase,
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 Township. Such schedule shall be updated annually
by the applicant on or before the anniversary of the preliminary plan
approval, until final plan approval of the final phase has been granted
and any modification in the aforesaid schedule shall be subject to
approval of the Township.
N.
Approval or approval with conditions of a preliminary plan shall not constitute approval of the final plan. Rather, it shall be deemed an expression of approval of the layout shown on the preliminary plan as a guide to the preparation of the final plan. The final plan must also be reviewed and approved by the Township as outlined under § 22-305 of this chapter.
[Ord. 2014-01, 1/6/2014]
1.
Final Plan Submission.
A.
The final subdivision and/or land development plan shall be prepared in accordance with the requirements set forth in § 22-404 pertaining to final plan requirements.
B.
Within one year after the date of approval of the preliminary plan,
unless a greater time period has been established as a condition of
preliminary plan approval, the applicant shall file a final plan and
all supplementary information, data, and documents together with a
completed and signed application form provided by the Township and
the appropriate filing fees. No such application shall be deemed filed
unless all requirements have been met and all fees therefor paid in
full.
C.
Unless an extension of time has been granted by the Board of Supervisors
upon written request of the applicant, a final plan filed after the
one-year period shall be considered a new preliminary plan which shall
be required to comply with all preliminary plan application procedures
and requirements of this chapter, and shall be subject to a preliminary
plan application fee.
D.
The final plan shall conform in all respects to the preliminary plan
as previously reviewed, and to which approval was granted, or the
plan shall be considered as a new preliminary plan.
E.
Ten copies of the plans, documents, and four other submissions comprising the final plan shall be filed with the Township who shall distribute copies of the final plan along with copies of the application form to those who also received the preliminary plan as set forth in § 22-304 herein, provided that the required review fees and have been filed therewith. Additionally, one electronic copy of the plan in PDF format on CD/DVD shall also be submitted.
F.
The final plan with the application for subdivision and/or land development
along with the final plan submission checklist, shall be submitted
at least 14 days (two weeks) prior to the regular monthly public meeting
of the Township Planning Commission at which the final plan is to
be accepted for review.
G.
No application shall be deemed filed and accepted for review until
any supplementary data, reports and studies as may be required by
this chapter have been received, application fees have been fully
paid, and any other requirements for submission specified herein have
been met. The applicant shall complete and sign the final plan submission
checklist to assist in determining plan completeness.
H.
At the discretion of the Township, additional copies of the proposed
final plan may be requested from the applicant for review and comment.
I.
When submission of revised final plans are being made by the applicant,
the applicant shall include a response letter to the previous Township
review comment letter which specifically discussed the applicant's
response to the specific review comments. Additionally, one complete
plan set should be submitted with all plan changes (revisions, additions,
corrections, etc.) highlighted in order to facilitate the review process.
2.
Final Plan Review.
A.
The Township Engineer and Township Zoning Officer shall review the proposed final plan to determine its conformance with the Zoning Ordinance [Chapter 27] and this chapter. They may recommend changes, alterations or modifications, as they may deem necessary for compliance with Township requirements. The report(s) shall be in writing and shall be submitted to the Planning Commission prior to the regularly scheduled or special meeting at which the final plan is to be reviewed.
B.
For final plans which propose new recreation facilities as part of
the development, a copy of the final plan shall be submitted to the
Township Park and Recreation Board for its review and comment on issues
of land dedication and/or fee-in-lieu, as well as general recreation
issues. The comments of the Park and Recreation Board should be submitted
in writing to the Planning Commission.
C.
If required by the Township, as in the case of a minor subdivision
or revision to a record plan, the applicant shall provide the Township
two complete copies of the proposed plan and appropriate application
form and county review fee for the Township to process and forward
to the Berks County Planning Commission for its review and comment.
Failure of the Berks County Planning Commission to act within 30 days
shall constitute a waiver of its right to review the plan as submitted,
and the Township may officially act on the basis of such a waiver.
D.
When a final plan has been officially accepted by the Township, such
plan shall be reviewed by the Douglass Township Planning Commission
at its next regularly scheduled meeting. During the review of the
final plan, the Planning Commission shall consider the written reports,
if any, of the Township Engineer, Township Zoning Officer, Park and
Recreation Board, Township Solicitor, the Berks County Planning Commission,
and any other designated agencies or authorities, before rendering
its final decision on the proposed final plan.
E.
During the course of the Planning Commission's review of the
final plan and prior to any action by the Board of Supervisors within
the required ninety-day review period, the final plan may be revised
by the applicant. Upon submission of a revised plan containing substantial
or material revisions, a new ninety-day time period for formal review
and notification shall commence from the date of submission of the
revised plan, unless another time period for the review of the plans
is agreed upon by the parties.
3.
Final Plan Approval.
A.
After a report on the final plan has been submitted to the Board
of Supervisors by the Planning Commission, the Board shall place such
final plan on its agenda for review and action.
B.
Before acting on any final plan, the Board of Supervisors or Planning
Commission many hold a public hearing thereon after public notice.
C.
In acting upon the final plan, the Board shall review the report
and/or written comments of the Planning Commission, Township Engineer,
and County agencies, and comments from public hearings, if any, to
determine its conformance to all Township ordinances, codes, regulations,
plans, and maps and either approve or disapprove the final plan.
D.
The Board of Supervisors shall render a decision on the final plan
and communicate it to the applicant not later than 90 days following
the date of the regular monthly public meeting of the Planning Commission
next following the date the complete application was filed; provided,
that should the said meeting occur more than 30 days following the
filing of the complete application, the said ninety-day review period
shall be measured from the 30th day following the day the complete
application was filed. This review period may be extended by grant
of the applicant, subject to acceptance by the Township. The applicant's
grant of time extension shall be on a form provided by the Township.
E.
All pertinent agreements, contracts, fees and contributions shall
be satisfactorily completed, paid and/or executed by the applicant
prior to municipal approval. Failure to comply will delay municipal
approval and the release of the plans for recording.
F.
The decision of the Board of Supervisors shall be in writing and
any conditions for approval must be clearly stated and shall be communicated
to the applicant personally or mailed to the applicant at the address
shown on the application form not later than 15 days following the
decision, or at the end of the above-mentioned ninety-day review period,
whichever shall occur first.
G.
In the event the final plan is not approved in terms as filed, the
decision shall specify the defects found in the final plan and describe
the requirements which have not been met and shall, in each case,
cite to the provisions of the statute or ordinance relied upon.
H.
Every final plan approval shall be subject to the following conditions.
(1)
The applicant shall execute a subdivision and land development agreement in accordance with § 22-310 herein.
(2)
The applicant shall execute a completion guarantee in accordance with § 22-602 herein, where deemed applicable by the Board of Supervisors.
(3)
The applicant shall tender a deed of dedication to the Township,
if requested by the Board of Supervisors, for public improvements,
easements, and other appurtenances and improvements thereto, after
such improvements are completed and such completion is certified by
the Township Engineer.
(4)
The filing with the Township copies of all required permits,
approvals, agreements, clearances, and the like from all required
governmental agencies (such as the Pennsylvania Department of Transportation,
the Pennsylvania Department of Environmental Protection, and/or Berks
County Conservation District), authorities (such as any municipal
authorities) and companies (such as water companies or pipeline easement
holders).
[Ord. 2014-01, 1/6/2014]
1.
Annexation Plans.
A.
Where the sole purpose of the proposed plan is to annex a lot or
parcel or portion thereof to an adjacent lot or parcel, the applicant
may submit a final plan to the Township for review, comment and approval.
B.
The proposed plan shall indicate that the purpose of the plan is
for annexation purposes only. No new building lots are to be proposed
as a result of this plan.
D.
Annexation plans shall include a signature block for both the property
owner of the land to be subdivided as well as for the owner of the
property receiving the annexation parcel.
E.
Draft deed(s) of consolidation shall be submitted for Township review
and approval prior to their recording with the recording of the approved
annexation plan.
2.
Minor Subdivision.
A.
Where the sole purpose of the proposed plan is to create no more
than three residential parcels, lots, or tracts on land from the original
tract of land and has adequate frontage on an improved public road,
the applicant may submit a final plan to the Township for review,
comment and approval.
3.
Revised Plan of Record. Any revision, re-platting or re-subdivision
of land which includes changes to a recorded plan shall be considered
a subdivision and shall comply with all regulations within this chapter,
except that:
A.
Lot lines may be changed from those on a recorded plan, provided
that in making such changes:
(1)
No lot or tract of land shall be created or sold that is smaller than the minimum dimensions required by the zoning district within which the lot is property is located, per the Zoning Ordinance [Chapter 27].
(2)
Easements or rights-of-way shall not be changed.
(3)
Street locations and block sizes shall not be changed.
(4)
No lot shall be created which does not abut an existing or proposed
street.
(5)
Open space and recreational areas shall not be reduced.
B.
In every case wherein lot lines are changed as permitted above, the
applicant shall:
(1)
Prepare and submit a revised plan of record to the Township for review, comment and approval. The revised plan of record shall be prepared and submitted as a final plan in accordance with § 22-404 of this chapter.
(2)
The revised plan of record shall specifically identify the previous
plan of record superseded, shall also contain the record references,
and contain a note as to the changes from the previous record plan.
[Ord. 2014-01, 1/6/2014]
Unless specifically stated within this chapter, a "land development
plan" shall comply with the standard preparation, submission, review
and approval procedures of this chapter, excepting that should a preliminary
land development plan be found to be in compliance with all zoning
and subdivision and land development requirements and all outside
permits have been secured, the Planning Commission may consider recommending
a "preliminary/final plan approval" to the Board of Supervisors.
[Ord. 2014-01, 1/6/2014]
1.
The Douglass Township Board of Supervisors has established by resolution
a schedule of fees and a collection procedure for all applications
and other matters pertaining to this chapter. Submission of a plan
by an applicant constitutes the applicant's acknowledgment and
consent to the provisions of the resolution.
2.
The applicant is also required to pay any review fees required by
any non- Township reviewing/approval agency such as the Berks County
Planning Commission, the Berks County Conservation District, and any
other local, state and federal reviewing authority or agency whose
review/approval of the proposed subdivision and/or land development
plan is required by this chapter or by law.
3.
The applicant shall pay to the Township the appropriate nonrefundable
filing fee, and an escrow deposit in accordance with the resolution
prior to:
A.
Filing an informal sketch plan for which the applicant is requesting
a review or comment letter by the Township and the Township consultants.
B.
Filing a preliminary plan.
C.
Filing a final plan (annexation plan, minor subdivision or revised
record plan).
|
The proposed application shall not be considered by the Township
until all initial fees, costs, and escrow deposits are paid. Thereafter,
as the escrow deposit is expended, the applicant shall make further
deposits upon request notice from the Township.
|
4.
Invoices and request notices for additional deposits shall be submitted
to the applicant on a thirty-day, monthly basis. All outstanding review
fees, costs, and escrow deposits shall be paid to the Township upon
applicant's receipt of the invoice and/or notice. If the review
fees and/or deposits are not paid at the time of the next submission
and/or plan stage, the subdivision and/or land development plan will
not be considered by the Township, unless the unpaid fees were disputed
by the applicant within 100 days of their billing date.
5.
Subsequent to a decision by the Township on an application, the Township
shall submit to the applicant an invoice specifically designated as
a final bill. The final bill shall include all fees and for work performed
to date, excluding the filing of the final approved plan with the
Recorder of Deeds. At that time, any deposit remaining in the escrow
account of the applicant with the Township, not needed to pay the
final bill, should be refunded to the applicant. If for any reason
additional review is required subsequent to the final bill, the fees
and costs shall be charged to the applicant as a supplement to the
final bill.
[Ord. 2014-01, 1/6/2014]
1.
The Board of Supervisors may grant a modification (waiver) of the
requirements of one or more provisions of this chapter if the literal
compliance with mandatory provisions is shown to the satisfaction
of the Township to be unreasonable or cause undue hardship because
of peculiar conditions pertaining to the land in question, provided
that such modification will not be contrary to the public interest,
that the purpose and intent of the ordinance is observed, and when
an alternative standard can be demonstrated to provide equal or better
results.
2.
All requests for a modification (waiver) shall be in writing and
shall accompany and be part of the application for development. The
request shall state in full the grounds and facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of the ordinance involved and the minimum modification necessary.
3.
The request for modification (waiver) shall be referred to the Planning
Commission for advisory comments and recommendations.
4.
Any modifications (waivers) granted by the Board of Supervisors shall
be included in a note on the Title Sheet of the final plan identifying
the specific waiver and the date granted.
[Ord. 2014-01, 1/6/2014]
1.
Every applicant who seeks to obtain final plan approval shall execute an agreement upon a form to be provided and approved by the Township before the final plan is signed by the Board of Supervisors, and recorded in accordance with § 22-311, herein, respectively. The agreement shall include but not be limited to the following, where applicable:
A.
That the applicant agrees that he will accurately lay out and properly construct all improvements and fulfill all practices according to the plans, profiles, notes and other forms of documentation filed as part of the final plan as approved, where any or all of these improvements or practices are required as conditions of approval; and, that the applicant will find an as-built plan in accordance with § 22-312 herein to confirm same.
B.
That the applicant shall complete the improvements and engage in
the practices as referenced in paragraph .A herein within the time
or times specified by the Board of Supervisors.
C.
That the applicant guarantees completion and maintenance of all improvements
by means of acceptable forms of financial security to the Township
as set forth in this chapter.
D.
That the applicant agrees to tender a deed of dedication to the Township,
if requested by the Board of Supervisors, for public improvements,
easements and other appurtenances and improvements thereto, except
that the Township shall not accept any offer of dedication of same
by ordinance or resolution until their completion is certified as
being satisfactory by the Township Engineer.
E.
That the applicant shall comply fully with all of the terms and conditions
of the chapter as the same relate to the subdivision or land development
and all other Township ordinances, codes, regulations, plans, and
maps.
F.
That the applicant, in the event that any proposed street not be
intended to be offered for dedication or not accepted by the Board
of Supervisors, accept stipulations which shall be noted on the final
plan, such as the following:
(1)
That the Township shall not be responsible for repairing, snow
removal or otherwise maintaining any undedicated streets.
(2)
That the method of assessing repair and maintenance costs of
undedicated streets shall be established in recorded deed restrictions
so as to be binding on all successors, assigns, or grantees.
(3)
That if the dedication be sought at any time, the street shall
conform in its entirety to Township design standards for same in all
respects; or, that the owners of the lots shown on the approved plan,
at their own expense, restore the street to conform with or otherwise
render the street in conformance such standards.
[Ord. 2014-01, 1/6/2014]
1.
Within 90 days upon satisfaction of all plan approval conditions/requirements,
the signed and sealed final plan (annexation plan, minor subdivision
or revision to record plan) will be endorsed by the Township and made
ready for recording with the Berks County Recorder of Deeds. The recording
of the approved plan will be made by Township staff. The applicant
will be responsible to provide the Township with a check for the recording
fee to be payable to the "Berks County Recorder of Deeds." After the
recording, the Township will retain four copies of the certified record
plan. Any remaining additional certified copies will be provided to
the applicant.
2.
Notice to School District. Upon final approval of a residential development,
Douglass Township staff shall notify in writing the Superintendent
of the Boyertown Area School District within which Douglass Township
is located. The notice is to be provided on a monthly basis for all
plans approved during the previous month. The notice shall include,
but not be limited to the location of the development, the number
and type of units to be included in the development, and the expected
construction schedule of the development.
3.
The final plan to be recorded shall be an exact counterpart of the
approved final plan prepared in accordance with the provisions of
this chapter and shall be filed with the Recorder of Deeds before
proceeding with the sale of lots or construction of buildings or other
structures, or improvements.
[Ord. 2014-01, 1/6/2014]
2.
The as-built plan shall indicate that the resultant grading, drainage,
and sedimentation and erosion control practices are in conformance
with the previously approved drawings and specifications. Said plan
shall note any and all deviations from the previously approved drawings
and specifications.
3.
Two hard copies of the as-built plans along with one electronic copy
shall be submitted to the Township for its files.
