A.
The procedures established in this article are intended
to define the steps by which an applicant shall design, make application,
record plats, and construct improvements and by which the Township
Planning Commission may review and Board of Supervisors shall approve
or disapprove plans and otherwise administer these regulations.
B.
For all subdivision and land development applications,
a preliminary plan and final plan procedure is provided. It is at
the discretion of the applicant to submit either a preliminary plan
followed by a final plan or a combined preliminary/final plan. However,
submission of the preliminary/final plan excuses the applicant from
submitting a separate preliminary plan and stands as both a preliminary
and final plan. All preliminary/final plans must conform to all preliminary
and final plan processing procedures and content requirements. Plans
must be clearly labeled "PRELIMINARY/FINAL PLAN." Provisions are also
provided for the submission of sketch plans for informal review by
the Township.
A.
Prior to the formal submission of a subdivision or land
development plan, the applicant is urged to submit a sketch plan to
the Township Planning Commission for advice on the requirements necessary
to achieve conformity to the standards of these regulations as well
as to alert the applicant as early as possible to factors which must
be considered in the design of a subdivision or land development,
such as pertinent elements of any county or Township land use, thoroughfare
or other community plans. Review of a sketch plan is not required
and is only an informal, advisory process to guide the applicant with
the eventual preparation of a formal preliminary or final plan, as
applicable.
B.
Sketch plans should be accompanied by a letter of transmittal
and a project narrative necessary to explain existing or proposed
site conditions which are not self-explanatory on the actual sketch.
C.
Application. The applicant, 14 days prior to the meeting
of the Planning Commission at which review of the sketch plan is desired,
shall file with the Zoning Officer 10 copies of a sketch plan of the
proposed subdivision or land development and other applicable maps,
information and data. The Township staff, Township Engineer, County
Planning Commission and other departments or agencies will not provide
a formal review of the plan and issue written comments but merely
provide a general overview and provide commentary at the Planning
Commission meeting at which the plan is being discussed.
A.
Application. A plan clearly labeled "PRELIMINARY PLAN" complying with the requirements of Article IV shall be prepared for each subdivision or land development and submitted to the Township in the form of 16 paper prints no greater than 24 inches by 36 inches sheets. In addition, two copies of all applicable supplementary data, plans and reports; four copies of the completed Sewage Facilities Planning Module; one correct and complete Application for Subdivision and Land Development Review Form and Subdivision and Land Development Plan Submission Checklist as contained in Exhibit 1 herein;[1] and the required Township filing fees must be submitted
prior to review by the Township. The applicant shall also file with
the Township one completed application form and the appropriate filing
fees as required by the Dauphin County Planning Commission for review
of the subdivision or land development application. All plans and
accompanying information must be submitted to the Township during
normal business hours no less than 28 days prior to the regularly
scheduled Planning Commission meeting at which consideration is requested.
[1]
Editor's Note: Exhibit 1 is included as an attachment to this chapter.
B.
Administratively complete applications. Upon receipt of
an application for subdivision or land development review, the Township
will determine if the filing contains all required information as
prescribed by this chapter to constitute a complete and thorough application.
Upon receipt of an incomplete application, the Township shall, within
seven calendar days, notify the applicant or the applicant's
representative that the application for a subdivision or land development
plan is incomplete and will not be further processed. All materials
submitted will be made available to be picked up by the applicant
or their representative, and no further review will be provided.
C.
Review. The Township shall, as applicable, submit copies
of the application to the Planning Commission, the Township Engineer,
the Dauphin County Planning Commission, the Township Authority, the
Township Public Works Department, the Township Public Safety Committee,
and other public agencies or departments as necessary for review.
The Board of Supervisors, upon the recommendation of the Planning
Commission, shall act on any such preliminary plan not later than
90 days following the date of the regular meeting of the Board of
Supervisors or the Planning Commission (which ever first reviews the
application) following the day the application is filed, provided
that should the said next regular meeting occur more than 30 days
following the filing of the application, the said ninety-day period
shall be measured from the 30th day following the day the application
has been duly filed. In the event that any modification of requirements
from this article is requested by the applicant or is deemed necessary
by the Planning Commission, the alteration and the reason for its
necessity shall be entered in the records of the Planning Commission.
D.
The Dauphin County Planning Commission shall review the
application and shall return one copy of a written report stating
their suggestions for modifications and design changes to the Planning
Commission within 30 days of their receipt of same or forfeit their
right to review.
E.
Processing of sewage facilities planning modules. All subdivision
and/or land development plans shall comply with Section 5 of the Act
of January 24, 1966, P.O. 1535, No. 537, known as the "Pennsylvania
Sewage Facilities Act," as amended, and the Rules and Regulations
of the Pennsylvania Department of Environmental Protection (DEP) adopted
thereunder, Chapter 71 of Title 25 of the Pennsylvania Code. Such
act and regulations require the Township to adopt an Official Sewage
Facilities Plan which provides for sewage services adequate to prevent
contamination of waters and/or environmental health hazards with sewage
wastes. Further, the Township shall revise said plan when it is determined
that a proposed method of sewage disposal for a new subdivision or
land development conforms to a comprehensive program of pollution
control and water quality management.
(1)
The proposed subdivision and/or land development
of a parcel of land and its associated sanitary sewage facilities
shall be as described in detail by the applicant as part of a Sewage
Facilities Planning Module for Land Development. Said Planning Module
shall be submitted with the preliminary plan or in the case of a combined
submission with the preliminary/final plan.
(2)
The Township shall review the Planning Module
for the proposed subdivision and/or land development, and determine
if the proposed method of sewage disposal conforms to and is included
in the approved "Official Plan" of the Municipality of Lower Paxton
Township.
(3)
The Township shall review the subdivision and/or
land development plan described in the attached Planning Module and
determine if it conforms to applicable zoning, subdivision, other
municipal ordinances and plans, and to a comprehensive program of
pollution control and water quality management.
(4)
The Board of Supervisors shall act upon the Planning
Module in conjunction with or after action on the preliminary plan
or in the case of a combined submission with or after action on the
preliminary/final plan. At no time shall the Township act upon a Planning
Module prior to acting upon a preliminary plan or a preliminary/final
plan. Planning Modules approved by the Board of Supervisors shall
be submitted to and approved by DEP as a revision to the "Official
Plan" of the Township.
(5)
Planning Modules for subdivisions and/or land
development, approved by the Board of Supervisors and DEP, shall continue
as an amendment of the "Official Plan" until such time as:
(a)
A final plan is not submitted to the Township
within five years of the date of approval of the preliminary plan
unless the plan is in accordance with a previously approved and updated
phasing schedule or extended in writing by the Board of Supervisors.
(b)
The preliminary/final or final subdivision and/or
land development plan is withdrawn or abandoned, as indicated in writing
by the applicant.
(6)
Planning Modules for subdivisions and/or land
development, approved by the Board of Supervisors and DEP. shall serve
to revise the "Official Plan" for only the site specific location
referenced within the Planning Module. Sanitary sewer capacity identified
within a Planning Module for a site specific location, approved by
the Board of Supervisors shall not be transferred to or used at any
other location within the Township.
(7)
The approval of a Planning Module by the Board
of Supervisors does not obligate the Township to provide building
permits and/or sanitary sewer connection permits. The availability
of such permits may be limited by DEP and/or the operators of treatment
plants receiving Township sanitary sewage.
F.
Resubmission of plans. When action on a plan has been tabled
or postponed by the Planning Commission or Board of Supervisors due
to outstanding comments, deficiencies or other issues with the application;
tabled at the request of the applicant; or conditionally recommended
for approval by the Planning Commission subject to addressing review
comments; and the applicant must resubmit a corrected application
to the Township, all plans and accompanying information must be resubmitted
to the Township during normal business hours no less than 21 days
prior to the regularly scheduled Planning Commission or Board of Supervisors
meeting at which reconsideration is requested. If the revised plan
is to be resubmitted to the Planning Commission for review, nine copies
of all plans and two copies of all reports and accompanying documents
must be submitted; otherwise, for submissions to the Board of Supervisors,
two copies of all plans, reports and accompanying documents must be
submitted; and, in either case, must be accompanied by a formal written
response sufficiently addressing in detail all outstanding review
comments or questions. Based upon the number and significance of any
remaining comments, the Zoning Officer, in consultation with the Township
Engineer, will determine whether a plan is complete and ready to be
included on the agenda of the Planning Commission or Board of Supervisors
for consideration. A withdrawn application must be filed as an entirely
new application to be further considered by the Township.
G.
Before acting on any application, the Board of Supervisors
may hold a public hearing thereon after proper public notice.
H.
When the application is not approved in terms as filed,
the decision shall specify the defects found in the application and
describe the requirements which have not been met and shall, in each
case, cite the provisions of this article, statute or other ordinance
relied upon.
I.
Failure of the Board of Supervisors to render a decision
and communicate it to the applicant within the time and in the manner
described herein shall be deemed an approval of the application in
terms as last presented unless the applicant has agreed in writing
to an extension of time or change in the prescribed manner of presentation
of communication of the decision, in which case, failure to meet the
extended time or change in manner of presentation of communication
shall have like effect. (A sample "Agreement to Extend the Time for
Rendering and Communicating a Decision on Certain Preliminary and/or
Final Subdivision/Land Development Plans" is contained in Exhibit
5 herein).[2]
[2]
Editor's Note: Exhibit 5 is included as an attachment to this chapter.
J.
Approval or disapproval. The Board of Supervisors shall
review the preliminary plan at a regularly scheduled public meeting
following the submission of the written review and recommendations
of the Township Planning Commission, Township Engineer, and County
Planning Commission, or at some other public meeting or meetings of
the Board prior to the end of the statutory ninety-day review period.
Upon completion of its review, the Board of Supervisors shall determine
whether the plan shall be approved, approved with conditions acceptable
to the applicant, or disapproved. The decision shall be made in writing
and shall be communicated to the applicant personally or mailed to
him at his last known address not later than 15 days following the
decision. If the plan is approved with conditions, the applicant shall
respond to the Board of Supervisors indicating acceptance or rejection
of such conditions. Such response shall be made in writing, signed
by the applicant, and received by the Township within 15 calendar
days of receipt by the applicant of the Board of Supervisors'
decision to approve the plan with conditions. Approval of the plan
shall be rescinded automatically upon the applicant's failure
to accept such conditions in the manner and within the time frame
noted above.
K.
Approval of the preliminary plan constitutes approval of
the proposed subdivision or land development with respect to the general
design, the approximate dimensions and other planned features. Preliminary
approval binds the applicant to the plan as approved. Material changes
to the plan shall not be permitted once approved by the Board of Supervisors.
L.
Following the approval of the preliminary plan, including
the satisfaction of all conditions of approval, the applicant shall
provide the Township with four complete signed and sealed paper copies
of the preliminary plan, one reproducible Mylar copy of the same and
two signed and sealed copies of all approved reports for the Township's
records.
M.
Plan status.
(1)
Approval of the preliminary plan shall assure the
applicant for a period of five years from the date of approval, or
such other longer period as may be set forth on a detailed phasing
schedule submitted by the applicant and approved by the Township,
that:
(a)
The general layout and approximate dimension of
streets, lots, and other features are approved and shall be the basis
for the preparation of the final plan;
(b)
The general terms and any special conditions under
which the approval of the plan was granted will not be changed; and
(c)
The applicant may install improvements in accordance
with the approved preliminary plan and other requirements contained
in this chapter. The Township Engineer shall be responsible for inspection
and approval of the required improvements as provided for in this
chapter.
(2)
Preliminary plan approval does not constitute approval
of the final plan and, therefore, does not authorize the recording
of the subdivision or land development plan, the sale or transfer
of lots, or the construction of buildings or other structures on the
property.
A.
Application. Within five years after the approval of the
preliminary plan, a plan clearly labeled "FINAL PLAN" with all necessary
supplemental data, plans and reports as contained herein shall be
officially submitted to the Township. Failure to submit a final plan
within five years of the date of approval of the preliminary plan
shall subject the preliminary plan to all intervening governing ordinances
unless the plan is in accordance with a previously approved and updated
phasing schedule or extended in writing by the Board of Supervisors.
A preliminary plan not consistent with the above shall not be used
as a basis for any development or construction. Any subsequent development
shall be preceded by a new preliminary plan application.
B.
When filing an application for final approval, a final plan complying with the requirements of Article IV shall be prepared for each subdivision or land development and submitted to the Township in the form of 16 paper prints no greater than 24 inches by 36 inches sheets. In addition, two copies of all applicable supplementary data, plans and reports; one correct and complete Application for Subdivision and Land Development Review Form and Subdivision and Land Development Plan Submission Checklist as contained in Exhibit 1 herein;[1] and the appropriate filing fees must be submitted prior
to review by the Township. The applicant shall also file with the
Township one completed application form and the appropriate filing
fees as required by the Dauphin County Planning Commission for review
of the subdivision or land development application. All plans must
be submitted to the Township during normal business hours no less
than 28 days prior to the regularly scheduled Planning Commission
meeting at which consideration is requested.
[1]
Editor's Note: Exhibit 1 is included as an attachment to this chapter.
C.
Administratively complete applications. Upon receipt of
an application for subdivision or land development review, the Township
will determine if the filing contains all required information as
prescribed by this chapter to constitute a complete and thorough application.
Upon receipt of an incomplete application, the Township shall within
seven calendar days notify the applicant or the applicant's representative
that the application for a subdivision or land development plan is
incomplete and will not be further processed. All materials submitted
will be made available to be picked up by the applicant or their representative,
and no further review will be provided.
D.
Review. The Township shall, as applicable, submit copies
of the application to the Planning Commission, the Township Engineer,
the Dauphin County Planning Commission, the Township Authority, the
Township Public Works Department, the Township Public Safety Committee,
and other public agencies or departments as necessary for review of
the application. The Board of Supervisors, upon the recommendation
of the Planning Commission, shall act on any such final plan not later
than 90 days following the date of the regular meeting of the Board
of Supervisors or the Planning Commission (whichever first reviews
the application) following the day the application is filed, provided
that should the said next regular meeting occur more than 30 days
following the filing of the application, the said ninety-day period
shall be measured from the 30th day following the day the application
has been duly filed. In the event that any modification of requirements
from this article is requested by the applicant or is deemed necessary
by the Planning Commission for approval, the alteration and the reason
for its necessity shall be entered in the records of the Planning
Commission.
E.
The Dauphin County Planning Commission shall review the
application and shall return one copy of a written report stating
their suggestions for modifications and design changes to the Planning
Commission within 30 days of their receipt of the same or forfeit
their right to review.
F.
Resubmission of plans. When action on a plan has been tabled
or postponed by the Planning Commission or Board of Supervisors due
to outstanding comments, deficiencies or other issues with the application;
tabled at the request of the applicant; or conditionally recommended
for approval by the Planning Commission subject to addressing review
comments; and the applicant must resubmit a corrected application
to the Township, all plans and accompanying information must be resubmitted
to the Township during normal business hours no less than 21 days
prior to the regularly scheduled Planning Commission or Board of Supervisors
meeting at which reconsideration is requested. If the revised plan
is to be resubmitted to the Planning Commission for review, nine copies
of all plans and two copies of all reports and accompanying documents
must be submitted; otherwise, for submissions to the Board of Supervisors,
two copies of all plans, reports and accompanying documents must be
submitted; and, in either case, must be accompanied by a formal written
response sufficiently addressing in detail all outstanding review
comments or questions. Based upon the number and significance of any
remaining comments, the Zoning Officer, in consultation with the Township
Engineer, will determine whether a plan is complete and ready to be
included on the agenda of the Planning Commission or Board of Supervisors
for consideration. A withdrawn application must be filed as an entirely
new application to be further considered by the Township.
G.
Before acting on any application, the Board of Supervisors
may hold a public hearing thereon after proper public notice.
H.
When the application is not approved in terms as filed,
the decision shall specify the defects found in the application and
describe the requirements which have not been met and shall, in each
case, cite the provisions of this article, statute or other ordinance
relied upon.
I.
Failure of the Board of Supervisors to render a decision
and communicate it to the applicant within the time and in the manner
described herein shall be deemed an approval of the application in
terms as last presented unless the applicant has agreed in writing
to an extension of time or change in the prescribed manner of presentation
of communication of the decision, in which case, failure to meet the
extended time or change in manner of presentation of communication
shall have like effect. (A sample "Agreement to Extend the Time for
Rendering and Communicating a Decision on Certain Preliminary and/or
Final Subdivision/Land Development Plans" is contained in Exhibit
5 herein).[2]
[2]
Editor's Note: Exhibit 5 is included as an attachment to this chapter.
J.
Approval or disapproval. The Board of Supervisors shall
review the final plan at a regularly scheduled public meeting following
the submission of the written review and recommendations of the Township
Planning Commission, Township Engineer, and County Planning Department,
or at some other public meeting or meetings of the Board prior to
the end of the statutory ninety-day review period. Upon completion
of its review, the Board of Supervisors shall determine whether the
plan shall be approved, approved with conditions acceptable to the
applicant, or disapproved. The decision shall be made in writing and
shall be communicated to the applicant personally or mailed to him
at his last known address not later than 15 days following the decision.
If the plan is approved with conditions, the applicant shall respond
to the Board of Supervisors indicating acceptance or rejection of
such conditions. Such response shall be made in writing, signed by
the applicant, and received by the Township within 15 calendar days
of receipt by the applicant of the Board of Supervisors' decision
to approve the plan with conditions. Approval of the plan shall be
rescinded automatically upon the applicant's failure to accept
or reject such conditions in the manner and within the time frame
noted above. However, no plat shall be finally approved unless the
streets on such plat have been improved as may be required by ordinance,
and any walkways, curbs, gutters, streetlights, fire hydrants, shade
trees, landscaping, water mains, sanitary sewers, storm sewers, stormwater
management facilities, and other site improvements as may be required
by this article and any applicable municipal requirements have been
properly installed in accordance with such requirements. In lieu of
the completion of any site improvements required as a condition for
the final approval of a plan, financial security, as delineated in
this article, must be provided and accepted by the Board of Supervisors.
K.
Following the approval of the final plan, including the satisfaction of all conditions of approval, the applicant shall provide the Township with eight complete signed and sealed paper copies of the final plan, one reproducible Mylar copy of the same, two signed and sealed copies of all approved reports and the required electronic data files in the format required in Article IV, § 180-404E(16).
L.
Recording.
(1)
The final plan shall be recorded within 90 days of
meeting all conditions imposed on the final plan or, if no conditions,
then within 90 days of the approval by the Board of Supervisors. The
signed and sealed plans shall be filed and recorded in the office
of the County Recorder of Deeds, and the signed and sealed Mylar shall
be retained for the Township's records. Whenever plan approval
by the Board of Supervisors is required, the Recorder of Deeds shall
not accept any plan for recording unless such plan officially notes
the approval of the Board of Supervisors and the review of the Dauphin
County Planning Commission.
(2)
Recording shall entitle the applicant to sell, transfer
or develop the land shown on the plan in accordance with the approved
plan, subject to any conditions attached thereto. Where final plans
are approved for only a portion, section or phase of the entire subdivision
or land development, sale, transfer or development may proceed only
on that approved portion, section or phase.
M.
When a final plan has been approved, no subsequent change
or amendment in zoning, subdivision or other governing ordinance shall
be applied to affect adversely the right of the applicant to commence
and complete any aspect of the approved development in accordance
with the terms of such approval within five years from such approval.
Where final approval is preceded by preliminary approval, the aforesaid
five-year period shall be counted from the date of the preliminary
approval.
N.
When the applicant has failed to substantially complete
the required improvements set forth on the approved plan within five
years of the aforesaid approval date and when changes in a zoning,
subdivision, or other governing ordinance have occurred which affect
the design of the approved plat, the subdivision or land development
shall be subject to the changes in the zoning, subdivision, or other
governing ordinance.
A.
No plan shall be finally approved unless the streets shown
on such plan have been improved to a mud-free or otherwise permanently
passable condition, or improved as may be otherwise required by this
chapter, and any sidewalks, walkways, pathways, curbs, gutters, street
lights, parking lots, fire hydrants, shade trees, water mains, sanitary
sewers, storm sewers, landscaping, landscape berm grading and other
improvements as may be required by this chapter have been installed
in accordance with this chapter. In lieu of the completion of any
improvements required as a condition for the final approval of a plan,
including improvements or fees otherwise required by this chapter,
the applicant may deposit with the Township financial security in
an amount sufficient to cover the costs of such plan improvements
or common amenities, including basins and other related drainage facilities,
recreational facilities, open space improvements, traffic and transportation
improvements, or buffer or screen plantings which may be required
in accordance with any land use ordinance. The applicant shall not
be required to provide financial security for the cost of any improvements
for which financial security is required by and provided to the Pennsylvania
Department of Transportation in connection with the issuance of a
highway occupancy permit for the project.
B.
When requested by the applicant, in order to facilitate
financing, the Board of Supervisors shall furnish the applicant with
a signed copy of a resolution indicating approval of the final plan
contingent upon the applicant obtaining a satisfactory financial security.
The final plan or record plan shall not be signed nor recorded until
the financial security agreement is executed. The resolution or letter
of contingent approval shall expire and be deemed to be revoked if
the financial security agreement is not executed within 90 days unless
a written extension is granted by the Board of Supervisors; such extension
shall not be unreasonably withheld and shall be placed in writing
at the request of the applicant.
C.
Without limitation as to other types of financial security
which the Township may approve, which approval shall not be unreasonably
withheld, federal or commonwealth chartered lending institution irrevocable
letters of credit and restrictive or escrow accounts in such lending
institutions shall be deemed the preferred and acceptable method of
financial security for the purposes of this article. Said instruments
of financial security shall be prepared in a format containing an
"evergreen clause" which causes said security to renew automatically
on an annual basis unless otherwise authorized by the Township. (Sample
"Security Agreements" and a sample "Irrevocable Letter of Credit"
are contained in Exhibits 6 and 7 herein. These documents are recommended
formats and may be amended as necessary by the Board of Supervisors).[1]
[1]
Editor's Note: Exhibits 6 and 7 are included as attachments to this chapter.
D.
Such financial security shall be posted with a bonding
company or federal or commonwealth chartered lending institution chosen
by the party posting the financial security, provided said bonding
company or lending institution is authorized to conduct such business
within the commonwealth and maintains an office within 100 miles of
the Township's Administration Building upon which the financial
security can be readily secured by the Township in the event of a
default by the applicant.
E.
Such security shall provide for, and secure to the public
the completion of any improvements which may be required on or before
the date fixed in the formal action of approval or accompanying agreement
for completion of the improvements.
F.
The amount of financial security to be posted for the completion
of the required improvements shall be equal to 110% of the cost of
completion estimated as of 90 days following the date scheduled for
completion by the applicant. In addition, the applicant shall include
an additional 10% of the total amount of the financial security to
cover engineering inspection fees associated with the installation
of said improvements; the preparation of as-built plans and related
work. Annually, the Township may adjust the amount of the financial
security by comparing the actual cost of the improvements which have
been completed and the estimated cost of the 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 applicant
to post additional security equal to said 110%. Any additional security
shall be posted by the applicant in accordance with this subsection.
G.
The amount of financial security required shall be based
upon an estimate of the cost of completion of the required improvements,
submitted by an applicant and prepared by a professional engineer
licensed as such in this commonwealth and certified by such engineer
to be a fair and reasonable estimate of such cost. The Township, upon
the recommendation of the Township Engineer, may refuse to accept
such estimate for good cause shown. If the applicant and the Township
are unable to agree upon an 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 applicant.
The estimate certified by the third engineer shall be presumed fair
and reasonable and shall be the final estimate. In the event that
a third engineer is so chosen, fees for the services of said engineer
shall be paid equally by the Township and the applicant.
H.
If the party posting the financial security requires more
than one year from the date of posting of the financial security to
complete the required improvements, the amount of financial security
may be increased by an additional 10% for each one-year period beyond
the first anniversary date from posting of financial security or to
an amount not exceeding 110% of the cost of completing the required
improvements as reestablished on or about the expiration of the preceding
one-year period.
I.
In the case where development is projected over a period
of years, the Board of Supervisors may authorize submission of final
plans by sections or stages of development subject to such requirements
or guarantees as to improvements in future sections or stages of development
as it finds essential for the protection of any finally approved section
of the development.
J.
As the work of installing the required improvements proceeds,
the party posting the financial security may request the Board of
Supervisors to release or authorize the partial release, from time
to time, of such portions of the financial security necessary for
payment to the contractor or contractors performing the work. Any
such requests shall be in writing addressed to the Board of Supervisors
and shall detail the specific improvements that are being requested
for release. The Board of Supervisors shall have 45 days from receipt
of such request within which to allow the Township Engineer to certify,
in writing, to the Board of Supervisors that such portion of the work
upon the improvements has been completed in accordance with the approved
plan. Upon such certification the Board of Supervisors shall authorize
release by the bonding company or lending institution of an amount
as estimated by the Township Engineer fairly representing the value
of the improvements completed or, if the Board of Supervisors fails
to act within said forty-five-day period, the Board of Supervisors
shall be deemed to have approved the release of funds as requested.
The Board of Supervisors may, prior to final release at the time of
completion and certification by its engineer, require retention of
10% of the estimated cost of the aforesaid improvements.
K.
Where the Board of Supervisors accepts dedication of all
or some of the required improvements following completion, the Board
of Supervisors may require the posting of financial security to secure
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 plan for a term not to exceed 18 months from
the date of acceptance of dedication. Said financial security shall
be of the same type as otherwise required in this Section with regard
to installation of such improvements, and the amount of the financial
security shall not exceed 15% of the actual cost of installation of
said improvements.
L.
If water mains or sanitary sewer lines, or both, along
with apparatus or facilities related thereto, are to be installed
under the jurisdiction and pursuant to the rules and regulations of
a public utility or municipal authority separate and distinct from
the Township, financial security to assure proper completion and maintenance
thereof shall be posted in accordance with the regulations of the
controlling public utility or municipal authority and shall not be
included within the financial security as otherwise required by this
section.
M.
If financial security has been provided in lieu of the
completion of improvements required as a condition of the final approval
of a plan 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. Moreover,
if said financial security has been provided, occupancy permits for
any building or buildings to be erected shall not be withheld following:
the improvement of the streets providing access to and from existing
public roads to such building or buildings to a mud-free or otherwise
permanently passable condition, as well as the completion of all other
improvements as depicted upon the approved plan, either upon the lot
or lots or beyond the lots in question if such improvements are necessary
for the reasonable use of or occupancy of the building or buildings.
N.
Release of financial security. When the applicant has completed
all of the necessary and appropriate improvements, the applicant shall
notify the Board of Supervisors, in writing, by certified or registered
mail, of the completion of the aforesaid improvements and shall send
a copy thereof to the Township Engineer. The Board of Supervisors
shall, within 10 days after receipt of such notice, direct and authorize
the Township Engineer to inspect all of the aforesaid improvements.
The Township Engineer shall, thereupon, file a report in writing,
with the Board of Supervisors, who shall promptly mail a copy of the
same to the applicant by certified or registered mail. The report
shall be made and mailed within 30 days after receipt by the Township
Engineer of the foresaid authorization from the Board of Supervisors;
said report shall be detailed and shall indicate approval or rejection
of said improvements, either in whole or in part and if said improvements
or any portion thereof, shall not be approved or shall be rejected
by the Township Engineer, said report shall contain a statement of
reasons for such non approval or rejection.
O.
The Board of Supervisors shall notify the applicant, within
15 days of receipt of the Township Engineer's report, in writing,
by certified or registered mail, of the action of said Board of Supervisors
with relation thereto.
P.
If the Board of Supervisors or the Township Engineer fails
to comply with the time limitation provisions contained herein, all
improvements will be deemed to have been approved, and the applicant
shall be released from all liability pursuant to this performance
guaranty or other security agreement.
Q.
If any portion of the said improvements shall not be approved
or shall be rejected by the Board of Supervisors, the applicant shall
proceed to complete the same, and, upon completion, the same procedure
of notification, as outlined herein, shall be followed.
R.
Nothing herein, however, shall be construed as a limitation
of the applicant's right to contest or question by legal proceedings
or otherwise, any determination of the Board of Supervisors or the
Township Engineer.
S.
The applicant shall reimburse the Township for the reasonable
and necessary expense incurred for the inspection of improvements
according to a schedule of fees adopted by resolution of the Board
of Supervisors and as from time to time amended.
T.
In the event the applicant disputes the amount of any such
expense in connection with the inspection of improvements, the applicant
shall, within 15 days of the date of billing, notify the Township
that such expenses are disputed as unreasonable or unnecessary, in
which case the Township shall not delay or disapprove a subdivision
or land development due to the applicant's request over disputed
engineer expenses.
U.
If within 45 days from the date of billing, the Township
and the applicant cannot agree on the amount of expenses which are
reasonable and necessary, then the applicant and the Township shall
jointly, by mutual agreement, appoint another professional engineer
licensed as such in the Commonwealth of Pennsylvania to review the
said expenses and make a determination as to the amount thereof which
is reasonable and necessary.
V.
The professional engineer so appointed shall hear such
evidence and review such documentation as the professional engineer,
in his or her sole opinion, deems necessary and render a decision
within 30 days of appointment. The applicant shall be required to
pay the entire amount determined in the decision immediately.
W.
In the event that the Township and applicant cannot agree
upon the professional engineer to be appointed, then, upon application
of either party, the President Judge of the Court of Common Pleas
of the judicial district in which the Township is located (or if at
the time there be no President Judge, then the senior active judge
then sitting) shall appoint such engineer, who, in that case, shall
be neither the Township Engineer nor any professional engineer who
has been retained by, or performed services for, the Township or the
applicant within the preceding five years.
X.
The fee of the appointed professional engineer for determining
the reasonable and necessary expenses shall be paid by the applicant
if the amount of payment required in the decision is equal to or greater
than the original bill. If the amount of payment required in the decision
is less than the original bill by $1,000 or more, the Township shall
pay the fee of the professional engineer, but otherwise the Township
and the applicant shall each pay 1/2 of the fee of the appointed professional
engineer.
A.
The applicant shall reimburse the Township for costs that
the Township has incurred by the Township Engineer and/or professional
consultant(s) that the Township, in its sole discretion, deems necessary
in order to adequately and properly review a plan and supporting data,
and reporting the findings to the Township. The fees shall be established
annually by resolution of the Board of Supervisors. The Township shall
advise the applicant of the reimbursement amount required within 30
days of being billed by the Township Engineer and/or other professional
consultant(s). The applicant shall reimburse the Township within 30
days of receipt of the Township's notice of payment due.
(1)
In the event the applicant disputes the amount
of any such review fee, the applicant shall, within 15 days of the
receipt of the notice of payment due, notify the Township that such
fees are disputed, in which case the Township shall not delay or disapprove
a plan submission due to the applicant's fee dispute. If no fees
are disputed, the Township may condition the approval of plan submissions
upon the Township having received full payment as stated in the notice
of payment due.
(2)
If, within 45 days of the notice of payment due,
the applicant and Township cannot agree on the amount of expenses
incurred by the Township, the applicant and Township shall jointly,
by mutual agreement, appoint another professional engineer or professional
consultant of the same profession or discipline as the Township Engineer
or professional consultant whose fees are being disputed to make a
determination as to the amount thereof which is reasonable and necessary.
(3)
In the event the municipality and the applicant
cannot agree upon the professional engineer or professional consultant
to be appointed, then, upon application of either party, the President
Judge of the Court of Common Pleas of Dauphin County shall appoint
such professional engineer or professional consultant, who, in that
case shall be neither the Township Engineer or professional consultant
nor any professional engineer or consultant who has been retained
by, or performed services for, the Township or the applicant within
the preceding five years.
(4)
The professional engineer or professional consultant
appointed, either by mutual agreement of the Township and applicant
or by the President Judge of the Court of Common Pleas, shall hear
such evidence and review such documentation as the professional engineer
or professional consultant, in his or her sole opinion, deems necessary
and render a decision within 30 days of appointment. Such decision
shall be final and binding upon both the Township and the applicant.
The applicant shall be required to pay the entire amount determined
in the decision within 10 days of such decision.
(5)
The fee of the appointed professional engineer
or professional consultant for determining the reasonable and necessary
expense shall be paid by the applicant if the amount of payment required
in the decision is equal to or greater than the original bill. If
the amount of payment required in the decision is less than the original
bill by $1,000 or more, the Township shall pay the fee of the professional
engineer or professional consultant, but otherwise the Township and
the applicant shall each pay 1/2 of the fee of the appointed professional
engineer or professional consultant.
A.
All improvements shall be deemed to be private improvements
and only for the benefit of the specific project until such time as
the same have been properly offered for dedication and formally accepted
by the Board of Supervisors in accordance with current Township procedures.
No responsibility of any kind with respect to the improvements shown
on the final plan shall be transferred until the improvements have
been formally accepted. No improvement shall be accepted for dedication
until all improvements are fully constructed, inspected by the Township
and until as-built plans have been completed by the applicant and
reviewed and found to be acceptable to the Township.
B.
Prior to the dedication of improvements, the applicant
shall maintain said facilities in good condition and for the intended
use. All streets serving occupied dwellings shall be paved and maintained
in a passable condition and shall be plowed within 24 hours following
a snowfall.
C.
Prior to the acceptance of improvements, the applicant
shall submit, in a form suitable to the Township, the required number
of originals of the following documents for the Township's review:
Requirements of this section are intended to apply to final
recording plan submissions only. A .pdf exhibit shall be provided
for use during public meetings with all submissions.
A.
All data submitted shall be in compliance with the Manual
of Practice for professional land surveyors in the Commonwealth of
Pennsylvania, as amended.
B.
All digital files submitted shall be based on accurate
geometric calculations,
C.
Digital submissions shall have all layers clearly and separately
represented. Included with all digital submissions on a metadata file
shall be included outlining the following:
D.
All plans must be in Pennsylvania State Plane Coordinate
System South Zone, utilizing the North American Vertical Datum of
1988 (NAVD88). Units shall be in US survey feet.
E.
All plans must be submitted in AutoCAD drawing (.dwg),
AutoCAD interchange (.dxf), or ArcView Shapefile (.shp), on CD-ROM
or other agreeable format acceptable to the Township.
F.
Digital file layering must be established in the files
that place the following elements on separate layers:
Township line
Road center line
Property lines
Road names
Parcel boundaries
Utilities
Traffic signs and signals
Stormwater management
Floodplains
G.
Annotation submitted digitally shall be identical to the
annotation submitted on the Mylar hard copy filed with Lower Paxton
Township. All other miscellaneous annotation and information, such
as North arrow and scale, shall be put on separate layers or as misc
line/misc text.
H.
Private utilities, such as gas, water, phone service, electric,
etc., will be included and shall be clearly labeled and put on separate
layers or as misc line/misc text.
