Township of Bern, PA Article III Submission and Review Procedures

§ 154-7 General procedures.

A. Hereafter, subdivision and land development plans shall be reviewed by the Township Planning Commission, the County Planning Commission and other Township, state or county officials and shall be approved or disapproved by the Township Supervisors in accordance with the procedures specified in this article and in other sections of this chapter.

B. For all subdivisions and land developments, except those exempted from standard procedures, a preliminary plan and a final plan shall be submitted. Those subdivisions exempted from this procedure and the procedures to follow in the case of exempted subdivisions are found in § 154-17 of this chapter. A sketch plan is optional, but is strongly recommended.

C. All subdivision and land development plans and data for a sketch plan, sketch plan for record, preliminary plan and final plan shall be submitted to the Township Secretary in pre-packaged envelopes with transmittal attached.

D. Procedures described in this article that are not mandated by the provisions of the Pennsylvania Municipalities Planning Code, as amended,[1] are discretionary as to the Township Supervisors and any failure of the Township Supervisors, its Planning Commission or any other agent or employee to abide by said permissive procedures shall not invalidate any action taken herein. However, said procedures, as to any applicant, are mandatory unless waived by the Township Supervisors in accordance with § 154-41.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

E. For the purpose of these regulations, the official filing date shall be the date of the regular meeting of the Planning Commission next following the date the application and plans are received in the Municipal Building, provided that should said regular meeting occur more than 30 days following the submission of the application, the official filing date shall be the 30th day following the day the application was received in the Municipal Building.

F. Although the Township Zoning Officer shall receive copies of all plans submitted to the Township Planning Commission for review, the Township Zoning Officer shall only conduct a review of such plans and submit comments thereon at the specific request of the Township Planning Commission and/or the Township Supervisors. Plan review by the Township Engineers shall include comments on any zoning issues under Chapter 184 of this Code.

[Added 6-17-2003 by Ord. No. 204-2003]

§ 154-8 Sketch plan submission.

Except in the case of a sketch plan for record submitted pursuant to § 154-17A or D, submission of a sketch plan is optional; such submission shall not constitute official submission of a plan to the Township and the sketch plan is submitted only for informal discussion between the developer and the Township Planning Commission. Developers are strongly urged to submit sketch plans to the Township for discussion prior to submitting a preliminary plan.

A. When submitted, sketch plans should comply with the requirements of § 154-18. Sketch plans for record shall comply with the requirements of § 154-18.

B. Submission. Subdivider or agent shall submit seven black-on-white or blue-on-white prints on paper of the sketch plan and six copies of any supplementary data to the Township Secretary. He shall also submit the required filing fee and a copy of the Application for Review of Sketch Plan (Form 1)[1] to the Township Secretary. The Township Secretary shall distribute the copies of plans and supplementary data as follows:

(1) Two copies of the plan and one copy of any supplementary data to Secretary of the Township Planning Commission.

(2) Two copies to County Planning Commission, including written request for review or purpose of submission to the County Planning Commission. The plans and supplementary data shall be accompanied by the county's referral form and the required filing fees, which shall be paid by the applicant.

(3) One copy to the Township Engineer.

(4) One copy to the Township Zoning Officer.

(5) One copy retained for the permanent files of the Township Supervisors.

[1] Editor's Note: Form 1 is included at the end of this chapter.

§ 154-9 Review of sketch plan by Township Planning Commission.

A. A sketch plan for record shall be reviewed by the Township Planning Commission at one or more regularly scheduled or special meetings. The Commission may request the Township Zoning Officer and/or the Township Engineer to review the sketch plan and submit comments thereon to the Commission. The Commission shall notify the Township Supervisors and the subdivider or his agent of its comments regarding the sketch plan.

B. A sketch plan other than a sketch plan for record will be discussed with the developer at one or more regularly scheduled or special meetings of the Planning Commission. The Commission may request the Township Zoning Officer, Township Engineer or County Planning Commission to review the sketch plan and submit comments thereon to the Commission.

C. In the case of a sketch plan submitted to the County Planning Commission for review, prior to completing its review, the Township Planning Commission shall receive the written report of the County Planning Commission, provided that the report is received within 30 days from the date the Plan was forwarded to the County Planning Commission for review.

§ 154-10 Review of sketch plan for record by Township Supervisors.

A. In the case of a sketch plan for record submitted under § 154-17A or § 154-17D of this chapter, after the sketch plan is reviewed by the Township Planning Commission the sketch plan shall be reviewed by the Township Supervisors at one or more regularly scheduled or special meetings and either approved or disapproved by the Supervisors.

B. The Township Supervisors shall render their decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission next following the date 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 filed.

C. The decision of the Township Supervisors shall be 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.

D. 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 the ordinance relied upon.

E. In the case of a sketch plan for record submitted to the County Planning Commission for review, no official action shall be taken by the Township Supervisors until the Supervisors have received the written report of the County Planning Commission, provided that the report is received within 30 days from the date the plan was forwarded to the County Planning Commission for review. If such report is not received within 30 days, the Township Supervisors may proceed to take action on the plan without consideration of comments from the County Planning Commission.

§ 154-11 Preliminary plan submission.

[Amended 6-7-2005 by Ord. No. 220-2005; 12-7-2021 by Ord. No. 331-2021]

A. Initial (first) submission. Preliminary plans and required supplementary data for all proposed subdivisions and land developments, except as noted in § 154-17, shall be submitted by the subdivider or his agent to the Township Secretary.

(1) Official initial submission of a preliminary plan shall include:

(a) Submission of one completed application for review of preliminary plan (Form 2).[1]

[1] Editor's Note: Form 2 is included as an attachment to this chapter.

(b) Submission of six black-on-white prints on paper of the preliminary plan which shall comply with the requirements of § 154-19.

(c) Three copies of the results of soil percolation tests when on-site sewage disposal is proposed.

(d) Five copies of all other information and plans which are required by § 154-19.

(e) Three copies of the stormwater management calculations/report.

(f) Payment of the filing fee, including replenishing the amount of escrow as required by the Bern Township Subdivision and Land Development Schedule of Fees.[2]

[2] Editor's Note: The Bern Township Subdivision and Land Development Schedule of Fees is on file in the Township offices.

(g) In the case of those subdivisions or land developments in which public sewer or water systems are proposed, one additional copy of the preliminary plan and all supplementary data shall be submitted to the Township Secretary for the use of the Bern Township Municipal Authority. When a subdivision or land development is proposed to connect to a sanitary sewer or water system not operated by the Township or a Township authority, the developer shall submit evidence to the Township that the preliminary plan and all supplementary data have been submitted to the appropriate agencies or companies for review.

(h) In the case of those subdivisions or land developments in which on-lot sewer or water systems are proposed, the applicant shall submit the following to the Township Sewage Enforcement Officer designated for the area:

[1] One copy of the plan.

[2] One copy of the results of soil percolation tests when on-site sewage disposal is proposed.

[3] One application.

[4] An electronic copy of all documents shall be submitted on a USB/thumb drive in portable document format (PDF) file format.

(2) In the case of a subdivision or land development which proposes vehicular access or stormwater drainage onto a state route, the subdivider shall submit the preliminary plan and all supplementary data to the Pennsylvania Department of Transportation with a request for review of his proposed access and drainage and shall submit evidence of such submission to the Township at the time of preliminary plan submission.

(3) In the case of a preliminary plan calling for the installation of improvements beyond a five-year period, a schedule shall be filed by the landowner delineating all proposed sections as well as deadlines within which applications for final plan approval of each section are intended to be filed. 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 section has been granted, and any modification in the aforesaid schedule shall be subject to approval of the Township Supervisors in their discretion. Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of 25% of the total number of dwelling units as depicted on the preliminary plan, unless a lesser percentage is approved by the Township Supervisors in their discretion.

(4) Failure of the subdivider to submit all items required under § 154-11A or failure of the preliminary plan to comply with the requirements of § 154-19 shall be grounds for the Township Engineer to refuse to accept the preliminary plan from the subdivider. Notification may be via email, certified letter or any other first-class mail receipt.

(5) Distribution. The Township Secretary shall distribute submitted information as follows:

(a) To the County Planning Commission:

[1] Two paper copies of the preliminary plan.

[2] One paper copy of application for review of preliminary plan.

[3] One paper copy of all other required information and plans.

[4] One paper copy of the county referral form and any required fee.

(b) To the Township Engineer:

[1] Two paper copies of the plan.

[2] One copy of application for review of preliminary plan.

[3] Two copies of the stormwater management report.

[4] One copy of all other required information and plans.

(c) To the Township Zoning Officer:

[1] One paper copy of the plan.

[2] One paper copy of application for review of preliminary plan.

(d) To be retained by the Township Secretary:

[1] One copy of the plan.

[2] One copy of application for review of preliminary plan.

[3] One copy of all other required information and plans.

(e) To the Township Fire Marshal:

[1] One copy of the plan.

B. Subsequent resubmissions. Subsequent resubmissions of the preliminary plans (or sketch plans for record) and required supplementary data for all proposed subdivisions and land developments, except as noted in § 154-17, shall be submitted by the subdivider or his agent to the Township Secretary.

(1) Official subsequent submissions of a preliminary plan shall include:

(a) Payment of the filing fee which shall be replenishing the amount of escrow as required by the Bern Township Subdivision and Land Development Schedule of Fees.[3]

[3] Editor's Note: The Bern Township Subdivision and Land Development Schedule of Fees is on file in the Township offices.

(b) Submission of three black-on-white prints on paper of the preliminary plan which shall comply with the requirements of § 154-19.

(c) Three copies of the stormwater management calculations/report.

(d) Two copies of a detailed response letter addressing all review comments by the Township Engineer on the previous plan submission.

(e) An electronic copy of all documents shall be submitted on a USB/thumb drive in portable document format (PDF) file format.

§ 154-12 Preliminary plan review.

A. Review by Township Planning Commission. When a preliminary plan has been received and accepted for review, the Township Planning Commission shall review the plan at one or more regularly scheduled or special meetings to determine its conformance to the standards contained in this chapter and shall recommend such changes and modifications as it shall deem necessary to assure compliance with this chapter.

(1) The Township Engineer should review each preliminary plan to determine whether the plan meets the requirements of this chapter and shall submit a report to the Township Planning Commission on the plan's conformance with this chapter.

(2) The Township Sewage Enforcement Officer designated for the area shall review all proposals for the use of on-site sewage disposal and report thereon to the Township Planning Commission.

(3) (Reserved)[1]

[1] Editor's Note: Former Subsection A(3), which provided for review of the preliminary plan by the Township Zoning Officer to determine compliance with the Township Zoning Ordinance, was repealed 6-17-2003 by Ord. No. 204-2003.

(4) When reviewing a plan at a regularly scheduled or special meeting, the Township Planning Commission should consider, in addition to its own comments, written reports regarding the subdivision in question from the following:

(a) The Township Engineer.

(b) The Township Zoning Officer (if a review was requested by the Township Planning Commission).

[Amended 6-17-2003 by Ord. No. 204-2003]

(c) The County Planning Commission, provided such report is received within 30 days after submission to the County Planning Commission.

(d) The Township Sewage Enforcement Officer, when on-site sewage disposal is proposed.

(e) The Pennsylvania Department of Transportation when the property being subdivided abuts a state legislative route.

(f) The Township Fire Marshal.

(g) The Bern Township Municipal Authority when public sewer or water is proposed.

(5) After the final meeting at which the preliminary plan is reviewed by the Township Planning Commission, the Commission shall notify the Township Supervisors and the developer or his agent of its comments regarding the plan. The Commission may recommend that the plan be approved, be approved subject to conditions or be disapproved. If the Commission recommends that the plan be disapproved because the provisions of this chapter have not been met, the specific provisions of this chapter which have not been met shall be noted.

B. Review by Township Supervisors. After a preliminary plan has been reviewed by the Township Planning Commission, the plan shall be reviewed at one or more regularly scheduled or special meetings of the Township Supervisors.

(1) No official action shall be taken by the Township Supervisors with respect to a preliminary plan until the Township has received the written report of the County Planning Commission, provided the report is received within 30 days from the date the plan was forwarded to the County Planning Commission for review. If such report is not received within 30 days, the Township Supervisors may proceed to take action on the plan without consideration of comments from the County Planning Commission.

(2) Before acting on a preliminary plan, the Township Supervisors may arrange for a public hearing on the plan, giving public notice as defined by law.

(3) The decision of the Township Supervisors regarding the plan shall be 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.

(4) The Township Supervisors shall render their decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Township Planning Commission following the date the application is filed. Should the said next regular meeting occur more than 30 days following the filing of the application, the ninety-day period shall be measured from the 30th day following the day the application was filed. The subdivider may grant an extension of time to the Township.

(5) 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 chapter relied upon.

(6) The approval of a preliminary plan does not authorize the recording of a subdivision or land development plan nor the construction, sale, lease or transfer of lots or dwelling units.

(7) If the preliminary plan proposes a staging plan calling for the submission of the final plan in sections, the boundaries of the sections, as well as the order and timing of submittal of the final plans therefor, shall be subject to the approval of the Township Supervisors. In approving a staging plan, the Township Supervisors, in their discretion, may:

(a) Impose conditions to the development of any single stage, phase or section which shall be complied with prior to the commencement of the next or any subsequent stage, phase or section of the subdivision or land development;

(b) Impose conditions which shall be met by the developer within a time period specified by the Township Supervisors, said time period to commence after the completion of any stage, phase or section if development of the subsequent stage, phase or section during which such conditions were to be met is not commenced within said time period;

(c) Impose conditions which must be met within a time period specified by the Township Supervisors in the event of a subsequent change in the use of the buildings constructed within the subdivision or land development; and

(d) Require any or all conditions imposed by the Township Supervisors to be set forth and included on the final or recorded plan pertaining to any or all stages, phases or sections of the subdivision or land development prior to the recording of any such final or recorded plan.

§ 154-13 Final plan submission, including sketch plans for record.

[Amended 6-7-2005 by Ord. No. 220-2005; 12-7-2021 by Ord. No. 331-2021]

A. Submission. Within 12 months after approval of the preliminary plan by the Township Supervisors, the subdivider or his agent shall submit a final plan with all necessary supplementary data to the Township Secretary. An extension of time may be granted by the Township Supervisors upon written request. Unless an extension is granted, failure to meet the twelve-month time limitation may result in a determination by the Township that it will consider any plan submitted after 12 months as a new preliminary plan.

(1) Official submission of a final plan and each subsequent submission shall include until such time that the Board of Supervisors has granted final (or conditional final) approval:

(a) Submission of one completed application for review of final plan (Form 3).[1]

[1] Editor's Note: Form 3 is included as an attachment to this chapter.

(b) Submission of three black-on-white prints on paper of the final plan which shall comply with the requirements of § 154-20.

(c) Submission of two copies of all other supplementary data and plans as outlined in §§ 154-20 and 154-21.

(d) Payment of the filing fee, including replenishing the amount of escrow as required by the Bern Township Subdivision and Land Development Schedule of Fees.[2]

[2] Editor's Note: The Bern Township Subdivision and Land Development Schedule of Fees is on file in the Township offices.

(e) When requested by the Township, submission of evidence of approval of an erosion and sediment control plan by the Berks County Conservation District.

(f) In the case of a revised plan submission, a detailed response letter addressing all review comments by the Township Engineer on the previous plan submission.

(g) An electronic copy of all documents shall be submitted on a USB/thumb drive in portable document format (PDF) file format.

(2) Failure of the subdivider to submit all items required under § 154-13A or failure of the final plan to comply with the requirements of § 154-20 shall be grounds for the Township Engineer to refuse to accept the final plan from the subdivider. Notification may be via email, certified letter or any other first-class mail receipt.

(3) The Township Supervisors may permit the subdivider to submit a final plan in sections in accordance with the schedule provided for in § 154-11A(3), subject to such requirements or guaranties as to improvements in future sections as it finds essential for the protection of any finally approved section of the development.

(4) The final plan shall conform to the approved preliminary plan, except that it shall incorporate all modifications required by the Township Supervisors in their approval of the preliminary plan. Failure to comply with past reviews shall constitute grounds for the Township to refuse to approve the final plan.

B. Distribution. Final plans and supporting data submitted to the Township Secretary shall be made as follows:

(1) To the Township Engineer:

(a) Two copies of the plan.

(b) Two copies of all supplementary data and plans.

(2) To be retained by the Township Secretary:

(a) One copy of application for review of final plan.

(b) One copy of the plan.

(c) One copy of all supplementary data and plans.

C. Final submission for recording.

(1) Upon determination by the Township Engineer that the plans have meet all of the conditions of final plan approval, plans with all of the applicant's required seals and signatures shall be submitted as follows:

(a) Submission of a minimum of five copies of the plan.

(b) Submission of two copies of all other supplemental data/reports.

(c) An electronic copy of all documents shall be submitted on a USB/thumb drive in portable document format (PDF) file format.

(2) Upon signing by the Township, the Township Secretary shall distribute the plans as follows:

(a) One copy of the plan to the Code Enforcement Officer.

(b) One copy of the plan and supplemental data to the Township Engineer.

(c) One copy of the plan and supplemental data shall be retained for the Township records.

(d) Two copies of the plans will be returned to the applicant for recording. (NOTE: If the applicant wishes to have more copies, they shall be included with the original submission. However, they shall be limited to three additional copies for a total of five.)

§ 154-14 Final plan review.

A. Review by Township Planning Commission. When a final plan has been received and accepted for review, the Township Planning Commission shall review the plan at one or more regularly scheduled or special meetings to determine its conformance with the standards contained in this chapter and shall recommend such changes and modifications as it shall deem necessary to assure compliance with this chapter.

(1) The Township Engineer should review each final plan to determine whether the plan meets the requirements of this chapter and shall submit a report to the Township Planning Commission on the plan's compliance with this chapter.

(2) The Township Sewage Enforcement Officer shall report to the Township Planning Commission on all proposals for on-site sewage disposal.

(3) The Township Municipal Authority shall report to the Township Planning Commission on all proposals regarding public sewer or water.

(4) (Reserved)[1]

[1] Editor's Note: Former Subsection A(4), which provided for review of the final plan by the Township Zoning Officer to determine compliance with the Township Zoning Ordinance, was repealed 6-17-2003 by Ord. No. 204-2003.

(5) When reviewing a plan at a regularly scheduled or special meeting, the Township Planning Commission should consider, in addition to its own comments, written reports regarding the subdivision or land development from the Township Engineer, the Township Zoning Officer (if a review was requested by the Township Planning Commission), the Township Sewage Enforcement Officer, the Township Municipal Authority and any other reports which may have been received regarding the final plan.

[Amended 6-17-2003 by Ord. No. 204-2003]

(6) After the final meeting at which the final plan is reviewed by the Township Planning Commission, the Commission shall notify the Township Supervisors and the developer or his agent of its comments regarding the plan. The Commission may recommend that the plan be approved, conditionally approved or disapproved. If the Commission recommends that the plan be disapproved or conditionally approved, because the provisions of this chapter have not been met, the specific provisions of this chapter which have not been met shall be noted.

B. Review by Township Supervisors. After a final plan has been reviewed by the Township Planning Commission, the plan shall be reviewed by the Township Supervisors at one or more regularly scheduled or special meetings.

(1) If the final plan has been forwarded to the County Planning Commission for review, no official action shall be taken by the Township Supervisors with respect to the plan until the Township has received the written report of the County Planning Commission, provided that the report is received within 30 days from the date the plan was forwarded to the County Planning Commission for review. If such report is not received within 30 days, the Township Supervisors may proceed to take action on the plan without consideration of comments from the County Planning Commission.

(2) Before acting on a final plan, the Supervisors may arrange for a public hearing on a plan, giving public notice as defined by law.

(3) The Township Supervisors shall render their decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the planning Commission following the date the application is filed. Should the said next regular meeting occur more than 30 days following the filing of the application, the ninety-day period shall be measured from the 30th day following the day the application was filed.

(4) The decision of the Township Supervisors shall be 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.

(5) 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 the ordinance relied upon.

(6) A final plan shall not be recorded until the applicable requirements of § 154-15, Completion and guaranty of improvements, and § 154-16, Recording of final plan or sketch plan for record, have been met.

§ 154-15 Completion and guaranty of improvements.

A. Improvements agreement. No final plan shall be endorsed by the Township Supervisors unless a subdivision improvements agreement in a form acceptable to the Township Supervisors and Township Solicitor is executed.

B. Installation of improvements. No final plan shall be endorsed by the Township Supervisors, nor building permits issued, unless all the improvements required by this chapter and the subdivision improvements agreement have been installed, inspected and approved, in accordance with this chapter and said agreement.

C. Improvements guaranty.

(1) In lieu of the completion of any improvements as stated in § 154-15B above, prior to endorsement of the plan the developer shall deposit with the Township a financial security in an amount sufficient to cover the cost of all improvements or common amenities required by this chapter and the subdivision improvements agreement and the cost of preparing as-built drawings of those improvements. The financial security may be in the form of an irrevocable letter of credit or restrictive or escrow account in a federal or commonwealth chartered lending institution or other type of financial security which the Township approves. The financial security shall guarantee the completion of all required improvements on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements.

(2) When requested by the developer, in order to facilitate financing, the Township Supervisors shall furnish the developer with a signed copy of a resolution indicating approval of the final plan contingent upon the developer obtaining a satisfactory financial security. The final plan shall not be signed nor recorded until the financial improvements agreement is executed.

(3) 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 Township Supervisors; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.

(4) The amount of the 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 developer. 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 for 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 developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this subsection.

(5) 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 or developer and prepared by a professional engineer licensed as such in the Commonwealth of Pennsylvania and certified by such engineer to be a fair and reasonable estimate of such cost. Such estimate shall be submitted to the Township no less than 14 days prior to a meeting of the Township Supervisors. The Township, upon the recommendation of the Township Engineer or other agent, may refuse to accept such estimate for good cause shown. If the applicant or developer 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 the Commonwealth of Pennsylvania and chosen mutually by the Township and the applicant or 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 applicant or developer.

(6) 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 of 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 initial one-year period.

(7) The party posting the financial security may request the Township Supervisors to release or authorize release, from time to time, such portions of the financial security necessary for payment to the contractors performing the work. Any such requests shall be in writing addressed to the Township Supervisors and the Supervisors shall have 45 days from receipt of such requests within which to allow the Township Engineer or other agent to certify, in writing, to the Township Supervisors that such portion of the work upon the improvements has been completed in accordance with the approved subdivision or land development plan. Upon such certification the Township Supervisors shall authorize release by the bonding company or lending institution of an amount as estimated by the Township Engineer or other agent fairly representing the value of the improvements completed. If the Township Supervisors fail to act within said forty-five-day period, the Supervisors shall be deemed to have approved the release of funds as requested. The Township Supervisors may, prior to final release at the time of completion and certification by their engineer or other agent, require retention of 10% of the estimated cost of the aforesaid improvements.

(8) In the case where development is projected over a period of years, the Township may authorize submission of final plans by sections or stages of development, subject to such requirements or guaranties for improvements in the future sections or stages of development as it finds essential for the protection and proper development of any finally approved section of the development.

(9) 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.

D. Remedies to effect completion of improvements. In the event that any improvements which are required by this chapter have not been installed as provided in this chapter or in accord with the approved final plan, the Township may enforce any corporate bond or other security by appropriate legal and equitable remedies. If the proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the Township may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security.

E. Release of performance guaranty.

(1) When the developer has completed all of the necessary and appropriate improvements, the developer shall notify the Township Supervisors, by certified or registered mail, of the completion of the improvements and shall send a copy of the notice to the Township Planning Commission.

(2) The Township Supervisors shall within 10 days after receipt of notice of completion of improvements direct and authorize the Township Engineer or other agent to inspect the improvements. The Township Engineer or other agent shall then submit a written report regarding the improvements to the Supervisors and promptly mail a.copy of the report to the developer by certified or registered mail.

(3) The report shall be made and mailed by the Township Engineer or other agent within 30 days after receipt of authorization from the Township Supervisors. The report shall be detailed and shall indicate approval or rejection of the improvements, either in whole or in part.

(4) If the improvements or any portion thereof shall not be approved or shall be rejected by the Township Engineer or other agent, the report shall contain a statement of reasons for such nonapproval or rejection.

(5) The Township Supervisors shall notify the developer within 15 days of receipt of the Engineer's or other agent's report, in writing by certified or registered mail, of their action.

(6) If any portion of the improvements shall not be approved or shall be rejected by the Township Supervisors, the developer shall proceed to complete the improvements, and upon completion, the same procedure of notification as outlined above shall be followed.

(7) When completed improvements have been approved by the Township, the performance guaranty shall be reduced by no more than the amount which was estimated in the subdivision improvements agreement for the approved improvements.

F. Preparation of as-built plans.

(1) As-built plans for all improvements within the subdivision or land development listed in the subdivision improvements agreement shall be submitted to the Township within 30 days after inspection and approval of the improvements by the Township and prior to the release of the performance guaranty and acceptance of any such improvements by the Township. Plans shall be in accordance with the requirements of § 154-20 of this chapter and certified by the developer to be in accordance with actual construction. The developer is responsible for the preparation of such plans.

(2) If any information relating to potential lot owners shown on the recorded final plan shall have been changed, such as lot boundaries, easements and maintenance responsibilities, a revised subdivision and/or land development plan shall be filed with the Township in accordance with the procedures of this chapter.

G. Maintenance guaranty. Where the Township Supervisors accept dedication of all or some of the required improvements within a subdivision or land development following completion, the Township 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 specifications as depicted on the final plan for a term not to exceed 18 months from the date of acceptance of dedication. The financial security shall be of the same type as permitted for installation of improvements and the amount of the financial security shall not exceed 15% of the actual cost of installation of the improvements.

§ 154-16 Recording of final plan or sketch plan for record.

A. Endorsement by Township Supervisors. After the procedures required by this chapter have been completed, the Township Planning Commission has signed a plan and the Township Supervisors finally approve a plan, the Supervisors shall endorse the final plan or sketch plan for record.

(1) The endorsed plans shall be clear and legible black-on-white or blue-on-white prints on material acceptable to the Recorder of Deeds.

(2) Before any plan is released for recording, a copy of any permits required by the Pennsylvania Departments of Environmental Protection and Transportation shall be submitted to the Township.

(3) The Township shall receive one reproducible reproduction of the final plan as approved and recorded within 15 days of recording if requested by the Township Supervisors. The reproducible shall contain the Recorder of Deeds information as to Deed Book Volume and date of recording.

(4) Recording the final plan shall be an irrevocable offer to dedicate all streets and other public ways to public use and to dedicate or reserve all park reservations and other public areas to public use unless reserved by the subdivider as hereinafter provided. The approval or recording of the final plan shall not impose any duty upon the governing body or Township concerning maintenance or improvements by ordinance or resolution.

(a) All streets, parks or other improvements shown on the final plan shall be deemed to be private until such time as they have been offered for dedication to the Township and accepted by Township Supervisors. The acceptance of any improvements shall be by a separate action of the Supervisors and shall not occur by approval of a subdivision or land development plan.

(b) The developer shall agree to tender, if requested, a deed of dedication for any and all public improvements, including easements, to the Township when requested by the Township. Upon completion of any public improvements shown on an approved subdivision or land development plan and within 90 days after approval of such public improvements, as herein provided, the Township may require that the developer offer such public improvements for dedication. In such a case, the developer shall prepare a deed of dedication and forward same to the Township for review by the Township Solicitor.

(c) The Township may require that the developer supply a Title Insurance Certificate from a reputable company before any property is accepted by the Township. The developer shall place a notation on the final plan if there is no offer of dedication to the public of streets and certain designated public areas, in which event the title to such areas shall remain with the owner and the Township shall assume no responsibility for improvement or maintenance thereof; which fact shall be noted on the final plan.

B. Filing with Recorder of Deeds.

(1) Upon approval of a final plan or sketch plan of record by the Township Supervisors, the developer shall, within 90 days of such final approval, complete all conditions for approval and comply with all requirements of § 154-15. After the applicant's completion of all conditions for approval and compliance with all requirements of § 154-15, the Township Supervisors may endorse the record plan. The developer shall within 90 days of such endorsement record the plan in the office of the Recorder of Deeds. The Recorder of Deeds shall not accept any plan for recording unless the plan contains the endorsement of the Township Supervisors and official notification of review by the County Planning Commission. The developer should contact the County Planning Commission and County Recorder of Deeds Office to determine all applicable requirements for recording. If the subdivider fails to record the plan within such period, the approval action of the Township Supervisors shall be null and void. If the approval action becomes null and void, then a preliminary plan must be submitted, unless the Township Supervisors for cause shown allow a final plan to be submitted.

(2) All final plan sheets which contain restrictive notes, lot boundaries, easements, maintenance responsibilities other lot owner responsibilities and such other information relating to potential lot owners shall be recorded.

§ 154-17 Plans exempted from standard procedures.

A. Minor subdivisions. Except as otherwise provided in § 154-24A(8) of this chapter, in the case of any subdivision in which all proposed lots will have frontage on and direct vehicular access to an existing improved Township or state road and the parcel being subdivided will be divided into no more than three lots or parcels and the lots will be used for only single-family detached dwellings, the subdivider may submit only a sketch plan for record to the Township. The sketch plan shall contain all information required by § 154-18 of this chapter and be submitted and reviewed in accordance with §§ 154-9 and 154-10. The sketch plan shall be submitted to the County Planning Commission for review. The Township Planning Commission shall require the submission of the results of soil percolation tests when on-site sewage disposal is proposed. The Commission may also require submission to and review by the Berks County Conservation District and the Pennsylvania Department of Transportation when applicable. Further subdivision from a tract recorded under this section will require a review of plans in accordance with the standard procedures of this chapter.

B. Resubdivision.

(1) Any replatting or resubdivision of land, including changes to recorded plans, shall be considered a subdivision and shall comply with all requirements of this chapter; however, in the following instances the Township Supervisors may, at their discretion, permit the developer to submit only a revised final plan to the Township for review:

(a) Only lot lines shown on a recorded plan will be changed.

(b) All resultant lots will conform to the Township Zoning Ordinance and this chapter.

(c) Easements and rights-of-way will not be changed.

(d) Street horizontal and vertical alignment will not be changed.

(e) Block sizes will not be changed.

(f) Utility sizes and locations will not be changed.

(g) Open space and recreation areas will not be changed.

(h) The number of lots will not be increased.

(2) In addition to all items specified in § 154-20 of this chapter, the plan shall graphically show the lot line changes being made. The final plan shall be reviewed in accordance with § 154-14 and shall be submitted to the County Planning Commission for review.

(3) If the revision of lot lines would result in the relocation of driveway access points previously approved by PennDOT, the Township Supervisors shall require submission of the revised plan to PennDOT for approval.

C. Auction sale. In the case of the proposed subdivision of land by process of auction sale, the following procedure may be used by the subdivider:

(1) The subdivider shall prepare and submit a preliminary plan in accordance with this chapter.

(2) The preliminary plan shall comply with requirements of this chapter and in addition contain the following notation:

"This property is intended to be sold by auction on or about _______________, 2___, in whole or in part according to this Plan. Sale of lots at such auction shall be in the form of agreement to purchase and no actual transfer of ownership or interest in such lots shall proceed until a final plan showing such division of property shall have been approved by the Township Supervisors, in accordance with Township regulations and recorded in the office of the County Recorder of Deeds."

(3) After approval of a preliminary plan by the Township Supervisors, the auction sale may then proceed in accordance with the above notation, after which the subdivider shall prepare and submit a final plan in accordance with this chapter.

D. Lot annexations. Where the conveyance, sale or transfer of land from one parcel to an adjacent parcel is proposed for the sole purpose of increasing lot size and not for the purpose of creating a separate new lot or a land development, the landowner may submit only a sketch plan for record to the Township. The sketch plan shall contain all information required by § 154-18 of this chapter and be submitted and reviewed in accordance with §§ 154-9 and 154-10 and the sketch plan shall be submitted to the County Planning Commission for review. Precise bearings and distances shall be shown for the parcel being transferred and evidence shall be submitted that the tract from which a parcel is being transferred will not violate or further violate, as the case may be, any requirements of the Township Zoning Ordinance or other Township regulations. If development is proposed for the parcel which has been increased in size, no building or zoning permit shall be issued unless the applicable requirements or Township regulations are complied with. The subdivision plan shall contain a note that the parcel being transferred is not to be considered a separate building lot.