SUBDIVISION AND LAND DEVELOPMENT ORDINANCE THE TOWNSHIP OF UPPER TULPEHOCKEN BERKS COUNTY, PENNSYLVANIA

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1 SUBDIVISION AND LAND DEVELOPMENT ORDINANCE OF THE TOWNSHIP OF UPPER TULPEHOCKEN BERKS COUNTY, PENNSYLVANIA JULY, 1975 As Amended SEPTEMBER 12, 1994 As Amended DECEMBER 13, 2005

2 TABLE OF CONTENTS ARTICLE I AUTHORITY, TITLE AND PURPOSE Section 101. Authority Section 102 Title Section 103 Purpose ARTICLE II JURISDICTION AND APPLICATION Section 201 Jurisdiction Section 202 Application Section 203 Replatting or Resubdivision Section 204 Pending Approvals Section 205 Prior Approvals ARTICLE III PROCEDURES Section 301 Submission and Review Requirements Section 302 Sketch Plan Section 303 Preliminary Plan Section 304 Final Plan Section 305 Recording of Final Plan Section 306 Plans Exempted From Standard Procedures ARTICLE IV PLAN REQUIREMENTS Section 401 Sketch Plans Section 402 Preliminary Plans Section 403 Final Plan Section 404 Sewage Disposal Requirements ARTICLE V DESIGN STANDARDS Section 501 Application and General Standards Section 502 Streets Section 503 Blocks Section 504 Lots and Parcels Section 505 Sanitary Sewage Disposal Section 506 Water Supply and Fire Protection Section 507 Storm Drainage Section 508 Natural Features; Utility Easements; Erosion and Sediment Controls; Mobile Home Parks Section 509 Recreation Requirements Section 510 Traffic Study and Improvements Requirement ARTICLE VI IMPROVEMENT SPECIFICATIONS Section 601 General Requirements Section 602 Required Improvements Section 603 Recommended Improvements

3 ARTICLE VII ADMINISTRATION AND AMENDMENT Section 701 Fees Section 702 Modifications Section 703 Appeals and Challenges Section 704 Preventive and Enforcement Remedies Section 705 Keeping of Records Section 706 Responsibility Section 707 Conflicts Section 708 Revision and Amendment Section 709 Severability ARTICLE VIII DEFINITIONS Section 801 General Section 802 Specifications ARTICLE IX FORMS Section 901 Form LSR-1 Application for Approval of Minor Subdivision Plan Section 902 Form LSR-2 Application for Review of Preliminary Subdivision or Land Development Plan Section 903 Form LSR-3 Application for Review of Final Subdivision or Land Development Plan Section 904 Form LSR-4 Improvements Agreement Section 905 Form LSR-5 Site Investigation and Percolation Test Report Section 906 Form LSR-6 Subdivision Sewage Disposal Report.. 83 ARTICLE X APPENDICES Section 1001 Appendix I Certification of Ownership, Acknowledgment of Plan and Offer of Dedication.. 85 Section 1002 Appendix II Certification of Accuracy Section 1003 Appendix III Certificate of Municipal Approval Section 1004 Appendix IV Determination of Flood Plains Section 1005 Appendix V Method for Storm Drainage Runoff Calculations Section 1006 Appendix VI Flood Plain Regulations ARTICLE XI MISCELLANEOUS Section 1100 Severability Section 1101 Repeal of Conflicting Ordinances Section 1102 Effective Date

4 TOWNSHIP OF UPPER TULPEHOCKEN ORDINANCE NO. 6 of 2005 AN ORDINANCE OF THE TOWNSHIP OF UPPER TULPEHOCKEN, BERKS COUNTY, PENNSYLVANIA PROVIDING FOR THE CONTROL OF THE SUBDIVISION AND DEVELOPMENT OF LAND AND THE APPROVAL OF PLATS AND REPLATS OF LAND WITHIN THE JURISDICTION OF THE BOARD OF SUPERVISORS OF THE TOWNSHIP OF UPPER TULPEHOCKEN, BERKS COUNTY, PENNSYLVANIA. PROVISION IS MADE FOR THE AMENDMENT, ENFORCEMENT, AND ADMINISTRATION OF THESE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS. BE IT ENACTED AND ORDAINED by the Board of Supervisors of the Township of Upper Tulpehocken, Berks County, Pennsylvania, and it is hereby ENACTED AND ORDAINED by the authority of the same as follows: 3

5 ARTICLE I AUTHORITY, TITLE AND PURPOSE Section 101. Authority. An Ordinance providing for the control of the subdivision and development of land and the approval of plats and replats of land within the jurisdiction of the Board of Supervisors of the Township of Upper Tulpehocken Township, Berks County, Pennsylvania, ordained by the Board of Supervisors of the Township of Upper Tulpehocken Township, Berks County, Pennsylvania under the authority of The Pennsylvania Municipalities Planning Code, as amended. Section 102. Title. This Ordinance shall be known and may be cited as The Subdivision and Land Development Ordinance of the Township of Upper Tulpehocken Township. Section 103 Purpose. The purpose of this Ordinance shall be to provide uniform standards to guide the subdivision, re-subdivision and development of land of the Township of Upper Tulpehocken in order to promote the public health, safety and convenience and the general welfare of the residents and inhabitants of the Township of Upper Tulpehocken. It shall be administered to ensure orderly growth and development and the conservation, protection and proper use of land, and to provide adequate provisions for traffic circulation, utilities and services. At all times, the Township intends that this Ordinance serves to fulfill all purposes as set forth in the Pennsylvania Municipalities Planning Code (MPC) and should be interpreted to empower the Township and its officials to the fullest extent as authorized by the MPC. 4

6 ARTICLE II JURISDICTION AND APPLICATION Section 201. Jurisdiction. After the effective date of this Ordinance, no subdivision or land development or any lot, sewer, water main or other improvements in connection therewith shall be laid out, constructed, opened or dedicated for public use or travel or for the common use of occupants of buildings abutting thereon except in accordance with the provisions of this Ordinance. Section 202. Application. The provisions of this Ordinance shall not apply to a subdivision recorded prior to the effective date of this Ordinance. The provisions of this Ordinance shall apply to and control all other subdivisions and land developments within the Township, except as provided for in Section 204 and 205 Section 203. Replatting or Resubdivision. Any replatting or resubdivision of land, including a change of a recorded plan, shall be considered a new subdivision and shall comply with the provisions of this Ordinance Section 204. Pending Approvals or Disapprovals. If an application for approval of a Plan, whether Preliminary or Final, is pending approval or disapproval at the time of the effective date of this Ordinance, no provision of this Ordinance shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the governing ordinances as they stood at the time the application was filed. Section 205. Prior Approvals. When a Land Developer has had an application for approval of Preliminary or Final Plan approved prior to the effective date of this Ordinance, no provision in this Ordinance shall be applied to affect adversely the right of the Land Developer to commence and complete any aspect of the approved Preliminary or Final Plan in accordance with the terms of such approval within five (5) years from the date of such approval. When approval of a Final Plan has been preceded by approval of a Preliminary Plan, the five (5) year period shall be counted from the date of preliminary approval. If there is any doubt as to the terms of approval, the terms shall be construed in light of the provisions of the governing ordinances or Plans as they stood at the time when the application for such approval was duly filed. 5

7 ARTICLE III PROCEDURES Section 301. Submission and Review Requirements. (a) Hereinafter, subdivision and land development plans shall be reviewed by the Township Planning Commission, the County Planning Commission and other federal, state or county officials, as necessary, and shall be approved or disapproved by the Township Supervisors in accordance with the procedures specified in this Article III and in other sections of this Ordinance. (b) For all subdivisions and land developments that are exempted from standard procedures pursuant to Section 306 of this Ordinance, a sketch will be submitted and all other procedural requirements will be applicable. All sketch plan submissions under Section 306 will include a one-page application for exemption from standard procedures setting forth the basis for such exemption. The Township Engineer will review and either approve or reject the application for exemption at the time of the next Planning Commission meeting following the application. If the exemption is approved, the review process will proceed in accordance with Section 306. If the exemption is refused, the formal plan review process will not commence until the Land Developer files a preliminary plan in accordance with Section 303. No other sketch plans, for informal review or other purposes, will be accepted or reviewed by the Township. Section 302. Sketch Plan. (a) Sketch Plans shall comply with the requirements of Section 401. (b) Submission. The Land Developer shall submit ten (10) black-on-white or blue-on-white prints on paper of the Sketch Plan and three (3) copies of any supplementary data to the Township Secretary shall distribute the copies as follows: (1) Five (5) copies to the Secretary of the Township Planning Commission. (2) Two (2) copies to the County Planning Commission, when required to do so by the Township Planning Commission. (3) Two (2) copies to the Township Engineer. (4) One (1) copy retained for the permanent files of the Township Supervisors. (c) Review. The Sketch Plan shall be reviewed by the Township Planning Commission at one or more regularly scheduled or special meetings. If the Township Planning Commission determines that it would like the Sketch Plan to be reviewed by the County Planning Commission and/or the Township Engineer, the County Planning Commission and/or the Township Engineer shall be invited to review the Sketch Plan and 6

8 submit their comments regarding the Sketch Plan to the Township Planning Commission. If a Sketch Plan is submitted to the County Planning Commission for review, the Township Planning Commission shall not issue its written report regarding the Sketch Plan until the report of the County Planning Commission is received by the Township within (30) days of the date the Township forwarded the Plan to the County Planning Commission for review. (d) At one or more regularly scheduled or special meetings the Township Planning Commission shall review the Sketch Plan to determine its conformance to the requirements of this Ordinance and determine whether the proposed development is permitted under the Township Zoning Ordinance. The Township Planning Commission shall suggest any modifications of the Plan which it deems necessary to secure conformance to the regulations of this Ordinance or which it believes are in the public interest. (e) Within ten (10) calendar days after the final meeting at which the Sketch Plan is reviewed by the Township Planning Commission, the Planning Commission Secretary shall send to the following people written notice of the Planning Commission s recommended modifications in the Sketch Plan, if there are any, and any prerequisites to review of the Preliminary Plan by the Township Planning Commission: (1) The Township Supervisors. (2) The Land Developer or his agent. (3) The Township Engineer. (f) The written notice of the Planning Commission shall be sent to the people listed in Section 302 (e) within seventy-five (75) days after the date the Sketch Plan is submitted to the Township Secretary. Section 303. Preliminary Plan. (a) Submission. Preliminary Plans and required supplementary data for all proposed subdivisions and land developments, except as noted in Section 306, shall be submitted by the Land Developer or his agent to the Township Secretary. (1) The Township Supervisors shall render its decision and communicate it to the Land Developer or the Land Developer s representative not later than ninety (90) days following the date of the regular meeting of the Township Supervisors or the Township Planning Commission (whichever first reviews the application) next following the date the application is filed, provided that should the said next regular meeting occur more than thirty (30) days following the filing of the application, the said ninety (90) day period shall be measured from the thirtieth (30 th ) day following the date the application has been filed. The ninety 7

9 (90) day time period may be extended upon written request of the Land Developer. (2) Official submission of a Preliminary Plan shall include: (i) Submission of six (6) completed Application For Review of Preliminary Subdivision Plan (Form LSR-2 - Section 902) (ii) Submission of ten (10) black-on-white prints on paper of the Preliminary Plan. If the subdivision or land development is located in or is adjacent to another municipality, one (1) additional print shall be submitted for each additional municipality involved. (iii) If the proposed subdivision or land development requires new sanitary sewage facilities (individual or community on-lot septic systems, or small flow treatment facilities, or other types of sewage disposal), then a PA DER Sewage Facilities Planning Module must be completed, pursuant to Pennsylvania Code Title 25 Environmental Resources, PA. Dept. of Environmental Resources Chapters 71, 72, and 73 Regulations. Four (4) copies of the completed PA DER Sewage Facilities Planning Module must be submitted to the Township. (iv) Four (4) copies of all other information and plans which are required by Section 402. (v) Payment of the filing fee. (b) Distribution. information as follows: The Township Secretary shall distribute submitted (1) To the County Planning Commission: (i) Two (2) copies of the Preliminary Plan plus one (1) copy of the Berks County Planning Commission Review Form and appropriate fees. (ii) One (1) copy of all other required information and plans. (2) To the Township Planning Commission: (i) Five (5) copies of the Plan (ii) Four (4) copies of the completed PA DER Sewage Facilities Planning Module (if applicable). 8

10 (iii) One (1) copy of the Application for Review of Preliminary Subdivision Plan (LSR-2 Section 902) (iv) One (1) copy of all other required information and plans. (3) To the Township Engineer: (i) Two (2) copies of the Plan (ii) One (1) copy of the Application for Review of Preliminary Subdivision Plan (LSR-2 Section 902) (iii) One (1) copy of all other required information and plans. (4) To be retained by the Township Secretary (i) One (1) copy of the Plan. (ii) One (1) copy of the Application for Review of Preliminary Subdivision Plan (LSR-2 Section 902) (iii) One (1) copy of all other required information and plans. (c) Review by Township Planning Commission. When a Preliminary Plan has been received for review, the Township Planning Commission shall review the Plan at one (1) or more regularly scheduled or special meetings to determine its conformance to the standards contained in this Ordinance and shall recommend such changes and modifications as it shall deem necessary to assure compliance with this Ordinance. (1) The Township Engineer and the Township Zoning Officer shall review each Preliminary Plan to determine whether the Plan meets the requirements of this Ordinance, and the Township Zoning Ordinance, and if the Plan does not meet these requirements, recommend what modifications in the Plan are necessary to secure compliance with the requirements of this Ordinance and the Township Zoning Ordinance. (2) 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: (i) The Township Engineer 9

11 (ii) The County Planning Commission, if the same has been received within thirty (30) days of transmittal of plans to the County Planning Commission for review. (iii) If on-site sewage disposal is required for the proposed subdivision or land development, the four (4) copies of the appropriate PA DER Sewage Facilities Planning Module must be submitted to the Township Sewage Enforcement Officer. (iv) If a proposed subdivision or land development is partially located in an adjacent municipality, the Township Secretary (or his /her representative) will transmit one (1) copy of the plan to the adjacent municipality for review and comments. (v) The report of the Berks County Soil Conservation District on the Erosion and Sediment Control Plan. (3) Within seven (7) calendar days after the final meeting at which the Preliminary Plan is reviewed by the Township Planning Commission, the Township Planning Commission shall notify the following of the action taken by the Township Planning Commission regarding the Preliminary Plan. If the review of the Township Planning Commission is unfavorable because the requirements of the Ordinance have not been met or because the Commission deemed modifications in the Plan as submitted necessary in the public interest, the recommended modifications in the Plan and/or the specific provisions of this Ordinance which have not been meet shall be noted. If the Preliminary Plan is recommended to be approved subject to conditions, those conditions shall be noted. If the Preliminary Plan is recommended to be approved as submitted, that shall be noted. (i) The Township Secretary. (ii) Chairman of the Board of Supervisors. (iii)the Township Engineer. (iv) The Land Developer or his agent. (d) Review by Township Supervisors. After a Preliminary Plan has been reviewed by the Township Planning Commission, the Plan shall be reviewed at one (1) or more regularly scheduled or special meeting of the Township Supervisors (1) The Township Supervisors shall review the Preliminary Plan and the written reports of the Township Planning Commission, The Township Engineer, the Township Zoning Officer and all other reports which may have been received from the County and State agencies. The Township Supervisors shall either 10

12 approve or disapprove the Plan. 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 that the report is received within (30) days after the County Planning Commission received a request to review the Preliminary Plan. Failure of the County Planning Commission to act within thirty (30) days shall constitute County approval of the Plan as submitted, and the Township Supervisors may officially act on the basis of such approval. (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) Within fifteen (15) days after the final meeting at which the Preliminary Plan is reviewed by the Township Supervisors, the Township Secretary shall notify in writing the following of the action taken by the Supervisors regarding the Preliminary Plan: (i) The Township Planning Commission. (ii) The Township Engineer. (iii) The Land Developer. (4) The action of the Supervisors may be favorable, approving the Plan, or unfavorable, disapproving the Plan, or the Supervisors action may include approval under certain conditions. The Land Developer shall accept or reject any such conditions imposed by the Township Supervisors, in writing, within fifteen (15) days of notification as provided for in Section 303 (d) (3). The approved subdivision or land development plan shall be automatically rescinded upon failure of the land Developer to accept or reject such conditions. (5) 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. (6) If a Subdivision or Land Development Plan is submitted without an extension of time granted by the Board of Supervisors after one (1) year, the Township reserves the right to consider the Plan being submitted as a Preliminary Plan which shall require a new application and appropriate fee. Section 304 Final Plan. (a) Submission. Within twelve (12) months after approval of the Preliminary Plan, the Land Developer or his agent shall submit a Final Plan with all necessary supplementary data to the Township Secretary. An extension of time shall not exceed one (1) year. Failure to 11

13 meet this time limitation may result in a determination by the Township that it will consider any plan submitted after twelve (12) months as a new Preliminary Plan. (1) Official submission of a Final Plan shall include: (i) Submission of five (5) completed Application for Review of Final Subdivision Plan (Form LSR-3 Section 903). (ii) Submission of ten (10) black-on-white or blue-onwhite prints on paper of the Final Plan. Two (2) additional copies of the Plan shall be required if the Plan is to be reviewed by the Berks County Planning Commission. (iii) Submission of four (4) copies of all other supplementary data and plans as outlined in Section 403. (2) The Land Developer may submit a Final Plan in sections, each section covering a reasonable portion of the entire proposed subdivision or land development as shown on the approved Preliminary Plan, if permission is granted by the Township Planning Commission. The Township Planning Commission shall approve the method of dividing the tract into sections. If the Final Plan is submitted in sections, the first section shall be submitted to the Township for review within twelve (12) months after approval of the Preliminary Plan, unless an extension of time as provided for in Section 304 (a) is granted. No more than one (1) year shall elapse between submission of the Final Plan sections unless extensions of time are granted by the Township Supervisors. Each section of any residential subdivision or land development, except the last section, shall contain a minimum of twenty-five percent (25%) of the total number of dwellings proposed. (b) Distribution. Distribution of Final Plans and supporting data submitted to the Township Secretary shall be made as follows: (1) To the Township Planning Commission: (i) One (1) copy of the Application for Review of Final Subdivision Plan (Form LSR-3 Section 903). (ii) Five (5) copies of the Plan (iii) One (1) copy of all supplementary data and plans. (2) To the Township Engineer: 12

14 (i) One (1) copy of the Application for Review of Final Subdivision Plan (Form LSR-3 Section 903). (ii) Two (2) copies of the Plan (iii) One (1) copy of all supplementary data and plans. (3) To be retained by the Township Secretary: (i) One (1) copy of the Application for Review of Final Subdivision Plan (Form LSR-3 Section 903). (ii) Three (3) copies of the Plan (iii) One (1) copy of all supplementary data and plans. (c) Review by Township Planning Commission. When a Final Plan has been received for review, the Township Planning Commission shall review the Plan at one (1) or more regularly scheduled or special meetings to determine its conformance to the standards contained in this Ordinance and shall recommend such changes and modifications as it shall deem necessary to assure compliance with this Ordinance. (1) The Township Engineer and the Township Zoning Officer shall review each Final Plan to determine whether the Plan meets the requirements of this Ordinance, and the Township Zoning Ordinance, and if the Plan does not meet these requirements, recommend what modifications in the Plan are necessary to secure compliance with the requirements of this Ordinance and the Township Zoning Ordinance. (2) 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 and the Township Zoning Officer, and any other reports which may have been received regarding the Final Plan. (3) Within seven (7) calendar days after the final meeting at which the Final Plan is reviewed by the Township Planning Commission, the Township Planning Commission Secretary shall notify the following in writing of the action taken by the Township Planning Commission regarding the Final Plan. (i) The Township Secretary (ii) The Township Engineer (iii) The Land Developer and/or his agent 13

15 (4) If the review of the Township Planning Commission is not favorable, the Township Planning Commission shall recommend that the Plan not be approved and explicitly state the reasons for such action. Any modifications in the Plan which the Planning Commission feels should be prerequisites to approval of the Final Plan shall also be noted. If the Township Planning Commission recommends that the Final Plan as submitted be approved, this fact shall be noted in the minutes of the Township Planning Commission and the Township Planning Commission shall sign two (2) copies of the Plan for the Berks County Planning Commission, one (1) copy for the Recorder of Deeds and such additional copies as are deemed necessary by the Township or the Applicant. (d) Review by Township Supervisors. After a Final Plan has been reviewed by the Township Planning Commission, the Plan shall be reviewed at one (1) or more regularly scheduled or special meetings. (1) The Township Supervisors shall review the Final Plan and any written reports regarding the Plan from the Township Planning Commission, The Township Engineer, the Township Zoning Officer and where applicable, State or County agencies. Before approval of the Final Plan, the Township may require that any earthmoving, waterway obstruction, water supply and distribution, wetland and/or sewage treatment and discharge permits as required by the Pennsylvania Department of Environmental Resources and/or the U.S. Corps of Engineers have been obtained and a copy of the same submitted to the Township. (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) Within fifteen (15) days after the final meeting at which the Final Plan is reviewed by the Supervisors, the Township Secretary shall notify in writing the following of the action taken by the Supervisors regarding the Final Plan: (i) The Township Planning Commission. (ii) The Township Engineer (iii) The Land Developer and/or his agent. (4) The action of the Supervisors may be favorable, giving approval to the Final Plan, or the action maybe unfavorable, giving disapproving the Plan. The findings and reasons upon which the Supervisors action is based shall be given in writing to the persons listed under Subsection 304 (d) (3) and also stated in the 14

16 minutes of the Board of Supervisors. Any modifications in the Plan required as prerequisites to approval of the Final Plan shall be stated. The Land Developer shall accept or reject in writing within fifteen (15) days of written notification of the Township any such conditions imposed by the Township Supervisors, as provided for in this Ordinance. The approval of the subdivision or land development plan shall be automatically rejected upon failure of the land Developer to accept or reject such conditions. (5) The Township Supervisors shall render their decision within ninety (90) days following the date of the regular meeting of the Planning Commission next following the date the application was filed, provided that should said next regular meeting occur more than thirty (30) days following the filing of the application, the said ninety (90) day period shall be measured from the thirtieth (30 th ) day following the day the application has been filed, unless an extension of time is granted by the applicant in writing. (6) A Final Plan shall not be recorded until the requirements of Section 305, Recording of Final Plan have been met. Section 305 Recording of Final Plan. (a) Performance Guarantee. Prior to final approval of the Final Plan, the Land Developer shall guarantee the installation of all required improvements by one (1) of the following methods: (1) By installing the improvements required by Article IV of this Ordinance to the satisfaction of the Township Supervisors and the Township Engineer and obtaining a certificate from the Township indicating that all improvements have been installed in accordance with the standards and requirements contained in this Ordinance or by any conditions imposed by the Township, or other requirements or standards contained in any other applicable Township ordinance. (2) In lieu of the completion of any improvements required as a condition for final approval of a plat, the Land Developer may deposit with the Township financial security in an amount sufficient to cover the costs of any improvements or common amenities, including but not limited to roads, storm water detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements and buffer or screen plantings which may be required. When requested by the Land Developer, the Township Supervisors will furnish a signed copy of a resolution indicating approval of the Final Plan contingent upon obtaining financial security. The contingency approval shall expire and be deemed to be revoked if the financial security agreement is not executed within ninety (90) days. 15

17 Without limitations as to other types of financial security which the Township may approve, which approval shall not be unreasonably withheld, Federal or Commonwealth charter lending institution irrevocable letters of credit and restrictive or escrow accounts in which lending institutions as shall be deemed acceptable financial security for the purpose of this section. 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. Such bond or other 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. The amount of financial security to be posted for completion of the required improvements shall be equal to one hundred ten percent (110%) of the cost of completion estimated as of ninety (90) days following the date scheduled for completion by the Land Developer. Annually the Township may adjust the amount of the financial security by comparing the actual cost of improvements which have been completed and the estimated cost for completion of the remaining improvements as of the expiration of the ninetieth (90 th ) day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Township may require the Land Developer to post additional security in order to assure that financial security equals said one hundred ten percent (110%). Any additional security shall be posted by the Land Developer in accordance with this subsection. The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by the Land Developer, and prepared by a professional engineer licensed in the Commonwealth of Pennsylvania and certified by such engineer to be a fair and reasonable estimate of such costs. The Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the Land Developer and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed in the Commonwealth of Pennsylvania chosen mutually by the Township and the Land Developer. The third engineer s certified estimate shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is chosen, fees for services of said engineer shall be paid equally by the Township and the Land Developer. If the party posting the financial security requires more than one (1) year from the date of posting of the financial security to complete the required 16

18 improvements, the amount of financial security may be increased by an additional ten percent (10%) for each one (1) year period beyond the first anniversary date from posting of financial security up to an amount not exceeding one hundred ten percent (110%) of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one (1) year period by using the above bidding procedure. (3) In the case where development is projected over a period of years, the Township Supervisors may authorize submission of final plats by sections or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section or stage of the development. As the work of installing the required improvements proceeds, the party posting the financial security may request the Township Supervisors to release or authorize the 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 request shall be in writing addressed to the Township Supervisors, and the Township Supervisors shall have forty-five (45) days from receipt of such request within which to allow the Township Engineer 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 plat. 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 fairly representing the value of the improvements completed or, if the Township Supervisors fail to act within said forty-five (45) day period, the Township 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 the Township Engineer, require retention of ten percent (10%) of the estimated cost of the aforesaid improvements. 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. If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat 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 but not limited to buildings, upon the lots or land as depicted upon the final plat upon actual completion of the improvements depicted upon the approved final plat. Moreover, if said financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following the 17

19 improvement of the streets provided 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 plat, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonable use of or occupancy of the building or buildings. (b) Remedies to Effect Completion of Improvements. In the event that any improvements which may be required have not been installed as provided for in this Ordinance or in accordance with the approved final plat, the Township Supervisors 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 improvements covered by said security, the Township Supervisors may, at their 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 monies 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 Land Developer, or both, shall be used solely for the installation of the improvements covered by such security, and not for any other Township purpose. (1) Release of Performance Guarantee. When the Land Developer has completed all of the necessary and appropriate improvements, the Land Developer shall notify the Township 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 Township Supervisors shall within ten (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 Township Supervisors, and shall promptly mail a copy of the same to the Land Developer by certified or registered mail. The report shall be made and mailed within thirty (30) days after receipt by the Township Engineer of the aforesaid authorization from the Township 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 nonapproval or rejection. The Township Supervisors shall notify the Land Developer in writing by certified or registered mail of their action within fifteen (15) days of receipt of the Engineer s report. The Land Developer shall reimburse the Township for the reasonable and necessary expenses incurred for the inspection of the improvements. Such 18

20 reimbursement shall be based upon a fee schedule established by the Township. Any dispute in connection with such fees shall be resolved in accordance with section 510g of the Pennsylvania Municipalities Planning Code, as amended. (c) Dedication and Maintenance Guarantee. All streets, parks or other improvements shown on the subdivision or land development plan, recorded or otherwise, shall be deemed to be private until such time as the same have been offered for dedication to the Township and accepted, by resolution, by the Township Supervisors. Before acceptance for dedication of all or some of the required improvements following completion, the Township Supervisors shall 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 plat for eighteen (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 be fifteen percent (15%) of the cost of installation of said improvements. (d) Sediment and Erosion Control Plan. No Final Plan shall be approved by the Township until a Sediment and Erosion Control Plan approved by the Berks Soil Conservation District is submitted to the Township by the Land Developer. Such Plan shall also be approved by the Township. Before the Record Plan is released for recording, a copy of any earth-moving permits required by the rules and regulations of the Pennsylvania Department of Environmental Resources (see Title 25, Chapter 102) shall be submitted to the Township. (e) Endorsement by Township Supervisors. After the completion of the procedures required by this Ordinance, the Township Supervisors shall place their endorsements on the Record Plan and on as many other copies of the Final Plan as may be desired. The Record Plan shall be signed by at least a majority of members of the Board of Supervisors of the Township and the Township Seal shall be affixed to the Plan. No subdivision or land development plan may be legally recorded unless it bears Township endorsement indicated by the signatures of at least a majority of the Township Supervisors and the Township Seal. The Record Plan shall be clear and legible black-on-white print or other material acceptable to the Recorder of Deeds. (f) Endorsement by County Planning Commission. After the Plan has been endorsed by the Township Supervisors, the Plan shall be submitted by the Land Developer or his agent to the County Planning Commission for endorsement. No subdivision or land development plan may legally be recorded unless it has been endorsed by the County Planning Commission and bears the County Planning Commission stamp Reviewed. Such endorsement shall be indicated on the Record Plan. As a prerequisite for endorsement, the County Planning Commission will require 19

21 two (2) paper prints bearing the Township Seal and endorsement, by the Township Supervisors and copies of all earth-moving permits which may be required by the Pennsylvania Department of Environmental Resources (g) Filing With Recorder of Deeds. After endorsement by the Township Supervisors and by the County Planning Commission, the Land Developer shall file the Record Plan with the County Recorder of Deeds within ninety (90) days of the date of the meeting at which the Township Supervisors approved the Final Plan. If the Land Developer fails to record the Final Plan within such period, the action of the Township shall be null and void. (h) The Township shall receive one (1) reproducible reproduction of the Final Plan, as approved, and one (1) copy of the recorded Plan, as recorded by the Berks County Recorder of Deeds, indicating all applicable recording references. (i) All streets, parks or other improvements shown on the Final Plan shall be deemed to be private until such time as the same have been offered for dedication to the Township and accepted by resolution of the Township Supervisors. The acceptance of any improvement shall be by a separate action of the Township Supervisors. Section 306 Plans Exempted From Standard Procedures. (a) Minor Subdivision. 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 roads and the parcel being subdivided will be divided into no more than three (3) lots or parcels, and the lots will be used for only single-family detached dwellings, singlefamily semi-detached dwellings, two (2) family detached dwellings, or two (2) family semi-detached dwellings, the Land Developer may submit only a Sketch Plan of Record to the Township, rather than submit Sketch, Preliminary and Final Plan. The Sketch Plan shall contain all information required by Section 403 of this Ordinance and be submitted and reviewed in accordance with Section 304. The Sketch Plan of record shall be submitted to the Berks County Planning Commission for review. When on-lot sewage disposal is intended to be utilized, then a submission of a Sewage Facilities Planning Module to PA DER will be required prior to the approval of any or all individual Sewage Permits by the Township s Enforcement Officer. (b) Resubdivision. (1) Any replatting or resubdivision of land, including changes to recorded plans, shall be considered a subdivision and shall comply with this Ordinance, except that: (i) Lot lines may be changed from those shown on a recorded plan, provided that in making such changes: 20

22 a) no lot or tract of land shall be created or sold that is smaller than required by the Township Zoning Ordinance, and b) easements and right-of-way shall not be changed, and c) street locations and block sizes shall not be changed, and d) no lot shall be created which does not abut a street, and e) open space and recreation areas shall not be reduced, and f) the number of lots shall not be increased. (ii) In every case wherein lot lines are changed as permitted above, the Land Developer shall: a) Submit to the Secretary of the Township two (2) copies of the original plan, two (2) copies of the revised plan, and two (2) copies of the report describing all changes which have been made. Two (2) copies of all plans and reports shall be submitted to the County Planning Commission with the appropriate County application form and review fee. Within forty-five (45) days after submission, and upon receipt and consideration of the review comments from the County Planning Commission, the Township Planning Commission shall advise the Land Developer and the Township Secretary in writing if the revised Plan complies with Subsection 306 (b) (1) (i). b) When the Plan does comply with Subsection 306 (b) (1) (i), the Land Developer shall submit the Record Plan and a reproducible copy of the Record Plan (which will be retained by the Township) to the Township Secretary for the endorsement of the Township Supervisors. The Land Developer shall also submit the Record Plan to the County Planning Commission for its endorsement (which shall specifically identify the previous Record Plan thus superseded), and then record the Plan if endorsement is secured. When the Plan complies with Subsection 306 (b) (1) (i), the Township Supervisors shall endorse the Record Plan within forty-five (45) days after submission of the Plan to the Township Secretary. c) The Record Plan shall be a clear and legible black-on-white print or other material acceptable to the Recorder of Deeds. (iii) The Sketch Plan of Record shall be submitted to the Berks County Planning Commission for review. When on-lot sewage disposal is intended to be utilized, then a submission of a Sewage Facilities Planning Module to PA 21

23 DER will be required prior to the approval of any or all individual Sewage Permits by the Township s Sewage Enforcement Officer. (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 Land Developer. (1) The Land Developer shall prepare and submit Sketch and Preliminary Plans, in accordance with this Ordinance. (2) The Preliminary Plan shall comply with the requirements of Section 402 of this Ordinance and, in addition, contain the following notation: This property is intended to be sold by auction on or about, 20, in whole or in part according to this Plan. Sale of lots at such auction shall be in the form of an 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 its regulations, and recorded in the office of the County Recorder of Deeds. (3) The auction sale may then proceed in accordance with the above notation, after which the Land Developer shall prepare and submit a Final Plan in accordance with this Ordinance. (d) Subdivisions Along Existing Roads, Property Divided Into More Than Three (3) Lots or Parcels. 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 more than three (3) lots or parcels and the lots will be used for only single-family detached dwellings, single-family semi-detached dwellings, two (2) family detached dwellings, or two (2) family semidetached dwelling, the Township Planning Commission may, at its discretion, permit the Land Developer to submit only Sketch and Final Plan s to the Township, rather than require a Land Developer to submit Sketch, Preliminary and Final Plans. The Sketch Plan shall contain all information required by Section 401 of this Ordinance and shall be submitted and reviewed in accordance with Section 304. The Final Plan shall contain all information required by Section 403 of this Ordinance and shall be submitted and reviewed in accordance with Section 304. The Sketch Plan of record shall be submitted to the Berks County Planning Commission for review. When on-lot sewage disposal is intended to be utilized, then a submission of a Sewage Facilities Planning Module to PA DER will be required prior to the approval of any or all individual Sewage Permits by the Township s Sewage Enforcement Officer. 22

24 ARTICLE IV PLAN REQUIREMENTS Section 401 Sketch Plan. (a) The scale and sheet size of the Sketch Plan shall be as required in Subsection 402 (a) for Preliminary Plans. The Sketch Plan shall contain at least the following data, legibly drawn to scale. (1) The name and address of the Land Developer and the record owner. plan. (2) The name of the subdivision or land development and the date of the (3) Tract boundaries, accurately labeled, and a statement of the total acreage of the tract. (4) North point and graphic and written scales. (5) The name of the person or firm responsible for the design of the subdivision or land development. (6) The names of the owners of adjoining properties. (7) A location map, drawn to a scale of 1 = 800, with sufficient information to enable the Township Planning Commission to locate the property being subdivided. (8) Significant topographical and physical features (i.e., water bodies, quarries, flood plains, tree masses, railroad tracks, existing buildings, etc.) on the tract. (9) Proposed general street and lot layout. When apartments and/or townhouses are proposed, the general building, street, recreation and parking layout shall be shown. (10) A statement telling what methods of water supply and sewage disposal will be used. (11) A statement telling the proposed use for each lot, parcel and building indicated on the plan. (b) A soil map of the site, drawn at the same scale as the Sketch Plan, shall accompany the Sketch Plan or soil data may be shown on the Sketch Plan. Soil data shall 23