Certification Township of Pattersonelibrary.pacounties.org/Documents/Beaver_County/251; Patterson To… · Certification Township of Patterson I Paula J. Wagoner, Township Secretary,

C e r t i f i c a t i o n

Township of Patterson

I Paula J. Wagoner, Township Secretary, here,y certzfi

that this is a true and correct copy of the Township's Subdivision

& Land Development Regulations (Chapter 167-Code of the

Township of Patterson, County of Beaver, Commonwealth of

Pennsylvania, as adopted by Ordinance of the Board of

Commissioners on February 8, 1996).

Township Secretary

--

Chapter 167

SUBDIVISION AND LAND DEVELOPMENT

ARTlaE I General Provisions

$ 167-1. Compiiance required. $ 167-2. Plan required; improvements.

ARTICLEII Dehitions and Word Usage

$ 167-3. Word usage. $ 167-4. DeWtions.

ARTICLEITI Reapplication Conference

$ 167-5. F’rocedures; considerations. $ 167-6. Submission of plans and data.

ARTICLEIV PreliminaryPlans

$ 167-7. Submission and review

$ 167-8. procedures; action. Submission of plans and data.

A R n a v Final Plans

§ 167-9. Application procedures; review and action.

$ 167-10. Submission of plans and data.

mTICLEVI Subdivisions of Three Lots or Fewer

$ 167-11. Waiver of requirements. $167-12. Submission of plans and data. $ 167-13. Resubdividing or replathg.

ARTICLE vn Design Standards

$ 167-14. Application of standards. $ 167-15. Suitability of land; hazards. $ 167-16. Street mquirements. $ 167-17. Lots. $ 167-18. Building lines- $ 167-19. Blocks. 5 167-20. Easements. $ 167-21. Sidewalks. $ 167-22. Reserved areas. $ 167-23. Street names. $ 167-24. Access to streets.

ARTICLE m Improvements

$ 167-25. Grading. $ 167-26. Under drainage. $167-27. Curbing. $ 167-28. Base course. $ 167-29, Pavement wearing course. $ 167-30. Sidewalks. $ 167-31. Street Signs. $ 167-32. Sanitary sewers. $ 167-33. Sanitary sewage treatment

plant. $167-34. Storm drainage and facilities. $ 167-35. Water supply. 5 167-36. Monuments. $ 167-37. Street trees. $ 167-38. Minimum openness. 3 167-39. Existing natural conditions. 5 167-40. Erosion control.

16701 S - W O - 2 w 2

PATTERSON CODE

ARTICLEIX Open Space

$ 167-41. Location of common open space.

$ 167-53. Granting of variance.

ARTICLE m Amendments

$ 167-42. Ownership of common open space. hearing required; county

5 167-43. Homeowners’ associations. review.

$ 167-54. Amendment authority; public

ARTICLEX Conditions of Acceptance

$ 167-44. Performance requirements.

8 167-46. Release from imarovement

$ 167-55. Request for reconsideration.

$ 167-45. Performance guarantee. $ 167-56. Appeal to Court of Common Pleas. -

bond; procedure. 5 167-47. Remedies to effect completion of

improvements.

ARTICLE m Fees

$ 167-57. Fee to accompany application; schedule of charges.

$ 167-48. Maintenance bond. $167-49. Compliance with higher

standards required.

improvements. Certificates, Affidavits and Approvals Q 167-51. Township not responsible for

nonapproved improvements.

5 167-50. Recording requiremen&, ARTICLE xv

5 167-58. Certificates enumerated.

ARTICLEXI Variances

ARTICLEXVI Violations and Penalties

$ 167-52. Recommendation to grant 5 167-59. Violations and penalties. variance.

[HISTORY Adopted by the Board of Commissioners of the Township of Patterson 1-9-1984 by Ord. No. 277. Amendments noted wbere applicable.]

GENERALREFERENCES

Flood asmage prevention - See CL 94.

sewers - see ch. 158. Streets and s i d e d -See Ch. 164. zoning.- see ch. 190. Grading, excavation and 6 b - See Ch. 1W.

16702 s - 10 -2002

$ 167-1 SUBDMSION AND LAND DEVELOPMENT

ARTICLE I General F’rovisions

p 167-1. Compliance required.

5 167-4

No subdivision of any lot, tract or parcel of land shall be affected; no grading of the property shall be commenced; no street, sanitary sewer, storm sewer, water main or other facilities and public utilities in connection therewith shall be constructed, opened or dedicated for public use or travel, or for the common use of occupants of buildings abutting thereon, except in strict accordance with the provisions of this chapter.

8 167-2. Plan required; improvements.

No lot in a subdivision shall be sold; no permit to erect, alter or repair any building upon land in a subdivision shall be issued; and no building shall be erected in a subdivision, unless and until a subdivision plan has been approved and recorded, and until the improvements required by the Board of Commissioners in connection therewith have either been constructed or guaranteed as hereinafter provided.

ARTICLE II Definitions and Word Usage

8 167-3. Word wage.

For the purpose of this chapter, certain terms and words used herein shall be interpreted or defined as follows:

A. Words used in the present tense shall include the future.

B. Words used in the singular number shall include the plural.

C. Words used in the plural number shall include the singular.

D. The word “person” includes a corporation as well as an individual or an association of individuals;

E. The words “shall” and “will” are always mdatoiy.

F. The word “may” is permissive.

g 167-4. Definitions.

As used in this chapter, the following terms shall have the meanings indicated

ALLEY - A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.

AVAILABLE SEWER - A municipal sewer is considered available if:

16703 5- 10-2w2

9 167-4 PATTERSON CODE 9 167-4

Connection is recommended and/or required by the regulations of Patterson Township or any municipal authority incorporated in the Township;

Connection is recommended and/or required by the regulations of the Pennsylvania Department of Environmental Protection pursuant to the Pennsylvania Sewage Facilities Act, Act 537;' or

An existing municipal sewer line is located within 1,W feet of the nearest point of a subdivision, dependent upon a determination by the Board of Commissioners and/or their agents as to the feasibility thereof.

BLOCK - An area bounded by streets, utility, railroad, public facility or other rights-of- way; or easements or other definite barriers.

BOARD- The Board of Commissioners of Patterson Township, Beaver County, Pennsylvania.

BUILDING OR STRUCTURE - An independent and detached structure having a roof supported by columns or walls, or resting on its own foundation; including but not limited to mobile homes, garages, greenhouses and other accessory buildings; and utilized for housing, shelter or enclosure of persons, animals, chattels or activity sites.

BUILDING, FRONTLINE OF -The line of that face of the building nearest the frontline of the lot This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps or patios.

BULLDING LINE -The line of that face of the bnildiig nearest the front line of the lot. This face includes porches whether enclosed or not, patios and similar construction but excludes steps.

CARTWAY - That portion of the street right-of-way surfaced for vehicular use. Width is determined from face of curb to face of curb or from one edge of driving surface to the other edge of driving surface.

CLEAR SIGHT TRIANGLE - A triangular area of unobstructed vision on comer lots formed by a one-hundred-foot sight line along the center line of both intersecting streets from the intersection by a line joining these two sight lines at the greatest distance from their intersection. This entire area is to remain clear of obstructions to sight above a plane established 343 feet in elevation from grade level at the intersection of the street center line.

CLUSTER DESIGN OR DEVELOPMENT - A subdivision in which individual lots are designated in somewhat tighter arrangements than a conventional subdivision with a significant percentage of the total plot or parcel being dedicated and held as common open space.

COMMISSION, PLANNING - The Patterson Township Planning Commission.

COVENANT - An obligation defined by law or agreement, the violation of which can be restrained by court action; these are usually stated in the deed.

A.

B.

C.

'

1 Editor's Note: see35 PS. D 750.1 et seq. AIWI~WJ at time of adoption of= Code revisions; w CIL 1, ~ r r m.

16704 5- 10- 2002

5 167-4 SUBDMSION AND LAND DEVELOPMENT 5 167-4

CUL-DE-SAC - A residential street with one end open to traffic and pedestrian access and permanently terminated by a vehicular turnaround with a minimum right-of-way diameter of 100 feet.

DEVELOPER - Any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or a land development?

EASEMENT - Grant by a property owner for the use for a specific purpose or purposes of a strip of land by the general public, a corporation or a certain person or persons.

ENGINEER -The Engineer of the Township of Patterson.

HALF STREET - A strip of land equal to or less than Vz of the required rights-of-way reserved OT proposed for street purposes along the property line. (Half streets are prohibited except to complete another half street or as provided for in 5 167-la . )

IME’ROVEMEhTS -Those physical changes to the land necessary to produce usable and desirable lots from raw acreage, including but not limited to grading, paving, curbs, gutters, storm sewers and drains, improvements to existing watercourses, sidewalks, crosswalks, street signs, monuments, water supply facilities and sewage disposal facilities.

LOT - A designated parcel. tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit?

LOT, CORNER - A lot abutting two or more streets at their intersection, on which the building line for all streets must be observed.

LOT DEPTH - The mean horizontal distance between the front lot l i e and the rear lot line.

LOT, DOUBLE FRONTAGE - A lot which has access to a public right-of-way from both the front yard and back yard. Double frontage lots may be permitted only as a variance in accordance with the provisions of Article XI.

LOT, REVERSE FRONTAGE - A lot abutting a public right-of-way along both the front and rear yards, having access to only one of the public rights-of-way.

LOT WIDTH - The mean horizontal distance across the lot, between the side lot lines, measured at the building l i e .

MOBILE HOME- A transpo&ble, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations and constructed so that it may be used without a permanent f~undation.~

Editor’s Note: Amended at time of adoption of 2002 Code revisioos; see Ch. 1, Ah Ill.

Editor’s Note: Amended at time of adoption of ZOM Code resisions; see 13.1, Art Ill.

Edilor’s Note: Amended at time of adoption of 2002 Code -0s; see Ch. 1, Ah Ill.

16705 S-lO-2orJ2

5 167-4 PATTERSON CODE $ 167-4

MOBILE HOME LOT- A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile homes

MOBILE HOME PARK- A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon of mobile homes6

MUNICIPALITY - The Township of Patterson, Beaver County, Pennsylvania.

OFF-SITE SEWER SERVICE - A sanitary sewage collection system approved by the Township in which sewage is carried from an individual lot or dwelling unit by a system of pipes to a central treatment and disposal plant which may be publicly or privately owned and operated.

OFF-SITE WATER SERVICE - A potable water distribution system approved by the Township in which water is carried to individual lots or dwelling units by a system of pipes from a centd water source located beyond the limits of the lot being served which may be publicly or privately owned and operated.

ON-SITE SEWER SERVICE- A single system of piping, tanks or other facilities approved by the Township serving only a single lot and disposing of sewage in whole or in part into the soil.

ON-SITE WATER SERVICE- A single system of piping, tanks or other facilities serving only a single lot and obtaining the water either in whole or in p m from a primary source located within the l i t s of the lot being served.

OPEN SPACE - An unoccupied space open to the sky.

OWNER- The duly authorized agent, attorney, purchaser. devisee, fiduciary or any person having vested or equitable interest in the lot in question.

PARKING SPACE -Standards for off-street parking and loading areas:

A. A required off-street parking space shall be a minimum dimension of nine feet wide by twenty feet long.

A required off-street loading space shall be a minimum dimension of fifteen feet wide by sixty feet long.

C . When determination of the required number of off-street spaces for parking or loading results in a fractional space, any fraction of Vz or more shall be interpreted as a whole space.

No off-street parking or loading space shall be located within 10 feet of a public right-of-way.

PATIO - An outside surfaced area having no roof and no more than three sides walled or fenced.

B.

D.

EMitor’s Note: Amended at time of adoptinn of u)oZ Code revisions: set 13.1, Art. m. Editor’s Note: Amended at time of adoption of ZOO2 Code d o m ; sea Ch. 1, An m.

16706 5 -10 -2oM

5 1674 SUBDIVISION AND LAND DEVELOPMENT 5 1674

PLAN, COMPREHENSIVE - The Comprehensive Plan of Patterson Township, Future Land Use and Policy Guidelines, adopted December 12, 1983, as amended, or revised from time to time.

PLAN, PRELMJNmY - A tentative subdivision, in lesser detail than a final plan, showing approximate street and lot layout on a topogaphic map as a basis for consideration prior to preparation of a final plan.

PLAN, FINAL- A complete and exact subdivision plan, prepared by a registered professional engineer or registered surveyor for official recording as required by statute, to define property rights, proposed streets and all other improvements.

PUBLIC UTILm - Gas, electric and telephone service

RESERVE STRIP - A strip of land adjacent to a street intended to control access to the street from an adjacent property.

RESUBDMSION or REPLA‘ITING - The modification of a recorded subdivision, in whole or in part, by a redesign of lots, by change of size, area or by street l a y o ~ t . ~

RIGHT-OF-WAY - Land reserved for use as a street, alley, interior walk or other public purpose and dedicated for public use: all must be recorded in the Recorder of Deeds Office, Beaver County, Pennsylvania.

SEWAGE ENFORCEMENT OFFICER - The designated official of the Township who issues and reviews sewage permit applications and conducts such investigations and inspections as are necessary to implement the Pennsylvania Sewage Facilities Act? as amended, and the rules and regulations thereunder.

STREET CLASSIFICATIONS - The following street classifications shall apply to streets in the Township of Patterson and shall be applied as defined in the Comprehensive Plan of Patterson Township, Future Land Use and Policy Guidelines, adopted December 12, 1983, as amended, or revised from time to time:

A.

B.

C.

-

EXPRESSWAY - Limited access freeways which cany through traffic between major urban centers and to and from points outside of a region with no local interference.

ARTERIAL- A road which brings traffic to and from an expressway and serve major movements of traffic within or through the areas not served by expressways. Arterials serve primarily to move traffic, but also perform a secondary function of land service.

COLLECTOR - A class of road which serves the internal traffic movement within the Township and connects developed areas with the arterial system. Collectors do not accommodate long, through trips and are not continuous for any appreciable length The principal difference between collector and arterial roads is the length of trip accommodated. The collector system simultaneously supplies abutting property with land service and accommodates local internal traffic movements. __ -

Editor’s Note: Amended at time of adoption of UWZ Code revision?; see Cb. 1, Art lIL

Editor’s Note: See 35 PS. p 750.1 et q.

16707 5 -10-2002

5 1674 PATTERSON CODE 5 167-5

D. LOCAL - A street whose sole function is to provide access to immediately adjacent land. Such streets normally represent a fairly large percentage of the total street mileage but cany a small portion of the vehicle miles traveled daily.

STREET MAINTENANCE - The procedure applied to new or existing streets or streets under construction, including but not limited to resurfacing, regrading, drainage improvement, pothole repair, dust prevention practices and snow removal.

SUBDIVIDER -The owner, or authorized agent of the owner, of the subdivision.

SUBDIVISION - The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines, for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be exempted9

TOPOGRAPHIC MAP- A map showing ground elevations by contour limes and the location of important natural, man-made and other features.

UTILITY - A sanitary sewer and water and storm sewer facilifies.

VARIANCE - Relief granted pursuant to the provisions of Articles VI and IX of the Municipalities Planning Code.lo

YARD, FRONT - A yard extending across the full width of the lot, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar improvements, the depth of which is the least distance between the front lot l i e and the building line.

YARD, REAR - A yard extending across the full width of the lot between the rear of the principal building and the rear lot line, unoccupied other than by steps, walks, terraces, driveways, lampposts and similar improvements.

YARD, SIDE - A yard between the principal structure and the side lot line, extending from the front yard, or fiom the front line where no front yard is required, to the rear yard. The width of the required side yard is measured horizontally, at 90" with the side lot line, from the nearest part of the principal building.

ARTICLEm heapplication Conference

p 167-5. Procedures; considerations.

A. All potential subdividers are required under this article to present all.information and data as indicated in 5 167-6 for review and discussion with the Planning Commission. The Planning Commission shall provide information to the subdivider relative to the

9 Editor's Note: Amendrd at tiom of adoption 01 20VZ Code d o n s ; see Ch. 1, A- llL

lo Editor's Note: Amended at time of adoption of 2002 Code rwisions; see Ch. 1, Art. III.

16708 5 -10-2002


requirements of this chapter as they relate to the specific plan and shall indicate the general suitability of the proposed plan for refinement into preliminary plans.

B. In assessing the suitability of the plan, the Planning Commission shall consider the Township's plan of future land use, thoroughfare plan, community facilities plan or any plans of the Planning Commissiou, including but not limited to proposed streets, recreation areas, drainage reservations, shopping centers and school sites.

C. Also to be considered is whether the land is subject to hazards to health, safety and welfare. Such land shall not be subdivided until such hazards are mitigated. These hazards shall be interpreted to mean land subject to flooding, slides due to excessive slope or excavation, excessive erosion, improper drainage, mine subsidence problems or land unsuited for on-site sewage disposal.

0 167-6. Submission of plans and data.

Submission of the following information at the preapplication conference is recommended:

A. General information. Generally describe existing covenants, land characteristics, community facilities and utilities and information about the proposed subdivision such as the number of lots, typical lot width and depth, commercial areas, playgrounds, park areas, other public areas, proposed protective covenants, proposed utilities and street improvements.

B. Topographic map. An existing United States Geological Survey Quadrangle Sheet or other acceptable map showing topographic features.

C. Sketch plan. A simple sketch of the tract boundaries, proposed layout of streets, lots and other features in relation to existing conditions.

ARTICLE IV Preliminary Plans

0 167-7. Submission and review procedures; action.

A. Application. The subdivider or applicant shall prepare and submit to the Patterson Township Planning Commission by delivery to the Patterson Township Secretary at least 15 days prior to the regular monthly meeting of the Planning Commission copies of the preliminary plans, in numbers as required by the Township, of the total land to be ultimately developed. Upon receipt of the plan, the Board of Commissioners shall forward eight copies to the Beaver County Planning Commission for a review and report, together with a fee sufficient to cover the costs of the review and report, which fee shall be paid by the applicant; provided that the Township shall not approve such application until the County report is received or until the expiration of 30 days from the date the application was forwarded to the county."

l1 Editor's Note: Amended at time of adoption 0 1 2 W Code revisions; see Ch. 1, Art m.

16709 5- IO-2002

5 167-7 PATTERSON CODE 167-8

B. Planning Commission review. The Planning Commission shall review the plan submitted covering the requirements of this chapter point by point and shall consult with the Township Engineer and officials of any other department or authority that m y be concerned.

C. Planning Commission action. The Planning Commission will notify the subdivider of the scheduled meeting, place, date, time and agenda. Within 30 days of the scheduled meeting, . the Planning Commission shall submit written report to the Board of Commissioners on the subdivision, recommending approval, conditional approval or disapproval, each with reasons for the action.

D. Action of Board of Commissioners. The Board of Commissioners shall act on the preliminary plan within 30 days of receipt of the Planning Commission report stating its approval, conditional approval or disapproval, giving reasons for each, and shall notify the subdivider, by certilied or by registered mail, within 15 days of its decision, disapproval or, if approved or conditionally approved, the authorization to submit a final

Nature of approval. Approval of a preliminary plan shall not constitute approval of a final plan but rather an expression of approval of the layout submitted on the preliminary plan as a guide to the preparation of the final plan.

E.


All applications for preliminary plan approval shall include but not be limited to the following information:

A. All plans shall be prepared by a professional land surveyor and shall also contain the certification of a professional engineer where the provisions of this chapter require services that may only be rendered by a professional engineer. All applicants should refer to the Professional Engineers Registration Law, 63 P.S. 148 et seq., as amended, for further information in this regard.

B. The preliminary plan shall be drawn at a scale of at least one inch equals 100 feet.

C. Zoning classification of the land.

D. Locationmap.

E. The plan shall show or be accompanied by the following:

(1) A draft of protective covenants, if any.

(2) A title to include:

(a) The name by which the subdivision will be recorded.

(b) The location by municipality, county and state.

(c) The names and addresses of the owner or owners.

Editor’s Note: Amended at time of adoption 012002 Code misim sce ch. 1, Art m.

16710 5-10 -2002

5 167-8 SUBDIVISION AND LAND DEVELOPMENT 5 161-8

(d) The name of the registered professional engineer and/or registered professional land surveyor who surveyed the property and prepared the plan.

(e) North point, date and graphic scale.

(3) Tract boundaries with bearings, distances and area in acres to the nearest hundredths.

(4) Existing easements, their location, width and distance.

(5) Tract closures with an allowable error of not greater than 1 to 10,000.

(6) Contours at vertical intervals of two feet for land areas with slope of five percent or less and at five-foot intervals for land areas with a slope of greater than 5%. Contour lines must extend 100 feet on all sides.

(7) Datum to which contour elevations refer.

(8) Benchmarks.

(9) Existing physical features to include:

(a) Watercourses, culverts, bridges and drains.

(b) Buildings, sewers, water mains and fire hydrants.

(c) Streets and alleys on or adjacent to the tract, including name, right-of-way widths and cartway widths.

(d) Telephone conduit line, electric power transmission lines, petroleum product lines and other significant man-made features.

(10) Proposed improvements shall include (in scale dimensions):

(a) The location name and width of all proposed streets and alleys and paved cartway widths.

@) A!.l rights-of-way and easements.

(c) Lot lines.

(d) Building lines.

(e) Reservations of ground for public use.

(0 A general drainage plan for stormwater to include proposed flow of stormwater in relation to natural channels.

(g) A plan of the proposed water distribution system or a plan showing the location of individual wells.

(h) A plan of the proposed sanitary sewerage system or a plan, where required, showing the proposed location of on-lot sewage disposal facilities. This plan shall be in accordance with the Pennsylvania Sewage Facilities Act (Act 537), as amended.’3

16711 5 - 10- 2002


(i) The proposed land use of the improvements.

(i) The names and addresses of abutting property owners.

(k) Where the preliminary plan covers only a part of the subdivider’s entire holding, a sketch shall be submitted of the prospective street layout of the remainder of the land.

The subdivider shall provide such additional information as may be required by the Planning Commission, Board of Commissioners, Zoning Officer or Township Engineer 01 other Township agency or organization in order to more fully evaluate the proposed subdivision and its effect on adjacent property or the Township as a whole. Such information may include:

(1) Street profiles showing existing ground elevations and proposed center line street grades.

(2) The subsurface condition of the tract.

(3) Typical cross sections of roadways and sidewalks.

(4) Sues of water pipes and location of valves and fire hydrants.

( 5 ) Location of manholes, invert elevations, grades and sizes of sanitary sewers.

(6) If the proposed subdivision is located in a designated floodplain, base flood elevation data shall be contained in the plan.

F.

’

ARTICLE V Final Plans

5 167-9. Application procedures; review and action.

A. Application. When filing an application for approval of a final plan, the subdivider shall submit to the Planning Commission, at least 15 days prior to the regular meeting of the Planning Commission, an original Mylar (or linen), plus 10 copies of all plans and information. AU final plans and other exhibits required for approval shall be submitted to the Planning Commission within three years after approval of the Preliminary Plan. Otherwise, such approval shall become null and void unless an extension of time is applied for and granted by the Planning Commission.

B. Disposition of plans. Two copies of all hal plans shall be retained by the Planning Commission; one copy shall be forwarded to the Beaver Connty Planning Commission; one copy shall be retained by the Board of Commissioners; one copy shall be returned to the subdivider; and the original shall also be returned to the subdivider for recording purposes according to Article X, 5 167-50.

C. Planning Commission review and action.

(1) The Planning Commission shall review the h a l plan and prepare a written report for the Board of Commissioners. The report shall contain recommendations for approval, conditional approval or disapproval with specific reasons for the recommended action. Prior to finalization of the written report, the Planning Commission may schedule a

16712 5 - 10 -mz


special meeting mutually convenient to the subdivider and the Planning Commission for consideration of the final plan. If within 40 days of receipt of the final plan, a mutually convenient date for such meeting cannot be established with the subdivider, consideration of the hal plan shall be conducted at a regular meeting of the Planning Commission.

(2) The subdivider and all Planning Commission members shall be given seven days’ written notice of such meeting, the notice to contain the time, place, date and schedule. At the Planning Commission meeting, the subdivider shall be given an opportunity to discuss any matters in the final plan which may assist the Planning Commission in making its recommendations to the Board of Commissioners.

D. Action of Board of Commissioners. The Board of Commissioners shall render its decision on the final plan and communicate its decision to the subdivider not later than 90 days after the application is filed.

(1) The decision of the Board of Commissioners shall be. in writing and shall be communicated to the applicant by certified or registered mail, at his last known address not later than I5 days foIlowing the deci~ion.’~

(2) 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 statute or ordinance relied upon.

(3) Failure of the Board of Commissioners to render a decision and communicate it to the applicant within the time and in the manner specified shall be. deemed an approval of the application, unless the applicant has agreed, in writing, to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.

(4) From the time an application for approval of a 6nal plan is duly filed as provided in this chapter, and while such application is pending approval or disapproval, no change or amendment of the zoning, subdivision or other governing ordinance or plan shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. In addition, when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved p r e l i a r y application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in government regulations. When an application for approval of a plat, whether p r e l i a r y or final, has been approved without conditions or approved by the applicant’s acceptance of conditions, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval. Where final approval is preceded by preliminary approval,

16713 5 - 10-2002


the aforesaid five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the 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.15

(4) Before acting on any subdivision plan, the Board of Commissioners may hold a public hearing thereon after public notice and may notify surromdmg property owners of such public hearing.

(6) The Board of Commissioners shall not give its 6nal approval to the final plan until the Beaver County Planning Commission report is received, or until the expiration of 30 days from the date the preliminary plan application was forwarded to the ~ 0 u n t y . l ~

E. Nature of approval. Approval of a final plan shall not constitute authorization to commence construction. Prior to construction start, all necessary permits, approvals, agreements and sureties must be secured by the developer at his cost.

Title certificate. No 6nal plan shall be approved by the Board or Commissioner unless a certificate of title or other proof of a proprietary interest in the land on the part of the subdivider is furnished to the Board of Commissioners.

F.


All applications for final plan approval shall include but not be limited to the following information:

A. AU plans shall be prepared by a professional land surveyor and shall also contain the certification of a professional engineer where the provisions of this chapter require services that may only be rendered by a professional engineer. All applicants should refer to the Professional Engineers Registration Law, 63 P.S. 148 et seq., as amended, for M e r information in this regard.

B. All plans shall be drawn on Mylar, linen or other comparable permanent material and shall be on sheets of at least 17 inches x 22 inches and not larger than 24 inches by 36 inches including a border of Vz inch on all sides, except the binding edge which shall be one inch. More than one sheet may be used for larger tracts and must be of the same scale and indexed.

C. All plans shall be drawn with waterproof black ink and all records, data, entries, statements, etc., thereon shall also be made with the same type of ink or reproducible typing, except that contour lines when shown shall be drawn with waterproof brown ink or with diluted waterprmf black ink, so that the contour lines will be shown faintly on a print made from the plan.

D. All plans shall be drawn to a scale of at least one inch equals 100 feet and shall be. of sufficient size to clearly show all notations, dimensions and entries. All dimensions shall be shown in feet and decimals of a foot.

l5 ~tor'sNote:AmendeddtimeoladoptirmalZ~Coderevisions; seeCh1,ArLm.

l6 Editor's Note: Ammded at time of adoption of 2WZ Code rrvidoos; sea C h 1, ArL Ul.

16714 5 - 10 - Z W


E. All plans shall contain a title block in the lower right corner with the following:

(1) The name under which the subdivision is to be recorded.

(2) The date of plan, graphic scale and location of subdivision.

(3) The name of subdivision owner.

(4) The name and address of the registered professional engineer or registered

All final plans submitted shall be drawn according to the following:

(1) Outside of subdivision:

professional land surveyor preparing the plan.

F.

(a) Streets and other ways by medium solid l ies .

(b) Property lines of adjacent subdivisions by medium dashed and two dotted lines.

(c) Lot lines by light dotted lines.

(d) Restriction l ies , easements, etc., by light dashed lines.

(2) Within subdivision:

(a) Streets and other ways by heavy solid lines.

(b) Perimetered property lines of subdivision by heavy dashed and two dotted lines.

(c) Lot lines by medium solid l ies.

(d) Restriction of building lines by medium dashed lines.

(e) Easements or other reserved areas by light dotted l ies .

G. The h a l plan shall show:

(1) Primary control points, or benchmarks, approved by the Township Engineer or description and ties to which all dimensions, angles, bearings and similar data shall be referred.

(2) The acreage of each lot or parcel.

(3) Tract boundary lines, right-of-way l i e s of streets, easements and their purpose and other rights-of-way and property lines of lots and other sites with accurate dimensions, bearings or deflection angles, radii, arcs and central angles of all curves.

(4) The name and right-of-way width of each street or right-of-way.

(5) The location, dimensions and purpose of all easements.

(6) A number to identify each lot or site.

(7) The purpose for which sites other than residential are to be used.

(8) The building setback line on all lots and sites.

(9) The location and description of survey monuments.

(10) The names of recorded ownerj of adjoining unplotted land and zoning classification.

16715 5 - 10 -2WZ


(11) The certification of the surveyor or professional engineer showing name, address,

(12) A statement by the owner dedicating streets, rights-of-way, and sites for public use.

(13) The protective covenants, if any, in form for recording

(14) Such other certificates, affidavits, endorsements or dedications as may be required in

(15) Certification blocks for the appropriate governing and planning bodies.

(16) Stceet profile data showing existing ground elevations and proposed center l i e street

H. Submitted with the final plan shall be the following additional information:

(1) Profiles showing existing ground and proposed center line and street grades.

(2) 7ypical cross sections of roadways and sidewalks.

(3) A plan showing the size of water pipes and location of values and h e hydrants.

(4) A plan showing the location of manholes, invert elevations, grades and sizes of sanitary sewers.

(5) A h a 1 grading plan.

(6) A sedimentation and erosion control plan approved by the Beaver County Conservation District under authority of the Pennsylvania Department of Environmental Protection Rules and Regulations, Title 25, Chapter 102, Erosion Control, if needed.17

(7) A sewage disposd plan approved by the Pennsylvania D e p m e n t of Environmental Protection pursuant to the Pennsylvania Sewage Facilities Act, (Act 537),’s as amended, and all supplemental documentation which may be required to update the municipality’s sewage facilities plan required under said Act.”

(8) A plan for placement of gas, electric, telephone and cable television service lines, as applicable, pursuant to the rules and regulations of the Pennsylvania Public Utilities Commission.

(9) If the proposed subdivision is located in a designated floodplain, base flood elevation data shall be contained on the plan.

registration, number and seal.

the enforcement of this chapter.

pades.

l7 Edilor’r Note: Ameded at time of adoptismof lW2 Code dm, see Ch. 1, Art UL

Is Editor’s Note: See 35 PS. $750.1 el seq.

19 Edilm’s Note: Amended at time of adoption of 2002 Code revisions; see cb. 1, Art m.

16716 5- 10-2002


(IO) A complete drainage plan for the subdivision, including all storm sewers and appurtenances, along with the method of disposal of all stomwater collected and method of drainage for adjacent territory. The drainage plan and design calculations shall be. based on a ten-year storm frequency, unless otherwise determined by the Township Engineer and the Board of Commissioners.

ARTICLEVI Subdivisions of Three Lots or Fewer

8 167-11. Waiver of requirements.

The Planning Commission may waive the requirements of Articles IV and V for subdivisions of three lots or fewer requiring no additional streets or street openings upon application of the subdivider for waiver of said requirements. In the case where a waiver is granted, an appIication for final plan approval shall be filed with the Planning Commission along with the plans and data required in 5 167-12 and shall be. processed according to Article V, 5 167-9.

(Cont’d on page 16717)

16716.1 5 -10- 200’2

$ 167-23 SUBDMSION AND LAND DEVELOPMENT 167-26

§ 167-23. Street names.

The subdivider may choose his street names subject to the approval of the Planning Commission and the Board of Commissioners. No street, other than an extension, may be given the name of an existing street in the Township’s postal service area. A letter from the local postmaster certifying that the street names used are not duplication of street names within the same post office service area shall be filed by the developer.

5 167-24. Access to streets.

In subdividing land, it shall be done in a manner that will not have the effect of barring adjacent property owners from access to the streets and ways of alignment.

ARTICLE m Improvements

5 167-25. Grading.

A. Streets shall be graded to grades and cross sections as established on and presented with the preliminary plans and street profiles and as approved by the Board of Commissioners.

B. Streets shall be graded to the full width of the street right-of-way. Slopes of a minimum of two feet to one foot shall be constructed, commencing at the street right-of-way and extending on to the lots of properties adjoining the street right-of-way. This applies to both cut and fill sections.

C. The subgrade of a street shall be brought to the proper grade and contour and shall be rolled and cross rolled with a ten-ton roller. AU soft spots shall be. removed. These soft spots shall be recompacted with a suitable firm material, approved by the Board of Commissioners, before the placing of any base material.

D. No base come shall be placed until the subgrade has been inspected and approved by the Township or its designated agent.

§ 167-26. Under drainage.

A. In areas where springs, poor soil drainage conditions, wet weather springs or where conditions exist that underground drainage is necessary to properly protect the proposed street pavement, there shall be constructed pipe underdrain, stone underdrain or subgrade drains according to current Pennsylvania Department of Transportation design and construction specifications, subject to approval of drawings and design by the Board of Commissioners or its designated agent.

B. If, during construction, unknown poor drainage conditions are encountered by the owner, he shall notify the Township Engineer and correct such conditions encountered at the direction of the Board of Commissioners to their complete satisfaction.

16723 5 - 10-2002

5 161-21 PATERSON CODE $167-30

$ 167-27. Curbing.

The type of curb used and its location are to be determined by the Board of Commissioners and subject to i t s approval before installation.

A. Concrete curbs shall be of the following types:

(1) Saaight curb 8 inches by 24 inches;

(2) Battered curb 6 inches by 8 inches by 24 inches;

(3) Rolled curb and gutter;

(4) Combined curb and sidewalk; or

(5) Extruded concrete curb.

B. Bituminous curbing shall be of the following type:

(1) Extruded bituminous; or

(2) Paved gutter and rolled curb.

$ 167-28. Base course. The base course and subbase course shall be constructed to the lines, grades and cross sections as approved, with all materials used and all construction requirements performed in conformity with the Pennsylvania Department of Transportation’s Highway Design Manual for the type of street proposed.

$167-29. Pavement wearing course.

The pavement wearing course shall be constructed to the lines, grades and cross sections as approved, with all materials used and all construction requirements performed in conformity with the Pennsylvania Department of Transportation’s Highway Design Manual for the type of street proposed. The Township shall have the right to request such additional documentation to assure the proper pavement design, soil condition and drainage requirements are met in accordance with good engineering practice.

$ 167-30. Sidewalks.m

Sidewalks, when required by the Board of Commissioners, shall be of poltland concrete four inches in thichess, except at driveways where they shall be a minimum of six inches in thickness. Sidewalks shall be a minimum of five feet in width, exclusive of the width of the curb.

2o Fditar’s Note: Amended at time of adoption of 2002 Code revisions; sce Ch. 1, Art. m.

16724 5 - 10 -2002


9 167-31. Street Signs.

Street name signs shall be installed at each street intersection in accordance to the type of materials, designs and standards established by the Board.of Commissioners.

8 167-32. Sanitary sewers.

A. Installation of sanitary sewers, including hunk lines, manholes and other appurtenances, shall require a Department of Environmental Protection consauction permit and be constructed as per the specifications of the Patterson Township Board of Commissioners and the Patterson Township Municipal Authority or other agency having jurisdiction and subject to inspection by the same. Installation of house lines, laterals and other appurtenances thereto shall comply with the rules and regulations of the Patterson Township Board of Commissioners and the Patterson Township Municipal Authority and subject to inspection by the same.21

B. In areas where a municipal sewer is not available (over 1,OOO feet from the nearest point of the subdivision), is not planned, is not topographically feasible or where an easement cannot be obtained through adjoining property, individual septic systems may be permitted, subject to the requirements of the Board of Commissioners and the Department of Environmental

C. Where any portion of the subdivided property abuts on a municipal sanitary sewer line, any structure on the subdivided property within 150 feet of the sanimy sewer line which can be served by a gravity flow service line shall be connected thereto. Where the proposed subdivision contains two lots or more and the subdivided property abuts on a municipal sanitary sewer line, the developer shall extend the municipal sewer line to serve all lots in the proposed subdivision.

§ 167-33. Sanitary sewage treatment plantu

A. Installation of sanitary sewage treatment plants and other appurtenances shall be subject to approval by the Pennsylvania Department of Environmental Rotection and the Patterson Township Municipal AuthoriW.

B. No building permit will be issued for any construction or development untiI either an individual sanitary sewage disposal system or a sanitary sewage treatment plan installation or connection to a municipal sewage system has been approved by the Board of Commissioners and/or the Patterson Township Municipal Authority and the Pennsylvania Department of Environmental Protection, pursuant to the rules and regulations of the Pennsylvania Sewage Facilities Act (Act 537), as amended.m

21 Editor’s Note: Amended at !ime of adoption of1002 Code revidom,see CtL 1, Art m. 22 Editor’s Note: Ammded at time of adoption of 2002 Code revisions, see Ch. 1, Art. m. 23 Editor’s Note: Amended at time of adoption of 2002 Code &ions, see Ch. 1, Art m. 24 Editor’s Note: See 35 PS. $750.1 et seq.

16725 5 - 10 -2082

§ 167-34 PATTERSON CODE 5 167-34

p 167-34. Storm drainage and facilities. [Amended 12-14-2000 by Ord. No. 382=]

A. General.

(1) Prior to the final approval of all subdivision andor land development plans submitted to Patterson Township, the owner, subdivider, developer or legal representative shall submit a stormwater management plan to the Township for review and approval.

(2) The stormwater management plan will be submitted to Patterson Township with the subdivision plan to allow for timely review and inclusion in the h a l subdivision plan of any revision(s) which may result from the reviews of the Beaver County Planning Commission and the Beaver County Conservation District.

(a) Evidence that the erosion and sedimentation control plan has been submitted to and approved by the Beaver County Conservation District shall he presented to the Township.

@) The review and comments of the Beaver County Conservation District and/or Municipal Engineer shall be considered by the governing body in taking action of subdivision and land development plans.

(3) The final stormwater management plan approvedby Patterson Township shall become a supplement to the final subdivision plan and be subject to all rules, regulatians and procedures pertaining thereto.

B. Exemptions. The following activities are specilically exempt ffom this section.

(1) Land disturbance associated with existing one- and two-family dwellings.

(2) Use of land for gardening primarily for home consumption

(3) Agricultural use of lands when operated in accordance with a farm conservation plan approved by the local Soil Conservation District or when it is determined by the local Soil Conservation District that such use will not cause excessive erosion and sedimentation.

(4) Small developments.

(a) At the time of application, the Township Engineer shall determine if the development qualifies as a small development and, therefore, is eligible for a simplified stomwater plan submission. For the purpose of this section, a “small development” is any development which results (or will result when fully constructed) in the creation of 5,000 or less square feet of impervious surface area.

(b) A small development shall be exempt from the preparation of a stormwater management plan as specified in Subsection C. However, such developments shall provide safe management of stormwater runoff in accordance with the

25 Editor’s Note: seclion 2 of this ordinanre provids that a srbedule of fees due to Patterson Township for review or any other matters d a t e d to this seetion shall be set by rsolution ofthe Board of C d o n e r s , and said fee schedule may be changed by resolution at any time by the Bnard of Commissionen.

16726 5 - 10 -2002

5 161-34 SUBDNISION AND LAND DEVELOPMENT 5 161-34

performance standards of Subsection C and as approved by the Township Engineer.

(c) Applications for smal l developments shall include a plan which describes narratively and graphically the type and location of proposed on-site stormwater management techniques or the proposed connection to an existing storm sewer system. The plan shall show accurately site boundaries, five-foot interval contours, location of watershed and/or subarea boundaries on the site (if applicable) and any watercourses, floodplains or existing draiiage facilities or structures located on the site. Depending upon actual site conditions, number of lots involved and similar considerations, the Township Engineer shall determine if the plan must be prepared by a registered professional engineer.

(d) The Township Engineer shall review and approve the proposed provisions for stormwater management for small developments. Where the applicant is proposing to connect to an existing storm sewer, the Township Engineer shall determine that sufficient capacity exists in the storm sewer from the point of connection to the point of outlet in the natural drainage system. The Township Engineer shall also determine if the proposed development site is part of a larger parcel or tract subject to any specific stormwater management controls contained in a prior plan.

(e) For a parcel or tract of land held under single ownership, only one application for a small development, as defined above, shall be permitted before requiring a stormwater management plan for the entire parcel.

C. Plan requirements. The stormwater management plan shall consist of three parts:

(1) Part I. A narrative report as a portion of the impact statement required for the review of proposed site plans, conditional uses, subdivisions and zoning district amendments. The narrative report shall be a general statement of the project giving the purpose and engineering assumptions and calculations for control measures and facilities. The following information shall be included

(a) General description of the project

(b) General description of accelerated runoff control plan.

(c) General description of erosion and sedimentation control plan.

(d) Expected project time schedule, including anticipated start and completion dates.

(e) Project’s stormwater district, location and watersheds characteristics.

(f) On-site detention methods.

(8) Hydraulic and hydrologic calculations, methodology and basis of design. Computation of hydraulic and energy gradelies shall be included. All drainage facilities shall be designed to contain the energy gradeline for the peak Bow rate for the design storm within the smcture. Swales and channels shall provide at least one foot of freeboard above the energy gradeline.

(h) Brief soil description.

16127 5-10-2002


(2) Part II. Preliminary plans. A comprehensive plan, in preliminary form (or in combined preliminary and final plan form), designed to safely handle the stormwater runoff, detain the increased stormwater runoff and control erosion and sedimentation. The plans shall provide and be accompanied by maps or other descriptive material indicating the feasibility of the plan and showing the following:

(a) The extent and area of each watershed tributary to the existing and future drainage channels in the development.

(b) The street storm sewers and other storm drains to be built, the basis of their design and outfall and outlet locations and elevations, receiving stream or channel and its high water elevation and the functioning of the drains during high water conditions.

(c) The parts of the proposed street system where pavements are planned to be depressed sufficiently to convey or temporarily store overtlow from storm sewers and over-thecurb flows resulting from high intensity rainstom and the outlets for such overtlow.

(d) Existing streams and floodplains to be maintained and new channels to be constructed, their locations, cross sections and profiles.

(e) Proposed culverts and bridges to be built, their materials, elevations, waterway openings and basis of design.

Existing detention ponds and basins to be maintained, enlarged or otherwise altered and new ponds or basins to be built and the basis of their design.

(9) The estimated location and percentage of the total development of land area which will be used for impervious surfaces after construction is completed.

(h) The slope, type and size of all proposed and existing sewers and other waterways.

(i) All existing buildings, sewers, waterlines and other significant manmade features.

(i) Estimated depth, shape, size and storage of any proposed retention facility.

(k) One or more typical cross sections of all existing and proposed channels or other open drainage facilities, showing the elevation of the existing land and the proposed changes thereto, together with the high water elevations expected from the one-hundred-year storm under the controlled conditions called for by this section and the relationship of structures, streets and other utilities.

A site plan showing the dimensions of the site with existing and proposed structures properly located, together with contours of the terrain after proposed grading.

(3) Part III. Final plan. Upon approval of the preliminary plan, a final plan shall be submitted to the Township. The final plan shall provide all descriptive material and maps previously submitted and required prior to the final plan, in addition to the following items:

(f)

(1)

16728 5 - 10-2002


(a) All calculations, assumptions and criteria used in the design of the storm sewer system and detention facilities.

(b) All plans and profiles of proposed storm sewers and open channels, including horizontal and vertical controls, elevations, sizes, slopes and materials. All drainage facilities shall be designed to contain the energy gradeline for the peak flow rate for the design storm within the structure. Swales and channels shall provide at least one foot of freeboard above the energy gradeline.

(c) Locations. dimensions and design details required for the construction of all facilities. All materials shall be PennDOT approved.

(d) For all detention basins, a plot or tabulation of storage volumes with corresponding water surface elevations and of the basin outflow rates for those water surface elevations.

(e) For all detention basins, design bydrographs of i d o w and outflow for the peak design flows from the site under natural and developed conditions.

(f) A description of operation for all detention basins.

(g) Contours of finished project site that adequately describe the h a 1 topography

(h) The staging of earth moving activities and program of operation

(i) All information relative to the design and operation of emergency spillways.

0) Emergency routing or outfall should be shown for storm runoff in the event of failure of off-site drainage structures.

(k) When major control facilities such as retention basins and channels are planned, soil structures and characteristics shall be investigated. Plans and data prepared by a licensed professional engineer with experience and education in soil mechanics shall be submitted. These suhmissions should consider and offer design solutions for frost heave potential, shrink-swell potential, soil bearing strength, water infiltration, soil settling characteristics, fill and backfilling procedures and soil treatment techniques as required to protect the improvements or structures.

(1) All erosion and sedimentation control measures, temporary as well as permanent, having sufficient detail in order to clearly indicate effectiveness of the plan.

(m) Project specifications relative to stomwater control, erosion and sedimentation.

(n) Evidence that all on-site and off-site easements required to convey runoff flow to an existing public drainage facility or a permanent stream have been granted to the operating entity.

D. Performance standards

(1) Runoff calculations. Volumes and rates of runoff from the drainage area(s) must be calculated to determine the sizing of temporary and permanent facilities to control stormwater and erosion. For the purposes of this section, runoff computations are to be performed using the appropriate PennDOT PDT-IDF curves or TP 40 for the

I

16729 5- 10-2002

5 167-34 P A m S O N CODE 5 167-34

following r e m storms: two- , five- , ten- , twenty-five- and one-hundred-year return events.

(2) Design storms.

(a) Storm szwer drainage systems within a development shall he designed to handle the peak rate of runoff from a twenty-five-year frequency storm intensity calculated at the duration equal to the Tc for the area under consideration. In no case shall the Tc exceed 30 minutes. Wherever the provisions of federal and state laws impose a greater design frequency, particularly in areas where drainage systems may cross highways, they shall prevail.

(b) All stormwater retentioddetention facilities shall be designed on the basis of provididg adequate retention of runoff volumes for all storm frequencies of a twenty-four-hour duration up to and including the one-hundred-year storm. All designs shall provide emergency overflow facilities for the one-hundred-year, twenty-four-hour duration storm.

(c) The retention volume required shall be that necessary to handle runoff of a one- hundred-year, twenty-four-hour duration storm from the development, less that volume discharged during the same duration at the approved release rate.

(3) Release of detained stormwater.

(a) The approved peak release rate of stormwater from all retentioddetention facilities for any storm event sh+l be that which was experienced prior to development for the twenty-four-hour duration of the same storm event up to and including the one-hundred-year storm; except, however, where downstream floodiig problems exist, the Township may impose reduced release rate criteria.

(b) Design of the stormwater management facilities outlined in the plan requires that runoff calculations be made for the site and areas which contribute drainage to the site. These calculations shall he based on land use, time of concentration and other standard aspects of hydraulic analysis.

[l] Runoff calculations of the site’s condition during development will be used to size temporary control measures.

I21 Permanent control measuredfacilities shall be. designed to assure that the maximum rate of stormwater runoff is no greater after development than prior to development activities for the one-hundred-year storm. Runoff calculations will be made to ensure that runoff from the fully developed upstream watershed area (based on the municipal or county comprehensive land use plan) can be. accommodated by the pipes, drainage easements, watercourses, etc., on the site as well as those downstream of the site to a point of permanent stream discharge. Where downstream facilities are not adequate to convey flow, reduced release rates shall be considered and utilized.

(c) Runoff calculations must also include complete hydrology and hydraulic analysis of all downstream swales and pipe facilities to a permanent stream discharge

.

16730 5 - 10- 2002


point as well as all erosion control facilities. Analysis shall include but not be limited to:

[l] Computation of hydraulic and energy gradeline; velocities of flow, slopes, capacity and roughness coefficient of conduits and grassed waterways.

[2] Capacity of sediment basins and permanent holding ponds.

[3] All drainage facilities shall be designed to contain the energy gradeline for the peak flow rate for the design storm within the structure. Swales and channels shall provide at least one foot of freeboard above the energy gradeline. Backwater effects of pipes discharging under surcharge conditions shall be included.

(4) Computation methods.

(a) All computations used in conjunction with the analysis and design of stormwater management facilities shall be based on the Soil-Cover Complex Method and shall use one or more of the following methods: TR-55 Soil Conservation Service Technical Release No. 55; TR-20 Soil Conservation Service Technical Release No. 20; Modified Rational Method, or Penn State Runoff Model ( V T P S W .

(b) The Soil-Cover Complex Method (Soil Conservation Method) for determining peak discharge shall be used to determine piedevelopment runoff conditions; to analyze the impact of development and compute the increase in runoff after development; and to perform calculations in the design of any detentiodretention facilities used in controlling runoff. This parametric method of runoff computation developed and used by the Soil Conservation Service is hereby adopted by the Township of Patterson. The determination of peak discharges and runoff volumes through the use of the Soil Conservation Service method is presented in the Soil Conservation Service’s Technical Release No. 55, ‘Vrban Hydrology for Smal l Watersheds.”

(c) The use of the Rational Method in estimating runoff may be employed in the design of the storm sewer system within the development. The storm sewer system shall be interpreted as the conduits, channels, culverts, inlets and appurtenant features for conveying stormwater to, through or from a development site to the point of h a 1 discharge or control facility. The Rational Method shall not be used in the analysis of stomwater runoff from the development in its entirety or in conjunction with the design of any retentioddetention facilities or other runoff control measures.

E. Adherence to approved plan. It shall be unlawful for any person, fnm or corporation to undertake any earth disturbing activity on any property except as provided for in the stormwater management plan approved pursuant to this section. It shall be unlawful to alter or remove any control structure required by the stormwater management plan pursuant to this section or to allow the property to remain in a condition which does not conform to the approved stormwater management plan.

16731 5 - 10 -2002

5 167-34 PATERSON CODE 5 161-35

F. Dedication of facilities. All drainage and stormwater control facilities serving nonresidential developments shall remain the property of the land owner(s). Where multiple land owners are involved, recorded maintenance agreements shall be provided to the Township and annual maintenance bonds shall be filed to warrant maintenance. The maintenance bond shall be calculated by the Township based on 10% of the system’s replacement cost using public works cost data. All drainage and stormwater control facilities serving residential subdivision plans and designed and constructed in accordance with this section (with the exception in cases where agreements to the contrary have been executed) will be dedicated to Patterson Township. Developers shall be responsible for the maintenance of all stormwater control improvements until the development is completed. Thereafter, the developer shall dedicate these drainage and stormwater control facilities to Patterson Township for maintenance purposes, but only after the developer has received final approval, provided complete as-built construction drawings and 6nal inspection and a certificate of compliance from the Township.

G. Storm drainage and facilities

(1) Storm sewers shall be located in the right-of-way or in a drainage easement.

(2) Storm drains shall be reinforced concrete and have a minimum diameter of 15 inches and a min ium grade of 1.00%.

(3) Manholes shall be spaced not more than 300 feet apart.

(4) Manholes are required at all changes in alignment and at all changes in grade.

(5) Inlets shall be constructed to intercept stormwater runoff along streets.

(6) Bridges and culverts shall be designed to support the expected loads, to carry expected flows and be constructed the full width of the right-of-way where deemed necessary by the Board of Commissioners. PennDOT Design Criteria shall be used.

(7) All materials used to construct storm drainage facilities shall be PennDOT approved and compIy with the requirement of PennDOT Form 408, latest edition. All construction details shall comply with PennDOT Roadway Consauction (RC) details.

9 167-35. Water supply.

A. If public water is available or definitely planned for the area, then provisions shall be made for its immediate and eventual use.

B. Community wells or project wells for water supply shall be approved by the Pennsylvania Department of Environmental Protection and the Board of Commissioners.26

C. All water supply systems shall be constructed as per the specifications of the Beaver Falls Municipal Authority and shall be approved by same.

D. Fire hydrants shall be installed as per the Township’s specifications for locations.

26 Fditor‘s Note: Amended at time of adoption oIZ002 Code rNisions; see Ch. 1, Art m.

16732 5 -10- 2002


E. Applicants for subdivision or development shall comply with the provisions of 53 P.S. $ 10503. 1?7

8 167-36. Monuments.

Monuments shall be placed at all block corners, angle points, points or curves in streets and intermediate points as determined by the Board of Commissioners. Monuments shall be of such size, length and material as approved by the Board of Commissioners.

$ 167-37. Street trees.

Should the subdivider plan to provide trees, their proposed location, spacing and species must be submitted for approval to the Planning Commission and the Board of Commissioners. On narrow right-of-way or where the planting strip between the sidewalk and the curb is less than five feet wide, trees will not be permitted but are to be placed inside the property lines.

8 167-38. Minimum openness.

A. Easements, adequate for all utilities: see 5 167-20.

B. Buffer area or planting screen, minimum width: 10 feet.28

$167-39. Existing natural ~onditions?~

In wooded areas or where other natural conditions exist, in such a manner that their presence adds to the desirability of a subdivision, the Board of Commissioners shall require that the subdivider preserve as much of the original trees and natural conditions as is economically feasible and require that a minimum of grading be done other than the grading and excavating which is required in the construction of the improvements, in accordance with the improvement standards included herein, and approved by the Board of Commissioners. In addition, the subdivider shall adhere to the rules and regulations of the Pennsylvania Department of Environmental Protection, Title 25, Chapter 102, Erosion Control.

8 167-40. Erosion control?o

All development and earthmoving activities required by applicable law under the Pennsylvania Department of Environmental Protection, Title 25, Chapter 102, Erosion Control, shall be complied with

27 Editor’s Note: Added at time of adoption of 2002 Code revisions; see Ch. 1, Art. m. zs Editor’s Note: Former Subsfftion C. regarding reaeational space, which immediately followed tbis s u b d o n , was deleted st time of adoption of ZOO2 Code revisions; see Ch. 1, Art III.

29 Editor’s Note: Amended at h e of adoption of 2002 Code rnkiozs; see Ch. 1, Art IIL

Editor’s Note: Amended at time of adoption dU)02 Code revisions; see Ch. 1, Art UI.

16733 5 -10-2002

8 16740 PATTERSON CODE 5 167-43

A. The Township shall notify the Beaver County Conservation District immediately upon receipt of an application for a building permit involving an earthmoving activity which affects five or more acres of land.

B. The Township will not issue a building permit to a development where it has been determined that the earthmoving activities require a permit (or verification that no permit is required) from the Department of Environmental Protection, pursuant to Section 102.41 and 102.42 relating to permit requirements of Title 25, Chapter 102, Erosion Control.

ARTICLEIX Open Space

5 167-41. Location of c o m o n open space.

The common open space shall be located so as to be consistent with g o d design principles. Where possible, it shall be designed as a contiguous area easily accessible to the residents and preserving natural features.

8 167-42. Ownership of common open space.

A. There shall be provisions which ensure that the common open space shall continue as such and be properly maintained. The developer shall either:

(1) Dedicate such land to public use if the Township or another public agency has indicated it will accept such dedication;

(2) Retain ownership and responsibility for maintenance of such open space; or

(3) Provide for and establish one or more organizations for the ownership and maintenance of all common open space.

B. In the case of Subsection A(2) and (3) above, each organization shall be a nonprofit homeowners’ corporation, unless the developer demonstrates that a community open space trust is a more appropriate form of organization.

8 167-43. Homeowners’ associations.

If a homeowners’ association or open space mst is formed, it shall be governed according to the following regulations:

A. The organization is organized by the developer and operated with financial subsidization by the developer, if necessary, before the sale of any lots within the development.

B. Membership in the organization is mandatory for all purchasers of homes therein and their successors.

C. The organization shall be responsible for maintenance, insurance and taxes on common open space.

16734 5-10-2002


D. The members of the organization shall share equitably the costs of maintaining and developing common open space, in accordance with procedures established by them.

E. The organization shall have to hire adequate staff to administer common facilities and maintain the common open space.

In the event that the organization established to own and maintain common open space, or any successor organization, shall at anytime after establishment of the development fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the Township may serve written notice upon such organization or upon the residents of the development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be corrected within 30 days thereof, and shall state the date and place of a hearing thereon which shall be held within 14 days of the notice.

(1) At such hearing, the Township may modify the terms of the original notice as to the deficiencies and may given an extension of time within which they shall be corrected. If the deficiencies set forth in the original notice or in the modifications thereof shall not be corrected within said thirty days or any extension thereof, the Township, in order to preserve the taxable values of the properties within the development and to prevent the common space from becoming a public nuisance, may enter upon said common space and maintain the same for a period of one year. Said maintenance by the Township shall not constitute a taking of said common open space, nor vest in the public any rights to use the same.

(2) Before the expiration of said year, the Township shall upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice to such organization, or to the residents of the development, to be held by the Board of Commissioners, at which hearing such organization or the residents of the development shall show cause why such maintenance by the Township shall not, at the option of the Township, continue for a succeeding year.

(3) If the Board of Commissioners shall determine that such organization is ready and able to maintain said common space in reasonable condition, the Township shall cease to maintain said common open space at the end of said year. If the Board of Commissioners shall determine that such organization is not ready and able to maintain said common open space in a reasonable condition, the Township may, in its discretion, continue to maintain said common open space during the next succeeding year and, subject to a similar hearing and determination, in each year thereafter.

(4) The decision of the Board of Commissioners shall be subject to appeal to court in the same m e r , and within the same time l i ta t ion , as is provided for in Article Xm.

(5) The cost of such maintenance by the Township shall be assessed ratably against the properties within the development that have a right of enjoyment of the common open space and shall become a lien on said properties. The Township, at the time of entering upon said common open space for the purpose of maintenance, shall file a

F.

16735 5 - 10-2002


notice of such lien in the Office of the Prothonotary of Beaver County, upon the properties affected by such lien within the development.

ARTICLEX Conditions of Acceptance

8 167-44. Performance requirements.

Before approving any subdivision plan, the Board of Commissioners shall require a written agreement that necessary grading, paving and street improvements, sidewalks, streetlights, fire hydrants, water mains, storm sewers and sanitary sewers, as may be required by the Township, shall be installed by the subdivider in strict accordance with the design standards and specifications of the Township, within a specified time period. All development costs, including the costs of inspection, testing and preparation of reports by the Township Engineer, shall be born by the owner or developer.

5 167-45. Performance guarantee.

The Board of Commissioners shall ensure, through receipt of certi6cates of compliance submitted and attested by the Township Engineer, that the required improvements have been installed according to the specifications of the final plan, or alternately require the posting of adequate surety to cover the cost for such improvements. The Board of Commissioners shall specify one of the following alternatives, or such other alternatives which may be acceptable, for guaranteeing compliance with the requirements of this section. The decision of which alternative shall be. required is that of the Board of Commissioners. Fmal approval of a plan may not be granted until the surety required is fully provided. In any event the required surety shall be secured along with the written agreement, prior to any construction or related activity.

A. Completion of improvements prior to final approval. prior to final plan approval, the subdivider shall complete, in a manner satisfactory to the Board of Commissioners and the Township Engineer, all improvements required in these regulations specified in the final subdivision plan, and as approved by the Board of Commissioners, and shall dedicate the same to the Township in accordance with these regulations. Final plan approval shall not be granted until the dedication of said improvements has been accepted by the Board of Commissioners.

Guarantee of future performance. In lieu of requiring the completion of all improvements prior to final plan approval, the Township may, at its discretion, enter into a contract with the subdivider whereby the subdivider shall guarantee to complete all improvements required by this chapter, or otherwise specified by the Board of Commissioners in a manner satisfactory to the Board of Commissioners. To secure this contract, the subdivider shall provide, subject to the approval of the Board of Commissioners, one of the following guarantees:

B.

16736 5 - 10-u)02

5 16745 SUBDMSION AND LAND DEVELOPMENT 5 167-45

(1) Surety bond. The subdivider shall obtain a surety bond from a surety bonding company authorized to do business in the State of Pennsylvania. The bond shall be payable to the Township and shall be equal to 110% of the cost of completion estimated by the subdivider and approved by the Township Engineer, of installing all improvements. The duration of the bond shall be until such time as the improvements are accepted by the Township in accordance with the requirements of this chapter.31

(2) Escrow account.

(a) The subdivider shall deposit cash, or other instrument readily convertible into cash at face value, either with the Township, or in escrow with a bank. The use of any instrument other than cash, and, in the case of an escrow account, the bank with which the funds are to be deposited, shall be subject to the approval of the Board of Commissioners. The amount of the deposit shall be at least equal to the cost, as estimated by the subdivider and approved by the Township Engineer, of installing all required improvements.

(b) In caSe of an escrow account, the subdivider shall file with the Board of Commissioners an agreement between the financial bank and himself guaranteeing the following:

[l] That the funds of said escrow account shall be held in trust until released by the Board of Commissioners and may not be used or pledged by the subdivider as security in any other matter during the period; and

[2] That in the case of a failure on the part of the subdivider to complete said improvements, the bank shall immediately make the funds in said account available to the Township for use in the completion of those improvements.

(3) Property escrow.

(a) The subdivider shall offer as a guarantee land or other property, including corporate stocks or bonds. The value of any such property shall be at least equal to the cost, as estimated by the subdivider and approved by the Township Engineer, of the installation of all contracted improvements. The County Assessor shall establish the value of any property so used and, in so doing, shall take into account the likelihood of a decline in the value of said property during the guarantee period. The Board of Commissioners shall retain the right to reject the use of any property when the value of such property is sufficiently unstable, when it believes that the property will be unusually difficult to sell, of for other reasons such as will inhibit the Board of Commissioners from exchanging the property for a sufficient amount of money to complete the required improvements.

(b) When property is offered as an improvement guarantee, the subdivider shall

111 Execute an agreement with the trustee, when it is not the Board of Commissioners, instructing the trust to release the property to the Township in the case of default. The agreement shall also state that the property may

31 Editor’s Note: Amended at time of adoption of 2002 Code rwisians; see Ch. 1, Art, m.

16736.1 5 - 10-2002


be released only upon consent of the Board of Commissioners. The agreement shall be placed on file with the Township Secretary;

[2] File with the Board of Commissioners an affidavit afKrming that the property to be used as a guarantee is free and clear of any encumbrances or liens at the time it is to be put in trust; and

[3] Execute and file with the Board of Commissioners an agreement stating that the property to be placed in trust as an improvement guarantee will not be used for any other purpose or pledged as a security in any other matter until it is released by the Board of Commissioners.

8 167-46. Release from improvement bond; procedure.

A. When the developer has completed all of the required improvements, the developer shall notify the Board of Commissioners, in writing, by certified or registered mail, of the completion of the required improvements and shall send a copy thereof to the Township Engineer.

B. The Board of Commissioners shall, within 10 days after receipt of such notice, direct and authorize the Township Engineer to inspect all of the aforesaid improvements. The Township Engineer shall, thereupon, file a report, in writing, with the Board of Commissioners and shall promptly mail a copy of the same to the developer by certified or registered mail. The report shall be made and mailed within 30 days after receipt by the Township Engineer of the aforesaid authorization from the Board of Commissioners. Said report shall be detailed and shall indicate approval or rejection of said improvements, or any portion thereof, which 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.

C. The Board of Commissioners shall notify the developer within 15 days, in writing, by certified or registered mail, of the action of the Board of Commissioners with relation thereto.”

D. If the Board of Commissioners or the Township Engineer falls to comply with the time limitation provisions contained herein, all improvements will be deemed to have been approved and the developer shall be released from all liability, pursuant to its performance guaranty bond.

E. If any portion of the required improvements shall not be approved or shall be rejected by the Board of Commissioners, the developer shall proceed to complete the same and, upon completion, the same procedure of notification, as outlined herein, shall be followed.

F. Nothing herein, however, shall be construed in limitation of the subdivider’s or developer’s right to contest or question by legal proceedings or otherwise any determination of the Board of Commissioners or the Township Engineer.

32 Editor’s Note: Amended at time of adoption of ZOOZ Code revisions; s e Ch. 1, Art Ill.

16736.2 5 - 10 -2OOZ


0 167-47. Remedies to effect completion of improvements.

A. In the event that any improvements which may be required have not been constructed and installed as provided for in the written agreement, this chapter, the requirements of the Board of Commissioners or in accordance with the approved final plan, the Board of Commissioners shall enforce any corporate bond or other security by appropriate legal and equitable remedies.

B. 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 Board of commissioners may, at its option, install part of such improvements 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 and not for any other municipal purpose.

C.

0 167-48. Maintenance bond.

A. Before the Township Engineer shall issue to the Board of Commissioners a written certification that all improvements specified and required have been satisfactorily completed in accordance with the agreement and requirements relative to the land development and in compliance with the specifications, standards, ordinances and requirements of the Township, the subdivider or developer shall be required to deposit with the Township a corporate maintenance bond, in such amount, under such conditions, in such form and with approved surety as shall be required by the Board of Commissioners. Said maintenance bond is to guarantee the repairs and maintenance by the subdivider or developer of the streets, roads, pavements, sidewalks, curbs, gutters, storm drains and facilities, sanitary sewer and facilities, sewage treatment plant and facilities and any other improvements constmcted and installed in the subdivision or development for a period of two years from the date of final and official acceptance of the above improvements and facilities by the Board of Commissioners.

B. The repairs and maintenance required to be performed by the subdivider or developer shall extend only to making good any inherent defects which become manifested in the materials and workmanship under ordinary conditions and shall not be held to cover any breakage or damage caused by improper use or by accident resulting from circumstances over which the subdivider or developer has no control.

0 167-49. Compliance with higher standards required.

A. No road, street, land, way or related improvement shall be accepted as a part of the highway system of the Township or for maintenance unless opened, laid out, graded and improved in strict accordance with the standards and regulations of the Township. The requirements, specifications and standards of construction, materials and apputenances as designated herein are considered as minium, and the Board of Commissioners may, as it

16736.3 5 - 10 -2002

5 167-49 PATERSON CODE 5 167-51

deems advisable, revise said specifications and requirements to secure a higher standard of improvements and community development.

B. No stormwater drainage facilities, sanitary sewer and sewage treatment facilities, water supply and water distribution system and facilities or any other facilities or improvements will be accepted as a p m of the Township’s facilities for operation and maintenance unless designed and constructed in strict compliance with all the standards, specifications, rules, regulations, ordinances and requirements of the Township.

$167-50. Recording requirements; improvements.

A. Within 90 days after the date of approval of the final plan, the subdivider shall record an approved duplicate copy of the plan in the Office of the County Recorder of Deeds and file with the Secretary of the Township a recorders’ certificate that the approved plan has been recorded, with the plan book and page numbers indicated, and approval shall not become final and effective until such certificate has been filed. The subdivider shall provide a duplicate tracing of the officially recorded plan to the Township Secretary for Township files. The duplicate tracing may be of Mylar, l i en or some other durable material.

B. After an approved subdivision plan shall have been officially recorded, the streets, parks and other public improvements shown hereon shall be so considered to be a part of the Official Plan of the Township.

C. Streets, parks and other public improvements shown on a subdivision plan to be recorded shall be offered for dedication to the Township by formal notation thereof on the plan, or the owner shall note on such plan that any improvements have not been offered for dedication to the Township.

D. Every street shown on a subdivision plan shall be deemed to be a public street. However, said street shall not be maintained by the municipality until such time as the same shall have been offered for dedication to the Township and accepted by ordinance or resolution, or until it shall have been condemned for use as a public street.

E. In the event that an approved subdivision plan is not recorded within the required ninety- day period, then said approval shall be deemed voided and rescinded and the plan must be resubmitted if approval is sought by the developer.

8 167-51. Township not responsible for nonapproved improvements.

If any road or any drainage facilities in connection therewith shall be opened, constructed or dedicated for public use or travel except in strict accordance with plans approved.and recorded as herein provided, neither the Board of Commissioners nor any public authorities shall place, construct or operate any sewer, drain, water pipe or other facilities, or do any work of any kind, in or upon such road; and neither the Board of Commissioners nor any other public authorities shall have any responsibility of any kind with respect to any such road or drainage facilities, notwithstanding any use of the same by the public; provided, however, that nothing herein contained shall prevent the laying of trunk sewers, drains, water or gas mains, if required, by engineering necessity for the accommodating of other territory.

16736.4 5 - 10-2002

5 167-52 SUBDMSION AND LAND DEVELOPMENT

ARTICLE XI Variances

5 167-54

8 167-52. Recommendation to grant variance.

A. Where the Planning Commission finds that extraordinary hardship may result from strict enforcement or compliance with this chapter, it may recommend to the Board of Commissioners that a variance be granted, that substantial justice be done and the public interest secured; provided that such variance will not have the effect of nullifying the interest and purpose of the Patterson Township Comprehensive Plan and of this chapter.

B. The Planning Commission’s recommendations relative to the granting of modification shall be considered conditional and shall be subject to approval or disapproval by the Board of Commissioners.

0 167-53. Granting of variance.

Where the Board of Commissioners finds that extraordinary hardship may result from strict enforcement or compliance with this chapter, it may grant a variance to this chapter, provided it shall require such conditions as will in its judgment substantially secure the interests and objectives of the standards or requirements so varied or modified and as will fulfill the purpose and intent of this chapter.

ARTICLE XII Amendments

8 167-54. Amendment authority; public hearing required: county review.33

The Board of Commissioners may from time to time amend this chapter. Amendments to the Subdivision Ordinance shall become effective only after a public hearing held pursuant to public notice. In case of an amendment other than that prepared by the Planning Commission, the Board of Commissioners shall submit each such amendment to the Planning Commission for recommendations at least 30 days prior to the date fixed for the public hearing on such amendment. In addition, each such amendment to the Subdivision Ordinance shall be submitted to the Beaver County Planning Commission 30 days prior to the scheduled public hearing for a review and report, together with a fee sufficient to cover the costs of the review and report, which fee shall be paid by the person or entity requesting the amendment. The Board of Commissioners shall not approve an amendment to this chapter until the county report is received or until the expiration of 30 days from the date the amendment was forwarded to the county.

33 Editor’s Note: Amended at time of adoption of 2002 Cale revisions; see Ch. 1, An m,

16736.5 5 - 10 -2002

6 167-55 PATTERSON CODE

’ ARTIcLEm Appeals

5 167-55. Request for reconsideration.

5 167-57

Any subdivider aggrieved by a finding, decision or recommendation of the Patterson Township Planning Commission or the Board of Commissioners may present additional relevant information and request reconsideration of the original findings, decision or recommendation upon written request within 30 days of notification of the Planning Commission or Board of Commissioner’s decision.

5 167-56. Appeal to Court of Common Pleas.34

In any case where the Board of Commissioners shall refuse to approve any plans submitted to it in accordance with this Subdivision Ordinance, any person aggrieved by the action of the Board may, within 30 days after such action, appeal therefrom by petition to the Beaver County Court of Common Pleas. See also the appeal proceedings in 53 P.S. 5 11001-A et seq.

ARTICLEXN Fees

5 167-57. Fee to accompany application; schedule of charges.

A. All applications submitted for the review and approval of plans of subdivision and plans of land development prepared in preliminary form shall be accompanied by a fee in accordance with a schedule of fees and charges established or to be established and adopted by resolution of the Board of Commissioners. Such fee will be used to help defray any cost that may be incurred by the Township in viewing, and inspecting the site of the subdivision or land development and reviewing the application data and the plans submitted relative to the same.

B. The schedule of fees and charges to be established shall vary, and shall be regulated in accordance with the scope and complexity of the plan of subdivision and land development project, such as number of parcels or lots in plan; site development plans; utility development plans; applicant’s plan of construction and development of the land, structures and facilities thereon, and appurtenant thereto; and number of times that a plan is submitted or resubmitted for review and request is made for approval of the same.

C. m e r e a plan of subdivision or land development for any reason has been rejected by the Township Planning Commission and Board of Commissioners, the applicant when resubmitting plans and application for review and approval of the same shall be required to pay a fee as set forth in the Township’s schedule of fees and charges for such submittals.

D. All fees shall be made payable to the Secretary of the Township of Patterson. All fees submitted are nonrefundable, and the approval or rejection for any reason of any plan of

34 Editor’s Note: Amended at time of adoption of 2W2 Code misim; see Ch. 1, Art m.

16736.6 5- 10-2W2

5 167-57 SUBDMSION AND LAND DEVELOPMENT !j 167-58

subdivision or land development will not be reason or cause for the return of any fee submitted.

ARTICLE XV Certificates, Affidavits and Approvals

5 167-58. Certificates enumerated.

The certificates quoted below shall be inscribed on the plan as quoted and shall be properly signed and attested when the plan is submitted to the Planning Commission and the Board of Commissioners. All certificates shall be placed on final plan in an arrangement suitable for placement of all required seals.

OWNER’S ADOPTION

KNOW ALL MEN BY THESE PRESENTS, that (I or we)

of the

(City, Borough, Township) of , County of -, State of -, for (myself, ourselves), (my, our) heirs, executors, administrators and assigns, do hereby adopt this as (my, our) Plan of Subdivision of (my, our) property, situate in the Township Patterson, County of Beaver and Commonwealth of Pennsylvania, and for drivers’ advantages accruing to (me, us), do hereby dedicate forever, for public use for highway, drainage, sewage and utility purposes, all drives, roads, streets, lands, rights-of-way, easements, ways and other public highways shown upon the plan, with the same force and effect as if the same had been opened through legal proceedings and in consideration of the approval of said plan and any future acceptance of said public highways, right-of-way and easements by said County of Beaver and Township of Patterson, (I or We),

(Name of Owner or Owners)

(Cont’d on page 16737)

(Name of Owner or Owners)

16136.7 5- 10- 2002


hereby agree to and by these presents to release and forever discharge said County of Beaver and said Township of Patterson, their successors or assigns, from any liability for damages arising and to arise from the appropriation of said ground for public highways, and other public uses and the physical grading thereof to any grades that may be established. This dedication and release shall be binding upon

(Name of Owner or Owners) (my, our) heirs, executors, administrators and assigns and purchasers of lots in this plan.

IN WFTNESS WHEREOF, (I or We) hereunto set (my, our) hand(s) and seal(s) this day of A.D., _. ATTEST

(SEAL)

(SEAL)

(Owner or Owners)

Notary Public (Owner or Owners)

My Commission Expires the - day of

The foregoing adoption and dedication is made by

A.D., _.

(Name of Individual or Corporate Owner) with the full understanding and agreement that the approval of the Board of Commissioners of the Township of Patterson, if hereto attached, willbecome null and void unless this plan is recorded in the Recorder of Deeds Office of Beaver County, County Court House, Beaver, Pennsylvania, within 90 days of date of said approval.

INDIVIDUAL ACKNOWLEDGMENT

COMMONWEALTH OF PENNSYLVANIA :

COUNTY OF BEAVER

Before me, the subscriber, a Notary Public in and for said State and County, personally appeared the above named

(Owner)

and acknowledged the foregoing Release and Dedication and Plan to be (his, her, their) act and deed and desired the same to be recorded as such

WI"FSS M Y HAND AND NOTARIAL, SEAL this

: ss:

day of , _. (SEAL)

Notary Public

16737 3 - 10-2wO


CORPORATION ADOPTION

KNOW ALL MEN BY THESE PRESENTS, that

a corporation, by virtue of a resolution of the Board of Directors, thereof does hereby adopt this as its plan of lots of its property situate in the Township of Patterson, Beaver County, Pennsylvania, and for drivers’ advantages accruing to it, does hereby dedicate forever, for public use for highway purposes, all drives, roads, streets, lanes and ways and other public highways shown upon the plan with the same force and effect as if the same had been opened through legal proceedings, and in consideration of the approval of said plan and any future acceptance of said public highways by the said Township of Patterson, Beaver County, Pennsylvania, hereby covenants and agrees to and by these presents does release and forever discharge said Township of Patterson, its successors or assigns from any liability for damage arising and to arise from the appropriation of said ground for public highways and the physical grading thereof to any grades that may be established. This dedication and release shall be binding upon

(Name of Corporation)

(Name of Corporation) its successors and assigns and purchasers of lots in this plan,

IN WITNESS WHEREOF, the said corporation has caused its corporate seal to be affixed by the hand of its president and the same to be attested by its secretary this day of

A.D., _.

ATEST (Name of Corporation)

secretary Resident

The foregoing adoption and dedication is made by

(Name of Individual or Corporate Owner) with the full understanding and agreement that the approval of the Board of Commissioners of the Township of Patterson, if hereto attached, will become null and void unless this plan is recorded in the Recorder of Deeds Office of Beaver County, County Court House, Beaver, Pennsylvania, within ninety (90) days of the date of said approval.

16738 3-10-2000

5 167-58 SUBDMSION AND LAND DEVELOPMENT

CORPORATION ACKNOWLEDGEMENT


COUNTY OF BEAVER : ss:

§ 167-58

On this - day of said County and State, personally appeared

A.D., -, before me, a Notary Public in and for

(Name and Title of Officer),

(Name of Corporation) who king duly sworn deposeth and saith that he was personally present at the execution of the adoption, release and dedication and saw the common and corporate seal of the said corporation duly affixed and that the above release and dedication was duly signed and sealed by and as for the act and deed of the said Corporation, for the uses and purposes therein mentioned and that the name of the deponent subscribed to the said release and dedication as

(Title of Officer)

of said corporation, attestation of the due execution and delivery of said release and dedication of this deponent’s own proper and respective handwriting.

(SEAL)

(SEAL)

(Name of Officer)

(Title of Officer)

Sworn to and subscribed before me the day and year written. WITNESS MY HAND AND NOTARIAL SEAL this day of -.

(SEAL)

A.D., _. Notary Public

My Commission Expires the - day of

ENGl”S CERTmCATE

I, , a Registered Professional Engineer of the State of Pennsylvania, do hereby certify that this plan correctly represents the lots, lands, streets and highways as surveyed and plotted by me for the owners or agents.

(SEAL) (Engineer)

Registration No.

Date

16739 3- IO-2000

§ 167-58 PATTERSON CODE 5 167-58

SURVEYOR’S CERTIFICATE

I, , a Registered Professional Land Surveyor of the State of Pennsylvania, do hereby certify that this plan correctly represents the location of the propem lines, tract perimeters, boundary lines, road right-of-ways and easements as surveyed by me for the owner or owners.

Professional Land Surveyor

Registration No:

Date

TOWNSHIP PLANNING COMMISSION APPROVAL

This plan of subdivision has been approved by the Planning Commission of the Township of Patterson, Beaver County, Pennsylvania, on this day of __ ATTEST

Secretary Chairman

APPROVAL BY TOWNSHIP OF PATTERSON

The Board of Commissioners of the Township of Patterson, Beaver County, Pennsylvania, hereby gives notice that it is approving this plan of subdivision for recording purposes only. The approval of this subdivision plan by the Township of Patterson does not constitute an acceptance of the roads, streets, storm and sanitary drainage facilities, easements or rights-of- way, water mains or any other services or improvements shown on this plan nor an assumption of maintenance responsibility, nor will the same be accepted or maintained until constructed in accordance with all township specifications and requirements and officially accepted by action of the Board of Commissioners. This approval shall in no way be deeded an authorization to commence construction or related activities. This plan of subdivision approved by resolution of the Board of Commissioners of the Township of Patterson, Beaver County, Pennsylvania, on

ATTEST: this - day of 9 _.

Secretary of Board Chairman of Board

SEAL:

16740 3-10-2000

$ 167-58 SUBDMSION AND LAND DEVELOPMENT 5 167-58

BEAVER COUNTY PLANNING COMMISSION REVIEW

This plan of subdivision has been reviewed by the Beaver County Planning Commission, Beaver County, Pennsylvania, and comments presented on this - day of

3 -. SIGNED:

Executive Director

PROOF OF RECORDING


COUNTY OF BEAVER

Recorded in the Office for the Recording of Deeds, Plats, etc., in said County, in Plan Book Volume -, page

Given under my hand and seal this

: ss:

day of , -.

Recorder of Deeds

OWNERS’ ACCEPTANCE OF RESPONSIBILITY FOR PROVIDING STORMWATER DRAINAGE FACILITIES

AND CONTROL OF STORMWATER DRAINAGE

KNOW ALL MEN BY THESE PRESENTS, THAT (I or We) , of the Township of Patterson,

County of Beaver, Commonwealth of Pennsylvania, for ourselves, our heirs, executors, administrators and assigns, and for our grantees and their subsequent purchasers, do hereby accept full and complete responsibility, liability, expense and provision of facilities for the control of stormwater drainage over, across and through this subdivision of land until such time as (I or we), our heirs, executors, administrators and assigns construct stormwater drainage facilities in accordance with Township’s specifications and requirements and the same is officially accepted by action of the Board of Commissioners and until such formal acceptance (I or we) for ourselves, our heirs, executors, administrators and assigns do hereby release the Township of Patterson from any responsibility in connection therewith. This acceptance of responsibility shall be binding upon our heirs, executors, administrators and assigns, and all purchasers of lots in this plan of subdivision.

16741 5 - 10- 2002

5 167-58 PATERSON CODE 5 167-59

IN WITNESS WHEREOF, we hereunto set our hands and seals this __ day of

(SEAL)

(SEAL)

(Owner or owners)

(Owner or owners)

WITNESS My hand and notarial seal this -day of AD., _.

(SEAL) Notary Public

My Commission Expires the day of A.D., _.

ARTICLEXVI Violations and Penalties

8 167-59. Violations and penalties.35

Any person, partnership or corporation who or which has violated the provisions of any subdivision or land development ordinance enacted under this Act% or prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by a municipality, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the municipality as a result thereof.

35 Editar’s Note: Amended at time of adoption of 2wZ Code revisions; see Cb 1, Art m. 36 Editar’s Note: This “Act” refers to the Pennsylvania MuniCipalitier Planniog code of 1968 (AU trr). See 53 P.S. 5 10101 et seq.

16142 5 - 10 -2002