Whenever a subdivision (major or minor) or development of land is desired, a plat of the layout of such subdivision or land development shall be prepared, filed and processed according to the requirements of this chapter.
The following types of land developments are hereby excluded from the provisions of this chapter only when such land development involves:
A. 
The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium.
B. 
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.
C. 
The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this subsection, an “amusement park” is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities.
In addition to complying with the provisions of this chapter, all subdivisions and land developments within the Township shall comply with all applicable municipal ordinances as amended or adopted from time to time including without limitation the Kilbuck Township Zoning Ordinance.[1] Compliance with applicable municipal, county, state or federal ordinances or regulations shall be a requirement for any approval under the provisions of this chapter.
[1]
Editor's Note: See Ch. 215, Zoning.
Prior to the preparation and filing of a preliminary plan, the developer is provided the opportunity to discuss the conceptual design of the development of the property and the feasibility and timing of the application with the Planning Commission. This meeting is used to obtain information and guidance before entering into binding commitments or incurring substantial expenses for plan preparation. The preapplication conference is voluntary and no formal application or fee is required. A preapplication conference shall not constitute formal filing of any application for approval of a subdivision or land development, shall not bind the Planning Commission to approve any concept presented in the preapplication conference and shall not protect the application from subsequent changes in ordinance provisions which may affect the proposed development. The materials presented at the preapplication conference may include:
A. 
General information. Describes or outlines existing covenants, land characteristics, community facilities and utilities, compliance with the Zoning Ordinance and information describing the proposed subdivision or land development such as the number of residential lots, typical lot width and depth, price range, business areas, playgrounds, park areas, other public areas, proposed protective covenants, proposed utilities and street improvements, and approximate percentage of land that will be disturbed.
B. 
Location map. Shows the relationship of the proposed subdivision or land development to existing community facilities which serve or influence it and shall include development name, location of any existing facilities, traffic arteries, public or other schools, parks, playgrounds, utilities, churches, shopping centers, airports, hospitals, principal places of employment, title, scale, North arrow and date.
C. 
Topographic map. Existing USGS Quadrangle sheet or other acceptable available map showing topographic features.
D. 
Sketch plan. Drawn to a scale of one inch equals 100 feet or less on a print of the topographic map showing in a simple sketch the proposed layout of streets, lots, and other features in relation to existing conditions, including:
(1) 
The proposed name of the subdivision or land development.
(2) 
Name of the subdivider or developer.
(3) 
Name of the registered owner.
(4) 
North point, scale and date.
(5) 
Name of the engineer, surveyor or other qualified person responsible for the map.
(6) 
Tract boundaries with bearings and distances.
(7) 
Topography, with elevations based on datum approved by the Planning Commission, and showing contours at vertical intervals of five feet.
(8) 
Approximate location of watercourses, tree masses, rock outcrops, existing buildings, and actual location of sewers, inlets, water mains, easements, fire hydrants, railroads, existing or conformed streets and their established grades, and areas possessing mining subsidence problems.
(9) 
Adjacent streets.
Prior to the preparation of any plans in flood-prone areas, it is suggested that prospective developers consult the Soil Survey of Allegheny County concerning soil suitability when on-site sewage disposal facilities are proposed.
A. 
After review and discussion with the subdivider or developer, the Planning Commission should indicate the suitability of the plan for development into preliminary plans.
B. 
Based on the Commission's review and discussion with the applicant, there should be a mutual understanding of the scope of the proposed development, issues that may require resolution by the applicant, municipality or county, and of potential opportunities and/or impacts that may merit special attention.
A. 
Application. On reaching conclusions as recommended above regarding the general program and objectives, the subdivider or developer shall prepare and submit to the Planning Commission at least 15 days prior to the regular monthly meeting of the Planning Commission five copies of the preliminary plans of the land to be developed for review by the Planning Commission according to the requirements and standards.
(1) 
Incomplete applications. If the application materials are incomplete or the fee has not been paid, the Planning Commission shall notify the subdivider or developer of what is missing from the application. The date when all materials have been received shall then become the official date of submitting the plan.
(2) 
Review not possible. If complete materials are not submitted and the Planning Commission determines that an informed review is not possible, the Planning Commission shall notify the subdivider or developer in writing of the determination that a review cannot be provided because a complete application has not been submitted.
B. 
Planning Commission review. The Planning Commission shall review the plan submitted covering the requirements of this chapter, and shall consult with the Township Engineer and officials of any other department or authority as needed.
C. 
Future land use plan. 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 of any plans for the Planning Commission, including, but not limited to, proposed streets, recreation areas, drainage reservations, shopping centers and school sites.
D. 
Hazards of life, health, and safety. Also to be considered is whether the land is subject to hazards of life, health and safety. Such land shall not be subdivided until such hazards are removed. These hazards shall be interpreted to mean land subject to flooding, slides due to excessive slope or excavation, land of excessive or improper fill material, land improperly drained or land possessing mining subsidence problems.
E. 
Advisory review by the county. All subdivision and land development plans submitted to Kilbuck Township will be forwarded to the Allegheny County Department of Economic Development for its review and comment, according to Article V, § 502(b) of the Municipalities Planning Code. The county has 30 days to review the plan and send its report to the Township.
F. 
Planning Commission action. The Planning Commission shall notify the subdivider of the scheduled meeting place, date, time and agenda schedule. Within 30 days of this scheduled agenda review, the Planning Commission shall report to the Board of Supervisors on the subdivision or land development, recommending approval, conditional approval or disapproval, each with reasons for action.
G. 
Action of the Board of Supervisors. The Board of Supervisors shall act on the preliminary plan upon the receipt of the Planning Commission report stating its approval, conditional approval or disapproval, giving reasons for each. The decision of the governing body shall be in writing and shall be communicated to the applicant personally, or mailed to the applicant no later than 15 days following the decision.
[Amended 1-20-2004 by Ord. No. OO-04-2]
H. 
Nature of approval. From the time an application for approval of a 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 Ordinance, Subdivision and Land Development Ordinance 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 preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing results.
Preliminary plans and data shall include but not be limited to the following:
A. 
The preliminary plan shall be drawn at a scale of one inch equals 100 feet or less.
B. 
The plan shall show or be accompanied by the following:
(1) 
Draft of protective covenants, if any.
(2) 
Title to include:
(a) 
Name by which the subdivision or land development will be recorded.
(b) 
Location by municipality, county and state.
(c) 
Names and addresses of the owner or owners.
(d) 
Name of registered engineer or 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.
(4) 
Existing easements, their location, width and distance from property boundaries.
(5) 
Tract closures and block closures.
(6) 
Contours at vertical intervals of five feet. These contours should not be interpolated from USGS quadrangles.
(7) 
Datum to which contour elevations refer.
(8) 
Bench marks.
(9) 
Existing physical and natural features to include:
(a) 
Watercourses, floodplains, culverts, bridges and drains.
(b) 
Slopes of 25% and greater shall be delineated.
(c) 
A description of the vegetation on the site, including a delineation of wetlands. Areas that fall under the definition of woodlands shall also be indicated on the plan.
(d) 
Buildings, sewers, water mains and fire hydrants.
(e) 
Streets and alleys on or adjacent to the tract, including name, right-of-way widths and cartway widths and the entity that has jurisdiction over the street or alley.
(f) 
Subsurface conditions of tract including information regarding past mining activity and future possibility of mine activity. If there are any seams of mineable material within 300 feet of the surface, the subdivider or developer shall be required to show proof that he owns rights of support.
(g) 
Landslide-prone soils and prime agricultural soils.
(10) 
Proposed improvements shall include:
(a) 
Location, name and width of all proposed streets and alleys and paved cartway widths.
(b) 
Sidewalks and crosswalks.
(c) 
All rights-of-way and easements.
(d) 
Lot lines with bearings and dimensions.
(e) 
Building lines.
(f) 
Reservations of grounds for public use.
(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 system or a plan, where required, showing the on-lot sewage disposal facilities.
(i) 
Proposed land use of the improvement.
(j) 
A statement of approximately how much land will be graded or disturbed with the removal of existing vegetation.
(k) 
Proposed limit of work.
(l) 
Proposed landscaping to be preserved.
(m) 
Proposed trees to be preserved.
(11) 
A preliminary grading plan, meeting the requirements of the Kilbuck Township Grading Ordinance,[1] shall be submitted with the preliminary plan.
[1]
Editor's Note: See Ch. 115, Grading.
(12) 
The following additional data shall be submitted upon request by the Planning Commission:
(a) 
Names and addresses of abutting property owners.
(b) 
Subsurface condition of the tract.
(c) 
Profiles showing existing ground and proposed center line street grades.
(d) 
Typical cross section of roadways and sidewalks.
(e) 
Sizes of water pipes and location of valves and fire hydrants.
(f) 
Location of manholes, invert elevations, grades and sizes of sanitary sewers.
C. 
In flood-prone areas, the following information shall be required as part of the preliminary plan, and shall be prepared by a registered engineer or surveyor:
(1) 
Name of engineer, surveyor, or other qualified person responsible for providing the information required in this section.
(2) 
A map showing the location of the proposed subdivision and/or land development with respect to any designated floodplain district including information on the one-hundred-year flood elevations.
(3) 
Where the subdivision and/or land development lies partially or completely within any designated floodplain districts or where such activities border on any designated floodplain district, the preliminary plan map shall include the following information:
(a) 
The location and elevation of proposed roads, utilities and building sites, fills, flood or erosion protection facilities.
(b) 
The one-hundred-year flood elevations.
A. 
Application to Planning Commission. When filing an application for approval of final plan, the subdivider or developer shall submit to the Planning Commission Secretary, at least 15 days prior to a regular meeting of the Planning Commission, an original plus four copies of all plans and other information to meet the requirements of § 182-17 of this article. A subdivider or developer may file an application for both preliminary and final approval. When filing an application for preliminary and final plan approval, the subdivider or developer shall submit to the Planning Commission Secretary, at least 15 days prior to a regular meeting of the Planning Commission, an original and four copies of all plans and other information to meet the requirements of both §§ 182-15 and 182-17 of this article. The Planning Commission and the Board of Supervisors shall review the application for preliminary and final approval according to the process described in this § 182-16.
[Amended 1-20-2004 by Ord. No. OO-04-2]
B. 
Planning Commission review. The Planning Commission shall notify the subdivider of the scheduled meeting place, date, time and agenda scheduled. Within 30 days of this scheduled meeting, the Planning Commission shall report to the Board of Supervisors on the subdivision or land development, recommending approval, conditional approval or disapproval, each with reasons for action. Approved final plans shall bear the signatures of the Chairman and the Secretary of the Planning Commission to a certified statement that all plan procedure requirements have been met.[1]
[1]
Editor's Note: Original Section 1500.03, Subsection I3, Planning Commission action, which immediately followed this subsection, was repealed 1-20-2004 by Ord. No. OO-04-2.
C. 
Action of the Board of Supervisors. The Board of Supervisors shall review the final plan for recording and shall indicate approval, conditional approval or disapproval in accordance with the time limitations set forth in the MPC. Approved final plans for recording shall bear the signatures of the Chairman and Secretary of the Board of Supervisors to a certified statement that all plan procedure requirements have been met.
D. 
Title certificate. No final map shall be approved by the Board of Supervisors unless a certificate of title is furnished, satisfactory to the Engineer.
E. 
Application fee. At the time of filing the application of plans, the subdivider shall pay to the Board of Supervisors for use by the Township a fee to defray the costs of processing such plans and drafting same on the Zoning Map of the Township. The fee shall be determined based on the Engineer's estimated cost of processing such plans.
F. 
Disposition of plans. One copy of all final plans submitted for approval shall be retained by the Board of Supervisors, one copy by the Township Engineer, one copy to be filed by subdivider or developer according to § 182-46, Recording and dedication; the original shall be returned to the subdivider. The copy retained by the Board of Supervisors shall be an approved Mylar.
G. 
Conditional final approval. The Kilbuck Township Supervisors may grant conditional approval of a final plan, provided that any conditions shall be satisfied prior to signing and recording of the plan, or shall be incorporated into a development agreement between the applicant and the municipality. If a condition will affect the use of land or any other matter depicted upon the final plan, the Supervisors may require that the condition be noted upon and recorded with the plan.
H. 
Recording. All plans receiving final approval from the Township Supervisors are to be recorded in the Allegheny County Recorder of Deeds' office within 90 days of approval or said plans become null and void.
For any subdivision or land development requiring final approval, the plan submitted:
A. 
Shall be drawn on Mylar and shall be on sheets no larger than 17 inches by 22 inches or multiples thereof including a border of 1/2 inch on all sides except the seventeen-inch binding edge which shall be one inch. More than one sheet may be used for larger tracts and must be of the same scale as indexed. For tracts utilizing more than one sheet, one additional map is required, at a larger scale, indicating the entire tract and indexing.
B. 
Shall be drawn with waterproof black drafting or plotter ink and all records, data, entries, statements, etc., thereon shall also be made with the same type of ink.
C. 
Shall be drawn to scale of one inch equals 100 feet or less 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.
D. 
Shall contain a title block in the lower right corner with the following:
(1) 
Name under which the subdivision or land development is to be recorded.
(2) 
Date of the plan, graphic scale and location of subdivision or land development.
(3) 
Name of subdivision or land development owner.
(4) 
Name and address of the registered professional engineer or surveyor preparing plan.
E. 
All final plans submitted shall be drawn according to the following:
(1) 
Outside of subdivision or land development:
(a) 
Streets and other ways by medium solid lines.
(b) 
Property lines of adjacent subdivisions or land developments by medium dashed and two dotted lines.
(c) 
Lot lines by light dotted lines.
(d) 
Restriction lines, easements, etc., by light dashed lines.
(2) 
Within subdivision or land development:
(a) 
Streets or ways by heavy solid lines.
(b) 
Perimeter property lines of the subdivision or land development by heavy dashed and two dotted lines.
(c) 
Lot lines by light solid lines.
(d) 
Restriction or building lines by light dashed lines.
(e) 
Easements or other reserved areas by light dashed lines.
F. 
The final plan shall show:
(1) 
Primary control points, approved by the Engineer, or description and ties to which all dimensions, angles, bearings, and similar data shall be referred.
(2) 
Acreage of plot.
(3) 
Tract boundary lines, right-of-way lines of streets, easements and other right-of-way, and property lines of residential lots and other sites with accurate dimensions, bearings or deflection angles, radii, arcs and central angles of all curves.
(4) 
Name and right-of-way width of each street or right-of-way.
(5) 
Location, dimensions and purpose of all easements.
(6) 
Number to identify each lot or site.
(7) 
Purpose for which sites other than residential are to be dedicated.
(8) 
Building setback line on all lots and sites.
(9) 
Location and description of survey monuments.
(10) 
Names of record owners of adjoining unplotted land
(11) 
Certification of surveyor or professional engineer as to the accuracy of survey and plat showing name, address, registration number and seal. Only a registered and licensed land surveyor may prepare and seal boundary surveys and subdivisions. According to the State Registration Board for Professional Engineers, Land Surveyors and Geologists, if a plan sealed by a professional engineer includes boundary data performed by a land surveyor, the professional engineer must give a proper reference on the plan, stating the name and registration number of the land surveyor who performed the boundary survey, and the date and drawing number of the original boundary survey.
(12) 
Statement by the owner dedicating streets, right-of-way and sites for public uses.
(13) 
Protective covenants, if any, in form for recording.
(14) 
Such other certificates, affidavits, endorsements, or dedications as may be required in the enforcement of this chapter.
(15) 
Certification blocks for the appropriate governing and planning bodies.
(16) 
A map showing the exact location and elevation of all proposed buildings, structures, roads, and public utilities to be constructed within any designated floodplain district. All such maps shall show contours at intervals of five feet and identify accurately the boundaries of the flood-prone areas.
(17) 
Submission of the final plan shall also be accompanied by all required permits and related documentation from the Department of Environmental Protection, any other Commonwealth agency, or the local municipality.
(18) 
Copy of the sewage facilities permit as issued by DEP.
In the combination or recombination of lots or portions of previously plotted lots, the procedures and regulations heretofore described shall be followed except as they may be modified on application to the Planning Commission.
Plans and data involving subdivisions of three lots or less shall include but not be limited to the following:
A. 
The provisions of §§ 182-14 through 182-15 may be waived for subdivisions of three lots or less and the following requirements will become applicable:
(1) 
The proposed plan shall be drawn at a scale of one inch equals 100 feet or less.
(2) 
The proposed plan shall be legibly drawn on Mylar of the size not to exceed 17 inches by 22 inches.
(3) 
The plan shall show or be accompanied by the following:
(a) 
Description of covenants.
(b) 
Title to include:
[1] 
Location by municipality, county and state.
[2] 
Names and addresses of the owner or owners.
[3] 
Names of registered engineer or surveyor who surveyed the property and/or prepared the plan.
[4] 
North point, date and graphic scale.
(c) 
Proposed use of the land.
(d) 
Lot lines, dimensions and land area of proposed lot. Also the area remaining in the original parcel.
(e) 
Existing and proposed streets, alleys and/or easements on or adjacent to the tract.
(f) 
Available utilities (public sewer and water source and sewage disposal system should be indicated).
(g) 
Statement by the owner dedicating streets and rights-of-way for public use.
(h) 
Names of abutting property owners.
(i) 
A statement of approximately how much land will be disturbed.
(j) 
The following additional data shall be submitted upon request by the Planning Commission:
[1] 
Subsurface and drainage conditions of the tract.
[2] 
Any other data pertinent to the plan.
B. 
Preliminary and final plans. Conformance to the above requirements may replace the preliminary and final plan requirements.
C. 
Approval and disposition of final plans. Approval and disposition of final plans shall be in accordance with § 182-16.
D. 
The cost of revising the Official Zoning Map, to reflect the zoning change, shall be paid by the applicant.
The Township Supervisors may grant a modification or waiver of the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of the chapter is observed.