This article shall apply only to consolidations,
resubdivisions or replatting, as defined herein, and to those subdivisions
which propose no more than four lots, including the residual lot or
parcel, if any, all of which have frontage on an improved public street
and not involving the construction or improvement of any public street
and which may or may not involve the extension or creation of any
other public improvements.
A.
Prior to filing an application for preliminary approval
of a minor subdivision, the applicant or his representative may meet
with the Township Manager and/or other Township staff to obtain application
forms and a procedural guidelines packet and to discuss application
procedures and applicable ordinance requirements. If applicable, Sewer
Authority representatives may be invited to attend the meeting.
B.
In addition, the developer may request a preapplication
conference with the Planning Commission to discuss the conceptual
design for the development of the property and the feasibility and
timing of the application. The applicant shall contact the Township
Manager at least five working days prior to the regular meeting of
the Planning Commission to request a preapplication conference with
the Planning Commission.
C.
The preapplication conference is voluntary, and no
formal application or fee is required. This opportunity is afforded
to the applicant or his representative to obtain information and guidance
before entering into binding commitments or incurring substantial
expenses for plan preparation.
D.
While no formal application is required for a preapplication
conference, the applicant should provide one copy of readily available
information with the request for a preapplication conference which
will show the location of the property and any special features, such
as streams, floodplains or other conditions that may affect the development
of the property. Readily available resources which may be used include
the deed for the property, a property survey, the Tax Maps prepared
by the Allegheny County Assessor's Office, Geographic Information
Systems (GIS) mapping available from the Township, U.S.G.S. Quadrangle
Map showing natural features and topography, the National Flood Insurance
Administration (NFIA) Flood Hazard Boundary Maps, Natural Resources
Conservation Service Maps of soil types and the U.S. Bureau of Mines
coal mine maps.
E.
A preapplication conference shall not constitute formal
filing of any application for approval of a subdivision, shall not
bind the Planning Commission to approve any concept presented in the
preapplication conference and shall not protect the application from
any subsequent changes in ordinance provisions which may affect the
proposed development between the date of the preapplication conference
and the official date of filing of an application for preliminary
and final approval of a minor subdivision under the terms of this
chapter.
A.
The applicant shall submit 10 copies of an application for preliminary and final approval of a minor subdivision required by § 215-13 to the Township Manager at least 28 calendar days prior to the regular meeting of the Planning Commission. If the 28th day falls on a holiday, the application shall be filed by the close of business on the immediately preceding working day.
B.
The preliminary application shall not be considered to be complete and properly filed unless and until all items required by § 215-13 of this chapter, including the application fee, have been received.
C.
Immediately upon receipt, the application shall be
stamped with the date of receipt by the Township and one copy of the
application shall be distributed to the Township Engineer. Following
the Township's completeness review, one copy of the application shall
be sent to the Allegheny County Department of Economic Development
for review. Additional copies may be referred to any other appropriate
review agency at the discretion of the Township Manager.
D.
The Township staff will perform a completeness review.
If the application is found to be incomplete, a written notice shall
be provided to the applicant, indicating the deficiencies in the application
and citing the specific sections of this chapter that have not been
met. Incomplete applications shall not be placed on the Planning Commission
agenda for official review, however, if the applicant addresses the
deficiencies noted in the completeness review and submits a revised
application by the time deadline stated in the Township's completeness
review, the application shall be placed on the Planning Commission
agenda.
E.
In the event that the applicant fails to submit the
revised application within the time specified or the revised application
fails to adequately address the deficiencies cited in the completeness
review, the application shall be resubmitted for consideration at
the regular meeting of the Planning Commission in the month immediately
following.
F.
In all cases, the official date of filing of the preliminary
and final application shall be the date of the Planning Commission
meeting at which the Planning Commission accepts the application as
complete in content and properly filed, subject to the Township staff's
review and recommendation.
All applications for preliminary and final approval of a minor subdivision shall be submitted in accordance with § 215-12 of this chapter and shall include the following information:
A.
Ten copies of the completed application form supplied
by the Township.
C.
Written evidence of ownership or proprietary interest.
D.
Executed agent authorization form supplied by the
Township.
E.
Written evidence that the application has been submitted
to the Allegheny County Conservation District for review, if applicable.
F.
Written evidence from the water company and the Municipal
Authority that indicates whether service is available to the proposed
plan, if applicable.
G.
Written evidence of compliance with all other Township,
county, state or federal permits required for the plan, if any.
H.
A location map showing the plan name and location;
major existing thoroughfares related to the site, including the distance
therefrom; title, scale and North point.
I.
A copy of any existing or proposed covenants or deed
restrictions applicable to the property.
J.
Written evidence of any zoning variances granted which
are applicable to the property. The application shall not be considered
for final approval until any necessary zoning variances have been
granted by the Zoning Hearing Board or until the plat is revised to
conform to the zoning requirements at issue.
K.
A written statement requesting any waivers or modifications to this chapter in accordance with Article IX, if applicable.
L.
Ten copies of a final plat, all drawings on sheets
not exceeding 34 inches by 44 inches, accurately drawn to a scale
of not less than one inch equals 100 feet, certified by a Pennsylvania
registered land surveyor as to existing features, design features
and boundaries. The final plat shall contain the following information:
(1)
Date of preparation. All revisions shall be noted
and dated.
(2)
Title of development; North arrow; scale; County Assessment
Lot and Block Number; the name and address of the record owner; the
name and address of the applicant; the name and address, license number
and seal of the person preparing the subdivision. If the owner of
the premises is a corporation, the name and address of the president
and secretary shall be submitted on the application.
(3)
All distances shall be in feet and decimals of a foot
and all bearings shall be given to the nearest second.
(4)
The names of all adjoining subdivisions showing the
location of the nearest streets in such plats.
(5)
Survey data showing boundaries of the property, building
or setback lines and lines of existing and proposed streets and rights-of-way,
lots, reservations, easements and areas dedicated to public use, including
grants, restrictions and rights-of-way, to be prepared by a licensed
land surveyor. The name, address, signature and seal of the surveyor
shall be indicated.
(6)
Location of existing buildings and all other structures,
including walls, fences, culverts and bridges, with spot elevations
of such buildings and structures. Structures to be removed shall be
indicated by dashed lines; structures to remain shall be indicated
by solid lines.
(7)
Area, to the nearest thousandth of an acre of the
tract to be subdivided and the area, in square feet, of all lots.
(8)
Plans of proposed sanitary and stormwater systems
showing feasible connections to existing or any proposed utility systems.
Pipe sizes, grades and direction of flow, locations and inlets, manholes
or other appurtenances and appropriate invert and other elevations
shall be indicated.
(9)
An indication on the plat identifying the company
or authority that will provide water, sewer, gas, electric and other
utility services.
(10)
A copy of the U.S.G.S. topographic survey map
with the boundaries of the project site outlined on the map.
(11)
If applicable, a notation on the plat that access
to a state highway shall only be authorized by a highway occupancy
permit issued by the Pennsylvania Department of Transportation under
Section 420 of the State Highway Law (P.L. 1242, No. 428 of June 1,
1945).[1]
[1]
Editor's Note: See 36 P.S. § 670-420.
(12)
Spaces for the signature of the Chairman and
Secretary of the Planning Commission; the President and Secretary
of the Board of Commissioners; the Township Engineer; and dates of
approval.
(13)
Certification clauses as required by the Allegheny
County Subdivision and Land Development Ordinance.
(14)
If the subdivision represents the resubdivision,
replatting or consolidation of lots of record in a previously recorded
plat, reference shall be made in the title to the recorded plat which
is being revised.
(15)
If applicable, flood hazard zone boundaries.
A.
Planning Commission recommendation.
(1)
At the first regular meeting of the Planning Commission
after submission of a preliminary and final application for a minor
subdivision, the Planning Commission shall either accept or reject
the application as complete in content and properly filed. The date
of the Planning Commission meeting at which the preliminary and final
application is accepted as complete and properly filed shall be the
official date of filing of the application and shall represent the
beginning of the sixty-day period for Planning Commission review and
recommendation on the application, unless the applicant agrees, in
writing, to an extension of time.
(2)
Within 60 days of the official date of filing of the
preliminary and final application, the Planning Commission shall make
a written recommendation to the Board of Commissioners for approval,
approval with conditions or disapproval of the preliminary and final
application. In the case of a recommendation for disapproval, the
Planning Commission's recommendation shall cite the specific requirements
of this chapter which have not been met.
B.
Action by the Board of Commissioners.
(1)
Within 90 days of the official date of filing of the
preliminary and final application, the Board of Commissioners shall
either approve, approve with conditions or disapprove the preliminary
and final application at a public meeting. The Board of Commissioners
shall not act until the review has been received from the Allegheny
County Planning Commission or until 30 days has passed since the date
that the application was submitted to the County for review. The recommendation
of the Township Planning Commission and the report of the County Planning
Agency, if any, shall be made a part of the record at that meeting.
(2)
A letter indicating approval, approval with conditions
or disapproval shall be sent to the applicant by regular mail within
15 days of the date of the decision by the Board of Commissioners.
If the preliminary and final application is not approved, the Board
of Commissioners shall specify the defects found in the preliminary
and final application and cite the requirements of this chapter which
have not been met.
C.
Conditional approval. If the Board of Commissioners determines that certain conditions are warranted to be attached to preliminary and final approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by Subsection B of this section. The applicant shall accept or reject the conditions attached to preliminary and final approval by giving written notice to the Township Manager within 30 days of the date of the meeting of the Board of Commissioners at which preliminary and final approval is granted. If the applicant fails to give written notice to the Township Manager regarding acceptance or rejection of the conditions attached to preliminary and final approval within the required 30 days, preliminary and final approval shall automatically be rescinded without written notice to the applicant.
D.
Deemed approval. Failure of the Board of Commissioners
to render a decision and communicate it to the applicant within the
time and in the manner prescribed by this chapter shall be deemed
an approval of the application in the terms as presented, unless the
applicant has agreed in writing to an extension of time or change
in the prescribed manner of presentation of communication of the decision,
in which case, failure to meet the extended time or change in manner
of presentation of communication shall have like effect.
The Township may offer the mediation option as an aid in completing the proceedings authorized by this article in accordance with the requirements of § 215-28 of this chapter.
A.
Upon approval of a final plat by the Board of Commissioners,
the developer shall record such plat in the Office of the Allegheny
County Recorder of Deeds either within 90 days of such final approval,
or within 90 days after the date of delivery of an approved plat signed
by the Board of Commissioners following completion of any conditions
imposed for such approval in accordance with the terms of the development
agreement, whichever is later.
B.
In addition to the certification of final approval
by the Board of Commissioners, the following certification must be
added to the plan:
[Added 4-20-2006 by Ord. No. 8-2006]
All conditions of approval have been reviewed,
and the plan signed and noted as approved, this __________ day of
__________, 20____.
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A.
In the event that the plat has not been recorded within
the required 90 days, the Township Manager is authorized to reinstate
the signatures of the proper officers of the Township indicating approval,
provided there are no changes in the minor subdivision previously
granted approval and all the requirements of this chapter regarding
posting of a performance bond or amenities bond and execution of a
development agreement, if applicable, have been met and, further,
provided the plan is submitted for reinstatement of approval within
180 days following the date of preliminary and final approval by the
Board of Commissioners.
B.
Any request for reinstatement of preliminary and final approval which is submitted after 180 days from the date of the original granting of preliminary and final approval by the Board of Commissioners shall require resubmission of an application for preliminary and final approval in accordance with the requirements of §§ 215-12 through 215-14 and §§ 215-16 through 215-19 of this chapter.
Upon recording of the final plat in the Office
of the Allegheny County Recorder of Deeds, the applicant shall deliver
to the Township Manager, one Mylar and one paper print of the final
plat as recorded, containing all required signatures and dates of
approval, including those of the County Recorder of Deeds. In addition,
the applicant shall deliver to the Township Manager a diskette containing
the final plat in the digitized format acceptable to the Township.
In lieu of providing the final plat in digitized format, the applicant
shall pay a fee, as established from time to time by resolution of
the Board of Commissioners, sufficient to cover the costs for the
Township to convert the final plat to the acceptable digitized format.
Subdivisions containing no more than four lots that involve the extension or creation of a public street shall be deemed major subdivisions and shall be subject to all provisions of Article IV of this chapter. Minor subdivisions which propose the extension or installation of any public improvements, as defined by this chapter, other than a public street, shall be further subject to §§ 215-30 through 215-32 of this chapter governing installation of public improvements and posting of a performance bond to guarantee their proper installation.