Township of South Fayette, PA Article IV Approval Procedure for Major Subdivisions

§ 215-20 Applicability.

This article shall apply to all subdivisions which propose five or more lots and to all subdivisions which propose the construction or improvement of a public street, regardless of the number of lots proposed.

§ 215-21 Preapplication conference.

A. Prior to filing an application for preliminary approval, 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 calendar days prior to the regular meeting of the Planning Commission to request a preapplication conference with the Planning Commission.

C. The preapplication conference with the Planning Commission is voluntary, and no formal application or fee is required. This opportunity is afforded to the developer 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 preapplication conference and the official date of filing of an application for preliminary approval of a major subdivision under the terms of this chapter.

§ 215-22 Preliminary application submission.

A. The applicant shall submit 10 copies of an application for preliminary approval required by § 215-23 of this chapter 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 § 215-23 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. After the Township completeness review, one copy shall be sent to the Allegheny County Department of Economic Development for review.

D. Additional copies may be referred to any other appropriate review agency at the discretion of the Township Manager.

E. 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.

F. 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.

G. In all cases, the official date of filing of the preliminary 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.

§ 215-23 Preliminary application content.

All applications for preliminary approval of a major subdivision shall include the following:

A. Ten copies of the completed application form supplied by the Township;

B. Application filing fee, as required by § 215-90A of this chapter and the review escrow deposit required by § 215-90B;

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.

F. Written evidence from the water company and the Municipal Authority that indicates whether service is available to the proposed plan.

G. Written evidence of compliance with all other Township, county, state or federal permits required for the plan, if any.

H. Ten copies of a preliminary plat, folded and drawn at a scale of not less than 100 feet to one inch, all drawings on sheets not exceeding 34 inches by 44 inches, containing the following information:

(1) A boundary survey by a registered professional land surveyor and topographical survey of the total proposed subdivision by a registered professional engineer or registered professional land surveyor. If the developer intends to develop a tract of land in phases, the preliminary plat shall include the total tract.

(2) The proposed name of the subdivision.

(3) The name, address, certification and seal of the registered engineer or registered surveyor who prepared the plat and the registered surveyor who did the survey shown on the plat.

(4) The name and address of the developer and, if the developer is not the landowner, the name and address of the landowner.

(5) 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.

(6) A graphic scale, North point and date.

(7) A legend and notes.

(8) Date of preparation. All revisions shall be noted and dated.

(9) The existing platting of land adjacent to the site, including the names of adjoining owners, and all existing sewers, water mains, culverts, petroleum or gas lines and fire hydrants on the site or within 100 feet of the site shall be shown.

(10) The names of all adjoining subdivisions.

(11) Existing watercourses, wetlands, tree masses and other significant natural features.

(12) 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.

(13) Areas subject to periodic flooding, if any, as identified on the current Official Map for the Township issued by the Federal Insurance Administration.

(14) Identification of any wetlands on the site and the design techniques proposed to accommodate them.

(15) Contours at intervals of elevation of not more than five feet where the slope is greater than 10% or greater and at intervals of not more than two feet where the slope is less than 10%.

(16) Designation of slopes greater than 40% and slopes greater than 25% but not more than 40%.

(17) Existing streets and rights-of-way on or adjoining the site, including dedicated widths, roadway widths, approximate gradients, types and widths of pavements, curbs, sidewalks and other pertinent data.

(18) Existing and proposed easements, locations, widths and purposes.

(19) Location, width and approximate grade of all proposed streets, and the cuts or fills on said streets at fifty-foot intervals.

(20) The layout of lots (showing scaled dimensions), lot numbers and the area of lots in square feet.

(21) Front building lines.

(22) Parcels of land proposed to be reserved for schools, parks, playgrounds or other public, semipublic or community purposes, if any. Parcels shall be lettered A, B, C, etc. and the area of each parcel in acres shall be shown.

(23) Tabulation of site data, including total acreage of land to be subdivided, the number of residential lots, typical lot size, the acreage in the subdivision and the acreage in any proposed recreation or other public areas.

(24) Legend containing all current zoning information applicable to the plan and an indication of compliance. (See Appendix I for a sample legend.[1])

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

(25) The location of all existing sewer lines, culverts, or other underground structures, with pipe sizes and types, together with a preliminary layout of necessary extensions of or additional sewer lines, or other proposed underground utilities, and indicating easements for public utilities, sewage and drainage.

(26) Feasibility of proposals for disposition of stormwater and sanitary waste.

(27) 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).[2]

[2] Editor's Note: See 36 P.S. § 670-420.

I. The requirements of a traffic impact study, if applicable, are as follows:

[Amended 4-20-2006 by Ord. No. 9-2006; 10-7-2018 by Ord. No. 4-2018]

(1) A traffic impact study shall be required for developments or changes in use generating, on the average, greater than 75 new or additional trips during a single peak hour or greater than 1,500 average weekday trips. The trip estimate for any development shall be calculated by reference to the latest edition of the Institute of Traffic Engineer's (ITE's) Trip Generation Manual. Also, in cases where known deficiencies exist in the area of the proposed development, a traffic impact study may be required. If access is proposed to a state highway, the traffic impact study, or traffic impact assessment, shall be coordinated and reviewed jointly with PennDOT in accordance with their current policies.

(a) The Township may waive the traffic impact study requirements where a proposed development was incorporated as part of a previously approved traffic study.

(b) Prior to beginning a traffic impact study, the applicant shall submit a proposed scope of services to the Township for review and approval. The scope shall be submitted in accordance with the current scoping form utilized by PennDOT. It shall be reviewed and approved by PennDOT concurrently with the Township if access is being requested onto a state highway. The traffic impact study shall include the following, if appropriate, as determined by the Township:

[1] A brief description of the proposed project in terms of land use and magnitude.

[2] An inventory and analysis of existing roadway and traffic conditions in the site environs, including:

[a] Roadway network and traffic control.

[b] Existing traffic volumes in terms of peak hours and average daily traffic (ADT). Previously collected traffic data can be used, but it must have been collected within the last two years of the date of the traffic impact study submission.

[c] Crash data for the previous five years at all study intersections.

[d] Planned roadway improvements and developments by others. Planned improvements can be assumed under future conditions only if the improvements are funded and if final land development approvals have been obtained from the Township.

[e] Intersection levels of service and average delays per vehicle reported by approach, movement and overall intersection.

[f] Other measures of roadway adequacy, i.e., lane widths, traffic signal warrants, gap studies, vehicle delay studies, multiway stop control warrants, etc.

[3] Projected site generated traffic volumes in terms of:

[a] Peak hours and ADT (by development phase, if required). Trip reductions for alternative transportation modes, such as pedestrian, bicycle, transit, can be considered in accordance with current PennDOT procedures. Any reductions must be approved by the Township and PennDOT, if access is to a state highway.

[b] Approach/departure distribution, including method of determination.

[c] Site traffic volumes on the study roadway(s).

[4] An analysis of future traffic conditions including:

[a] Future design year, which shall be five years beyond the anticipated opening year of the development. If phasing is proposed, the design year for each phase shall be evaluated and shall be agreed upon in the scoping form.

[b] Intersection levels of service and average delays per vehicle reported by approach, movement and overall intersection. Traffic signal timings shall be optimized for any signalized intersections.

[c] A pavement analysis of roadways which are projected to experience significant increases in ADT volumes offsite.

[d] Other measures of roadway adequacy, i.e., lane widths, traffic signal warrants, gap studies, vehicle delay studies, multiway stop control warrants, etc.

[e] When access is onto a State highway, the analysis of future conditions shall be consistent with current PennDOT policies and requirements.

[5] A description of future levels of service and their compliance with standards for traffic capacity of streets, intersections, and driveways. New streets shall be designed for adequate traffic capacity defined as follows: All reference to levels of service (LOS) shall be defined by the current edition of the Highway Capacity Manual, published by the Transportation Research Board.

[a] Traffic capacity LOS shall be based upon a future design year, which coincides with completion of the development.

[b] Unsignalized intersections or driveways, existing or new, which intersect public streets shall maintain or be designed for a LOS D or better for each traffic movement unless otherwise specified by the Township.

[c] New signalized intersections shall be designed for overall intersection LOS D or better. Existing signalized intersections impacted by development traffic shall maintain the same level of service as under predevelopment conditions; however, an overall intersection increase in delay of up to 10 seconds is acceptable. If overall intersection delays increase by more than 10 seconds, mitigation strategies shall be developed. If mitigation is not feasible, then the following alternatives apply:

[i] The Township will allow a marginal LOS degradation with municipal concurrence if recommended by the Township Traffic Engineer. If access is proposed to a state highway, PennDOT must also approve the marginal LOS degradation.

[ii] The Township may approve an alternative transportation plan, in accordance with current PennDOT policies, if mitigation is not feasible. The alternative transportation plan must be approved by the Township and PennDOT, if access is to a state highway.

[iii] A design waiver may be applied for per current PennDOT policies, if access is onto a state highway. If access is to a Township street, the LOS waiver does not apply.

[d] Streets shall be designed for a minimum LOS D.

[6] A description and analysis of the proposed access plan and site plan, including:

[a] Access plan including analysis of required sight distances using applicable PennDOT criteria, using geometric conditions and traffic control.

[b] On-site circulation plan showing parking locations and dimensions, loading access, pedestrian facilities and circulation, and traffic condition signage.

[7] Traffic circulation mitigating action plan shall include:

[a] Project features relative to site access and on-site circulation, which could be modified to maximize positive impact or minimize negative impact.

[b] Off-site improvement plan, depicting required roadway and signal installation and signing improvements to meet the minimum level of service requirements. Conceptual designs and preliminary construction cost estimates shall be included for any off-site improvements.

(c) Review. The applicant shall be required to pay for the cost of all review(s) by the Township Traffic Engineer, including:

[1] If a traffic impact study or traffic impact assessment is required.

[2] When a highway occupancy permit is required for access to a state highway, a copy of the application and two copies of the plans must be submitted to the Township for review and approval.

[3] No permits for construction or occupancy of a site shall be issued until said review fees are paid.

J. Where evidence exists of deep mining, strip mining, landslide prone soils or other geologic hazards on the site, a geologic report by a qualified registered professional engineer acceptable to the Township regarding soil and subsurface conditions and the probable measures needed to be considered in the design of the development, the location of structures and the design of foundations, if any. Where no evidence of the above conditions exists, the qualified geologic engineer shall submit a soil and subsurface conditions report certifying the same.

K. A written statement requesting any waivers or modifications to this chapter in accordance with Article IX, if applicable.

L. A written statement identifying any zoning variances that will be needed or that have been granted to the property by the Zoning Hearing Board.

M. Site analysis: base plan. The applicant shall prepare a reproducible base plan depicting all information required in accordance with this subsection. The base plan shall depict the following information for the entire tract subject to application and all adjacent areas within 100 feet of the boundaries of said tract:

[Added 11-15-2004 by Ord. No. 6-2004]

(1) Title block and tract information.

(a) North arrow, graphic scale and date of plan preparation;

(b) Total acreage of the tract;

(c) Zoning of the tract (Note: If the tract lies within more than one zoning district, indicate the total acreage per zoning district);

(d) Name, address and telephone number of the applicant (if different from landowner);

(e) Name and signature of the person who prepared the base plan.

(2) Location map. Location map shall be inset, at a scale of one inch equals 800 feet or greater, and shall identify the subject tract and its boundaries, showing its relationship to all areas within a minimum radius of 1/2 mile.

(3) Legal encumbrances. The limit lines and nature of all private easements, deed restricted areas and rights-of-way within the entire subject tract shall be indicated.

(4) All property boundaries. The names of the owners of all adjacent tracts and the names of all adjacent subdivisions or development shall be indicated.

(5) Topography. Existing topographic contours shall be indicated at two-foot intervals throughout the subject tract and all areas located within 100 feet of said tract. Elevations shall be indicated and, where reasonably practical, datum shall refer to established USCG elevation.

(6) Soils. The limits of all soil types are to be plotted and identified with an appropriate symbol (MgB2, WoA, etc.), as mapped by the Soil Conservation Service for the Soil Survey of Allegheny County.

(7) Waterways. All streams, ponds, watercourses and drainagecourses shall be mapped. Stream mapping shall include all stream center lines and normal channel boundaries. Water resource information also shall be prepared from an actual field survey of the site or via photogrammetry using aerial photographs not more than two years old.

(8) Flood districts. The limits of all flood hazard districts as shown on the most recent FEMA maps.

(9) Structure. All existing principle and accessory structures and facilities, including hut not limited to buildings, wells, septic fields, underground tanks, fences, walls, sheds, etc.

(10) Roads and rights-of-way. All existing roads, road rights-of-way and appurtenant works, including but not limited to bridges, culverts, guardrails, etc.

(11) Utilities, All existing utilities and utility rights-of-way, including but not limited to locations of poles, overhead and underground lines and ground level transformers.

(12) Wells and mines. All existing, closed, abandoned and/or capped wells and mine shafts shall be indicated. Applicant must also submit appropriate undermining map information as available from the Pennsylvania Department of Mining and/or any other reliable source.

(13) Trees. All existing tree lines, forest edges, hedgerows, thickets, tree masses and groves.

(14) Steep slopes. Steep slope areas between 15% and 25% slope and greater than 25% slope shall he separately indicated through shading of the appropriate areas as bounded by the contour intervals.

(15) Wetlands and wetland buffers. All wetland and wetland buffer boundaries shall be indicated. Wetland and wetland buffer boundaries within the tract shall be determined for on-site delineation and plotted from actual field survey. For wetlands situated outside the subject tract but within 100 feet of tract boundaries, wetland boundaries may be approximated from field observation (i.e., they do not need to be delineated and surveyed).

(16) Sinkholes and rock outcroppings. All sinkholes and rock outcroppings shall be indicated (including identification of the extent and type of rock), as obtained from field investigation.

(17) Wildlife and habitats. Any rare, threatened or endangered animal species likely to exist shall be listed based on information available from PNDI and/or Pennsylvania Fish and Wildlife database. Any suitable habitats for rare, threatened or endangered animal species known to exist in South Fayette Township or vicinity, which are likely to exist on or within 100 feet of the subject tract or affected area, as applicable, shall be identified based on field observation.

(18) Historic resource. All historic resources, including districts, sites, structures, ruins, walls, transportation traces (trails and abandoned roads) and quarry sites shall be identified and described, based upon available information and mapping and/or upon on-site investigation.

(19) Environmental hazards or intrusions. All environmental, visual and/or safety hazards or intrusions shall be located and described, based on field investigation. Such investigation shall include, but not be limited to, the following: areas of erosion, evidence of bare soil and/or overgrazing, debris/junk/soil piles, poor sight distances, poor road drainage, strip mining or configuration and problems associated with culverts and other stormwater management facilities.

N. Site analysis: impact report. The applicant shall prepare and submit a report outlining potential impacts the development will have on the features outlined in the base map. Applicant shall also provide in the report action plans and timetables steps to be taken to mitigate and/or lessen the impacts of the proposed development will have on the features outlined in the base plan.

[Added 11-15-2004 by Ord. No. 6-2004]

§ 215-24 Preliminary application approval.

A. Planning Commission recommendation.

(1) At the first regular meeting of the Planning Commission after submission of a preliminary application, 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 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. During the sixty-day review period, the Township Engineer shall provide preliminary review comments to the Planning Commission and the applicant.

(2) Within 60 days of the official date of filing of the preliminary application, the Planning Commission shall recommend either approval, approval with conditions or disapproval of the preliminary application at a public meeting. In the case of a recommendation for disapproval, the Planning Commission recommendation shall cite the specific requirements of this chapter which have not been met.

B. Action by the Board of Commissioners.

(1) The Township Engineer shall present a written report to the Board of Commissioners which states whether an application complies with the requirements of this chapter, and that report shall be included in the minutes of the Board of Commissioners meeting.

(2) Within 90 days of the official date of filing of the preliminary application, the Board of Commissioners shall either approve, approve with conditions or disapprove the preliminary 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 Commission, if any, shall be made a part of the record at that meeting.

(3) A letter indicating approval with conditions or disapproval shall be mailed to the applicant within 15 days of the date of the decision by the Board of Commissioners. If the preliminary application is not approved, the Board of Commissioners shall specify the defects found in the preliminary application and cite the specific 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 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 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 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 approval within the required 30 days, preliminary 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.

E. Expiration of preliminary approval.

(1) Preliminary approval shall expire five years from the date of the grant of preliminary approval by the Board of Commissioners, unless a written extension is submitted by the applicant and approved by the Board of Commissioners. Any request for extension shall be submitted to the Board of Commissioners at least 30 days prior to the prevailing expiration date. Extensions may be granted for one or more six-month periods upon a finding by the Board of Commissioners that such extension is warranted for reasonable cause and not due to the applicant's own negligence or inaction.

(2) In the case of a phased development, calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the applicant with the preliminary application delineating all proposed phases, as well as time deadlines by which applications for final plat approval of each phase are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of preliminary approval until final plat approval of the final phase has been granted. Any modification in the aforesaid schedule shall be subject to approval by the Board of Commissioners in its sole discretion. Phased development shall be subject to the time protection provisions of Section 508(4) of the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended).[1]

[1] Editor's Note: See 53 P.S. § 10508(4).

§ 215-25 Final application submission.

A. After a preliminary application for a major subdivision has been approved by the Board of Commissioners, the developer may proceed by filing an application for final approval of a major subdivision. The final application may be submitted for the entire development granted preliminary approval or may be submitted in phases in accordance with § 215-27E of this chapter.

B. If the major subdivision proposes any variances to the Township Zoning Ordinance, the decision of the Zoning Hearing Board shall be issued prior to submission of the application for final approval. If the zoning variances are denied, the final plat shall be revised to show compliance with the zoning requirements at issue. If the final plat is not revised to show compliance with the zoning requirements that are at issue, a new preliminary application shall be required.

C. In either case, the applicant shall submit 10 copies of the final application required by § 215-26 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.

D. 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. After the Township completeness review, one copy shall be sent to the Allegheny County Department of Economic Development for review.

E. The final application shall not be considered to be complete and properly filed unless and until all items required by § 215-26 of this chapter, including the application fee, have been received.

F. 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.

G. 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.

H. In all cases, the official date of filing of the 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.

§ 215-26 Content of final application.

All applications for final approval of a major subdivision shall include the following:

A. Ten copies of the completed application form supplied by the Township;

B. Application filing fee, as required by § 215-90A of this chapter and the review escrow deposit required by § 215-90B;

C. Executed agent authorization form supplied by the Township;

D. One copy of the approved preliminary plat;

E. Written evidence of compliance with all other applicable Township, county, state or federal regulations or permits;

F. Ten copies of the final plat, folded and in accurate and final form for recording drawn to a scale not less than one inch equals 100 feet on sheets not exceeding 34 inches by 44 inches which clearly delineates the following:

(1) The name of the subdivision.

(2) The name and address of the developer, and, if the developer is not the landowner, the name and address of the landowner.

(3) The name, address, certification and seal of the registered land surveyor who prepared the plat.

(4) The North point, graphic scale and date.

(5) Accurate boundary lines, with dimensions and bearings. The boundary of the tract shall be determined by an accurate survey in the field which must be balanced and closed and certified to be correct by a registered land surveyor.

(6) Accurate locations of all existing and recorded streets intersecting the boundaries of the tract of land described in the final plat.

(7) Lot numbers, dimensions of each lot and the area of each lot, in square feet. All lots shall be numbered consecutively.

(8) All dimensions shall be shown to the nearest 0.01 of a foot, United States standard measure.

(9) Final building lines.

(10) Current zoning district classification.

(11) The location and dimensions of all easements for public improvements and any limitations on such easements.

(12) Dimensions and bearings of any property to be reserved for public, semipublic or community use, if any.

(13) Street names, which do not duplicate or sound like an existing street name in the 911 service area;

(14) Complete curve data for all curves included in the final plat, including radius, arc length, chord bearing and chord distance. Lines which join these curves that are nonradial or nontangential should be so noted.

(15) Street lines with accurate dimensions in feet and hundredths of feet.

(16) A tentative street profile plan for all streets within the subdivision and for a distance of 200 feet beyond the boundaries of the subdivision.

(17) Refined contours and sufficient elevations to show proposed grading.

(18) 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.

(19) If applicable, a notation on the plat regarding any zoning variances granted by the Zoning Hearing Board, including the date of the decision, the appeal number and the nature of the variance granted.

(20) Location, type and size of all monuments and lot markers in accordance with the standards and requirements of § 215-63 of this chapter and the Allegheny County Subdivision and Land Development Ordinance and an indication of whether they were found or set.

(21) Where applicable, evidence of approvals from the Allegheny County Soil Conservation District, Pennsylvania Department of Environmental Protection or the U.S. Army Corps of Engineers.

(22) Spaces for the signatures 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.

(23) Certification clauses required by the Allegheny County Subdivision and Land Development Ordinance.

(24) Certificate of completion of public improvements in the plan or a performance bond to guarantee proper installation of the public improvements in the plan, as required by § 215-30 of this chapter.

G. Four copies of construction plans for public improvements prepared by a registered professional engineer, folded and drawn on sheets measuring 24 inches by 36 inches showing the following:

(1) Conformity with the Design Standards of this chapter and the Township Construction Standards;

(2) Street plan and profile drawings for each street in the plan, including the terminus of all streets in the plan and any area beyond the limits of the plan where grading is proposed to construct the street. Street plan and profile drawings shall include all drainage easements over property, location of catch basins, inlets, manholes, headwalls and endwalls of the stormwater system. Top and invert elevations shall be shown along with the pipe size. Profile of storm pipes shall show any crossing sanitary sewer lines and may be placed on a separate drawing. Lot lines and lot numbers shall be included in the street plan view.

(3) At least three cross sections at intervals not to exceed 100 feet and extending 50 feet on each side of the street center line or 25 feet outside of the street right-of-way, whichever is greater.

(4) Sanitary sewer plan and profile drawing which shall include lot lines and lot numbers on the plan view. The location of the sanitary sewers, manholes and location of each wye proposed for installation shall be shown. The grade line, distance and pipe size of each line shall be indicated on the plan and profile. The top and invert elevation of each manhole plus pipe invert grades at fifty-foot intervals shall be provided.

(5) All construction drawings shall be prepared according to accepted engineering and construction standards and in accordance with the standard sanitary and storm sewer details contained in the Township Construction Standards.

§ 215-27 Final application approval.

A. Planning Commission recommendation.

(1) At the first regular meeting of the Planning Commission after submission of a final application, the Planning Commission shall either accept or reject the application as complete and properly filed. The date of the Planning Commission meeting at which the final application is accepted as complete and properly filed shall be the official date of filing for 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. During the sixty-day review period, the Township Engineer shall provide review comments to the Planning Commission and the applicant.

(2) Within 60 days of the official date of filing of the application, the Planning Commission shall make a recommendation, in writing, to the Board of Commissioners for approval, approval with conditions or disapproval of the final application. In the case of a recommendation for disapproval, the Planning Commission recommendation shall cite the specific requirements of this chapter which have not been met.

B. Action by the Board of Commissioners.

(1) The Township Engineer shall present a written report to the Board of Commissioners which states whether the application complies with the requirements of this chapter and that report shall be included in the minutes of the Council meeting.

(2) Within 90 days of the official date of filing of the application, the Board of Commissioners shall either approve, approve with conditions or disapprove the final application at a public meeting. The Board of Commissioners shall not act until the review has been received from the County Planning Agency or until 30 days have passed since the date that the application was submitted to the county for review. The recommendation of the Township Planning Commission and the County Planning Agency, if any, shall be made a part of the record at that meeting.

(3) A letter indicating approval, approval with conditions or disapproval shall be mailed to the applicant within 15 days of the date of the decision by the Board of Commissioners. If the final application is not approved, the Board of Commissioners shall specify the defects found in the 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 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 final approval either by giving written notice to the Township Manager or by executing the development agreement required by § 215-32 of this chapter within 30 days of the date of the meeting of the Board of Commissioners at which 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 final approval or execute the development agreement within the required 30 days, 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.

E. Phased approval.

(1) In the case where development of a major subdivision is projected over a period of years, the Township authorizes submission of final applications by sections or phases of development, subject to such requirements or guarantees for public improvements in future sections or phases of the development which are essential for the protection of the public welfare and any existing or proposed section or phase of the plan.

(2) All sections or phases shall conform to the preliminary application as previously approved by the Township. Any phase that contains substantive changes in the number of lots or buildings proposed or in the layout of the lots, buildings or streets previously approved in the preliminary application shall require complete resubmission of the preliminary application in accordance with §§ 215-22, 215-23 and 215-24 of this chapter.

§ 215-28 Mediation option.

A. The Township may offer the mediation option as an aid in completing the proceedings authorized by this article. Mediation shall supplement, not replace, those procedures in this article once they have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting the Township's police powers or as modifying any principles of substantive law.

B. Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. In offering the mediation option, the Township shall assure that in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:

(1) Funding mediation.

(2) Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.

(3) Completing mediation, including time limits for such completion.

(4) Suspending time limits otherwise authorized in this chapter or in the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended), provided there is written consent by the mediating parties, and by the applicant or the Board of Commissioners, if either is not a party to the mediation.

(5) Identifying all parties and affording them the opportunity to participate.

(6) Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.

(7) Assuring that mediated solutions are in writing and signed by the parties, and become subject to review and approval by the Board of Commissioners pursuant to the procedures for approval set forth in this article.

C. No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.

§ 215-29 Resolution indicating approval.

When requested by the developer, in order to facilitate financing, the Board of Commissioners shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer executing the development agreement and posting any required performance bond. The final plat shall not be signed nor recorded until the performance bond is posted and the development agreement is executed. The resolution shall expire and be deemed to be revoked if the performance bond is not posted and the development agreement is not executed within 90 days, unless a written extension is granted by the Board of Commissioners. Such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.

§ 215-30 Posting of performance bond.

A. In lieu of the completion of any improvement required prior to and as a condition for final approval of a plat, the applicant shall deposit a performance bond, as defined by this chapter, in favor of the Township, in an amount equal to 110% of the cost of completion of the improvements estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Township may adjust the amount of the performance bond by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Township may require the developer to post additional security in order to assure that the performance bond equals said 110%. Any additional security shall be posted by the developer in accordance with this § 215-30.

B. The amount of the performance bond required shall be based upon a written estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by an engineer and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another engineer chosen mutually by the Township and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable, and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Township and the applicant or developer.

C. If the party posting the performance bond requires more than one year from the date of posting of the performance bond to complete the required improvements, the Township may increase the amount of the performance bond an additional 10% for each one-year period beyond the first anniversary date from posting of the performance bond or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period by using the above procedure.

§ 215-31 Posting of amenities bond.

In all subdivisions or land developments where private improvements are required by this chapter or are voluntarily provided by the developer, an amenities bond shall be required. The procedure for posting the amenities bond shall be the same as that required by § 215-30 of this chapter for posting a performance bond, except that the estimate of the cost of completion of the required private improvements shall be prepared by the applicant's or developer's engineer and shall be certified by such engineer to be a fair and reasonable estimate of such costs. The Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. Disputes shall be resolved in accordance with the procedure specified in § 215-30.

§ 215-32 Development agreement.

A. As a condition of granting final approval of a subdivision or land development that requires the posting of a performance bond or an amenities bond or to which conditions are attached to the grant of final approval, the Board of Commissioners shall require that the developer execute a development agreement with the Township, in a form acceptable to the Township Solicitor, containing any conditions attached to the approval of the plan and provisions that are reasonably required to guarantee the proper installation of public and private improvements related to the subdivision and/or land development and provisions necessary to indemnify the Township in connection therewith.

B. Said agreement shall be executed, the required performance bond or amenities bond shall be posted and all required fees shall be paid before the Township Manager shall affix his or her signature and the Township's Seal to the final plat for recording purposes.

C. In the event that the development agreement is not executed within the 90 days required for recording of the final plat, or within a reasonable time specified in the development agreement to meet the conditions attached to final approval, whichever is later, approval of the final plat shall expire, unless approval is reinstated as provided for in § 215-34.

§ 215-33 Recording of final plat.

Upon approval of a final plat by the Township, the developer shall, 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 conditions imposed for such approval in accordance with the terms of the development agreement, whichever is later, record such plat in the Office of the Allegheny County Recorder of Deeds.

§ 215-34 Reinstatement of approval.

A. In the event that the plan 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 major 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 have been met and, further, provided the plan is submitted for reinstatement of approval within 180 days following the date of the original final approval by the Board of Commissioners.

B. Any request for reinstatement of final approval which is submitted after 180 days from the date of the original granting of final approval by the Board of Commissioners shall be required to resubmit an application for final approval in conformance with the requirements of §§ 215-25 through 215-35 of this chapter.

§ 215-35 Filing of copies.

Upon recording of the final plat in the office of the 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.