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.
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.
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.
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;
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]
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).
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.
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;
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.