A.
This article shall apply to the following:
(1)
The improvement of one lot for one nonresidential
building, regardless of the number of tenants.
(2)
Any change of use, addition to or structural enlargement
of a nonresidential principal structure which results in either:
(a)
An increase in the gross floor area of the principal
building of 2,000 square feet or more;
(b)
An increase in the paved area of the lot of
2,000 square feet or more; or
(c)
An increase in the gross floor area of the principal
building and the paved area of the lot which, in combination, totals
2,000 square feet or more.
(3)
The addition of any accessory building on a lot or
lots subordinate to any existing nonresidential building if the accessory
building has a gross floor area of 2,000 square feet or more.
(4)
The division or allocation of land or space among
two or more occupants by leasehold or condominium.
B.
Exclusions.
(1)
This article shall not apply to the following:
(a)
Improvement of one lot for a single-family or
a two-family dwelling.
(b)
Improvement of one lot for one multifamily building.
(c)
The conversion of an existing single-family
or two-family dwelling into not more than three dwelling units, unless
such units are intended to be a condominium.
(d)
The addition of any accessory building, on a
lot or lots which is subordinate to any existing residential or agricultural
principal building and used for the same purpose as the residential
or agricultural principal building.
(e)
The addition of any accessory building on a
lot or lots subordinate to any existing nonresidential building if
the accessory building has a gross floor area of less than 2,000 square
feet; or
(f)
Any change of use, addition to or structural
enlargement of a nonresidential principal structure which results
in either:
[1]
An increase in the gross floor area of the principal
building of less than 2,000 square feet;
[2]
An increase in the paved area of the lot of
less than 2,000 square feet; or
[3]
An increase in the gross floor area of the principal
building and the paved area of the lot which, in combination, totals
less than 2,000 square feet.
(2)
The foregoing excluded land developments shall be
subject to review by the Code Enforcement Officer in accordance with
all applicable provisions of the Township Zoning Ordinance.
A.
Prior to filing an application for preliminary approval
of a land development, 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
filling of any application for approval of a land development, shall
not bind the Planning Commission to approve any concept presented
in the preapplication conference and shall not protect the application
from any subsequent changes in ordinance provisions which may affect
the proposed development between the date of the preapplication conference
and the official date of filing of an application for preliminary
approval of a land development under the terms of this chapter.
A.
The applicant shall submit 10 copies of an application for preliminary approval of a land development required by § 215-39 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 § 215-39 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's 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.
The application for preliminary approval of a land development shall be submitted in accordance with § 215-38 of this chapter and shall include the following information:
A.
Ten copies of the completed application form supplied
by the Township.
C.
Written evidence of ownership or proprietary interest.
D.
Executed agent authorization form supplied by the
Township.
E.
Written evidence that the application has been submitted
to the Allegheny County Conservation District for review.
F.
Written evidence from the water company and the Municipal
Authority that indicates whether service is available for the proposed
plan.
G.
Written evidence of compliance with all other Township,
county, state or federal permits required for the plan, if any.
H.
If the proposed use is a conditional use or use by
special exception, an application for approval of the conditional
use or use by special exception shall accompany the application for
preliminary approval of the land development. Preliminary approval
of the land development shall not be granted unless the conditional
use or use by special exception is approved prior to or concurrent
with the preliminary land development plan.
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.
Ten copies of a preliminary plat, folded and accurately
drawn to a scale of not less than one inch equals 50 feet on a survey
prepared by a Pennsylvania registered land surveyor. The preliminary
plat shall include or be accompanied by the following information:
(1)
Date of preparation. All revisions shall be noted
and dated.
(2)
A location map showing the location of the tract with
reference to the surrounding properties, existing streets and streams
within 1,000 feet of the land development.
(3)
Name of the development, including the words "Preliminary
Land Development Plan"; North arrow; graphic scale; County Assessment
Map and Parcel Number; the name and address of the record owner; the
name and address of the applicant; the name and address, license number
and seal of the person preparing the survey. If the owner of the premises
is a corporation, the name and address of the president and secretary
shall be submitted on the application.
(4)
All distances shall be in feet and 0.01 of a foot
and all bearings shall be given to the nearest second.
(5)
The zoning district in which the parcel is located,
together with the zoning classification of properties within 200 feet
of the boundaries of the property for which the application is made.
(6)
Survey data showing boundaries of the property, building
or setback lines and lines of existing and proposed streets, lots,
reservations, easements and areas dedicated to public use, including
grants, restrictions and rights-of-way, to be prepared by a licensed
land surveyor. The name, address, signature and seal of the surveyor
shall be indicated.
(7)
A copy of any existing or proposed covenants, deed
restrictions, which are applicable to the property.
(8)
A written statement requesting any waivers or modifications to this chapter in accordance with Article IX, if applicable.
(9)
A written statement identifying any zoning variances
which will be needed or which have been granted to the property by
the Zoning Hearing Board.
(10)
The distance, measured along the right-of-way
lines of existing streets abutting the property, to the nearest intersections
with other public streets within 200 feet of the site boundaries.
(11)
The location and dimensions of proposed buildings
and structures, all accessory structures and fences, if any, including
front, side and rear yard setbacks, height of buildings, first floor
elevations of all structures and floor plans of buildings.
(12)
If applicable, flood hazard zone boundaries,
as identified on the current Official Map for the Township issued
by the Federal Insurance Administration.
(13)
Existing and proposed contours, referred to
United States Coast and Geodetic Survey datum, with a contour interval
of two feet for slopes of less than 10% and an interval of five feet
for slopes of 10% or more. Existing contours are to be indicated by
dashed lines and proposed contours are to be indicated by solid lines.
(14)
Designation of areas with slopes in excess of
40% and slopes in excess of 25% but not more than 40%
(15)
Location of existing rock outcrops, high points,
watercourses, depressions, ponds, marshes, wooded areas and other
significant existing features, including previous flood elevations
of watercourses, ponds and marsh areas as determined by survey.
(16)
Identification of any wetlands on the site and
the design techniques proposed to accommodate them.
(17)
Any and all existing streets related to the
proposed development; including the names, cartway widths, approximate
gradients and sidewalk widths.
(18)
If any new streets are proposed, profiles, indicating
grading; cross sections showing the width and design of roadways and
sidewalks.
(19)
Area, to the nearest thousandth of an acre of
the site to be developed for nonresidential purposes and/or the area,
in square feet, of each lot to be developed for residential purposes.
(20)
Plans of proposed stormwater systems showing
feasible connections to existing or any proposed utility systems.
All stormwater facility plans shall be accompanied by a separate sketch
showing all existing drainage within 500 feet of any boundary, and
all areas and any other surface area contributing to the calculations,
and showing methods to be used in the drainage calculations.
(22)
The location and size of all existing sanitary
sewers and the location and size of all proposed sanitary sewers.
(23)
The location and size of all existing and proposed
waterlines, valves and hydrants.
(24)
The location, width and purpose of all existing
and proposed easements and rights-of-way.
(25)
The location, type and approximate size of existing
utilities to serve the development and written verification from each
utility that service will be provided to the development.
(26)
Tree masses as shown on a dated aerial photograph
or digitized map representing conditions on the site within the previous
three to five years and an indication of which masses are proposed
to be preserved, if any. In the absence of current aerial photographs
or digitized maps, a site survey shall be conducted to measure and
locate tree masses containing specimens having a caliper of four inches
or greater.
(27)
A soil erosion and sedimentation control plan
prepared by a person trained and experienced in control methods and
techniques which conforms to the requirements of the Pennsylvania
Clean Streams Law[1] and Ordinance 102 of the Rules and Regulations of the
Pennsylvania Department of Environmental Protection governing erosion
control.
[1]
Editor's Note: See 35 P.S. § 691.1
et seq.
(28)
The number and density of dwelling units (if
residential).
(29)
All means of vehicular access for ingress and
egress to and from the site onto public streets, showing the size
and location of internal streets or driveways and curb cuts including
the organization of traffic channels, acceleration and deceleration
lanes, additional width and any other improvements on the site or
along the site's street frontage necessary to prevent a difficult
traffic situation. All pedestrian walkways and provisions for handicapped
facilities in compliance with the requirements of the Americans with
Disabilities Act (ADA) for an accessible site shall also be shown.
(30)
Computation of the number of parking spaces
to be provided, the location and design of off-street parking areas
and loading areas showing size and location of bays, aisles and barriers
and the proposed direction of movement.
(31)
Tabulation of site data, indicating zoning requirements
applicable to the site and whether the proposed site development features
comply.
(32)
Proposed screening and landscaping, including
a preliminary planting plan on a separate drawing prepared and sealed
by a registered landscape architect.
(33)
A site lighting plan showing details of all
exterior lighting fixtures and supports; the location of exterior
lighting fixtures proposed to light the buildings, parking areas,
sidewalks and any other areas proposed for public use; documentation
that the proposed lighting will be shielded and reflected away from
adjacent streets and residential properties; a photometric plan.
(34)
The methods, placement and screening of solid
waste disposal and storage facilities.
(35)
If applicable, a detailed proposal, including
covenants, agreements, or other specific documents showing the ownership
and method of assuring perpetual maintenance to be applied to those
areas which are to be used for recreational or other common purposes.
(36)
If the plan is to be completed in phases, the
proposed sequence of development with projected time schedule for
completion of each of the several phases.
(37)
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.
(38)
Spaces for the signature of the Chairman and
Secretary of the Planning Commission; the President and Secretary
of the Board of Commissioners; the Township Engineer; and dates of
approval.
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 make a recommendation
to the Board of Commissioners for 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's
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 Council 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 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 report of 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 sent to the applicant by regular mail 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 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)
If an application for final approval of a land development,
or in the case of a phased development, an application for the first
phase of the land development is not submitted within one year from
the date of the grant of preliminary approval by the Board of Commissioners,
preliminary approval shall expire, unless a written request for an
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 a 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.
The applicant shall submit 10 copies of the application for final approval required by § 215-42 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 final application shall not be considered to be complete and properly filed unless and until all items required by § 215-42 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 Manager 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.
Additional copies may be referred to any other appropriate review
agency at the discretion of the Township Manager.
D.
The Township staff will perform a completeness review.
If the application is found to be incomplete, a written notice shall
be provided to the applicant, indicating the deficiencies in the application
and citing the specific sections of this chapter that have not been
met. Incomplete applications shall not be placed on the Planning Commission
agenda for official review, however, if the applicant addresses the
deficiencies noted in the completeness review and submits a revised
application by the time deadline stated in the Township's completeness
review, the application shall be placed on the Planning Commission
agenda.
E.
In the event that the applicant fails to submit the
revised application within the time specified or the revised application
fails to adequately address the deficiencies cited in the completeness
review, the application shall be resubmitted for consideration at
the regular meeting of the Planning Commission in the month immediately
following.
F.
In all cases, the official date of filing of the 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 land
development 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.
Ten copies of a final plat, folded and drawn at a
scale of not less than one inch equals 100 feet. The final plat shall
show or be accompanied by the following information:
(1)
Date, name and location of the land development, the
name of the owner, graphic scale and the words "Final Land Development
Plan."
(2)
Tract boundary lines, right-of-way lines of streets,
street names, easements and other rights-of-way, land reserved or
dedicated to public use, all lot lines and other boundary lines; with
accurate dimensions, bearing or deflection angles, and radii, arcs
and central angles of curves; and the area of each lot.
(3)
The names, exact location and widths of all existing
and recorded streets intersecting or paralleling the plot boundaries
within a distance of 200 feet or the next nearest intersection.
(4)
The purpose, location and dimensions of any easement
or land reserved for or dedicated to public use shall be designated.
(5)
Lot and block numbers assigned to the property by
the County Assessment Office, including lot and block numbers of immediately
abutting property.
(6)
Certification by the applicant's surveyor as to accuracy
of details of plat. The error of closure shall not be less than one
in 10,000.
(7)
Dates of preparation and dates of all revisions to
the plan.
(8)
Name of the registered architect, landscape architect
or professional engineer who prepared the plan.
(9)
Evidence of required permits from applicable federal,
state and county agencies.
(10)
Certification of service from all applicable
utility companies.
(11)
A design view of the front, side and rear elevations
of the proposed structures.
(12)
Location, height and use of all existing and
proposed structures on the property, indicating structures to be removed,
if any, and the distances between proposed structures or additions
to existing structures and adjacent property lines.
(13)
A final site lighting plan that shows compliance
with the approved preliminary plan.
(14)
Layout and design of proposed parking and loading
areas, including the gradient of proposed driveways and parking facilities
and the proposed pattern of traffic circulation on the site, including
pavement markings, islands, curbs, bumper guards and similar facilities.
(15)
Sidewalks or walkways, if any, proposed for
pedestrian circulation on the site.
(16)
The type of paving material to be used for all
sidewalks, walkways, driveways and parking facilities.
(17)
A final landscaping plan on a separate drawing,
prepared and sealed by a registered landscape architect, showing the
type, size and location of any plant material proposed and all areas
proposed to be seeded and the parties responsible for future maintenance.
(18)
Conservation easements, if any are required
to preserve existing natural vegetation.
(19)
Construction materials of all fences, walls
or screens.
(20)
A final grading plan, including erosion and
sedimentation control measures.
(21)
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.
(22)
If applicable, an N.P.D.E.S. permit obtained
from the Allegheny County Conservation District.
(23)
If applicable, final stormwater management calculations and construction drawings for stormwater management facilities as required by § 215-78 of this chapter.
(24)
Storm drainage plan, including location, pipe
size, grade, direction of flow, capacity and material of all storm
sewers and connections to existing systems; location and invert and
other elevations of all catch basins, manholes, culverts and other
appurtenances; location and width of all storm drainage easements;
and location of surface swales, if any.
(25)
Written evidence that an amenities bond for private improvements, as required by § 215-46 of this chapter, will be submitted at the time of execution of the development agreement.
(26)
If any public improvements are proposed, written evidence that a performance bond, as required by § 215-30 of this chapter, will be submitted at the time of execution of the development agreement.
(27)
Spaces for signatures of the President and Secretary
of the Board of Commissioners; the Chairman and Secretary of the Planning
Commission; the Township Engineer; and dates of 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 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
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 report of 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 a land development 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 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 §§ 215-38, 215-39 and 215-40 of this chapter.
The Township may offer the mediation option as an aid in completing the proceedings authorized by this article in accordance with the requirements of § 215-28 of this chapter.
All land developments shall be further subject to the requirements for a development agreement as specified in § 215-32 of this chapter.
All land developments shall be further subject to the requirement for an amenities bond as specified in § 215-31 of this chapter.
Land developments which propose the extension or installation of any public improvements, as defined by this chapter, shall be further subject to §§ 215-30 and 215-32 of this chapter governing posting of a performance bond to guarantee their proper installation and execution of a development agreement.
A land development plan shall not be required
to be recorded in the County Recorder of Deeds Office if the land
development is proposed on a lot or lots of record, unless a declaration
plan is required to be recorded by the Pennsylvania Unit Property
Act for a condominium.[1] Any land development plan which involves the subdivision, resubdivision or consolidation of property or the dedication of easements or rights-of-way for public improvements shall present a final plat for recording purposes with the application for final approval of the land development. The final plat for recording shall be prepared in accordance with the requirements of § 215-13 of this chapter for a minor subdivision.
[1]
Editor's Note: See 68 Pa C.S.A. § 3101
et seq.
Whether or not the land development is required
to be recorded, the applicant shall deliver to the Township one Mylar
and one paper print of the approved final plat containing the required
signatures and date of approval. 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.
A.
Failure to execute development agreement and post amenities bond. If the amenities bond required by § 215-46 and/or the development agreement required by § 215-45 have not been submitted to the Township within 90 days of the date of the meeting at which the Board of Commissioners granted final approval to the land development plan, final approval shall expire automatically, unless final approval is reinstated in accordance with § 215-51 of this chapter.
B.
Failure to initiate and pursue construction. If construction of a land development which has been granted final approval, and for which a development agreement and amenities bond have been submitted, is not initiated and diligently pursued within one year of the date of final approval, final approval shall expire immediately; provided, however, that the Board of Commissioners may grant a reasonable extension, if the developer presents satisfactory evidence that difficulties have prevented the work from being initiated and/or diligently pursued and the request for an extension is submitted, in writing, prior to the date of expiration of the approval. The Township Manager shall give written notice to the applicant within 30 days of the date of expiration of final approval. Any construction which occurs after notice from the Township Manager shall constitute a violation of this chapter and shall be subject to the enforcement remedies of § 215-94.
A.
In the event that final approval of the land development plan has expired for failure to execute the development agreement and/or post the required amenities bond, as provided for in § 215-50A of this chapter, 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 land development plan previously granted final approval and all the requirements of this chapter regarding posting of a performance bond or amenities bond and execution of a development agreement, if required, are subsequently met and, further, provided the plan is submitted for reinstatement of approval within 180 days following the date of the meeting at which final approval was granted by the Board of Commissioners.
B.
Any request for reinstatement of final approval which is submitted after 180 days from the date of the meeting at which final approval was granted by the Board of Commissioners shall be required to resubmit an application for preliminary and final approval in conformance with the requirements of §§ 215-38 through 215-49 of this chapter.