There are three types of approvals that regulate lot revisions,
lot consolidations, subdivisions and land development:
Applicants are required to apply for and receive a simple subdivision
approval from the Township in accordance with the following criteria:
Applicants are required to apply for and receive a minor land
development approval from the Township in accordance with the following
criteria:
C.
Recommendations and approvals.
(1)
The Planning Commission shall make recommendations to the Board
of Supervisors regarding minor subdivision and/or land development
applications.
(2)
The Board of Supervisors shall be responsible for approving or denying minor subdivisions and/or land developments. When necessary for the protection of public welfare, persons and property, the Board of Supervisors may conditionally approve an application subject to compliance with provisions and standards defined in this chapter, Chapter 250, Zoning, and any additional Township requirements. The conditions of approval shall be specified, in writing, in the notice of approval.
D.
Conferences. An informal conference with Township staff is suggested
prior to the submission of a final application.
Applicants are required to apply for and receive a major subdivision
and/or land development approval from the Township in accordance with
the following criteria:
C.
Recommendations and approvals.
(1)
The Planning Commission shall make recommendations to the Board
of Supervisors regarding preliminary and final plans for major subdivisions
and/or land developments.
(2)
The Board of Supervisors shall be responsible for approving or denying preliminary and final plans for major subdivisions and/or land developments. When necessary for the protection of public welfare, persons and property, the Board of Supervisors may conditionally approve a major subdivision and/or land development subject to compliance with the provisions and standards defined in this chapter, Chapter 250, Zoning, and any additional Township requirements. The conditions of approval shall be specified, in writing, in the notice of approval.
A.
Preliminary procedure. Prospective subdividers and developers are
strongly urged to discuss possible development sites with the Planning
Commission prior to submission of a preliminary plan by getting on
the Commission's work meeting agenda. A sketch plan shall be
presented for review not less than 10 days prior to the regular meeting
of the Planning Commission at which it is to be considered. Submission
of a sketch plan will not constitute a formal filing of a subdivision
or land development plan with the Planning Commission. Prospective
subdividers and developers shall obtain a summary action checklist
from the Township Zoning Officer or Manager.
B.
Preliminary plan.
(1)
Submission of preliminary plans (major subdivision and/or land
development).
(a)
Preliminary plans and application fees shall be submitted to the Township Manager at least 20 working days in advance of the Planning Commission's regular meeting. The official filing date shall be in accordance with § 223-11D.
(b)
The preliminary plan and the application form shall be submitted
to the Township Manager. All information and procedures relating thereto
shall in all respects be in compliance with the applicable provisions
of this chapter. It is the responsibility of the subdivider or developer
to coordinate his plans with the respective private and public service
agencies.
(c)
The application form shall be accompanied by the requisite fee as set forth in § 223-12 and by not fewer than five copies of all required material and not fewer than five prints of the preliminary plan of the subdivision or development as required by current Township resolution. A copy of the site plan in CAD format (.dxf) and .PDF shall be submitted.
(d)
The Township Manager shall forward one copy of the preliminary
plan prints and one copy of the required material to the Westmoreland
County Conservation District.
(e)
Documented approval of a sewage facilities planning module for
land development by the Pennsylvania Department of Environmental Protection
or a PADEP Form B waiver shall be a part of the requisite materials
accompanying the final plan submission.
(2)
Review of preliminary plans.
(a)
The Planning Commission will determine if the plan meets the
standards set forth in this chapter.
(b)
The Board of Supervisors of Allegheny Township, following a recommendation by the Planning Commission, may grant a modification of the requirements of one or more provisions of the subdivision and land development regulations of this Chapter 223 if the literal enforcement of such regulations will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and further provided that the purpose and intent of the chapter are observed. All requests for such modification shall be in writing and shall accompany and be part of the application for subdivision and/or land development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the specific provision or provisions of the chapter involved and the minimum modification necessary.
(c)
In making its decision, the Planning Commission shall consider the recommendations of the Township Engineer, Zoning Officer, Solicitor, interested residents and the recommendations of any agency or agencies from which a review was requested under Subsection B(1)(d) of this section.
(d)
Upon recommendation by the Planning Commission, the Board of
Supervisors will act on the preliminary plan within 90 days of the
official filing date or the plan is deemed approved. Extension may
be requested by the developer in accordance with the Municipalities
Planning Code.
(e)
The Board of Supervisors shall notify the applicant of its decision
to approve, approve with conditions or disapprove the preliminary
plan in writing. Such notice shall be given to the applicant in person
or mailed to him at his last known address not later than 15 days
following the decision. If the plan is not approved as submitted,
the Board of Supervisors shall specify in the notice the conditions
which must be met and/or the defects found in the plan and the requirements
which have not been met, including specific reference to provisions
of any statute or ordinance which have not been fulfilled.
[1]
If a preliminary plan is approved subject to conditions, the
applicant, within 30 days after the date of the notice of decision,
shall notify the Board of Supervisors in writing whether he accepts
or refuses to accept all of the conditions which have been imposed.
[2]
If, within the required thirty-day time period, the applicant
either notifies the Board of Supervisors that he refuses to accept
all of said conditions or fails to give notice of acceptance or rejection
of all of said conditions, the Board of Supervisors shall be deemed
to have denied approval to the preliminary plan.
(f)
Approval of the preliminary plan shall constitute approval of
the subdivision or land development as to the arrangement and approximate
dimensions of streets, lots and other planned features. The approval
binds the subdivider or developer to the general scheme of the subdivision
shown, unless a revised preliminary plan is submitted and permits
the subdivider to proceed with final detailed design of improvements,
to arrange with the Board of Supervisors for a guarantee to cover
installation of the improvements and to prepare the final plan. Approval
of the preliminary plan does not authorize the sale of lots nor the
recording of the preliminary plan. The Township may require a preliminary
plan and shall require a final plan.
(g)
In cases where the subdivision or land development adjoins an
existing or proposed state highway or has proposed streets entering
onto state highways, the Township shall submit the plans to the Pennsylvania
Department of Transportation for review.
(3)
Resubmission of preliminary plans. A revised plan submitted
after disapproval shall be considered and processed as a new plan
submission.
C.
Final plan (all subdivision/land development).
(1)
Submission of final plans.
(a)
For a major subdivision and/or land development, a final plan
shall only be submitted to the Township Manager following receipt
of official notification from the Board of Supervisors that the preliminary
plan has been approved, in accordance with the provisions of Section
508 of the Pennsylvania Municipalities Planning Code[1] and § 223-19 of this chapter.
[1]
Editor's Note: See 53 P.S. § 10508.
(b)
For a simple subdivision or minor subdivision and/or land development,
a final plan shall be submitted to the Township Manager.
(c)
Land development plans will be subject to final plan approval
only if the land development will change a plan previously recorded
in the Recorder's office, such as by addition, deletion or modification
of a road to be dedicated to the Township, or otherwise.
(d)
For a major subdivision and/or land development, the final plan
shall conform in all respects to the approved preliminary plan. If
it does not, the plan submitted shall be considered as a revised preliminary
plan and shall be presented to the Planning Commission for review
and recommendation as a preliminary plan.
(e)
The subdivider or developer must submit with the final plan
a guarantee for the installation of improvements which meets the requirements
of this chapter and a development agreement, both of which are acceptable
to the Board of Supervisors.
(f)
The application form shall be accompanied by the requisite inspection
and engineering fees defined by the Township.
(g)
The subdivider or developer shall submit a reproducible original
of the plans, five prints of the final subdivision or land development
plans and at least five copies of all other required information.
(h)
The applicant shall present the above-required material to the
Planning Commission. The Planning Commission Secretary shall forward
one copy of the plan and one copy of all other material to the County
Conservation District and to the County Planning Commission for review
and comment and copies to such other agencies whose recommendations
would be pertinent to the processing of the plan. A copy of the site
plan in CAD format (.dxf) and .PDF shall be submitted.
(2)
Review of final plans.
(a)
The Planning Commission will review the plan and requisite materials
for compliance with the approved preliminary plan and for conformance
with the requirements of this chapter.
(b)
The Planning Commission shall act on simple subdivisions.
(c)
In making its recommendation for minor and major subdivisions and/or land development, the Planning Commission shall consider the comments of the Engineer, the County Planning Commission, the County Conservation District, PennDOT and the recommendations of any agency or agencies from which a review was requested under Subsection C(1)(h).
(d)
The Board of Supervisors will not take official action to approve the final plan unless it is accompanied by a guarantee for the installation of improvements which meet the requirements of Article VII and a development agreement, both of which are acceptable to the Board of Supervisors.
(e)
The Board of Supervisors and the Planning Commission shall take
action within 90 calendar days from the official filing date of the
final plan. Failure to do so shall be deemed an approval.
(f)
The Board of Supervisors shall notify the applicant in writing
of its decision to approve, approve with conditions acceptable to
the developer and accepted by him in writing or disapprove the final
plan. Such notice shall be given to the applicant in person or mailed
to him at his last known address not later than 15 days following
the decision.
[1]
If a final plan is approved subject to conditions, the applicant,
within 30 days after the date of the notice of decision, shall notify
the Board of Supervisors in writing whether he accepts or refuses
to accept all of the conditions which have been imposed.
[2]
If, within the required thirty-day time period, the applicant
fails to notify the Board of Supervisors of the acceptance or rejection
of all of said conditions, the Board of Supervisors shall be deemed
to have denied approval to the final plan.
(g)
If the final plan is approved subject to conditions, the Board
of Supervisors shall not endorse the plan until all of the conditions
have been met.
(h)
If the Board of Supervisors approves the final plan or grants
a conditional approval, it shall set the amount of bonding or other
security necessary to guarantee the construction of improvements and
community facilities and shall state such amounts in the notice to
the applicant.
(3)
Resubmission of final plans. A revised plan submitted after
disapproval shall be considered and processed as a new plan subdivision.
(4)
Recording of final plans.
(a)
Upon approval of the final plan, the subdivider or developer
shall prepare one transparent reproduction of the original final plan
on stable plastic base film and no less than four prints thereof which
shall be submitted to the Township not later than 30 days after approval.
These plans, upon satisfaction of all conditions attached to the approval,
will be signed by the Board of Supervisors and the Planning Commission.
A copy of the signed final plan shall be recorded in the office of
the County Recorder of Deeds, by the applicant, within 90 days after
approval of the final plan. The final plan must be recorded before
proceeding with the sale of lots or construction of buildings.
(b)
Recording the final plan shall be an irrevocable offer to dedicate
all streets and other public ways to public use and to dedicate or
reserve all park reservations and other public areas to public use
unless reserved by the subdivider as hereinafter provided. The approval
of the final plan shall not impose any duty upon the Board of Supervisors
or Township concerning maintenance or improvements by ordinance or
resolution.
(c)
The subdivider shall place a notation on the final plan if there
is no offer of dedication to the public of streets and certain designated
public areas, in which event the title to such areas shall remain
with the owner and the Township shall assume no responsibility for
improvement or maintenance thereof, which fact shall be noted on the
final plan.
