[Ord. 686, 8/12/2015]
This Part shall apply to all subdivisions which propose four
or more lots and to all subdivisions which propose the construction
or improvement of a public street, regardless of the number of lots
proposed. Additional procedures that apply to conservation subdivisions
are set forth in Part 6A.
[Ord. 686, 8/12/2015]
402.1.
Prior to filing an application for preliminary approval, the
applicant or his representative shall meet with the Township Zoning
Officer and other Township officials to obtain application forms and
to discuss application procedures and applicable ordinance requirements.
402.2.
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 Zoning Officer
at least 10 calendar days prior to the regular meeting of the Planning
Commission to request a preapplication conference with the Planning
Commission.
402.3.
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.
402.4.
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, USGS
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
United States Bureau of Mines coal mine maps.
402.5.
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.
[Ord. 686, 8/12/2015]
403.1.
The applicant shall submit 12 copies of an application for preliminary approval required by § 22-404 of this chapter to the Township Zoning Officer 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.
403.2.
The preliminary application shall not be considered to be complete and properly filed unless and until all items required by § 22-404 of this chapter, including the application fee, have been received.
403.3.
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.
403.4.
The Township Zoning Officer shall submit one copy of the complete
and properly filed application to the Allegheny County Department
of Economic Development for review and comment, which shall be subject
to payment of the prevailing county review fee by the applicant. Additional
copies may be referred to any other appropriate review agency at the
discretion of the Township Zoning Officer.
[Ord. 686, 8/12/2015]
404.1.
All Applications. All applications for preliminary approval
of a major subdivision shall include the following:
A.
Twelve copies of the completed application form supplied by the Township.
B.
Application filing fee, as required by § 22-1101.1A of
this chapter.
C.
Proof of proprietary interest.
D.
Written evidence of compliance with all other Township, county, state,
or federal permits required for the plan, if any.
E.
Twelve copies of a preliminary plat, prepared and sealed by a Pennsylvania
registered professional land surveyor, drawn at a scale of not less
than one inch equals 100 feet, all drawings on sheets not exceeding
24 inches by 36 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 shall be 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 and the
deed book and page number and tax parcel identification number of
the parcel to be subdivided.
(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)
A wetlands determination report for all sites which have hydric
soils or soils with hydric inclusions and, if applicable, a wetlands
delineation report for all jurisdictional wetlands on the site and
the design techniques proposed to accommodate them.
(15)
Existing contours shall be shown at not more than five-foot
intervals where the slope is greater than 10% and at not more than
two feet where the slope is less than 10%. Contours shall not be plotted
from the MPC Quadrangle Maps.
(16)
A slope map showing the location and the area (in square feet)
of land which has a slope of 25% or greater.
(17)
Certification by a registered professional geotechnical engineer
regarding the feasibility of any proposed grading on slopes greater
than 25%, the stability of the finished slopes, and measures to mitigate
landslides, soil erosion, sedimentation, stormwater runoff, and potential
impacts on adjacent properties.
(18)
A grading plan, with proposed contours shown at two-foot vertical intervals, and written or graphic evidence that all earthmoving activities shall conform to the Township's Grading and Excavating Regulations [Chapter 9].
(19)
A soils map on which the soils types are plotted and landslide-prone
soils, if any, are clearly identified.
(20)
Existing streets and rights-of-way on or adjoining the site,
including dedicated widths, roadway widths, approximate gradients,
types and widths of pavements, curbs, the authority which has jurisdiction;
i.e., local, county, or state, sidewalks and other pertinent data.
(21)
Existing and proposed easements, locations, widths, and purposes.
(22)
Location, width, and approximate grade of all proposed streets
and the cuts or fills on said streets at fifty-foot intervals.
(23)
The layout of lots (showing scaled dimensions), lot numbers,
and the area of lots in square feet.
(24)
Front building lines.
(25)
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.
(26)
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.
(27)
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.
(28)
Feasibility of proposals for disposition of stormwater and sanitary
waste.
(29)
Proposed private improvements, if any.
(30)
Written or graphic evidence that all plans will conform to the
Infrastructure Improvement and Development Specifications.
(31)
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, 36
P.S. § 670.420, and that the approvals of the Collier Township
Planning Commission and Township Board of Commissioners are conditional,
subject to action of the Pennsylvania Department of Transportation
pursuant to application for a highway occupancy permit.
(32)
Soil erosion and sedimentation control plan and narrative.
F.
In the case of a plan which proposes 25 or more dwelling units, a
traffic study prepared in accordance with § 22-604.1F.
G.
Wherever public improvements are proposed and 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
geotechnical 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.
I.
A written statement requesting any waivers or modifications to this chapter in accordance with Part 10, if applicable.
J.
A written statement identifying any zoning variances which will be
needed or which have been granted to the property by the Zoning Hearing
Board.
[Ord. 686, 8/12/2015]
405.1.
Planning Commission Recommendation.
A.
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.
B.
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.
405.2.
Action by Township Board of Commissioners.
A.
The Township Engineer shall present a written report to the Township
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 Township Board of Commissioners meeting.
B.
Within 90 days of the official date of filing of the preliminary
application, the Township Board of Commissioners shall either approve,
approve with conditions, or disapprove the preliminary application
at a public meeting. The Township Board of Commissioners shall not
act until the review has been received from the Allegheny County Planning
Office 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 Allegheny County
Department of Economic Development, if any, shall be made a part of
the record at that meeting.
C.
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 Township Board of Commissioners. If the preliminary application
is not approved, the Township 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.
405.3.
Conditional Approval. If the Township 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 405.2 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 Township Board of Commissioners at
which preliminary approval is granted. If the applicant rejects any
of the conditions or 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.
405.4.
Deemed Approval. Failure of the Township 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.
405.5.
Expiration of Preliminary Approval.
A.
Preliminary approval shall expire five years from the date of the
grant of preliminary approval by the Township Board of Commissioners,
unless a written extension is submitted by the applicant and approved
by the Township Board of Commissioners. Any request for extension
shall be submitted to the Township 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 Township
Board of Commissioners that such extension is warranted for reasonable
cause and not due to the applicant's own negligence or inaction.
B.
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 Township 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, 53 P.S. § 10508(4).
[Ord. 686, 8/12/2015]
406.1.
After a preliminary application for a major subdivision has been approved by the Township 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 § 22-408.5 of this chapter.
406.2.
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
which are at issue, a new preliminary application shall be required.
406.3.
In either case, the applicant shall submit 12 copies of the final application required by § 22-407 to the Township Zoning Officer 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.
406.4.
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.
406.5.
Additional copies may be referred to any other appropriate review
agency at the discretion of the Township Zoning Officer.
[Ord. 686, 8/12/2015]
407.1.
All applications for final approval of a major subdivision shall
include the following:
A.
Twelve copies of the completed application form supplied by the Township.
B.
Application filing fee, as required by § 22-1101.1A of
this chapter.
C.
One copy of the approved preliminary plat.
D.
Written evidence of compliance with all other applicable Township,
county, state, or federal regulations or permits.
E.
Twelve copies of the final plat, prepared and sealed by a Pennsylvania
registered professional land surveyor, 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 and the
deed book and page number and tax parcel identification number of
the parcel to be subdivided.
(3)
The name, address, signature, license number, 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)
The total area of the subdivision. The area of land dedicated
for street right-of-way purposes. Each lot shall show the 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)
The location and dimensions of all easements for public improvements
and any limitations on such easements.
(11)
Dimensions and bearings of any property to be reserved for public,
semipublic or community use, if any.
(12)
Street names.
(13)
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.
(14)
Street lines with accurate dimensions in feet and hundredths
of feet.
(15)
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, 36
P.S. § 670.420, and that the approvals of the Collier Township
Planning Commission and Township Board of Commissioners are conditional,
subject to action of the Pennsylvania Department of Transportation
pursuant to application for a highway occupancy permit.
(16)
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.
(17)
Location, type, and size of all monuments and lot markers in accordance with the standards and requirements of § 22-801 of this chapter and the Allegheny County Subdivision and Land Development Ordinance and an indication of whether they were found or set.
(18)
Approved soil, erosion, and sedimentation control plan and NPDES
permit, if required.
(19)
Where applicable, evidence of approvals from the Allegheny County
Soil Conservation District, Pennsylvania Department of Environmental
Protection or the United States Army Corps of Engineers and any other
applicable county, state, or federal agency.
(20)
Spaces for the signatures of the Chairman and Secretary of the
Planning Commission, the Chairman and Secretary of the Township Board
of Commissioners, and the Township Engineer, and dates of approval.
(21)
Certification clauses required by the Allegheny County Recorder
of Deeds' office.
F.
Certificate of completion of public improvements in the plan or a performance bond to guarantee proper installation of the public improvements in the plan, as required by § 22-411 of this chapter.
I.
Two copies of construction plans for public improvements, prepared
by a registered professional engineer, drawn on sheets measuring 24
inches by 36 inches, showing the following. All construction drawings
shall be prepared according to accepted engineering practice.
(1)
Conformity with the design standards specified in Part 6 of this chapter and the Infrastructure Improvement and Development Specifications.
(2)
Street plan and profile of 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 sewer pipes shall
show any crossing sanitary sewer lines, water lines, or other utility
lines. 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, or to the limits of
grading, 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 "Y" 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.
J.
Final grading plan which demonstrates compliance with the Township Grading and Excavating Regulations [Chapter 9].
K.
Plans showing compliance with recommendations of the soils report
or wetlands delineation report, if applicable.
L.
Final design of stormwater management facilities and final calculations as required by § 22-908 of this chapter.
M.
Where required by § 22-808 of this chapter, a draft of a deed of dedication of recreation open space and a certificate of title in a form acceptable to the Township Solicitor or a letter of intent for payment of the recreation fee in lieu of the dedication or an agreement for the reservation of private land or agreement to construct a recreational facility.
[Ord. 686, 8/12/2015]
408.1.
Planning Commission Recommendation.
A.
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.
B.
Within 60 days of the official date of filing of the application,
the Planning Commission shall make a recommendation, in writing, to
the Township 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.
408.2.
Action by Township Board of Commissioners.
A.
The Township Engineer shall present a written report to the Township
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 Board of Commissioners meeting.
B.
Within 90 days of the official date of filing of the application,
the Township Board of Commissioners shall either approve, approve
with conditions, or disapprove the final application at a public meeting.
The Planning Commission's written recommendation shall be made a part
of the record at that meeting.
C.
As a condition of the final approval of a major subdivision and before
the required Township signatures and seal are affixed to the subdivision
plan for recording, the deed for the dedication of recreational open
space shall be recorded; or the appropriate fee, as set by resolution
by the Board of Commissioners, shall be deposited in the Recreation
Fees Fund; or an agreement to construct a recreational facility, the
reservation of private land or any combination thereof shall be executed.
D.
The Township shall not require the dedication of recreation open
space nor the fees in lieu thereof unless and until the Township has
formally adopted a Township Recreation and Open Space Study.
E.
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 Township Board of Commissioners. If the final application
is not approved, the Township Board of Commissioners shall specify
the defects found in the final application and cite the requirements
of this chapter which have not been met.
408.3.
Conditional Approval. If the Township 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 408.2 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 § 22-413 of this chapter within 30 days of the date of the meeting of the Township Board of Commissioners at which final approval is granted. If the applicant rejects any of the conditions or 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.
408.4.
Deemed Approval. Failure of the Township 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.
408.5.
Phased Approval.
A.
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.
B.
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 §§ 22-403, 22-404, and 22-405 of this chapter.
[Ord. 686, 8/12/2015]
409.1.
The Township may offer the mediation option as an aid in completing
the proceedings authorized by this chapter. Mediation shall supplement,
not replace, those procedures in this chapter 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.
409.2.
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:
A.
Funding mediation.
B.
Selecting a mediator who, at a minimum, shall have a working knowledge
of municipal zoning and subdivision procedures and demonstrated skills
in mediation.
C.
Completing mediation, including time limits for such completion.
D.
Suspending time limits otherwise authorized in this chapter or in
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., provided there is written consent by the mediating parties,
and by the applicant or Township Board of Commissioners, if either
is not a party to the mediation.
E.
Identifying all parties and affording them the opportunity to participate.
F.
Subject to legal restraints, determining whether some or all of the
mediation sessions shall be open or closed to the public.
(1)
Assuring that mediated solutions are in writing and signed by
the parties and become subject to review and approval by the Township
Board of Commissioners pursuant to the procedures for approval set
forth in this Part.
G.
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.
[Ord. 686, 8/12/2015]
When requested by the developer, in order to facilitate financing,
the Township 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 Township Board of Commissioners.
Such extension shall not be unreasonably withheld and shall be placed
in writing at the request of the developer.
[Ord. 686, 8/12/2015]
411.1.
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. The surety company or lending institution
holding the performance bond shall notify the Township Zoning Officer
by certified mail at least 30 days prior to the expiration of the
performance bond.
411.2.
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 of 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 section.
411.3.
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.
411.4.
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.
[Ord. 686, 8/12/2015]
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 § 22-411 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 § 22-411.
[Ord. 686, 8/12/2015]
413.1.
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 Township 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.
413.2.
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 Zoning Officer shall affix his or her signature
and the Township's Seal to the final plat for recording purposes.
[Ord. 686, 8/12/2015]
414.1.
Upon approval of a final plat by the Township, the developer
shall, within 90 days of such final approval, record such plat in
the office of the Allegheny County Recorder of Deeds.
[Ord. 686, 8/12/2015]
415.1.
In the event that the plan has not been recorded within the
required 90 days, the Township Zoning Officer 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 Township Board of Commissioners.
415.2.
Any request for reinstatement of final approval which is submitted after 180 days from the date of the original granting of final approval by Township Board of Commissioners shall be required to resubmit an application for final approval in conformance with the requirements of §§ 22-406 through 22-416 of this chapter.
[Ord. 686, 8/12/2015]
Within 90 days of the date of recording of the final plat in
the office of the Allegheny County Recorder of Deeds, the applicant
shall deliver to the Township Zoning Officer one Mylar print and one
electronic copy on State Plane Coordinates in AutoCAD or similar format
on CD of the final plat as recorded, containing all required signatures
and dates of approval.
