A.
The regulations in this article are intended to assure that adequate
information is submitted to permit the Township to undertake a thorough
review of each proposal as related to the development, transportation,
environment and other aspects of an application.
B.
Any landowner or developer of land within the Township desiring approval
of a subdivision or land development application shall comply with
the following procedures.
C.
Any application for a subdivision or a boundary survey for a plan
of development, or any revisions of approved plans that have not been
recorded, shall be considered as new applications and shall be required
to comply with all requirements of this chapter, unless the applicant
requests and receives a modification of any requirements from the
Township Board of Commissioners pursuant to this chapter.
D.
Any application for resubdivision or revision that is limited to
a survey correction may be approved without review by the governing
body, provided no changes have been made to the Zoning Ordinance or
SALDO. The application should be accompanied by a statement from a
professional engineer that the plan has not been altered from the
original.
E.
All applications shall reflect the contents for submission reflected
on Table 1: Subdivision and/or Land Development Submission Requirements.[1] Completion and timing of staff and county reviews shall
occur in accordance with applicable law. The Zoning Officer may call
on staff for review of submissions at any time during the review process.
[1]
Editor's Note: Said table is included as an attachment
to this chapter.
F.
All applications shall be in accordance with the Allegheny County
Subdivision and Land Development Ordinance §§ 780-101,
780-103, 780-305 and 780-306, as applicable to or containing relevant
information to the subdivision and/or land development. Plans shall
also be prepared in accordance with the applicable appendices of the
Allegheny County Subdivision and Land Development Ordinance.
G.
All applications shall include any additional information that is
required by the Planning Commission, Township Board of Commissioners,
Zoning Officer, or Township Engineer to comply with the intent of
this chapter.
I.
See also applicable approval process diagrams available on file at
the Township Administrative Office.
A.
Three types of approvals regulate lot revisions, lot consolidations,
subdivisions and land development. See Table 1: Subdivision and/or
Land Development Submission Requirements,[1] for the applicability of each approval type. The three
approvals include:
(1)
Simple subdivision.
(2)
Minor subdivision and/or land development.
(3)
Major subdivision and/or land development.
[1]
Editor's Note: Said table is included as an attachment
to this chapter.
A.
Applicants are required to apply for and receive a simple subdivision
approval from the Township in accordance with the following.
(1)
Recommendations and approvals.
(b)
The Township staff shall review and forward an application to
the Planning Commission regarding simple subdivision. Township staff
comments resulting from said review shall accompany the application
forwarded.
(c)
The Planning Commission shall recommend application approval,
approval subject to conditions, or denial to the Township Board of
Commissioners regarding simple subdivision.
(2)
Conferences. A preapplication conference with the Township is highly
recommended prior to the submission of a final plan application.
(3)
Applicants are required to provide an escrow fee for plan review
and legal opinion of the Township Solicitor.
A.
Applicants are required to apply for and receive a minor land development
approval from the Township in accordance with the following criteria:
(1)
Recommendations and approvals.
(b)
The Township staff shall review and forward an application to
the Planning Commission regarding minor land development. Township
staff comments resulting from said review shall accompany the application
forwarded.
(c)
The Planning Commission shall recommend application approval,
approval subject to conditions, or denial to the Township Board of
Commissioners regarding minor subdivision and/or land development.
(d)
The Township Board of Commissioners shall be responsible for
approving or denying minor land developments.
(2)
Conferences. A preapplication conference is highly recommended with
the Township prior to the submission of a final application.
(3)
Applicants are required to provide an escrow fee for plan review
and legal opinion of the Township Solicitor.
A.
Applicants are required to apply for and receive both preliminary
and final approval for a major land development approval from the
Township in accordance with the following criteria:
(1)
Recommendations and approvals.
(b)
The Township staff shall review and forward the application
to the Planning Commission regarding major land development. Township
staff comments resulting from said review shall accompany the application
forwarded.
(c)
The Planning Commission shall recommend application approval,
approval subject to conditions, or denial to the Township Board of
Commissioners regarding major subdivision and/or land development.
(d)
The Township Board of Commissioners shall be responsible for
approving or denying major land developments, whether preliminary
or final.
(2)
Conferences. A preapplication conference is highly recommended with
the Township prior to the submission of a plan application.
(3)
Applicants are required to provide an escrow fee for plan review
and legal opinion of the Township Solicitor.
A.
A voluntary preapplication conference with the Township is highly
recommended prior to the submission of a preliminary plan application.
The conference requires no formal application or fee.
B.
Any materials submitted for a preapplication conference shall not
be considered as a part of an application for preliminary or final
review. These opportunities are afforded to the applicant to obtain
information and guidance before entering into binding commitments
or incurring substantial expenses for plan preparation.
A.
As part of the preapplication conference, a subdivision and/or land
development sketch plan may be submitted by an applicant as a basis
for informal discussion with the Township.
B.
If an applicant chooses to submit a sketch plan, sufficient information
should be provided on the sketch plan to clearly indicate the character
and extent of the proposed subdivision or land development and its
relationship to existing natural features and public facilities within
the area in which the land is situated. Such submission should include
a concept establishing the location of the development, proposed circulation,
open space, and any other features pertinent to the development. The
base information illustrated on the sketch plan is recommended to
be at scale.
A.
Preliminary plan applications shall be prepared in conformance with
the provisions of this article and any other applicable requirements
of Township law. The preliminary plan application shall not be considered
to be complete and properly filed unless and until all items required
have been submitted and confirmed by the Zoning Officer. The Township
shall check the plans, documents and fees to determine if they are
in proper form and contain all the information. If defective, the
application will be returned to the applicant with a statement that
the application is incomplete within 10 working days; otherwise, the
application shall be deemed filed as of the submission date. Acceptance
shall not constitute a waiver of any deficiencies.
A.
A preliminary plan application shall demonstrate conformance with
the design standard requirements of this chapter. All preliminary
plan applications shall include the Township application form plus
any additional information, copies and fees as required by the Township.
B.
A minimum of 10 copies of the preliminary plan application with a
minimum of three sets shall be 24 inches by 36 inches. One electronic
file in PDF file format and one electronic file in a file format acceptable
to the Township shall be submitted of all plans, maps, and drawings.
All items shall be submitted 25 days prior to a scheduled Planning
Commission meeting for Township staff review and recommendation.
C.
Filing/review fee. (See schedule available at Township office.) The
fee shall be submitted in the form of a check or money order payable
to Shaler Township.
(1)
Review fees shall include the reasonable and necessary charges by
the Township professional consultants or engineer for review and report
to the Township and shall be set by resolution. Such review fees shall
be reasonable and in accordance with the ordinary and customary charges
by the Township Engineer, but in no event shall be the fees exceed
the rate or cost charged by the engineer or consultant to the Township
when fees are not reimbursed or otherwise imposed on applicants.
A letter of transmittal identifying the proposed activity, the
purpose of the development, lot/block reference(s), date, and any
other pertinent information shall accompany the preliminary plan application.
A.
The preliminary site plan shall have all information required for the survey as described in § 195-30A. The following shall also be provided at the time of submission:
(1)
Intended name of plan or development.
(2)
Date of plan, graphic scale and site location map of plan.
(3)
Name, address and phone number of current land owner(s) and applicant(s).
(4)
Legend. A legend shall be made part of the final site plan. The legend
shall show all pertinent zoning requirements such as, but not limited
to, setback requirements, zoning district, parking requirements, existing
use, any variances required, applied for or granted, etc. This legend
shall be incorporated into the title sheet.
(5)
Name and address of the registered professional who prepared the
site plan with registration number and seal affixed.
(6)
North arrow, properly affixed, and basis of demarcation.
(7)
Graphic scale.
(8)
Legend.
(9)
Existing zoning boundaries on the lot, if any.
(10)
Accurate depiction of all known survey points with description
as to type, location and material.
(11)
Existing lot boundary lines, right-of-way lines or easements
for streets and utilities, and proposed lot lines with accurate dimensions,
bearings or radii and arcs of all corners.
(12)
Post office approved name and legally established right-of-way
width of each existing or proposed street or right-of-way.
(13)
Proposed lot lines shown with a number to identify each proposed
lot on the site and the approximate area (in square feet) of each
lot.
(14)
Location of existing buildings by surveyed distance shown from
structure to front, side or rear lot lines.
(15)
Proposed building front setback lines of all existing or proposed
lots.
(16)
The layout of the proposed lots, with approximate dimensions,
including setback and/or building lines.
(17)
The proposed location of all sanitary sewer and stormwater management
structures.
(18)
A parking plan indicating location of parking area(s), arrangement
of spaces, access lanes and number of cars to be accommodated; the
configuration of proposed building(s) and all other significant planned
facilities.
(19)
If required or provided, location size and general layout of
public areas, open space and recreation areas.
(21)
A description of the soil types located on the lot, delineating
all landslide-prone areas as well as any mined areas.
(22)
Plans shall show existing and proposed building locations and
waivers from the regulations herein established and cite the reasons
for same.
(23)
In addition to the location of proposed buildings, the following
utility lines shall be illustrated: sanitary sewer, storm sewer, water,
gas, petroleum and high-pressure gas lines indicating line size. As
applicable, the following shall also be indicated: manholes, fire
hydrants, utilities and other visible elements in the system on or
adjacent to the lot proposed to be developed.
(24)
Wetlands, streams, floodplains and FEMA designations on the
lot.
(25)
Environmentally sensitive areas on the lot.
(26)
Gas wells on the lot.
(27)
Easements proposed or existing.
(28)
Separate written proof of sewer availability.
(29)
Names of owners of record of adjoining lands.
(30)
Total acreage of the overall tract and, if applicable, each
proposed lot in square feet and acreage to 1/1000 acre.
(31)
Parcel block and lot numbers.
A.
A preliminary grading plan shall be submitted and shall include the
following:
(1)
Written and graphic scale in a form acceptable to the Township and
engineering standards. The preliminary grading plan shall be at a
scale of one inch to 50 feet or larger.
(2)
North arrow.
(3)
The existing contours of the lot(s).
(4)
Proposed contours of the lot(s) after completion of the excavation,
cuts, grading and filling.
(5)
The preliminary grading plan's contour interval shall be as
follows:
(6)
Existing and proposed catch basins, manholes, headwalls and other
drainage structures with top and invert elevations on the applicable
stormwater management plan.
(7)
Existing and proposed buildings, structures, roads, sidewalks, curbs,
parking areas and any other physical improvements.
(8)
Grading within or near a stream bank must be noted.
(9)
Grading within or near a floodplain area must be noted and, if applicable,
the impact the grading will have on the floodplain.
(10)
A surface drainage map showing the impact upon runoff prior
to, during and post grading activities.
(11)
A vegetation plan showing types of existing vegetation existing
on site and areas of proposed removal.
The applicant shall submit a preliminary parking plan demonstrating
how the off-street parking requirements will be met. The preliminary
parking plan shall utilize the preliminary site plan as a background
and shall illustrate all existing and proposed parking for the development.
Parking space counts shall also be provided for each parking area.
The location and design of off-street parking areas showing size and
location of bays, aisles, and barriers and the proposed direction
of movement shall be provided, as well as access points into and out
of the parking areas. The preliminary parking plan shall conform to
the drawing standards as outlined for the preliminary site plan. If
applicable, a shared parking analysis as identified in this chapter
shall be attached to the submission.
The applicant shall submit a preliminary loading plan demonstrating
how loading space requirements will be met, including accessibility.
The preliminary loading plan shall utilize the preliminary site plan
as a background and shall illustrate proposed loading areas for the
development. Parking space counts shall also be provided for each
parking area. The preliminary loading plan shall conform to the drawing
standards as outlined for the preliminary site plan.
A.
Land development plans shall be based on a stormwater management study performed in accordance with the Stormwater Management Ordinance (Chapter 190) of the Code of Shaler Township relating to stormwater management. A copy of said study shall be submitted.
B.
Where applicable, if the Allegheny County Conservation District or the PADEP has reviewed a stormwater management plan in accordance with 25 Pa. Code Chapter 102 regulations that differs from the requirements set forth in the Stormwater Management Ordinance (Chapter 190), the completed and approved documents authorizing the design and discharge together with a written request for modification from the ordinance shall be submitted.
The following table shall be copied and completed to determine
the initial net buildable area of the lot:
|
Table A: Resource Protection Worksheet
| ||||||
|---|---|---|---|---|---|---|
|
Sensitive Existing Conditions
|
Gross Lot/Site Area
(acres)
|
Permitted Disturbance Ratio
|
Net Buildable Area
(acres)
| |||
|
Line 1
|
All floodplains, wetlands, and hydric soils
|
__________ x
|
0.0
|
=
|
0.00
| |
|
Line 2
|
All lakes and waterbodies, and natural drainageways/ streams
|
__________ x
|
0.0
|
=
|
0.00
| |
|
Line 3
|
All springs and vernal pools (including 100 ft. buffer)
|
__________ x
|
0.0
|
=
|
0.00
| |
|
Line 4
|
Colluvial Soils and Red Beds on slopes
|
< 25%
|
__________ x
|
0.4
|
=
|
0.00
|
|
> 25%
|
__________ x
|
0.1
|
=
|
0.00
| ||
|
Line 5
|
Other Areas on slopes 0-25% not calculated as part of Lines
1 through 4 above
|
__________ x
|
1.0
|
=
|
0.00
| |
|
Line 6
|
Other Areas on slopes > 25% but < 40% not calculated as part
of Lines 1 through 4 above
|
__________ x
|
0.4
|
=
|
0.00
| |
|
Line 7
|
Other Area on slopes > 40% not calculated as part of Lines 1
through 4 above
|
__________ x
|
0.1
|
=
|
0.00
| |
|
Line 8
|
Sum of Lines 1+2+3+4+5+6+7
|
0.00
|
0.00
| |||
|
(Total Gross Lot/Site Area)
|
(Total Net Buildable Area)
| |||||
A.
Where applicable, if an exemption from the Sewage Facilities Planning
Module has been requested or granted in accordance with the rules
and regulations of the PADEP, the completed or approved forms shall
be submitted with the application.
B.
Where applicable, a Sewage Facilities Planning Module shall be the
responsibility of the applicant and shall be prepared in accordance
with the rules and regulations of the Pennsylvania Department of Environmental
Protection.
A.
A listing of the necessary approvals and permits that will be required
for the proposed development from the Township, county, commonwealth
or federal agencies shall be submitted.
B.
Approval of the preliminary plan application by the Township Board
of Commissioners may be conditioned upon receipt of approvals from
county, state or federal agencies. Therefore, proof of submission
during the preliminary plan application process is required to avoid
any issues throughout the final plan application process.
C.
Proof of submission of review requests/responses and permit applications
may include, but is not limited to:
(1)
Pennsylvania Department of Transportation highway occupancy permits.
(2)
Pennsylvania Department of Transportation traffic signal permits.
(3)
Pennsylvania Department of Environmental Protection Sewage Facilities
Planning Module (or exemption if applicable).
(4)
Pennsylvania Department of Environmental Protection National Pollutant
Discharge Elimination System permits.
(5)
Pennsylvania Department of Environmental Protection water obstruction
and encroachment permits.
(6)
Pennsylvania Department of Economic Development and/or Federal Emergency
Management Agency floodplain permits.
(7)
Allegheny County Conservation District proof of submission.
(8)
Hampton-Shaler Water Authority proof of submission.
(9)
Include proof that the Pennsylvania Department of Community and Economic
Development, the Federal Insurance Administrator, or other applicable
local/state/federal agency, has been notified whenever any such activity
is proposed that impacts an identified flood-prone area.
(10)
Proof of submission of a Shaler Township zoning request unless
otherwise identified by the Township.
A.
The applicant shall submit an engineering land survey of the lot
certified by a professional land surveyor. The survey shall be at
a scale of not more than one inch equals 100 feet. The plan shall
be drawn in accordance with standard land surveying practices, and
using standard map symbols to clearly indicate the following:
(1)
Name of the proposed project.
(2)
Location map showing the subdivision/land development location within
the boundaries of the Township (including major transportation routes,
title, north arrow and graphic scale).
(3)
Existing lot lines, adjacent lot owners' names, lot and block
numbers and recorded subdivision name with recording information.
(4)
Name, address of current land owner(s), applicant and firm that prepared
the survey.
(5)
The entire existing lot boundary with bearings and distances as surveyed.
(6)
The total acreage of the entire existing land.
(7)
Zoning information legend (to include, but not be limited to: district,
minimum lot size, density, and requirements) showing both required
and proposed conditions.
(8)
Streets abutting the lot, indicating names, right-of-way widths and
cartway widths and ownership (federal, state, county, municipal or
private).
(9)
Existing and proposed easements, indicating location, width, purpose
and lessee.
(10)
Location of existing buildings, sanitary sewer, storm sewer,
water, gas, petroleum and high-pressure gas lines indicating line
size, manholes, fire hydrants, utilities and other visible elements
in the system on or adjacent to the lot proposed to be developed.
(11)
Existing contours at a minimum vertical interval of two feet.
(12)
A description of the lot locating proposed, existing and preexisting
gas and oil wells, location maps, dates of operation, and lease holder(s)
shall be provided.
(13)
Where practical, datum to which contour elevations refer shall
refer to known, established elevations.
(14)
Monument locations.
A copy of the erosion and sedimentation plan as filed with the
Allegheny County Conservation District, including a copy of the transmittal
letter and evidence of Allegheny County Conservation District adequacy
letter, shall be provided. An NPDES authorization letter shall be
provided.
A.
Typical street cross-sections for each proposed street and typical
cross-sections for any existing street that will be improved shall
be provided. Cross-sections shall be drawn to scale, 1/4 inch to one
foot and shall be sealed by a registered engineer or land surveyor.
B.
All street cross-sections shall include all information in accordance
with the Township standards.
The photometrics plan shall describe the maximum illumination
values and average illumination value required. The location and effect
of outdoor lighting on streets and residential lots in the line of
sight of proposed lighting shall be provided by the applicant. A computer-generated
lighting model with point-by-point illumination of all proposed lighting
and areas expected to be illuminated, if applicable, is required.
The lighting model shall include buildings, structures, parking areas
and lot lines and shall be provided at the same scale as the final
site plan.
A.
Building elevations and other architectural drawings shall be provided
for all developments other than single-family residential.
B.
Building elevations and other architectural drawings containing the
following information shall be provided. Elevations and drawings shall
be illustrated to scale (no less than 1/4 inch to one foot) showing:
(1)
Drawings or elevations depicting the front, rear and side facades
of all proposed buildings, including the buildings' architectural
features, exterior building materials, colors and/or finishes.
(2)
The drawings or elevations shall indicate the height of the building
in feet and number of stories and the building's relationship
to the finished grade immediately surrounding the building.
(3)
Spot elevations designating the existing and proposed grading.
A.
A landscape plan shall be provided for all developments other than
single-family residential.
B.
A landscape plan shall be provided in accordance with the Township
Zoning Ordinance[1] and shall contain the following:
(1)
Preliminary site plan as a background.
(2)
Approximate locations and spacing of all proposed plant material
with typical dimensions at maturity by species. Existing vegetation
to remain shall also be illustrated.
(3)
Botanical and common names of all plant species, their sizes and
quantities as noted in a plant schedule and as individual call-outs
on the graphic.
A.
Construction details shall be provided for all construction in accordance
with Township standards. Details shall include, but not be limited
to, utilities, pavement, walls, and landscaping.
A.
If the applicant intends to develop land in phases, a phasing plan
shall be required showing total lot phasing. If a subdivision and/or
land development is planned as a phased development, the plan shall
specify how many phases, phasing boundaries and the proposed time
frame necessary to complete each phase.
B.
Where the applicant proposes the development of a subdivision or
land development in separate phases over a period of years, the Township
will allow that an applicant submits an installation schedule of improvements
as outlined in the Municipalities Planning Code, § 508.4(v).[1]
[1]
Editor's Note: See 53 P.S. § 10508(4)(v).
C.
All applications for final approval of future phases must conform
to the preliminary plan application as previously approved by the
Township. Any phase that contains substantive changes to the previously
approved in the preliminary plan will represent a major modification
to the application and will require complete resubmission of the preliminary
plan application in accordance with this chapter.
D.
Each phase, except for the last phase, shall contain a minimum of
25% of the total number of dwelling units as depicted on the preliminary
site plan unless the Township approves a lesser percentage for one
or more of the phases.
All development proposals involving land or facilities that
will be commonly owned among more than one titleholder shall include
a diagram illustrating the location(s) and extent of said land at
the time of plan application. 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 shall be defined and
recorded in a manner that the Township Solicitor finds acceptable.
The plan shall be provided at the same scale as the preliminary and
final site plans, as applicable.
If water is to be provided by means other than private wells
owned and maintained by the individual owners of lots within the subdivision
and/or land development, applicants shall present evidence to the
Planning Commission that the subdivision and/or land development is
to be supplied by the Hampton-Shaler Water Authority. This evidence
shall take the form of a copy of a certificate of public convenience
from the Pennsylvania Public Utility Commission or an application
for such certificate, a cooperative agreement or a commitment or agreement
to serve the area in question, whichever is appropriate, submitted
to the Township.
A.
The Township shall require a traffic impact study for land development
or change in land use generating trips in addition to the adjacent
roadways' existing peak hour volumes in cases where known traffic
deficiencies as listed by the Township exist in the area of the proposed
development or as the result of a proposed change in use. Development
generating less than 75 trips per peak hour shall be required to submit
a Traffic Impact Study Type A. Development generating 75 per peak
hour or more trips shall require the submission of a Traffic Impact
Study Type B.
B.
Traffic Impact Study Type A.
(1)
The applicant shall prepare a worksheet that computes the weekday
peak morning hour (between 7:00 a.m. and 9:00 a.m.) and weekday peak
afternoon hour (between 4:00 p.m. and 6:00 p.m.) average vehicle trips
for residential subdivisions according to the latest edition of the
Institute of Transportation Engineers (ITE) Trip Generation Manual.
The applicant shall submit the completed worksheet to the Township.
The applicant shall reference the Average Rate in the Trip Generation
Per Acre table for the applicable Land Use 210 Codes of the ITE Trip
Generation Manual.
(2)
In addition to the computation worksheet, the applicant shall supply
copies of the land use pages ITE results to the Township.
C.
Traffic Impact Study Type B.
(1)
Traffic impact study scope. Prior to beginning a traffic impact study,
the applicant shall submit a proposed scope of services to the Township
for review and approval. The traffic impact study shall include the
following if appropriate as determined by the Township:
(a)
A brief description of the proposed project in terms of land
use and magnitude.
(b)
An inventory and analysis of existing roadway and traffic conditions
in the site environs, including:
[1]
Roadway network and traffic control.
[2]
Existing traffic volumes in terms of peak hours and average
daily traffic (ADT).
[3]
Planned roadway improvements by others.
[4]
Intersection levels of service.
[5]
Other measures of roadway adequacy; i.e., lane widths, traffic
signal warrants, vehicle studies, etc.
(d)
An analysis of future traffic conditions, including:
[1]
Future opening year combined traffic volumes (site traffic plus
future background roadway traffic). Opening year is the projected
year of opening for the proposed development or change in use.
[2]
Future design year, or years with phasing, combined traffic
volumes (site traffic plus future roadway traffic). Design year is
projected to 10 years beyond the expected opening year of the development
or change in use.
[3]
Background traffic growth rates shall be obtained from the Southwestern
Pennsylvania Commission.
[4]
Intersection levels of service.
[5]
A pavement analysis or roadways which are projected to experience
significant increase in ADT volumes off site.
[6]
Other measures of roadway adequacy; i.e., lane widths, traffic
signal warrants, vehicle delay studies, etc.
[7]
When access is onto a state road, the analysis of future conditions
shall be consistent with PennDOT requirements.
(e)
A description of future levels of service and their compliance
with standards for traffic capacity of streets, intersections and
driveways. New streets shall be designed for adequate traffic capacity
defined as follows. All reference to levels of service (LOS) shall
be defined by the Highway Capacity Manual, Special Report 209, published
by Transportation Research Board. These standards may be waived by
the Township if sufficient evidence is provided that criteria cannot
be met with reasonable mitigation.
[1]
Traffic capacity LOS shall be based upon future design year
analysis.
[2]
New or modified (a new approach created) nonsignaled intersections
or driveways which intersect streets shall be designed for LOS C or
better for each traffic movement unless otherwise specified by the
Township.
[3]
New or modified (a new approach created) signalized intersections
shall be designed for LOS C or better for each traffic movement, unless
otherwise specified by the Township.
[4]
Existing intersections impacted by development traffic shall
maintain a minimum LOS D for each traffic movement, or, if future
base (without development traffic) LOS is E then mitigation shall
be made to maintain LOS E with development traffic. If future base
LOS is F, then degradation in delays shall be mitigated.
(f)
A description and analysis of the proposed access plan and site
plan, including:
(g)
The traffic circulation mitigating action plan shall include:
[1]
Project features relative to site access and on-site circulation
which could be modified to maximize positive impact or minimize negative
impact.
[2]
An off-site improvement plan depicting required roadway and
signal installation and signing improvements to meet the minimum level
of service requirements.
The applicant shall obtain a copy of the submitted application
and approved permit for a highway occupancy permit (H.O.P.) for plans
that require access to a highway (Pennsylvania route or United States
route) under the jurisdiction of the Pennsylvania Department of Transportation.
The H.O.P. plan shall contain a notice that a highway occupancy permit
is required pursuant to Section 420 of the Act of June 1, 1945 (P.L.
1424, No. 428), known as the "State Highway Law,"[1] before driveway access to a state highway is permitted.
[1]
Editor's Note: See 36 P.S. § 670-420.
A.
A professional geotechnical engineer licensed in the Commonwealth
of Pennsylvania shall complete a quantitative slope stability analysis
of proposed cut slopes and fill embankments. At minimum, test boring
and relevant laboratory soil or rock test results, site groundwater
and surface water findings, anticipated surcharge and/or hydrostatic
loads/conditions and any other factors affecting the proposed slopes
should be included in the analysis. The slope stability analysis must
be based on a method accepted by the geotechnical engineering community,
and that has been published in an accepted engineering textbook, journal,
or proceedings. The analysis should ultimately provide a factor of
safety (FS) against movement/failure of the proposed slope. A slope
will generally be considered stable in the long-term when the FS is
greater than or equal to 1.5, unless special circumstances, as approved
by the Township, should be allowed. Various slope/embankment construction
scenarios can be analyzed by the engineer, but no proposed slopes/embankments
indicating an FS less than that approved will be deemed acceptable.
B.
The slope analysis shall also depict the location of slopes with
grades between 15% and 25% and those that exceed 25% in gradient.
Each category shall be depicted with a different color or grey shading
or pattern. A statement that the proposed subdivision or land development
will not cause any environmental hazard or subsidence shall also be
included on the slope analysis.
C.
An applicant shall review and note his or her site location in relation
to landslide-prone areas as designated by the Commonwealth of Pennsylvania's
available mapping.
A.
Purpose and intent.
(1)
To decrease stormwater runoff volumes and increase the stormwater
infiltration and groundwater recharge.
(2)
To reduce peak stormwater discharge rates significantly by diverting
stormwater into the ground and away from the pipe-and-pond/cistern
stormwater management system.
(3)
To improve site appearance by encouraging the installation of vegetation
or other permeable surfaces where there would otherwise be only hard
pavement or impermeable surfaces.
(4)
To increase a lot's effective developable area by downsizing
the need for a piped stormwater management system.
(5)
To provide an applicant flexibility in complying with Township, Allegheny
County and Commonwealth of Pennsylvania regulations related to stormwater
management.
B.
Applicability.
(1)
The impervious surface coverage requirements shall apply to all land
development plans.
(2)
All horizontal surfaces on a lot shall be accounted for. Horizontal
surfaces shall include but may not be limited to roofs, patios, decks,
terraces, stoops, sidewalks, swimming pools, ponds, driveways, parking
areas and sport courts.
C.
Methodology.
(1)
A table itemizing the total square footage of each surface material
(see Table C: Impervious Surface Coverage) and the total square footage
of the lot (total lot area) shall be depicted on the site plan. The
worksheet shall be submitted to the Zoning Officer as part of a preliminary
land development application.
(2)
In a situation where a horizontal surface, such as a deck, is suspended
or supported above another horizontal surface, in the calculation
the applicant shall account for the surface with the greatest surface
area.
(3)
An applicant shall compute the square footage of a roof's surface
area based on the building footprint.
(4)
The rate of imperviousness for each surface material denoted on the
site plan shall be based on Table B: Rate of Imperviousness. An applicant
can provide an alternative imperviousness rate based on a professional
engineer's statement and computation. The Township reserves the
right to evaluate the proposed alternative imperviousness rate and
to accept or reject the proposal.
(5)
No allowances or deductions shall be made for tree canopy except
as associated to a woodland; see Table B.
(6)
Details shall be provided so compliance may be determined.
(7)
The total surface area for all surface material assignments shall
be equal to the total lot area.
|
Table B: Rate of Imperviousness
| |||
|---|---|---|---|
|
Surface Materials
|
Rate of Imperviousness1
(% impervious)
| ||
|
1
|
Asphalt, Rubber or Metal Roofing Roof; Conventional Concrete
Pavement; Conventional Asphalt Pavement; Open Water Body; Gravel Roof
|
95
| |
|
2
|
Stone, Concrete or Brick Pavers with Grouted Joints on Concrete
Base; Compacted Angular Aggregate Pavement; Wood or Composite Wood
Deck
|
75
| |
|
3
|
Green Roof <=4" depth; Stone, Concrete or Brick Pavers with
Ungrouted Joints on Sand and/or Aggregate Base; Permeable Concrete
Pavement; Permeable Asphalt Pavement
|
50
| |
|
4
|
Uncompacted Non-angular Aggregate Pavement; Green Roof > 4-8"
depth; Open-celled Concrete Grid with Lawn or Non-Angular Aggregate
Fill
|
30
| |
|
5
|
Open-celled Plastic Grid with Lawn or Non-Angular Aggregate
Fill; Lawn; Green Roof > 8" depth; Field
|
20
| |
|
6
|
Woodland
|
15
| |
|
NOTES:
| ||
|---|---|---|
|
1
|
Based on slopes between 0 and 3%. Increase the impervious rating
of each surface material by 5% for surfaces located on slopes > 3%
to 10%. Increase the impervious rating of surface material by 15%
for surfaces on slopes > 10%.
| |
|
Table C: Impervious Surface Coverage
| |||||
|---|---|---|---|---|---|
|
Column A
|
Column B
|
Column C
|
Column D
| ||
|
Surface Material
|
Total Square Feet of Surface
|
Rate of Imperviousness
|
Adjusted Square Feet of Surface Material
(Column B x C)
| ||
|
Line 1
|
Asphalt, Rubber or Metal Roofing Roof; Conventional
Concrete Pavement; Conventional Asphalt Pavement; Open Water Body;
Gravel Roof
|
__________x
|
0.95
|
=
|
__________
|
|
Line 2
|
Stone, Concrete or Brick Pavers with Grouted Joints
on Concrete Base; Compacted Angular Aggregate Pavement; Wood or Composite
Wood Deck
|
__________x
|
0.75
|
__________
| |
|
Line 3
|
Green Roof <=4" depth; Stone, Concrete or Brick
Pavers with Ungrouted Joints on Sand and/or Aggregate Base; Permeable
Concrete Pavement; Permeable Asphalt Pavement
|
__________x
|
0.50
|
=
|
__________
|
|
Line 4
|
Uncompacted Non-angular Aggregate Pavement; Green Roof
> 4-8" depth; Open-celled Concrete Grid with Lawn or Non-Angular Aggregate
Fill
|
__________x
|
0.30
|
=
|
__________
|
|
Line 5
|
Open-celled Plastic Grid with Lawn or Non-Angular Aggregate
Fill; Lawn; Green Roof > 8" depth; Field
|
__________x
|
0.20
|
=
|
__________
|
|
Line 6
|
Woodland
|
__________x
|
0.15
|
=
|
__________
|
|
Line 7
|
Sum of Lines 1+2+3+4+5+6
|
__________
|
__________
| ||
|
Total Lot Area
|
Adjusted Impervious Surface Total
| ||||
|
Maximum Permitted Impervious Surface Coverage
|
=
|
__________
| |||
|
Percent of Impervious Surface Coverage (Adjusted
Surface Area/Total Lot Area)
|
=
|
__________
| |||
The location of relevant natural features as stated under the
National Pollutant Discharge Elimination System (NPDES) permit requirements,
including, but not limited to, streams, other natural watercourses,
wetlands, general land cover, significant tree masses and other significant
natural features shall be illustrated on an environmental analysis
base map at the same scale as the preliminary site plan.
The applicant shall include on the plans a statement that no
development will occur within wetland areas. If development is proposed
within wetlands, the applicant shall obtain appropriate permits from
federal and state regulating agencies. Also, the Township may require
an environmental study to determine impacts to the wetlands in addition
to recommending improvements to mitigate the impacts.
A.
Purpose: A Phase 1 Environmental Assessment report shall be submitted
that evaluates whether a lot is likely to have suffered environmental
degradation. It involves nonintrusive investigative techniques to
establish whether the lot is likely to be contaminated and, if so,
to initiate the next level of environmental assessment.
B.
Content: An environmental assessment, in general conformance with
the guidelines established under ASTM Standards on Environmental Assessments,
shall contain the following:
(1)
Records review.
(a)
Review of records from standard sources as accepted by the Pennsylvania
Department of Environmental Protection that are reasonably ascertainable
to identify known environmental conditions for the site as well as
the immediate surrounding area.
(b)
Review federal, state and local databases, including CERCLIS,
NPL, RCRA notifiers, open dumps, ERNS, FINDS and USTs to determine
if the subject lot is identified therein regarding spills, discharges
and hazardous waste sites.
(c)
Review site historical records to assess previous uses of the
site as they may relate to current environmental conditions.
(d)
Review chain-of-title documents and practical reviewable materials
such as aerial photographs, Sanborn fire insurance maps, zoning and
land use records or historical maps to assess the previous uses of
lots.
(2)
Site reconnaissance: The site reconnaissance shall assess, to the
extent to which they can be visually or physically observed, the following:
(a)
Current land use.
(b)
Previous uses.
(c)
Current uses of adjacent properties.
(d)
Previous uses of adjacent properties.
(e)
Hazardous and petroleum substances storage and use.
(f)
Evidence of above- or below-ground storage tanks.
(g)
Drums or unidentified storage containers.
(h)
Electrical equipment with known or suspected PCBs.
(i)
Pools of free liquid, stains or corrosion or odors.
(j)
A general description of the presence of floor drains, sumps/pits,
septic systems and wells.
(k)
Stressed vegetation or dead vegetation.
(l)
Signs of oil and gas well development.
(3)
Interviews of persons familiar with the site: Topics of interviews
with those familiar with the site shall include, but not be limited
to, the following:
C.
Findings: If the environmental site assessment report indicates that
the lot is likely to be degraded, then the applicant must conduct
a site investigation in accordance with the ASTM guidelines for a
site investigation to identify areas of the lot impacted by environmental
degradation and a remedial investigation/feasibility study to identify
the full extent of soil and groundwater contamination and to identify
and evaluate the feasibility of remediation alternatives. The site
investigation and remedial investigation/feasibility study evaluations
shall be in conformance with the guidelines of the governing state
or federal regulatory agency.
D.
Waiver: The Township Board of Commissioners may waive the requirements
of this section upon the applicant's written request and recommendations
from the Planning Commission. Grounds for a waiver include, but are
not limited to:
A Phase 2 Environmental Assessment, including all plans, narrative,
and supporting information as required by the Pennsylvania Department
of Environmental Protection or its approved equivalent shall be provided.
The following situations, but not limited to such situations, may
specifically require a Phase 2 Environmental Assessment based upon
determination from the Pennsylvania Department of Environmental Protection:
A.
Final plan applications shall be prepared in conformance with the
provisions of this article and any other applicable requirements of
Township law. The final plan application shall not be considered to
be complete and properly filed unless and until all items required
have been submitted and confirmed by the Zoning Officer. The Township
shall check the plans, documents and fees to determine if they are
in proper form and contain all the information. If defective, the
application will be returned to the applicant with a statement that
the application is incomplete within 10 working days; otherwise, the
application shall be deemed filed as of the submission date. Acceptance
shall not constitute a waiver of any deficiencies.
A.
After a preliminary plan application has been approved by the Township, the applicant may proceed by submitting a final plan application within such time periods as set forth by law. Final plans shall be prepared in accordance with the additional requirements of this chapter and shall provide sufficient design information to demonstrate compliance with the requirements of Article V of this chapter.
B.
For those applicants not required to obtain preliminary plan application
approval, the final plan application shall include all information
required on the Subdivision and/or Land Development Submission Requirements
Table.[1]
[1]
Editor's Note: Said table is included as an attachment
to this chapter.
C.
A final plan application shall not be considered to be complete and
properly filed unless and until all items required by this chapter,
including the application fee and the application form provided by
the Township, have been received at least 25 days prior to the Planning
Commission meeting.
A.
Final plan applications shall be prepared in conformance with the
provisions of this chapter and any other additional applicable Township
requirements of law.
B.
All final plan applications shall include the following, plus any
additional information and copies as required by the Township:
(1)
One application form as specified and obtained from the Township.
(2)
A minimum of 10 copies of the final site plan with a minimum of three
sets shall be 24 inches by 36 inches. One electronic file shall be
submitted in PDF file format of all plans, maps, and drawings.
(3)
Filing/review fees. (See schedule available at the Township office.)
The fee shall be submitted in the form of a check or money order payable
to Shaler Township.
(a)
Review fees shall include the reasonable and necessary charges
by the Township professional consultants or engineer for review and
report to the Township and shall be set by resolution. Such review
fees shall be reasonable and in accordance with the ordinary and customary
charges by the Township Engineer, but in no event shall the fees exceed
the rate or cost charged by the engineer or consultant to the Township
when fees are not reimbursed or otherwise imposed on applicants.
(4)
Inspection and engineering fees. Inspection and engineering fees
according to the resolution of Township Board of Commissioners, as
updated time to time, in the form approved by the Township, shall
be provided.
A letter of transmittal identifying the proposed activity, the
purpose of the development, lot numbers, date, and any other pertinent
information shall accompany the application.
A.
The final site plan shall be provided in an accurate and final form
appropriate for recording. Final site plans shall be submitted on
sheets measuring 24 inches by 36 inches, or other size requested by
the Allegheny County Department of Real Estate. Where necessary to
avoid sheets larger than the maximum size prescribed above, final
site plans shall be drawn on multiple sheets and accompanied by a
key diagram showing relative location of the sections.
B.
The final site plan shall be in such a format and/or such material as is required for recording by Allegheny County. All preliminary site plan requirements as listed in § 195-22 shall be included in the final site plan. The final site plan shall also meet the following requirements and/or contain the following:
(1)
Copy of the approved preliminary plan.
(2)
Final plat, in accurate and final form for recording. The final plat
shall include the following:
(a)
Title block, placed in the lower right hand corner and containing
the following information:
[1]
The name and location of the subdivision or land development,
the plan date and the date of any revisions.
[2]
The name and plan book volume and page numbers of the previously
recorded plan, if any.
[3]
Name, address and phone number of the owner of record and the
developer.
[4]
Name, address and phone number of the firm that prepared the
plans, and the name, seal and registration number of the surveyor
who prepared the plan.
[5]
Sheet number, North arrow and graphic scale.
(b)
Tract boundaries, right-of-way lines of streets, easements and
other right-of-way lines with accurate distances to hundredths of
a foot and bearings to 1/4 of a minute. Tract boundaries shall be
determined by field survey only and shall be balanced and closed.
Surveys shall be prepared in accordance with the standards contained
in the Allegheny County Subdivision and Land Development Ordinance.
(c)
Complete curve data for all curves included in the final plat,
including radius, arc length, chord bearing and chord distance.
(d)
Location, type and size of all monuments and lot line markers;
state whether found, set or to be set.
(e)
Approved street names and street right-of-way widths.
(f)
Lot numbers, lot dimensions, lot areas in square feet and building
setback lines.
(g)
Tabulation of area data in acres and square feet, including
lots, parcels, units, areas dedicated for rights-of-way, etc., and
total plan area.
(h)
Lot and block or Tax Map parcel numbers.
(i)
Easements and rights-of-way for all public and private improvements,
including widths, purposes and limitations, if any.
(j)
Accurate dimensions, acreage and purpose of any property to
be reserved as public or common open space.
(k)
Indication of platting of adjacent property and the names of
the adjacent property owners.
(l)
Site location map, prepared in accordance with the Allegheny
County Subdivision and Land Development Ordinance.
(m)
All required municipal certifications, which shall include the
Municipal Engineer.
(n)
Certification of plat preparation and accuracy by a registered
surveyor.
(o)
Certification of the dedication of streets and other property.
(p)
All other certifications, dedications and acknowledgments, as
required by Allegheny County.
(q)
Plats which require access to a road under the jurisdiction
of the Pennsylvania Department of Transportation shall contain a notice
that, before driveway access is permitted, a highway occupancy permit
is required in accordance with the Act of June 1, 1945, known as the
"State Highway Law."[1]
[1]
Editor's Note: See 36 P.S. § 670-101 et seq.
(r)
Notation on the plan of any modifications or waivers granted
to the provisions of this chapter.
(3)
Land development plans. In addition to the above final requirements,
land development plans shall include the following information:
(a)
Final site plan, including building locations, parking areas,
roads and access drives, landscaping and buffer yards in accordance
with this chapter.
(b)
Final grading plan. The final grading plan shall include all
final contours, grades, floor elevations, permanent conservation measures,
limit of disturbance line, typical keyway and/or benching details,
and earthwork quantities in cubic yards.
(c)
Final stormwater management plan, including all final calculations.
(d)
Final soil erosion and sedimentation pollution control plan,
as submitted to the Allegheny County Conservation District (ACCD),
and evidence that the ACCD has issued a finding of adequacy.
(e)
Dimensioned site layout plan.
(f)
Final photometric plan.
(4)
Construction plans for public and private improvements, prepared
by a registered professional on sheets measuring 24 inches by 36 inches.
The construction plans shall show the following:
(a)
Conformity with the design standards specified in this chapter.
(b)
Plan and center line profile drawings of each street in the
plan and extending at least 200 feet beyond the plan. Street profiles
shall include complete vertical curve information.
(c)
At least a typical cross-section of each street in a new development,
extending at least 50 feet from the street center line to each side,
or extending 25 feet from the right-of-way line to each side, whichever
is greater.
(d)
The location of all existing and proposed sanitary sewers, storm
sewers, manholes, catch basins and endwalls within the site, and all
necessary extensions thereof beyond the site.
(e)
By plan, all pipe sizes, distances and directions of flow. Show
sanitary sewer wye locations, including a station for each wye as
measured from the downstream manhole.
(f)
By profile, all pipe sizes, materials, distances and grades;
and top and invert elevations of all manholes, catch basins and endwalls.
Show existing and proposed ground.
(g)
All construction details for stormwater detention facilities,
including any intake control structures, discharge control structures,
underground storage tanks, sumps and stormwater detention basins.
(h)
The locations of all other existing and proposed utilities,
including gas, water, fire hydrants, electric, telephone and cable
TV.
(i)
All easements and rights-of-way for public improvements.
(5)
Permits and approvals. The applicant shall submit certified copies
of all permits and approvals required by applicable federal and state
laws and county codes and regulations, including, without limitation,
the following:
(a)
Allegheny County Conservation District adequacies and permits.
(b)
Federal Aviation Administration and PennDOT Bureau of Aviation
approvals where required.
(c)
Pennsylvania Department of Environmental Protection sewage facilities
permits, general permit, wetland encroachment permits, stream encroachment/obstruction
permits, etc.
(d)
County of Allegheny and Commonwealth of Pennsylvania permits
for any proposed roads or driveways.
(e)
Water supply certification.
(f)
Letters of intent to provide service from utilities companies.
(g)
A copy of comments received, if any, from the Allegheny County
Health Department on the stormwater management plan.
(6)
Final zoning chart.
(7)
When required by the Township, additional information related to
infill, redevelopment and/or replacement in accordance with the Township
requirements.
(9)
Where applicable, plans of bridges and other improvements, and shall
contain sufficient information to provide complete working plans for
the proposed construction, including calculations and required Pennsylvania
engineer's seal.
(10)
Where individual on-site water supply systems are proposed,
certification of the acceptability of the water supply system by the
Pennsylvania Department of Environmental Protection must be submitted
wherever their approval is required.
(11)
Other certificates of approval as may be required by the Township
Engineer, Planning Commission and the Township Board of Commissioners.
A.
A final grading plan, illustrating final grades of all lots and a
surface drainage plan by arrows showing the direction of runoff on
each lot, shall be submitted and shall also include all items required
under the preliminary grading plan section of this article.[1] The final grading plan shall also clearly delineate the
following:
(1)
Proposed center line grade of streets with percent of grade of tangents,
including grades at intersections.
A written statement shall be provided indicating that within
90 days of final plan approval of the submission of a final application,
all plans, profiles, and data for all utilities, including but not
limited to electric, water, phone, gas, and cable lines, shall be
provided. Utility locations, where proposed, shall be imposed to a
copy of the final site plan.
A.
When the Township accepts dedication of all or some of the streets
within the proposed subdivision/land development following completion,
the Township Board of Commissioners shall require the posting of financial
security to secure the structural integrity of the streets in accordance
with the design and specifications as depicted on the final site plan.
The term for financial security for the maintenance of the streets
shall be 18 months, and the amount shall not exceed 15% of the actual
cost of installation.
B.
If there are conditions related to the dedication of streets or related
issues, those conditions and issues shall be noted in the developer's
agreement.
A shared parking agreement shall be provided in a format satisfactory
to the Township Solicitor and shall specify the names of the entity
with whom the agreement has been made, quantity of spaces, location,
lease terms and uses to be served by the off-site parking spaces,
as well as any other mutual agreements. The final shared parking agreement
shall be made a part of the final landowner and/or developer's
agreement.
A.
As a condition of granting final plan application approval, the Township
shall require that the landowner and/or developer execute a development
agreement with the Township in a form acceptable to the Township Solicitor,
containing provisions that are reasonably required to ensure compliance
with any conditions of approval and any ordinance or regulation of
the Township and to guarantee the proper installation of on-site improvements
related to the subdivision and/or land development, and provisions
necessary to indemnify the Township in connection with such subdivision
and/or land development.
B.
If the applicant fails to execute the development agreement within
90 days of the date of final plan approval, the Township may revoke
final plan approval. In the event that the final plan application
approval is revoked, the applicant shall resubmit a final plan application
for approval.
A.
Deed restrictions, easements and protective covenants, if any, shall
be provided in a form for recording. Provisions within any declaration
of covenants and restrictions shall include:
A.
Approval of the final plan application by the Township Board of Commissioners
shall be conditioned upon if Allegheny County, state or federal agencies
disapprove the development. It shall be the applicant's responsibility
to obtain all necessary approvals from Allegheny County, state and
federal agencies and submit these approvals to the Township, including
a notification from PADEP regarding a sewer facilities plan revision
approval or waiver (as applicable).
B.
Proof of approval of requests/responses and permit applications shall
be including, but not limited to:
(1)
Pennsylvania Department of Transportation highway occupancy permits.
(2)
Pennsylvania Department of Transportation traffic signal permits.
(3)
Pennsylvania Department of Environmental Protection Sewage Facilities
Planning Module (or exemption if applicable).
(4)
Pennsylvania Department of Environmental Protection National Pollutant
Discharge Elimination System permits.
(5)
Pennsylvania Department of Environmental Protection water obstruction
and encroachment permits.
(6)
Pennsylvania Department of Economic Development and/or Federal Emergency
Management Agency floodplain permits.
(7)
Hampton-Shaler Water Authority approval.
(8)
In addition, where any alteration or relocation of a stream or watercourse
is proposed, documentation shall be submitted indicating that all
affected adjacent municipalities have been notified of the proposed
alteration or relocation. The Pennsylvania Department of Community
and Economic Development and the Federal Insurance Administrator,
or other applicable agency, shall also be notified whenever any such
activity is proposed.
(9)
Shaler Township zoning approval unless otherwise identified by the
Township.
Upon completion of the public and/or private improvements in
a plan, as-built plans and profiles of the subdivision and/or land
development public and/or private improvements, as constructed, shall
be filed with the Township Zoning Officer by the applicant within
10 days of the mailing of the notice of completion. The as-built plans
and profiles shall indicate all public improvements, as constructed,
and shall show the top and invert elevations for all manholes, inlets
and sewer structures; the distance between all manholes, inlets and
sewer structures; wye ("y") locations on all sanitary sewers; and
significant changes to the street profiles as approved. An electronic
form of the plan compatible with the Allegheny County and the Township's
digital format and a print of each as-built drawing for public and/or
private improvement shall be submitted. As-built plans and profiles
shall be marked "as-built" and shall contain the final grade of all
sanitary and storm sewers and appurtenances.
Any person aggrieved by a decision of the Township concerning
an application of approval of a subdivision of land development may
appeal the decision in accordance with the procedures specified in
Article X-A of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
When requested by the applicant, in order to facilitate financing,
the Township Board of Commissioners shall furnish the landowner and/or
developer with a signed copy of a resolution indicating approval of
the final plat contingent upon the landowner and/or developer obtaining
a satisfactory completion bond. The final plat shall not be signed
or recorded until the completion bond and development agreement are
executed. The resolution shall expire and be deemed to be revoked
if the completion bond and development agreement are not executed
within 90 calendar days, unless the Planning Commission grants a written
extension. Such extension shall not be unreasonably withheld and shall
be placed in writing at the request of the landowner and/or developer.
A.
No plan shall be given final approval by the Township Board of Commissioners unless the public improvements required by this chapter have been installed in accordance with the standards set forth in Article V.
B.
In lieu of the completion of any improvement(s) required prior to,
and as a condition for, final approval, the applicant shall provide
for the deposit, in a form acceptable with the Township, of financial
security in an amount sufficient to the Township to cover the costs
of such improvement(s) or common amenities.
C.
The amount of the financial security required shall be based upon
an estimate of the cost of completion of the required improvement(s),
submitted by the applicant and prepared by a registered professional
engineer and certified by such engineer to be a fair and reasonable
estimate of such cost. The Township Engineer shall review the proposed
estimate and make a recommendation to the Township Board of Commissioners
as to acceptance and may provide an estimate if deemed unacceptable.
(1)
If the applicant and the Township cannot agree upon an estimate,
then the estimate shall be recalculated and recertified by another
registered professional engineer chosen mutually by the applicant
and the Township. The estimate by the third engineer shall be deemed
as the final estimate.
(2)
If a third engineer is selected, the fees for services shall be evenly
divided between the applicant and the Township.
A.
When the applicant has completed all of the necessary and appropriate
improvements, he/she shall notify the Township, in writing, by certified
or registered mail, of the completion of said improvements, and shall
also send a copy to the Township Engineer. The Township shall, within
10 days after receipt of such notice, direct the Township Engineer
to inspect all of the installed improvements.
B.
Within 30 days of authorization by the Township Board of Commissioners,
the Township Engineer shall file a report, in writing, of the result
of the inspection. A copy shall also be forwarded to the applicant
by certified or registered mail. The report shall detail the improvements
and shall indicate approval or rejection, in whole or in part, of
the improvement(s). A rejection, in whole or in part, of the improvement(s)
shall contain a statement of reasons for such recommendation.
C.
The Township shall notify the applicant within 15 days of receipt
of the Engineer's recommendation, in writing, by certified or
registered mail, of the action by the Township Board of Commissioners.
D.
If any portion of the said improvement(s) shall not be approved,
or shall be rejected by the Township, the applicant shall proceed
to complete the same and, upon completion, the same procedure of notification
as identified above shall be followed.
E.
The applicant shall reimburse the Township for the reasonable and
necessary fees based upon a schedule established by ordinance or resolution.
Such fees shall be those customarily paid for engineering or consulting
work performed in the Township.
A.
As the work of installing the required improvements proceeds, the
applicant may request the Township to release or authorize the release,
from time to time, of such portions of the financial security necessary
for payment to the contractor or contractors performing the work.
B.
Any such requests must be in writing and describe the portion of
the work claimed to be completed and the amount of security requested
to be released.
C.
The Township shall have 45 days from receipt of such request to have
the Township Engineer certify in writing to the Township that such
portion of the work upon the improvements has been completed in accordance
with the approved plat. Upon such certification, the Township shall
authorize release by the bonding company or lending institution of
an amount as estimated by the Township Engineer fairly representing
the value of the improvements completed, or if the Township fails
to act within said forty-five-day period, the release of funds shall
be deemed approved. Notwithstanding anything to the contrary, the
Township may, prior to final release at the time of completion and
certification by its appointed engineer, require retention of 10%
of the estimated cost of improvements.
D.
If any portion of the said improvement(s) shall not be approved,
or shall be rejected by the Township, the applicant shall proceed
to complete the same and, upon completion, the same procedure of notification
as identified above shall be followed.
E.
The applicant shall reimburse the Township for the reasonable and
necessary fees based upon a schedule established by ordinance or resolution.
Such fees shall be those customarily paid for engineering or consulting
work performed in the Township.
A.
Where the applicant shows to the satisfaction of the Township that
the literal compliance with any mandatory provision of these regulations
causes undue hardship to the applicant because of peculiar conditions
pertaining to the particular property, the Township may grant a modification
or waiver to one or more provisions of this chapter. Such modification
or waiver, however, shall not have the effect of nullifying the intent
and/or purpose of this chapter.
B.
In granting any modification, the Township may impose such conditions
as will substantially secure the objectives of the standards and requirements
of this chapter.
C.
All requests for modifications or waivers of any standard and/or
requirement contained in this chapter shall be made in accordance
with the following procedure:
(1)
The request shall be made in writing and shall accompany the preliminary
plan application. The request shall include:
(a)
A full description of the unreasonableness or hardship on which
the request is based, and any peculiar circumstances.
(b)
A full description of the alternative standard proposed to provide
equal or better results.
(c)
The section(s) of this chapter that are requested to be modified
and the minimum modification necessary to relieve the hardship.
(2)
The request for modification shall be reviewed by the Planning Commission during preliminary plan review to determine compliance with the requirements in Subsection C(1), above, and shall be recommended for action to the Township Board of Commissioners.
(3)
The Township Board of Commissioners, after receipt of the Planning
Commission recommendation, shall complete its own review and shall
grant or reject the required modification.
(4)
If the modification is granted, a note shall appear on the final
plan for recordation.
(5)
The Township Board of Commissioners shall keep a written record of
all action on all requests for modifications.
A.
Upon approval of a final plat by the Township, the applicant shall, within 90 days of such final approval or 90 days after the date of delivery of an approved plat signed by the governing body, following completion of conditions imposed for such approval, whichever is later, record such plat in the Allegheny County Department of Real Estate. The Allegheny County Department of Real Estate shall not accept any plat for recording unless such plat officially notes the approval of the Township Board of Commissioners and the review of the Allegheny County Planning Agency or its designee. The recording of the plat shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject plat. Approval certification shall be in accordance with county and/or Township language as outlined and/or referenced in this article and Article XI, Required Signature and Stamp Blocks.
B.
In the event that the plan has not been recorded within the required
90 calendar days, the President of the Township Board of Commissioners
and the Chairman of the Planning Commission are authorized to reinstate
the Township approval for recording upon receiving a report from the
Township Engineer that there are not changes in the subdivision or
land development plan previously granted approval and that all requirements
of this article regarding posting of a complete plan is submitted
for reinstatement of approval within 90 calendar days following the
expiration of the original 90 calendar days from the date of final
approval.
C.
Upon recording of the final plat in the office of the Allegheny County
Department of Real Estate, the applicant shall deliver to the Township
two paper prints of the final plat as recorded. In addition to the
two paper prints, the applicant must submit one copy of the final
plat in an electronic format compatible with the Township's geographic
information system (GIS).
D.
At the time of final plat submission, the applicant shall be required
to pay a recorded plan deposit in an amount determined from time to
time by resolution of the Township Board of Commissioners.
E.
Said deposit shall be returned to the applicant when the Township
receives the two signed and recorded paper prints of the final plat
and the one electronic copy, or when the applicant has officially
withdrawn the application.
