All applications for a subdivision or land development shall
be submitted to the Zoning/Planning Office. Once the application is
determined to be administratively complete, it shall be scheduled
for Staff Review. Following Staff Review, depending on the nature
of the request, the application shall be forwarded to the planning
commission and/or Board of Supervisors for review, recommendation
and/or decision. If the application is forwarded to the Planning Commission,
the planning commission shall review the application and submit a
recommendation to the Board of Supervisors for disposition. The Board
of Supervisors may thereafter take action to approve, approve with
conditions or deny the application pursuant to this chapter.
Applications for subdivision or land development shall be classified
according to the following criteria and definitions, and shall be
processed according to the provisions contained in this section. Questions
regarding the applicability of submission requirements for a particular
application shall be determined by the Zoning/Planning Office. Such
office should be contacted prior to the submission of the application.
A.
Major subdivisions. A subdivision that includes either one or more
of the following characteristics:
(1)
Multiple phasing of a plan;
(2)
Public improvements, including one or more of the following: streets,
stormwater detention and stormwater retention facilities and public
utilities;
(3)
An on-lot sewage disposal system that services more three or more
structures on an individual lot, or services any structure off the
lot on which the system is located;
(4)
Any commercial development;
(5)
A subdivision which does not qualify as a "Simple Subdivision" as
set forth hereafter;
(6)
A subdivision which the Zoning/Planning Office requires to be treated
as a major subdivision.
B.
Simple subdivisions. A subdivision which does not include any of
the characteristics included in the major subdivision category. In
general, a simple subdivision may be permitted by the Township for:
(1)
The adjustment of lot lines for existing lots;
(2)
Lot additions; and/or
(3)
The creation of not more than five new lots that are already serviced
by a public road, public utilities or a previously approved on-lot
septic system, and no new extension of any existing improvements or
facilities are required. No conditional approval shall be granted
for a simple subdivision.
C.
Land developments. Land developments shall be deemed to include,
but shall not necessarily be limited to, the following:
(1)
A nonresidential development located in or on two lots or more;
(2)
All multifamily developments located on one lot or more;
(3)
A new nonresidential development located on one lot;
(4)
A change of use from an existing building or use of land to a nonresidential
use which also affects the land area by creating one or more of the
following:
(5)
Any land development that includes the construction of new public
or private streets;
(6)
Any Planned Residential Development or Planned Group Unit; and/or
(7)
Any land development that includes construction within an environmentally
sensitive area.
D.
Preliminary and final approvals.
(1)
The application may be considered by the Planning Commission and
Board of Supervisors for preliminary and final approval. In the event
preliminary approval has been recommended by the planning commission,
and if the applicant has satisfied all plan requirements needed for
final approval, the applicant may immediately request the planning
commission consider the plan for final plan approval.
(2)
An application classified as a simple subdivision may be granted
final approval by the Board of Supervisors without completing the
submission requirements for preliminary approval.
A.
Pre-application meetings:
(1)
Applicants may request a staff conference or advisory meeting to
discuss subdivision or land development plans prior to the formal
submission of preliminary or final applications. Any advisory meeting
with the planning commission shall be held during a regular meeting
of the planning commission. The purpose of the advisory meeting and
staff conference is to review the proposed development and development
site and to identify issues which should be addressed in the application.
The advisory meeting and staff conference afford an opportunity to
the applicant to discuss the proposed project on an informal basis.
At the advisory meeting and staff conference the applicant may discuss
applicable regulations governing the subdivision or land development
on the property and the feasibility and timing of the application.
The planning commission or professional staff may offer comments upon
the proposed application, however, no approval or disapproval of the
application shall be given and no comments or recommendations shall
be binding. The request for an advisory meeting of staff conference
shall not constitute an application and shall not begin the required
time period for application review as specified in the MPC.
(2)
An applicant desiring to participate in an advisory meeting or staff
conference shall submit a request on an official form supplied by
the Township together with all required information to the Zoning/Planning
Office not less than 10 calendar days before a regularly scheduled
planning commission meeting. A separate review fee, as listed in the
Township Fee Resolution, for such advisory meeting or staff conference
shall be paid to the Township at the time the official form requesting
same is submitted.
B.
General application submission requirements and application processing:
(1)
All applications for a subdivision or land development shall be submitted
on official forms prepared and supplied by the Zoning/Planning Office.
(2)
All applications must be administratively complete and submitted
to the Zoning/Planning Office no later than the close of business
10 days prior to the regularly scheduled meeting of the planning commission
to be placed on the agenda for such meeting. Any applications submitted
after this date (i.e., within 10 days of any regularly scheduled planning
commission meeting) shall be considered at the following monthly meeting.
(3)
Upon submission, the application shall be reviewed by the Zoning/Planning
Office to determine its administrative completeness. In order for
an application to be administratively complete, filed and placed on
the planning commission agenda, it shall include and/or contain:
(a)
The correct number of copies of all plats and reports, as referenced
in this article;
(b)
Meet all requirements for submission based on the classification
of the plan. The review of the submission requirements shall not include
a review of the correctness of the plan, but rather a review that
the required items for review have been submitted;
(c)
The appropriate application fee set forth in the Comprehensive
Fee Resolution of the Township of Unity as amended;
(d)
All original signatures of all property owners or agents for
property owners involved in the application;
(e)
Evidence of filing of all necessary permits from any regulatory
agency having jurisdiction over the project;
(f)
Evidence that the applicant has made a request to the UTMA for
sewage facilities approval where necessary;
(g)
Evidence of the applicant's interest in the property that provides
standing for the submission of the application; and
(h)
Any fee required for the processing and recording of the final
plat.
(4)
Official filing date. When the Zoning/Planning Office's initial review
has determined that the application satisfies the administrative requirements
applicable thereto and is in full compliance with the requirements
of this chapter for filing and submission, the application shall be
accepted. The date on which the Zoning/Planning Office's determines
the application is "administratively complete" shall be used as the
application's official filing date.
(5)
If the application is determined to be incomplete, the applicant
shall be contacted by the Zoning/Planning Office to remedy the deficiency.
In the event the applicant fails or refuses to remedy the administrative
deficiency within 10 days of receipt of such notice, all submitted
documents may be rejected and returned to the applicant, including
the application fee along with a letter indicating the application
deficiency(ies). The application shall not be considered by the planning
commission until it is filed with all required components, and shall
not constitute the starting of the ninety-day review period required
by the MPC.
(6)
Once the application is determined to be "Administratively Complete"
it shall be submitted for professional staff review. Following the
professional staff review, the Zoning/Planning Office shall generate
a list of comments concerning the application and place same on the
agenda of the regularly scheduled planning commission meeting. A copy
of these comments shall also be communicated to the applicant.
(7)
After presentation and review of the application, the planning commission
shall forward its recommendations in writing to the Board of Supervisors
and the applicant. Any plan recommended with conditions shall include
a list of those conditions. In cases of a recommendation for denial,
the planning commission shall state the reasons for same and cite
those sections of the Township ordinances and other applicable codes
which form the basis for its recommendation.
(8)
The Board of Supervisors may thereafter render a decision approving,
approving with conditions, or denying the application, taking into
consideration the recommendations of the planning commission.
(9)
Any decision of the Board of Supervisors shall be in writing and
sent to the applicant, or the applicant's designated agent by regular
U.S. mail, postage prepaid, at the address for same appearing on the
application. Such decision shall be transmitted within the time period
prescribed by the MPC.
(10)
Extensions of time. If, during the review of the plan, the planning
commission or the Board of Supervisors desires additional time to
consider the application for preliminary approval or final approval,
the applicant may waive the ninety-day time limitation established
by law, and grant the Township an additional period of time to complete
review of the application. This extension shall be communicated in
writing and be signed by the applicant or their designated agent.
In the event no such time extension is agreed to by the applicant,
and it is determined that the application does not meet requirements
prescribed in this chapter, the Board of Supervisors shall deny the
plan according to procedures established herein.
(11)
Public hearing. Before acting on any application, the Board
of Supervisors may, in its sole discretion, hold a public hearing
to solicit comment on the plan.
(12)
Approval with conditions. An application may be granted preliminary
approval or final approval subject to specific conditions. These conditions
shall be set forth and included in the written decision sent to the
applicant. In addition, such written decision shall include a notice
that unless the applicant agrees to the conditions within 15 days
of the date the decision is communicated, the application is shall
be deemed denied in accordance with this chapter. The applicant shall
notify the Township in writing of his or her acceptance or rejection
of the conditions of approval. If the applicant does not so notify
the Township, in writing, of the acceptance of all conditions within
15 days of the date of such Notice, the approval shall be deemed rescinded,
and be rescinded, without written notice to the applicant.
(13)
Plans receiving only preliminary approval by the Board of Supervisors
will require final approval by the Board of Supervisors thereafter.
The applicant may request final plan approval after all requirements
of this chapter have been met and the applicant has satisfied any
conditions attached to the preliminary approval.
A.
Submission of application and plans. All requests for subdivision
or land development approval shall be submitted along with a completed
and signed application form and any required application fee. All
plans or plats shall set forth and/or contain the information set
forth hereafter and comply with the standards set forth herein. Any
plan submitted on multiple sheets shall contain the following information
on all sheets, where applicable.
(1)
The number of copies of the plan or record for a subdivision, or
the master plan for a land development, as determined by the Zoning/Planning
Office. In addition, three copies of plan detail sheets and other
detailed plans (erosion and sedimentation, utilities, stormwater management,
landscaping, etc.) shall be submitted along with the application.
The number of copies required may be adjusted by the Zoning/Planning
Office as part of the application form.
(2)
The plan shall be drawn at a scale of one inch equals 10 feet, one
inch equals 20 feet, one inch equals 30 feet, one inch equals 40 feet,
one inch equals 50 feet, or one inch equals 100 feet.
(3)
Each sheet shall be numbered and shall show its relationship to the
total number of sheets. Sheets shall be 24 inches by 36 inches. Plats
to be recorded at the Westmoreland County Courthouse shall be 18 inches
by 24 inches and meet other applicable standards of the Westmoreland
County Recorder's Office.
(4)
Dimensions shall be set in feet and decimal parts thereof, and bearings
in degrees, minutes and seconds to two decimal places with the bearing
placed in a counterclockwise direction around the proposed lot or
lots.
(5)
The plan shall bear a legend to indicate clearly which features are
existing and which are proposed.
(6)
The plan shall include the names, county deed book references, Westmoreland
County Tax Map Parcel Number and Zoning District classification of
all adjoining property owners.
(7)
A graphic scale, north arrow and date shall be shown on all plans.
(8)
A title block containing the proposed name of the subdivision or
land development, the project number assigned by the firm that prepared
the plans, the plan date and dates of all plan revisions.
(9)
A site location map, taken from a USGS quadrangle map. The location
map shall be at scale and size sufficient to show clearly where the
project is located.
(10)
The existing platting of land abutting the subdivision or land
development. All existing buildings, sewers, water mains, fire hydrants,
culverts, petroleum or high-pressure gas lines and other utilities
on or within 200 feet of the site shall also be shown.
(11)
All existing and proposed public and/or private easements, together
with their locations, widths and purposes.
(12)
All existing streets, on or adjacent to the tract, including
their name, right-of-way width and cartway width.
(13)
Where 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.
(14)
The location of all monuments and lot markers.
(15)
Places on the plat for approval by the planning commission,
the Board of Supervisors and review by the Westmoreland County Planning
Department, and a place on the plan for seals of the professional
preparing the plan, the Board of Supervisors, the Westmoreland County
Planning Department; the Recorder of Deeds, a notary public and the
property owners.
(16)
Certification by a registered surveyor to the effect that the
plat represents a survey made by him or her, and that all monuments
indicated thereon actually exist, that their location, size and material
are correctly shown, and that all engineering requirements of this
chapter have been fully complied with.
(17)
The name and address of the developer and, if the developer
is not the owner, the name and address of the owner.
(18)
The source of the title to the land as shown on the books of
the Recorder of Deeds of Westmoreland County and the Westmoreland
Tax Map Parcel Number for the parent tract.
(19)
The name, address, certification and seal of the registered
engineer and/or surveyor, or landscape architect who prepared the
plat and the professional registered surveyor who did the survey shown
on the plat.
(20)
A Schedule of Zoning District requirements, including area and bulk regulations, building and yard requirements, and zoning of the parcel(s) to be developed and adjoining properties. Front yard, rear yard and side yard setbacks required by Chapter 118, Zoning, for the Zoning District in which the subject tract is located, and all adjoining properties shall also be indicated.
(21)
Variances or other zoning approvals which have been requested
or have been granted by the Township or the Zoning Hearing Board.
(22)
A copy of the deed for the subject tract and/or an option agreement,
lease-purchase agreement or other such document or instrument conveying
to the applicant a right of possession to, or an interest in, the
property within the proposed subdivision or land development.
(23)
Utility feasibility. Reports from all utility providers expected
to service the proposed subdivision or land development, which, at
a minimum, shall include a letter as to whether the utility has the
capability and facilities to serve the proposed subdivision or land
development.
(24)
For applications for development of sites along any geopolitical
municipal boundary, information pertaining to zoning in the adjacent
municipality. Approval may be required by the adjoining municipality
if the subdivision of development is partially located in that municipality
and may be a condition of approval by the Township.
(25)
Digital files. Submitted plats must also be submitted in a digital
format so they may be directly imported into the Township's geographical
information systems (GIS) in a manner consistent with the standard
outlined in this chapter. The Township will assess that fee set forth
in the Township's Comprehensive Fee Resolution against any applicant
who fails or refuses to submit a plat in a digital format.
C.
Existing conditions. The following existing conditions shall be depicted
on all plans, consistent with the requirements set forth hereafter:
(1)
Contours, shown at two foot vertical intervals or ten-foot intervals
where slopes exceed 40%. Existing contours with dashed lines must
be shown and numbered clearly. Locations and elevations of datum to
which contour elevations refer must be stated. Datum used shall be
a known, established benchmark. Contours plotted from USGS quadrangle
maps shall not be acceptable. The benchmark used shall be cited and
labeled with the elevation and the northing and easting coordinates
on the state plane coordinate system.
(3)
Identification of soil series as shown in the soil survey of Westmoreland
County. Soil limit lines on the base map shall be indicated.
(4)
If any part of the site lies within a floodplain indicated on a certified
FEMA map, the applicant shall plot the floodway and one-hundred-year
floodplain boundary on the map and reference the community panel number,
map name, date and map panel numbers.
(5)
All wetlands and/or otherwise classified as such by state or federal
agencies.
(6)
Potentially hazardous features, including quarry sites, surface and
subsurface mines, gas wells and undermined areas, including location
of all areas of subsurface mining on the site with less than 100 feet
of cover.
(7)
Significant cultural features, including cemeteries, burial sites,
archaeological sites, historic buildings, structures, plaques and
markers, or monuments.
(8)
Existing surface water resources such as watercourses, streams and
ponds, and other natural drainage features.
D.
Proposed conditions and improvements. The following proposed conditions
and improvements shall be depicted on all plans, consistent with the
requirements set forth hereafter:
(1)
The proposed street layout in the subdivision or land development
including streets, roads, alleys, driveways, sidewalks, or other means
of access shall be located on the site. The plat must include name,
jurisdiction of ownership, width, type and location of right-of-way,
and existing grades and types of curbs.
(2)
The layout of lots (showing scaled dimensions), lot numbers in sequence,
and the areas of lots in square feet.
(3)
Portions of the site or parcels proposed to be reserved for schools,
parks, playgrounds or other public, semipublic or community purposes
and all proposed improvements for these portions.
(4)
Proposed rights-of-way, easements, depicting their locations, widths
and purposes.
(5)
Proposed public improvements. The details of each shall be shown
and the locations or distances to each existing utility indicated.
(6)
Tabulation of site data, total acreage of land to be subdivided,
the number of lots, the acreage of individual lots, the acreage of
the subdivision and the acreage of proposed open space and recreation
areas.
(7)
Detailed construction drawings for public improvements prepared by
a registered professional engineer. Such drawings shall:
(a)
Be drawn at a scale cited in § 104-16A(4) of this chapter on sheets of 24 inches by 36 inches. More than one sheet may be used for large parcels, but each sheet shall be properly indexed.
(b)
Be designed in conformance with the design standards established
in this chapter and in other applicable Township, county, state and
federal codes and regulations.
(c)
Include a plan and profile of each street within the site and
at least 200 feet beyond the edge of the site, including labels showing
the sight distance at each intersection.
(d)
Contain at least three cross sections at intervals not to exceed
100 feet and extending 50 feet on each side of the street center line
or 25 feet outside of the street right-of-way, whichever is greater.
(e)
Complete curve data for all curves included in the plan.
(f)
Indicate the location of all necessary sewers, manholes and
catch basins.
(g)
Show drainage easements over private property and label them
as public or private.
(h)
Show the top and invert elevation of each inlet and manhole,
together with the grade of each sewer line.
(i)
Show the grade line, material, distance and pipe size of each
line in the storm drainage system within the plan and any storm drainage
system immediately adjacent to the site. Show the permit number if
connections are made to PADOT storm sewers.
(j)
Show the location of each wye proposed for installation.
E.
Additional items required for land developments. In addition to the
foregoing, all plans for land developments shall contain the following
information, where applicable:
(1)
The location and dimensions (in square feet) of planned principal and accessory buildings, including basement area, loading and unloading areas. If the calculation of parking spaces required, per Chapter 118, Zoning, is a function of square footage of the proposed use, a detailed floor plan shall be submitted.
(2)
The proposed use, location, area, height, and bulk of all proposed
structures and dimensions of all yards.
(3)
Patterns of pedestrian and vehicular circulation on-site and on adjacent
streets to show ingress, egress, and circulation in and out of the
site.
(4)
Provisions for off-street parking area to include the layout of parking
areas and a computation of the number of parking spaces to be provided.
(5)
Provisions for off-street loading facilities.
(6)
Proposed planting and landscaping with specific locations, sizes, species and quantities; proposed open space and buffers; and screening and fencing for storage and dumpster areas, as required by this chapter and Chapter 118, Zoning.
(7)
Location and specifications for lighting of parking areas and walkways,
including lighting detail and a photometric plan.
(9)
Location, size, and specifications for private improvements, such
as curbs, sidewalks, driveways, parking areas, fencing, signs, landscaping,
planters, outdoor lighting and wheel stops.
(10)
Proposed fire lanes.
(11)
Location, size and specifications for public improvements.
(12)
Location, size and specifications for storm sewers, stormwater
management facilities, sanitary sewers, water lines, and fire hydrants.
(13)
Elevation drawings for all proposed buildings.
(14)
A plan drawn to scale showing the front, rear and side perspectives
of proposed building(s) shall be submitted. Such plan shall include
the building's architectural features, exterior building materials,
first floor elevations, the height of the building in feet, the number
of stories, and the building's relationship to the finished grade
immediately surrounding the building.
F.
Reports and permits for major subdivisions and land developments.
Unless exempted by the Zoning/Planning Office, the following reports
and permits shall be required as part of the submission of an application:
(1)
A stormwater management plan, prepared pursuant to the terms of this
chapter and the unity Township stormwater management ordinance of
the Township of unity, as amended and in effect at the time of the
application's official filing date.
(2)
An erosion and sedimentation control plan approved by the Westmoreland
County Conservation District. Applications shall at a minimum require
submission of the plans submitted to the Conservation District with
a dated letter of transmittal.
(3)
Road and grading plans together with phasing and engineering information
deemed necessary for consideration of the proposed development, if
applicable.
(4)
A phasing plan and schedule shall be required for all developments
proposed for construction in stages. This schedule shall include a
proposed schedule for the filing of applications for final approval
for each phase.
(5)
An environmental constraints study which details areas within any
natural resources overlay on the site and provides information on
how the development is planned not to interfere with these features
and/or how all applicable local, state and federal regulations are
being complied with.
(6)
Sewerage feasibility study, percolation tests and other evaluations
of the site's suitability for on-site sewage disposal as required
by this chapter.
(7)
Other studies authorized or required by Township ordinances and deemed
necessary by the Zoning/Planning Office, the Township Engineer, the
Planning Commission or the Board of Supervisors.
(8)
Other studies required by state or county regulations, or which are
deemed necessary under such regulations by the Zoning Office, the
Township Engineer, the Planning Commission or the Board of Supervisors.
(9)
A Transportation Impact Study (TIS) prepared pursuant to the requirements
of this chapter.
(10)
Proof, to the satisfaction of the Township, of an adequate potable
water supply.
(11)
The letter of approval from the Pennsylvania Department of Environmental
Protection indicating approval of private water supplies.
(12)
The planning module components' submission to the Department
of Environmental Protection (DEP) for all sanitary sewers.
(13)
Roadway occupancy submissions to the state, county or Township,
as may be required to provide site access and service.
(14)
Any other permits or permit submissions required by Township
Ordinances, or which are deemed necessary by the Zoning/Planning Office,
Planning Commission, Board of Supervisors or professional staff following
any pre-application conference.
(15)
Any other permits or permit application submissions required
by federal, state or county regulations, or which are deemed necessary
under such regulations by the Zoning/Planning Office, planning commission
or Board of Supervisors. Such permits and applications include but
are not limited to those required for Floodplain Management, Stormwater
Management, Clean Streams Law Permit, NPDES (National Pollution Discharge
Elimination System) permit, and Department of Environmental Protection
(DEP) Planning Module permits and sewer authority permits.
A.
Performance bond and financial security.
(1)
No plan shall be recorded or permits issued until the developer has
deposited with the Township Financial Security in a form acceptable
to the Township. The amount of the Security shall be sufficient to
cover the cost of constructing public improvements and common amenities
including, but not limited to, roads, stormwater detention and/or
retention basins, and other related drainage facilities, recreational
facilities, open space improvements, landscaping, and buffers or screen
plantings which may be required, by this chapter and/or as shown on
the final plat.
(2)
The amount of the financial security to be posted for the completion
of the public improvements shall be equal to 110% of the cost of completing
the improvements. The amount of the security shall be determined by
the Township, based on a cost estimate submitted by the developer
and subject to review and modification by the Township Engineer.
(3)
The financial security shall provide for, and secure to the public,
the completion of any public improvements as required in the final
approval within a time period mutually agreed upon by the developer
and the Township. The amount of the security may be adjusted annually
in accordance with Section 509(f) of the Municipalities Planning Code
(MPC).[1]
[1]
Editor's Note: See 53 P.S. § 10509(f).
(4)
The final plat shall not be approved by the Board of Supervisors
until a satisfactory performance bond has been posted with the Township.
(5)
The developer shall also pay any required inspection fee consistent
as hereinafter provided in this chapter, and the fee for any required
fire hydrants and street signs prior to the release of the plan for
recording.
B.
Developer's agreement. The Board of Supervisors shall require the
developer to execute a developer's agreement with the Township, prepared
and reviewed by the Township Solicitor at the expense of the developer.
Such agreement shall contain provisions that are reasonably required
to guarantee compliance with the conditions of approval, if any, and
to guarantee the proper installation of on-site and off-site improvements
related to the subdivision or land development. Said agreement shall
be executed, the required financial security shall be posted, and
all required fees shall be paid, before the Township approves and
signs the final plat for recording purposes. No plan shall be signed
for recording until certified copies of all permits and approvals
required by applicable federal, state, county and Township Codes and
Regulations are received by the Township and the cost estimate for
completing public improvements is received by the Township and reviewed
and/or modified by the Township Engineer.
C.
Recording of plans.
(1)
The grant of preliminary approval by the Board of Supervisors shall
not entitle the applicant to record such plan in the Office of the
Recorder of Deeds of Westmoreland County.
(2)
The final plan, as approved by the Board of Supervisors, signed by
the Chairman of the Board of Supervisors, and attested to by the Township
Secretary shall be recorded in the Office of the Recorder of Deeds
of Westmoreland County, within 90 days of the decision of the Board
of Supervisors. The applicant shall deposit a fee with the Township
at the time of plan submission sufficient to cover the costs associated
with processing and recording the final plat.
D.
Issuance of permits. The Township shall not issue any permits for
any construction activity for a plan until such time that the plan
has been duly recorded at the Recorder of Deeds Office of the County.
