Any developer or owner of property who proposes to create a
subdivision shall submit a plat of the layout of such subdivision,
prepared by a professional registered engineer or registered land
surveyor, filed and processed according to the requirements of this
article.
After review and discussion with the applicant concerning the
plans and data submitted, the Planning Commission shall indicate the
suitability of the plan for development into preliminary plans.
A.
In assessing the suitability of the plan, the Planning Commission
shall consider the Township's plan of future land use, thoroughfare
plan, community facilities plan or any plans of the Planning Commission,
including but not limited to proposed streets, recreation areas, drainage
reservations, shopping centers and school sites.
B.
Also to be considered is whether the land is subject to hazards of
health, safety and welfare. Such land shall not be subdivided until
such hazards are removed. These hazards shall be interpreted to mean
land subject to flooding, slides due to excessive slope or excavation,
land of excessive or improper fill material, land improperly drained
or land possessing mining subsidence problems.
Prior to the preparation and filing of the preliminary plat,
the applicant shall submit the following plans and data to the Planning
Commission:
A.
General information: describe generally existing covenants, land
characteristics, community facilities and utilities, and information
describing the proposed subdivision such as the number of residential
lots, typical lot width and depth, price range, business areas, playgrounds,
park areas, other public areas, proposed protective covenants, proposed
utilities and street improvements.
B.
Topographic map: existing U.S.G.S. Quadrangle Sheet or other acceptable
map showing topographic features.
C.
Location map: map shall show relationship of the proposed subdivision
to existing community facilities which serve or influence it and existing
facilities, title, scales and North arrow.
D.
Sketch plan: drawn on a print of the topographic map, showing in
a simple sketch the proposed layout of streets, lots, and other features
in relation to existing conditions, including:
(1)
The proposed name of the subdivision.
(2)
Name of the applicant.
(3)
Name of the registered owner.
(4)
North point, scale and date.
(5)
Name of the registered professional engineer or registered surveyor
or other qualified person responsible for the map.
(6)
Tract boundaries.
(7)
Topography.
(8)
Approximate location of watercourses, tree masses, rock outcrops,
existing buildings, and approximate location of existing and proposed
sewers, inlets, water mains, easements, fire hydrants, railroads and
existing or confirmed streets.
(9)
Adjacent streets.
(10)
Zoning district in which property is located and required front
side and rear yard lines.
A.
Application. On reaching conclusions as recommended above regarding
the preapplication plans and objectives, the applicant shall prepare
and submit to the Township's Planning Commission Secretary all
required plans necessary for submittal to the Beaver County Planning
Commission for their review process. The data or plans submitted shall
consist of 15 copies and one original or duplicate reproducible tracing.
All data and plans shall be deposited with the Township's Planning
Commission Secretary a minimum of 21 calendar days preceding the date
of the Beaver County Planning Commission's regularly scheduled
monthly meeting.
B.
Planning Commission review. The Planning Commission shall review
the preliminary plans and prepare a written report for the Board of
Supervisors. The report shall contain recommendations for approval,
conditional approval or disapproval with specific reasons for the
recommended action. No report or recommendation shall be prepared
prior to receipt of the Beaver County Planning Commission's recommendations
or expiration of the forty-five-day time period granted for county
reviews.
C.
Prior to finalization of the written report, the Planning Commission
may schedule a special conference mutually convenient to the applicant
and the Planning Commission for consideration of the preliminary plan.
If within 40 days of receipt of the preliminary plan, a mutually convenient
date for such meeting cannot be established with the applicant, consideration
of the preliminary plan shall be conducted at a regular meeting of
the Planning Commission.
D.
The applicant and all Planning Commission members shall be given
at least seven days' written notice of such meeting, the notice to
contain time, place, date and agenda schedule.
E.
At the Planning Commission meeting when considering the preliminary
plats, the applicant shall be given an opportunity to discuss any
matters in the preliminary plat which might assist the Planning Commission
in making its recommendation to the Board of Supervisors.
F.
Following the completion of the special conference, when such conference
is scheduled and unless withdrawn by the applicant at the conference,
the Planning Commission shall, within five working days after the
meeting, issue its written report to the Board of Supervisors.
G.
Action of Board of Supervisors. The Board of Supervisors shall render
its decision on the preliminary plat and communicate such decision
to the applicant not later than 90 days following the date of the
regular meeting of the Planning Commission next following the date
a completed application was filed, provided that where the next regular
meeting occurs more than 30 days following the filing of a completed
application, said ninety-day period shall be measured from the 30th
day following the date the application was filed. Said schedule shall
be maintained where a final order of the court has resulted in the
remand of an application.
(1)
The decision of the Board of Supervisors shall be in writing and
shall be communicated to the applicant personally or mailed to him
at his last known address not later than 15 days following the decision.
(2)
When the application is not approved in terms as filed, the decision
shall specify the defects found in the application and describe the
requirements which have not been met and shall, in each case, cite
to the provisions of the statute or ordinance relied upon.
(3)
Failure of the Board of Supervisors to render a decision and communicate
it to the applicant within the time and in the manner required herein,
after receipt of all information necessary to render such opinion
as required by this article, shall be deemed an approval of the application
in terms as presented unless the applicant has agreed, in writing,
to an extension of time or change in the prescribed manner of presentation
of communication of the decision, in which case, failure to meet the
extended time or change in manner of presentation of communication
shall have like effect.
(4)
Failure on the part of the applicant to supply all data necessary
for review and recommendation as required by this article shall constitute
an incomplete application, and as such is not to tie time constraints
imposed elsewhere in this section.
H.
Nature of approval. Approval of a preliminary plan shall not constitute
approval of a final plan, but rather an expression of approval of
the layout submitted on the preliminary plan as a guide to the preparation
of the final plan. Granting of a preliminary approval shall not qualify
a plan for recording, nor authorize development or the issuing of
any building permits.
Preliminary plans and data shall include but not be limited
to the following:
A.
The preliminary plat shall be drawn at a scale of 100 feet to the
inch or greater.
B.
The plat shall show or be accompanied by the following information:
(2)
Names and addresses of the owner or owners of the property.
(3)
Name of which the subdivision will be recorded.
(4)
North point, written and graphic scale, and date.
(5)
Name of professional regional engineer or the professional land surveyor
who surveyed the property and prepared the plat.
(6)
Tract boundaries with bearings, distances, and total area in acres,
and area in acres of each proposed lot.
(7)
Tract closures with an allowable error of not greater than 1 to 10,000.
(8)
Contours at vertical intervals of five feet, or in the case of relatively
level tracts, at such lesser interval as may be necessary for satisfactory
study and planning of the tract.
(9)
Datum to which contour elevations refer. Where reasonably practicable,
data shall refer to known, established elevations.
(10)
Show all existing watercourses, wetlands, banks, tree masses,
and other significant natural feature.
(11)
Identify any floodplain, flood hazard area, flood-prone area
as established by the Federal Emergency Management Agency.
(12)
Show location and size of all existing buildings; location,
size and invert elevation of all sanitary and storm sewers; and location
of all manholes, inlets, culverts and bridges, water mains, gas mains,
fire hydrants, telephone conduit lines, and other significant man-made
features.
(13)
All existing streets on or adjacent to the tract, including
name, right-of-way widths and cartway width and type of improvement
materials used on the cartway.
(14)
All existing streets property lines, easements and rights-of-way,
and the purpose for which the easements of right-of-way have been
established.
(15)
Location and width of all proposed streets, alleys, rights-of-way,
and easements, proposed lot lines with approximate dimensions, proposed
minimum setback on building lines for each street on lot; playgrounds,
dedicated or reserved for public use.
(16)
The preliminary plat shall show the names of owners, Beaver
County Tax Parcel Number and deed reference of all abutting unplotted
land and the names of abutting subdivisions, when subdivision names
need to be shown.
(17)
Where the preliminary plat covers only a part of the applicant's
entire holding, a sketch shall be submitted of the prospective street
layout of the remainder of the land.
(18)
A plan of the proposed water distribution system for review
and approval by the appropriate authority or a plan showing the location
of individual wells.
(19)
A plan of the proposed sanitary sewer collection system or treatment
facilities, when proposed, will be required for review and approval
of the appropriate authority.
(20)
Preliminary plat shall show the zoning boundaries, if any, that
traverse or are within 300 feet of the area covered by the plan.
(21)
Preliminary plat shall show such street extensions or spurs
as are reasonably necessary to provide adequate street connections
and facilities to adjoining or contiguous developed or undeveloped
areas.
(22)
Subsurface condition (whether undermined, etc.) of the tract
to be subdivided or developed.
(23)
Profiles showing existing ground and proposed street center
line grades.
(24)
Typical cross section of roadways and sidewalks showing sanitary
and stormwater sewers, water mains, gas, electric and telephone utilities.
(25)
The applicant shall provide such additional information as may
be required by the Planning Commission, Board of Supervisors, Zoning
Officer, Township Engineer, or other Township agency or organization
in order to more fully evaluate the proposed subdivision and its effect
on adjacent property or the Township as a whole.
(26)
A utility plan of the proposed gas, electric and telephone systems
for review and approval, with written approval from the appropriate
utility company.
(28)
A plan for the collection, conveyance and discharge of all stormwater.
The applicant shall further provide all information and plans necessary
to indicate that the existing off-site watercourse and drainage system
is adequate to accommodate the proposed stormwater increase resulting
from the proposed subdivision or a plan for improving said system
to meet the increased flow demands.
(29)
The location off all proposed recreational facilities.
(30)
The tax parcel numbers of the original facilities.
(31)
Identify owners' names, tax parcel number and instrument of
ownership of abutting properties.
The preliminary plan shall be accompanied by the following supplementary
data:
A.
A planning revision module for land development as required by the
Pennsylvania Department of Environmental Protection.
B.
Plan for the control of erosion and sedimentation for review by the
County Conservation District Office, as required by the Pennsylvania
Clean Streams Law or 25 Pa. Code Chapter 102, Erosion Control, of
the Rules and Regulation of the Pennsylvania Department of Environmental
Protection.
C.
Typical street cross-section drawings for all proposed streets.
D.
Profile sheets of all proposed streets and improvements with the
following information:
(1)
Existing and finished profile along center line of proposed street.
(2)
Finished grade at fifty-foot stations located along the center line
of the proposed street, all vertical curve elevations information,
length, including beginning and ending elevations, high and low points
located along said vertical curve.
(3)
Finished profile for all sanitary sewers, stormwater sewers and water
lines with stations, identification numbers, invert and top elevations,
size and type of materials and percent of slope of each utility proposed.
(4)
The sight distance for all vertical curves shall be identified on
the street profiles.
E.
Written report from the municipal water and sewer authority on the
availability of public water and sewer service to proposed development.
F.
If connection to a public water or sewage system is not proposed,
a report shall be submitted, prepared in accordance with the requirement
and procedures of the Pennsylvania Department of Environmental Protection,
as to how these utilities are proposed to be furnished.
G.
Where the land included in the subject application has an electric
transmission line, a gas pipeline or a petroleum products transmission
line, or other utility service facilities located with the tract,
the application shall be accompanied by a letter from the owner or
lessee of such right-of-way/facilities stating any conditions on the
use of the land and the minimum building setback and/or right-of-lines
required by such owner or lessee of such right-of-way/facilities.
This requirement may be satisfied by submitting a copy of any recorded
agreement containing such information.
In order that the general welfare and environmental and health
of the residents and citizens of the Township may be protected, the
following information shall be submitted regarding the disposal and
treatment of sanitary sewerage adhered to:
A.
In areas where municipal sewerage facilities are installed or plans
for installation are in progress, the proposed subdivision or land
development shall be connected into such municipal sewerage system,
and plans and agreements for such connection shall be submitted to
the Township.
B.
In areas where municipal sewerage facilities do not exist, or plans
for the same are not in progress, or soon to be programmed, and, where
in the opinion of the Township Engineer, the scale of the subdivision
or land development is sufficiently great, or where the soil classification
and conditions on the site are not conducive to the installation of
on-lot sewage disposal systems consisting of septic tanks, subsurface
leaching fields and related facilities, etc., the Township shall require
the applicant or developer to submit design plans, provisions and
written agreements guaranteeing the construction of a sanitary sewerage
system, including disposal and treatment and subject to the approval
of the Township and the Pennsylvania Department of Environmental Protection
and any other review agencies with jurisdiction. Provisions for sewers
and sewage treatment facilities or the guarantee thereof shall be
prerequisite to preliminary plat, plan or development approval.
C.
In areas and locations where on-lot sewage disposal systems are proposed
(as septic tanks and leaching field), the Township shall require the
applicant or developer to submit a completed planning module in accordance
with the Pennsylvania Sewage Facilities Act 537,[1] as amended, and 25 Pa. Code Chapter 71.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
D.
Unsatisfactory soil percolation tests for the installation of individual
on-lot sewage disposal systems shall be cause for the Township to
disapprove the plan of land subdivision and refuse the issuance of
a building permit.
E.
Incomplete or unsatisfactory provisions, agreements or guarantees
providing for the construction of the required sanitary sewerage system
and sanitary sewerage treatment facilities shall be cause for the
Township to disapprove the plan of land subdivision and refuse the
issuance of a building permit.
The Township's approval of the preliminary plat of subdivision
shall in no manner constitute approval of the final plats of subdivision,
but only an authorization to prepare and submit final plans to the
Township for its consideration and approval.
Upon approval of the preliminary plat, the developer shall submit
an application for approval of a final plat. The application shall
be submitted to the Planning Commission Secretary 15 days prior to
a regular meeting of the Planning Commission and shall include one
original (on Mylar or its equivalent) plus five copies.
A.
Specifications for final plan. For any subdivision requiring final
approval, the plats submitted:
(1)
Shall be drawn and submitted on Mylar or its equivalent.
(2)
Shall be drawn and submitted with all information presented in the
manner and to the extent required in the "Darlington Township Standard
Drawings and Specifications for Construction."
(3)
Subdivision plans/land developments must be one of two sizes to be
accepted for recording by Recorder of Deeds Office, 18 inches by 24
inches or 22 inches by 34 inches. Anything larger will be subject
to additional recording fees. Where necessary to avoid sheets larger
than the maximum size prescribed above, final plats shall be drawn
in two or more sections accompanied by a key diagram showing relative
location of the sections.
(4)
Shall be drawn with waterproof ink and all records, data entries,
statements, etc., thereon shall also be made with the same type of
ink or reproducible typing.
(5)
Shall be drawn to a scale of 100 feet to the inch or larger; more
than one sheet may be used for larger tracts and must be indexed.
(6)
Shall contain a title block in the lower right hand corner with the
following information:
(a)
Name under which the subdivision plat is to be recorded.
(b)
North point, written and graphic scale and date.
(c)
Name of the recorded owner and applicant.
(d)
Municipality in which the subdivision is located.
(e)
Name, address and seal of the registered professional surveyor
preparing the plat.
(7)
Certificate of ownership, including name of owner of record, deed
book volume, date of instrument and date of records.
(8)
Outside of the subdivision all final plats submitted shall be drawn
according to the following:
(9)
Within the subdivision all final plats shall be drawn according to
the following:
B.
Final plat. All final plats submitted shall show the following information:
(1)
Primary control points, or permanent monuments or description and
ties to such control points or monuments, to which all dimensions,
angles, bearings, and similar data shall be referred.
(2)
Accurate description shown by bearings and dimensions in feet and
hundredths of a foot shall be shown on all tract boundary lines, streets,
easements and right-of-way lines, property lines of lots, tangent
bearings, deflection angles, radii, arcs and central angles of all
curves and tangent distances between curves. The error of closure
for all descriptions subject to approval shall not exceed one foot
to 10,000 feet.
(3)
Name and right-of-way width of each street or right-of-way.
(4)
Location, dimensions and purpose of all easements in or across the
subdivision plat.
(5)
Number to identify each lot, site or parcel of land.
(6)
Purpose for which sites other than residential are to be dedicated.
(7)
Building setback line on all lots and tracts.
(8)
Location and description of survey monuments.
(9)
Names of recorded owner of adjoining unplotted land.
(10)
Certification of registered professional engineer or professional
land surveyor who prepared the plat certifying to the accuracy of
the survey and plat.
(11)
Certification of title showing that the applicant is the owner
of the tract or land proposed to be subdivided.
(12)
Statement by the owner dedicating the streets, the right-of-way,
easements and any areas for public use.
(13)
Such other certificates, bonds, affidavits, endorsements or
dedications as may be required to process the application for subdivision
approval.
(14)
If applicable, a notation on the plat that access to a commonwealth
highway shall only be authorized by a highway occupancy permit issued
by the Pennsylvania Department of Transportation under Section 420
of the State Highway Law (P.L. 1242, No. 428 of June 1, 1945).[1]
[1]
Editor's Note: See 36 P.S. § 670-420.
(15)
Attestation by the applicant stating that the applicant is the
owner of the tract of land proposed to be subdivided or developed.
C.
Submitted with the final plan shall be the following when applicable:
(1)
Protective covenants, if any, in form for recording.
(2)
Certification blocks for the appropriate governing and planning bodies.
(3)
A written agreement guaranteeing that all construction, improvements
and facilities as required by the terms of this chapter and by the
Township shall be constructed, installed, improved and completed by
the applicant within a period of time as may be stipulated by the
Township.
(4)
Deposit with the Township of a corporate surety bond, or other security
acceptable to the Township in an amount sufficient to cover the costs
of any construction, installation and improvements which may be required
by the Township.
(5)
The submittal by the applicant and/or developer of the written agreement
and the corporate surety bond guaranteeing the completion of the improvements
are a prerequisite to the Township's granting of final approval
of any plan of subdivision.
(6)
Profiles showing existing ground and proposed center line street
grades.
(7)
Typical cross sections of roadways and sidewalks.
(8)
Sizes of water pipes and location of valves and fire hydrants.
(9)
Location of manholes, invert elevations, grades and sizes of sanitary
sewer lines.
(10)
Name and right-of-way width of each street or right-of-way,
proposed or existing.
(11)
Location, dimensions and purpose of all recorded easements.
(12)
Number to identify each lot or site.
D.
Planning Commission review and action. The Planning Commission shall
review the final plats and prepare a written report for the Board
of Supervisors. The report shall contain recommendations for approval,
conditional approval or disapproval with specific reasons for the
recommended action.
(1)
Prior to finalization of the written report, the Planning Commission
may schedule a special meeting mutually convenient to the applicant
and the Planning Commission for consideration of the final plat. If
within 40 days of receipt of the final plat, a mutually convenient
date for such meeting cannot be established with the applicant, consideration
of the final plat shall be conducted at a regular meeting of the Planning
Commission.
(2)
The applicant and all Planning Commission members shall be given
seven days' written notice of such meeting, the notice to contain
the time, place, date and agenda schedule. At the Planning Commission
meeting when considering the final plats, the applicant shall be given
an opportunity to discuss any matters in the final plat which might
assist the Board of Supervisors.
(3)
Following completion of the special conference, when such conference
is scheduled and unless withdrawn by the applicant at the conference,
the Planning Commission shall, within five working days after the
meeting, issue its written report to the Board of Supervisors.
E.
Action of Board of Supervisors. The Board of Supervisors shall render
its decision on the final plat and communicate its decision to the
applicant not later than 90 days following the date of the regular
meeting of the Planning Commission next following the date a completed
application was filed, provided that where the next regular meeting
occurs more than 30 days following the filing of a completed application,
said ninety-day period shall be measured from the 30th day following
the date the application was filed. Said schedule shall be maintained
where a final order of the court has resulted in the remand of an
application.
(1)
The decision of the Board of Supervisors shall be in writing and
shall be communicated to the applicant personally or mailed to him
at his last known address not later than 15 days following the decision.
(2)
When the application is not approved in terms as filed, the decision
shall specify the defects found in the application and describe the
requirements which have not been met and shall, in each case, cite
to the provisions of the statute or ordinance relied upon.
(3)
Failure of the Board of Supervisors to render a decision and communicate
it to the applicant within the time and in the manner required herein
shall be deemed an approval of the application in terms as presented
unless the applicant has agreed, in writing, to an extension of time
or change in the prescribed manner of presentation of communication
of the decision, in which case, failure to meet the extended time
or change in manner of presentation of communication shall have like
effect.
(4)
From the time an application for approval of a plat, whether preliminary
or final, is duly filed as provided in this chapter, and while such
application is pending approval or disapproval, no change or amendment
of the zoning, subdivision or other governing ordinance or plan shall
affect the decision on such application adversely to the applicant,
and the applicant shall be entitled to a decision in accordance with
the provisions of the governing ordinances or plans as they stood
at the time the application was duly filed. However, if an application
is properly and finally denied, any subsequent application shall be
subject to the intervening change in governing regulations. When an
application for approval of a final plat has been approved or approved
subject to conditions acceptable to the applicant, no subsequent change
or amendment in the zoning, subdivision or other governing ordinance
or plan shall be applied to affect adversely the right of the applicant
to commence and to complete any aspect of the approved development
in accordance with the terms of such approval within three years from
such approval. Where final approval is preceded by preliminary approval,
the three-year period shall be counted from the date of the preliminary
approval. In the case of any doubt as to the terms of a preliminary
approval, the terms shall be construed in the light of the provisions
of the governing ordinances or plans as they stood at the time when
the application for such approval was duly filed.
(5)
Before acting on any subdivision plat the Board of Supervisors or
the Planning Commission may hold a public hearing thereon after public
notice.
F.
Title certificate. No final plat shall be approved by the Board of
Supervisors unless a certificate of title or other proof of a proprietary
interest in the land on the part of the applicant satisfactory to
the Board of Supervisors is furnished.
G.
Application fee. At the time of filing of an application for subdivision
approval, the applicant shall pay to the Board of Supervisors for
use by the Township a fee to defray the cost of processing such plats.
In the combination or recombination of lots or portions of previously
plotted lots, when the resultant lots are increased in street frontage
and total area size, so that they reach or exceed the standards of
this chapter, and the street pattern is in conformity to the Township's
Comprehensive Plan, the procedures and regulations heretofore described
shall be followed except as they may be modified on application to
the Planning Commission.
Plans and data involving such subdivisions shall include but
not be limited to the following:
A.
The provisions of § 147-15 may be waived, in writing, for such subdivisions and the following requirements will become applicable.
(1)
The proposed plan shall be drawn at a scale of one inch equals 100
feet or greater (though not less than one inches equals 100 feet).
(2)
The proposed plan shall be legibly drawn on Mylar or comparable permanent
material of at least 18 inches by 24 inches and not to exceed 22 inches
by 34 inches.
(3)
The plan shall show or be accompanied by the following:
(a)
Description of covenants.
(c)
Proposed use of the land.
(d)
Lot lines, dimensions and land area of proposed lot. Also, the
area remaining in the original parcel.
(e)
Existing and proposed streets, alleys and/or easements on or
adjacent to the tract.
(f)
Available utilities (if public sewer and water source and sewage
disposal system should be indicated).
(g)
Statement by the owner dedicating streets and rights-of-way
for public use.
(h)
Names of abutting property owners.
(i)
Beaver County tax parcel numbers.
B.
Preliminary and final plans. Conformance to the above requirements
may replace the preliminary and final plan requirements.
