All subdivisions, as defined by this chapter, shall be subject
to the following procedures for approval.
A.
Planning Commission review.
(1)
At the first regular meeting of the Planning Commission after the
date of filing of a preliminary application, the Planning Commission
shall either accept the application as properly filed or return the
application to the applicant for resubmission if the application is
found to be incomplete or improperly filed based on the Township Engineer's
review. The date of the Planning Commission meeting at which the preliminary
application is accepted as complete and properly filed shall be the
official filing date of the application and shall represent the beginning
of the sixty-day period for Planning Commission review and action
on the application.
(2)
The Township Engineer shall present a written report at the Planning
Commission meeting which states whether an application meets the requirements
of this chapter for content of a preliminary application, and that
report shall be included in the minutes at the Planning Commission
meeting. The Planning Commission shall not make a recommendation to
the Board of Commissioners on the preliminary plat until the report
of the Township Engineer regarding completeness of the application
has been received or 30 days from the official date of filing has
passed.
B.
Planning Commission approval of preliminary plat. Within 60 days
of the official date of filing of the preliminary application, the
Planning Commission shall make a written recommendation to the Board
of Commissioners for approval, approval with conditions or disapproval
of the preliminary application, including the preliminary plat. The
Planning Commission shall not make its recommendation until the review
has been received from the Allegheny County Planning Department or
until 30 days has passed since the date that the application was submitted
to the County for review. The recommendation of the Planning Commission
shall provide reasons for the recommendation and, in the case of disapproval,
shall cite the specific requirements of this chapter which have not
been met.
C.
Board of Commissioners' action.
(1)
Within 90 days of the official date of filing of the preliminary
application, the Board of Commissioners shall either approve, approve
with conditions or disapprove the preliminary application at a public
meeting. The recommendation of the Planning Commission and the Planning
Commission minutes containing the report of the Township Engineer
shall be made a part of the record at that meeting.
(2)
A letter indicating approval, approval with conditions or disapproval
shall be sent to the applicant by regular mail within 15 days of the
date of the decision. If the preliminary application is not approved,
the Board of Commissioners shall specify the defects found in the
preliminary application and cite the requirements of this chapter
which have not been met.
D.
Conditional approval. If the Board of Commissioners determines that certain conditions are warranted to be attached to preliminary approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by § 250-15C of this chapter. The applicant shall accept or reject the conditions attached to preliminary approval by giving written notice to the Township Zoning Officer within 30 days of the date of the meeting of the Board of Commissioners at which preliminary approval is granted. If the applicant fails to give written notice to the Township regarding acceptance or rejection of the conditions attached to preliminary approval within the required 30 days, preliminary approval shall automatically be rescinded with written notice to the applicant.
A.
Final applications including final plat approval.
(1)
At the first regular meeting of the Planning Commission after the
date of filing of a final application, the Planning Commission shall
either accept the application as properly filed or return the application
to the applicant for resubmission if the application is found to be
incomplete or improperly filed based on the Township Engineer's
review. The date of the Planning Commission meeting at which the final
application is accepted as complete and properly filed shall be the
official filing date for the application and shall represent the beginning
of the sixty-day period for Planning Commission review and action
on the application.
(2)
The Township Engineer shall present a written report at the Planning
Commission meeting which states whether the application meets the
requirements of this chapter for content of a final application, and
that report shall be included in the minutes of the Planning Commission
meeting. The Planning Commission shall not make a recommendation to
the Board of Commissioners on the final application until the report
of the Township Engineer regarding completeness has been received
or 30 days from the date of official filing has passed.
B.
Planning Commission recommendation for final plat.
(1)
Within 60 days of the official date of filing of the application,
the Planning Commission shall make a written recommendation to the
Board of Commissioners for approval, approval with conditions or disapproval
of the final application, including the final plat.
(2)
The recommendation of the Planning Commission shall provide reasons
for the recommendation and, in the case of a recommendation for disapproval,
shall cite the specific requirements of this chapter which have not
been met.
C.
Board of Commissioners' action.
(1)
Within 90 days of the official date of filing of the final application,
the Board of Commissioners shall either approve, approve with conditions
or disapprove the final application at a public meeting. The Planning
Commission's recommendation and the Planning Commission minutes
containing the report of the Township Engineer shall be made a part
of the record at that meeting.
(2)
A letter indicating approval, approval with conditions or disapproval
shall be sent to the applicant by regular mail within 15 days of the
date of the decision. If the final application is not approved, the
Board of Commissioners shall specify the defect found in the final
application and cite the specific requirements of this chapter which
have not been met.
D.
Conditional approval. If the Board of Commissioners determines that certain conditions are warranted to be attached to final approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by § 250-16C of this chapter. The applicant shall accept or reject the conditions attached to final approval either by giving written notice to the Township Zoning Officer or by executing the development agreement required by § 250-20 of this chapter within 30 days of the date of the meeting of the Board of Commissioners at which final approval is granted. If the applicant fails to give written notice to the Township regarding acceptance or rejection of the conditions attached to final approval or fails to execute the development agreement within the required 30 days, final approval shall automatically be rescinded without written notice to the applicant.
E.
Final applications without final plat approval. Final applications without final plat approval shall be approved or disapproved in accordance with the procedures specified in § 250-16A, B and C for final application including final plat approval. If the developer's final application has obtained all necessary permits and approvals from the Township and county, state or federal agencies, if any are required, the developer may proceed to construct improvements as indicated in the final application 72 hours after the developer has notified the Township Engineer by certified mail. The Township Engineer shall then authorize the inspection required by § 230-30 of this chapter. The installation of all improvements shall be subject to the inspection required by § 230-30.
F.
Final plat approval after completion of improvements.
(1)
Upon completion of the improvements contained in the final application, the developer shall notify the Township, in writing, of the completion and shall submit five copies of the final plat, as required by § 250-13K of this chapter, with the notice of completion. Within 10 days of the receipt of the notice of completion and submission of the final plat, the Board of Commissioners shall authorize the Township Engineer to inspect the improvements and review the final plat to determine whether the final plat is in conformance with the previously approved final application and all applicable requirements of this chapter and whether the proper officers of the Township can affix their signatures to the final plat for recording purposes.
(2)
Within 30 days of receiving such authorization, the Township Engineer shall report to the Board of Commissioners, in writing, whether the completed improvements comply with the requirements of this chapter and the Township Public Improvements Code and whether the final plat complies with all applicable requirements of this chapter. The Township Engineer's report shall indicate approval or rejection of the improvements, either in whole or in part and, in the case of rejection, shall contain a statement of reasons for such rejection. Within 45 days of receipt of the notice of completion of improvements, the Board of Commissioners shall notify the developer, in writing, by certified or registered mail, of the approval or rejection of the improvements. Acceptance of the improvements shall be in accordance with the requirements of § 250-34 of this chapter and shall be further subject to the posting of the maintenance bond required by § 250-35 of this chapter.
(3)
Within 45 days of the submission of the final plat, the Board of
Commissioners shall either approve or disapprove the final plat for
recording purposes at a public meeting. The Township Engineer's
written report shall be made a part of the record at that meeting.
A letter indicating approval or disapproval shall be sent to the developer
by regular mail within 15 days of the date of the decision. If the
final plat is not approved, the Board of Commissioners shall specify
the defects found in the final plat and shall cite the requirements
of this chapter which have not been met.
G.
Phased approval.
(1)
In the case where development of a subdivision or land development
is projected over a period of years, the Township authorizes submission
of final application by sections or phases of development, subject
to such requirements or guarantees for public improvements in future
sections or phases of the development which are essential for the
protection of the public welfare and any existing or proposed section
or phase of the plan.
(2)
All sections or phases shall conform to the preliminary application as previously approved by the Township. Any phase that contains substantive changes in the number of lots or buildings proposed or in the layout of the lots, buildings or streets previously approved in the preliminary application shall require complete submission of the preliminary application in accordance with §§ 250-10 and 250-11 of this chapter.
(3)
If the first section or phase of a plan granted preliminary approval
is not submitted for final approval within 12 months of the date that
preliminary approval is granted by the Board of Commissioners, preliminary
approval shall expire automatically without notice to the applicant
or current landowner.
A.
The Township may offer the mediation option as an aid in completing
the proceedings authorized by this article. Mediation shall supplement,
not replace, those procedures in this article once they have been
formally initiated. Nothing in this section shall be interpreted as
expanding or limiting Township police powers or as modifying any principles
of substantive law.
B.
Participation in mediation shall be wholly voluntary. The appropriateness
of mediation shall be determined by the particulars of each case and
the willingness of the parties to negotiate. In offering the mediation
option, the Board of Commissioners shall assure that, in each case,
the mediating parties, assisted by the mediator as appropriate, develop
terms and conditions for:
(1)
Funding mediation.
(2)
Selecting a mediator who, at a minimum, shall have a working knowledge
of municipal zoning and subdivision procedures and demonstrated skills
in mediation.
(3)
Completing mediation, including time limits for such completion.
(4)
Suspending time limits otherwise authorized by this chapter or in
the Pennsylvania Municipalities Planning Code (Act 247, as amended),
provided there is written consent by the mediating parties, and by
an applicant or Township decisionmaking body if either is not a party
to the mediation.
(5)
Identifying all parties and affording them the opportunity to participate.
(6)
Subject to legal restraints, determining whether some or all of the
mediation sessions shall be open or closed to the public.
(7)
Assuring that mediated solutions are in writing and signed by the
parties and become subject to review and approval by the appropriate
decisionmaking body pursuant to the authorized procedures set forth
in this chapter.
C.
No offers or statements made in the mediation sessions, excluding
the final written mediated agreement, shall be admissible as evidence
in any subsequent judicial or administrative proceedings.
When requested by the developer in order to facilitate financing,
the Board of Commissioners shall furnish the developer with a signed
copy of a resolution indicating approval of the final plat contingent
upon the developer obtaining a satisfactory financial security. The
final plat shall not be signed nor 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 days, unless a written extension
is granted by the Board of Commissioners. Such extension shall not
be unreasonably withheld and shall be placed in writing at the request
of the developer.
A.
In lieu of the completion of any improvement required prior to and
as a condition for final approval of a plat, the applicant shall deposit
a completion bond, as defined by this chapter, in favor of the Township,
in an amount equal to 110% of the cost of completion of the improvements
estimated as of 90 days following the date scheduled for completion
by the developer. Annually, the Township may adjust the amount of
the completion bond by comparing the actual cost of the improvements
which have been completed and the estimated costs for the completion
of the remaining improvements as of the expiration of the 90th day
after either the original date scheduled for completion or a rescheduled
date of completion. Subsequent to said adjustment, the Township may
require the developer to post additional security in order to assure
that the completion bond equals said 110%. Any additional security
shall be posted by the developer in accordance with this section.
B.
The amount of the completion bond required shall be based upon an
estimate of the cost of completion of the required improvements submitted
by an applicant or developer and prepared by a professional engineer
licensed as such in this commonwealth and certified by such engineer
to be a fair and reasonable estimate of such cost. The Township, upon
the recommendation of the Township Engineer, may refuse to accept
such estimate for good cause shown. If the applicant or developer
and the Township are unable to agree upon an estimate, then the estimate
shall be recalculated and recertified by another professional engineer
licensed as such in this commonwealth and chosen mutually by the Township
and the applicant or developer. The estimate certified by the third
engineer shall be presumed fair and reasonable and shall be the final
estimate. In the event that a third engineer is so chosen, fees for
the services of said engineer shall be paid equally by the Township
and the applicant or developer.
C.
If the party posting the completion bond requires more than one year
from the date of posting of the completion bond to complete the required
improvements, the amount of the completion bond may be increased by
an additional 10% for each one-year period beyond the first anniversary
date from posting of the completion bond or to an amount not exceeding
110% of the cost of completing the required improvements as reestablished
on or about the expiration of the preceding one-year period by using
the above procedure.
A.
As a condition of granting final approval of a subdivision or land
development which requires the installation of public improvements
or to which conditions are attached to the grant of final approval,
the Board of Commissioners shall require that the developer execute
a development agreement with the Township, in a form acceptable to
the Township Solicitor, containing any conditions attached to the
approval of the plan and provisions that are reasonably required to
guarantee the proper installation of public improvements and common
amenities required by this chapter related to the subdivision and/or
land development and provisions necessary to indemnify the Township
in connection therewith. A copy of the development agreement shall
be filed with the Planning Commission for its records.
B.
The plan for recording shall contain the following notation: "This
plan is approved subject to a development agreement which is on file
in the Township office."
C.
Said agreement shall be executed, the required completion bond shall
be posted and all required fees shall be paid before the Township
Secretary or, in his/her absence, the Assistant Township Secretary
shall affix his or her signature and the Township Seal to the final
plat for recording purposes. The final plat shall be signed by the
proper officers of the Township in the following order: first, the
Township Engineer; followed by the Township Planning Commission; then,
the Board of Commissioners; and finally, the Township Secretary.
Approval of final plats by the Board of Commissioners shall
not be binding if county, state or federal agencies find just cause
to disapprove the development. It shall be the developer's responsibility
to obtain all necessary approvals from county, state or federal agencies.
A.
Upon approval of the final plat by the Township, the developer shall,
within 90 days of such final approval, record such plat in the office
of the Allegheny County Recorder of Deeds.
B.
In the event that the plan has not been recorded within the required 90 days, the Chairman of the Board of Commissioners is authorized to reinstate the Township's approval for recording upon receiving a report from the Township Engineer that there are no changes in the subdivision or land development plan previously granted approval and all the requirements of this chapter regarding posting of a completion bond and execution of a development agreement have been met, and further provided the plan is submitted for reinstatement of approval within 90 days following the expiration of the original 90 days from the date of final approval. Any request for final approval which is submitted after 180 days from the day of the original granting of final approval shall be required to resubmit an application for final approval in conformance with the requirements of §§ 250-13 and 250-16 through 250-23 of this chapter.
[Amended 11-12-1990 by Ord. No. 10-1990]
Upon recording of the final plat in the office of the County
Recorder of Deeds, the developer shall deliver to the Township one
paper print of the final plat as recorded, containing all required
signatures and dates of approval. 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 Board
of Commissioners. Said deposit shall be returned to the applicant
when the Township receives a signed and recorded reproducible original
of the plan or when the applicant has officially withdrawn the application.
[Added 4-11-2005 by Ord. No. 4-2005]
A.
In the event that an applicant seeks approval of a simple subdivision, as defined in § 250-5 of this chapter, of an existing lot in the R-1 and R-2 Zoning Districts, then the applicant shall, except as set forth herein, comply with the application and approval procedures set forth in Article III, Application Requirements, and Article IV, Subdivision Approval Procedures, of this chapter.
B.
The applicant shall submit a complete application which shall consist
of the following specific items:
(1)
Completed application form;
(2)
Application filing fee; and
(3)
Twelve copies of a plat containing the following information:
(a)
A written legal description of the property, including metes
and bounds.
(b)
A field boundary survey prepared by a registered professional
surveyor of the total proposed subdivision to include the total tract.
(c)
The proposed name of the subdivision.
(d)
The name, address certification and seal of the registered professional
land surveyor who performed the field boundary survey and prepared
the plat.
(e)
The name and address(es) of the current landowner.
(f)
The names of all adjoining property owners.
(g)
A scale drawing of the layout of the lots, to include proposed
boundary by metes and bounds, lot numbers, area of the lots in square
feet, and zoning district front, side and rear setback lines.
(h)
Front building lines.
(i)
The graphic scale, North point and date.
(j)
A location map showing the plan name and location, existing
roads, title, graphic scale and North point.
C.
The administrator shall refer the simple subdivision to the Township
Engineer and/or Solicitor for review. In such event, the applicant
shall be required to pay all fees, costs and expenses incurred by
the Township for such review, as such fees are imposed in accordance
with the approved fee schedule for consultants of the Township.
