A.
Approval of phased plans. If the proposed subdivision
or land development is planned to be completed in two or more phases
over a reasonable number of years, the governing body may authorize
submission of final plats and plans which are in compliance with all
other sections of this chapter in sections or phases of development,
provided that the governing body mandates completion of all required
improvements or appropriate requirements and completion guaranties
for and in future sections or phases of development as it finds reasonable
for the public's protection before granting final approval to the
first section or phase of the subdivision or land development which
is to be developed.
B.
Waivers and modifications. The Board of Supervisors
shall have the authority to grant modifications to any of the requirements
of this chapter, provided that the following procedures and requirements
are met. Any request for a variance to any requirement of the Township
Zoning Ordinance[1] shall not be within the jurisdiction of the Board of Supervisors
and shall be referred to the Zoning Hearing Board for disposition.
(1)
Modifications in cases of physical hardship. In any
particular case where the applicant can show by plan and written statement
that, by reason of topographic or other physical conditions, the literal
enforcement of any requirement of this chapter would exact undue hardship
because of peculiar conditions pertaining to the land in question,
the Board of Supervisors may modify such requirements to the extent
deemed just and proper, so as to relieve such hardship, provided that
such modification will not be contrary to the public interest and
that the intent and purpose of this chapter is observed.
(2)
Modifications to allow equal or better specifications.
When an equal or better specification is available to comply with
the Township improvement specifications or design standards of this
chapter, the Board of Supervisors may make such reasonable modifications
to such requirements of this chapter to allow the use of the equal
or better specification, upon recommendation of the Township Engineer.
In approving such modification, the Board of Supervisors may attach
any reasonable conditions, which may be necessary to assure adequate
public improvements and protect the public safety.
(3)
Procedures for authorizing modifications.
(a)
Any request for a modification to this chapter
authorized by this section shall be submitted, in writing, by the
applicant as part of the application of a preliminary or final application,
stating the specific requirements of this chapter which are proposed
to be modified, the grounds and facts of unreasonableness or hardship
on which the request is based and the minimum modification deemed
necessary.
(b)
The request for a modification to this chapter
shall be considered by the Board of Supervisors at a public meeting.
The Board of Supervisors may hold a public hearing pursuant to public
notice prior to making a decision on the request for a modification.
(c)
Requests for modifications shall be first reviewed
by the Planning Commission. The Planning Commission recommendation
shall be entered into the official record of the Board of Supervisors
meeting.
(d)
The Board of Supervisors shall keep a written
record of all actions on all requests for modification and the reasons
relied upon by the Board of Supervisors in approving or disapproving
the request for a modification shall be entered into the minutes of
the meeting. Any decision, resolution, or ordinance adopted governing
an application, which contains a request for a modification shall
include reference to the modification and the reasons for approval
or disapproval.
C.
Judicial review. Any decision of the governing body
granting or denying preliminary or final approval of a subdivision
plan shall be subject to appeal in court in the same manner and within
the same time limitation as provided for zoning appeals by the Pennsylvania
Municipalities Planning Code, as amended.
In addition to the power and authority vested
in the Planning Commission by other laws and ordinances, the Planning
Commission is hereby designated as a viewing authority of and for
the governing body and is charged with the duty of making investigations,
reports and recommendations on the design and improvement of proposed
subdivisions and land developments and to review and recommend to
the governing body for approval, conditional approval or disapproval
plats and plans of subdivisions and land development.
A.
Recording subdivisions.
(1)
A subdivision plan, which has been granted final approval,
shall be recorded by the landowner or his agent in the office of the
Recorder of Deeds of Allegheny County according to the provisions
of the Pennsylvania Municipalities Planning Code.
(2)
No plan of any subdivision or land development shall
be entitled to record in the office of the Recorder of Deeds of Allegheny
County or have any validity until it shall have been approved in the
manner prescribed herein. In the event that any such unapproved plan
is recorded, it shall be considered legally null, void, and as not
ever having been recorded. The governing body shall institute proceedings
to have the plan stricken from the records of the county.
B.
Revisions after final plan approval. No changes, erasures,
modifications or revisions shall be made in any plan of a subdivision
or land development after final approval has been given by the governing
body and endorsed in writing on the plan, unless said plan is first
resubmitted to the governing body.
C.
Sale of lots in subdivision. No lot in a subdivision
may be sold, no permit to erect, alter or repair any building upon
land in a subdivision, unless and until a subdivision plan has been
approved and, where required, recorded and until the improvements
required by the governing body in connection therewith have either
been constructed or guaranteed, as herein above provided. Where, owing
to special conditions, a literal enforcement of this provision would
result in unnecessary hardship, the governing body may make such reasonable
written exception thereto as will not be contrary to the public interest
and may permit the sale of a lot, issuance of a permit or erection
of a building, subject to conditions necessary to assure adequate
streets and other public improvements.
D.
Failure to develop. In the event that a subdivision
plan or section thereof is given final approval and thereafter the
landowner abandons such plan or section thereof that has been finally
approved and shall so notify the governing body in writing or in the
event that the landowner shall fail to commence and carry out the
development of the subdivision within two years after final approval
has been granted, no development or further development shall take
place on the property included in the subdivision plan until after
said property is resubdivided.
Commencement of development. No land development
shall commence until a final plan has been approved and recorded in
the Allegheny County Recorder of Deeds office and until all necessary
permits (Township, county, commonwealth or federal) have been received
for the same and proof thereof has been provided to the Township.
A.
Building or repair permits shall not be issued for
any structure on a lot in a subdivision or land development for which
a plan has not been approved and recorded in the manner prescribed
in this chapter and for which all other necessary permits have been
issued by the Township, county, commonwealth or federal agencies.
B.
No owner or agent of the owner of any land shall be
entitled to a permit for the installation of wells and septic tanks
upon any lots in a subdivision or land development for which a plan
has not been approved and recorded in the manner prescribed in this
chapter and for which all other necessary permits have been issued
by the Township, county, commonwealth or federal agencies.
The governing body shall designate, by resolution,
one or more persons to enforce the provisions of this chapter and
rules, regulations and fee schedules made in connection herewith,
including but not limited to the duties of examining applications
for compliance and inspecting actual construction.
Notification required by this chapter shall
be deemed to have been accomplished if it is personally delivered
to the residence or place of business of the applicant or mailed postage
paid, certified return receipt requested.
Time limits contained herein are to be strictly
construed but may be extended by mutual written agreement between
the Township, or any of its authorized officials or agencies, and
the applicant.
A.
The Township hereby defines its policy to be that
the Township will withhold all public improvements of whatsoever nature,
including the maintenance of streets and the furnishing of sewerage
facilities and water service, from all subdivisions and land developments
which have not been approved and from all areas dedicated to the public
which have not been accepted by the governing body in the manner prescribed
herein.
B.
Completion guaranty.
(1)
Guaranty of required improvements and dedication of
public improvements. Prior to the issuance of any Township permits
for the development of a subdivision or land development, a completion
guaranty in the form of a bond, cash deposit, certified check, other
negotiable securities, irrevocable letter of credit or other financial
security acceptable to the Township shall be filed, which covers all
streets, sanitary sewers, stormwater management facilities, water
systems, fire hydrants, sidewalks and other required improvements.
The guaranty shall:
(a)
Run to favor of the Township.
(b)
Be in the amount of 110% of the anticipated
cost of improvements as certified by the Township Engineer.
(c)
Be acceptable to the Township Solicitor.
(d)
Be part of an executed developer's agreement
between the Township and the subdivider/developer, which shall state
all conditions of approval and improvements, which the subdivider/developer
shall perform as part of a conditional approval. Such developer's
agreement shall be in a form and content approved by the Township
Solicitor and shall provide, among other things, that all required
approvals and permits for the development have been secured from all
appropriate Township, county, commonwealth and federal officials,
offices and agencies. Also, a written contractual commitment shall
be supplied by the applicant, approved by the Township Solicitor,
confirming that the applicant is binding itself not to cause any physical
change in the land or to any structure which requires prior approval
or the issuance of a permit, or both, from any governmental body or
agency until such permits and approvals are actually obtained and
authorizing the Township to obtain an immediate ex parte injunction
and such other remedies as the Township deems appropriate against
the applicant, its agents and contractors in the Court of Common Pleas
of Allegheny County if said work is commenced without such permits
and approvals. Such developer's agreement shall further specify that
the subdivision or land development shall be completed and maintained
in the manner approved in the final plan and on the time schedule
agreed upon and shall specify remedies for failure to comply.
(2)
Release of completion guaranty. Bonds, cash, checks
or securities filed as a completion guaranty shall be returned or
released upon written certification by the Township Engineer or a
designated agent that improvements and facilities have been satisfactorily
installed and completed in accordance with all applicable standards
and specifications and that all required fees have been paid. A report
on any requested release or return of a completion guaranty shall
be prepared by the Engineer within 30 days after authorization to
do so has been received pursuant to the provisions of Section 510
of the Pennsylvania Municipalities Planning Code (53 P.S. § 10510)
and the procedures for effecting the release of such completion guaranty
shall be as set forth therein.
(3)
Default of completion guaranty. If improvements are
not installed and completed within two years of the date of recording
for the plat or do not comply with the standards and specifications
of this chapter, the Township may proceed to complete the improvements
and facilities and may use whatever proceeds from bonds, cash deposits,
checks or securities as are required to meet the expense of completing
such improvements.
(4)
Dedication of public improvements. When streets, sanitary
sewers, storm drainage facilities, waterlines or other required improvements
in the subdivision or land development have been completed in accordance
with this chapter and an approved subdivision and land development
plan for the development site, such improvements shall be deemed private
until such time as they have been offered for dedication to the Township
and accepted by separate ordinance or resolution or until they have
been condemned for use as a public facility. Prior to the acceptance
of any improvement, the Township Engineer shall inspect it to ensure
that it is constructed in accordance with the approved plan and is
functioning properly. In the case of any stormwater control facility,
it must be free of sediment and debris. In addition, the developer
shall submit as-built plans of all facilities proposed for dedication.
(5)
Construction warranty. Prior to acceptance of any
improvements or facilities, the applicant shall provide to the Township,
for a period of 18 months from the date of acceptance of the improvements
and facilities, a financial security bond in the form of a bond, cash,
certified check or other negotiable securities, acceptable to the
Township, in an amount equal to 15% of the actual cost of the improvements
and facilities in order to guarantee against any defect in material
or installation of the improvements and facilities.
C.
Construction of the public improvements approved in
the subdivision or land development plan shall be substantially commenced
within one year from the date the governing body gave approval to
the final plan unless such time period is extended by the governing
body. If the improvements are not completed within two years of the
date of final approval and in accordance with the standards approved
in the final plan, the governing body (unless it grants an extension
thereof) shall enforce the completion guaranty and seek any other
legal and equitable remedies it deems appropriate. If the amount of
the completion guaranty is insufficient to install, repair, correct,
and maintain the public improvements, the governing body may, at its
option, do the necessary work and initiate court action to recover
the cost of such work.
