A.
Preliminary approval. An application for approval of a final plan may be filed with the Township Planner only following approval of a preliminary plan by the governing body, except that the Planning Agency may recommend to the governing body final approval to a proposed plan without preliminary approval, provided that the proposed plan meets the requirement stated in § 175-14 of this chapter, complies with all the requirements for final plans and includes all relevant information required by §§ 175-11 and 175-15 of this chapter.
[Amended 2-23-2000 by Ord. No. 421; 8-7-2002 by Ord. No.
467]
B.
Application. When filing an application for approval
of a final plan, the subdivider shall submit to the Township Planner,
at least 20 days prior to the Board of Commissioners meeting at which
the application is to be considered complete, an original reproducible
(Mylar or linen) of all plans and information, plus five copies specified
by the Planning Agency. All final plans and other exhibits required
for approval shall be submitted to the Planning Agency within three
years after approval of the preliminary plan. Otherwise, such approval
shall become null and void unless an extension of time is applied
for and granted by the governing body.
[Amended 2-23-2000 by Ord. No. 421; 8-7-2002 by Ord. No.
467]
C.
County Planning Commission review. Copies of all final,
preliminary subdivision plans shall be forwarded to Westmoreland County
Planning Commission, along with the appropriate fees, by the developer
for review and report, paid for by the applicant to cover the cost
of the review. The municipality shall not approve an application until
the county report is received or until the expiration of the 30 days
from the date the county application was received.
E.
Action of the governing body. The governing body shall
render its decision on the final plan and communicate its decision
to the subdivider not later than 90 days of receiving a complete submission
that covers all requirements of this chapter.
[Amended 2-23-2000 by Ord. No. 421; 8-7-2002 by Ord. No.
467]
(1)
The decision of the governing body shall be in writing
and shall be communicated to the applicant by certified or registered
mail at his last known address not later than five 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 that have not been met and shall, in each
case, cite the provisions of the statute or ordinance relied upon.
(3)
Failure of the governing body to render a decision
and communicate it to the applicant within the time and in the manner
specified shall be deemed art approval of the application, 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 preservation of communication shall have like effect.
(4)
Procedure.
(a)
From the time an application for approval of
a preliminary or final plan 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 ordinance 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 government regulations.
(b)
When an application for approval of a preliminary
or final plan 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 five years from such approval.
(c)
Where final approval is preceded by preliminary
approval, the five-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 constructed in the light
of provisions of the governing ordinance or plans as they stood at
the time when the application for such approval was duly filed.
(d)
Where the landowner has substantially completed
the required improvements as depicted upon the final plat within the
aforesaid five-year limit or any extension thereof as may be granted
by the governing body, no change of any ordinance or plan enacted
subsequent to the date of filing of the preliminary plat shall modify
or revoke any aspect of the approved final plat pertaining to zoning
classification or density, lot, building, street or utility location.
(e)
In the case of a preliminary plat calling for
the installation of improvements beyond the five-year period, a schedule
shall be filed by the landowner with the preliminary plat delineating
all proposed sections as well as deadlines within which applications
for final plat approval of each section are intended to be filed.
Such schedule shall be updated annually by the applicant on or before
the anniversary of the preliminary plat approval, until final plat
approval of the final section has been granted and any modification
in the aforesaid schedule shall be subject to approval of the governing
body in its discretion.
(f)
Each section in any residential subdivision
or land development, except for the last section, shall contain a
minimum of 25% of the total number of dwelling units as depicted on
the preliminary plan, unless a lesser percentage is approved by the
governing body in its discretion. Provided that the landowner has
not defaulted with regard to or violated any of the conditions of
the preliminary plat approval, including compliance with landowner's
aforesaid schedule of submission of final plats for the various sections,
then the aforesaid protections afforded by substantially completing
the improvements depicted upon the final plat within five years shall
apply, and for any section or sections, beyond the initial section,
in which the required improvements have not been substantially completed
within said five-year period, the aforesaid protections shall apply
for an additional term or terms of three years from the date of final
plat approval for each section.
(g)
Failure of landowner to adhere to the aforesaid
schedule of submission of final plats for the various sections shall
subject any such section to any and all changes in zoning, subdivision
and other governing ordinance enacted subsequent to the date of the
initial preliminary plan submission.
(5)
Before acting on any subdivision plan, the governing
body may hold a public hearing thereon, after public notice and may
notify surrounding property owners of such public hearing.
(6)
The governing body shall not give their final approval
to a final plan until the County Planning Commission report is received
or until the expiration of 30 days from the date the final plan application
was forwarded to the county.
(7)
The governing body shall not give their final approval
to a final plan prior to approval of required Planning Modules as
specified by the Pennsylvania Department of Environmental Protection.
F.
Development agreement. The developer may not act in
reliance on the final approval of a final plan by the governing body
until the developer and the municipality enter into a written agreement
which sets forth the terms and conditions of final approval and other
relevant obligations of the developer. Upon execution of the agreement,
the developer shall pay a fee to the municipality to reimburse the
municipality for a portion of the costs of inspecting the work being
done pursuant to the final plan. The fee shall be in an amount determined
from time to time by the governing body.[2]
[2]
Editor's Note: This ordinance also provided
that the governing body, by resolution, may change the fee from time
to time, provided that the fee in no event shall exceed the cost to
the Township of inspecting the work being done by the developer in
accordance with the final plan.
G.
Nature of approval. Approval of a final plan shall
not constitute authorization to commence construction. Prior to construction
start, all necessary permits, approvals, agreements and sureties must
be secured by the developer.
H.
Title certificate. No final plan shall be approved
by the governing body unless a certificate of title or other proof
of a proprietary interest in the land on the part of the subdivider
is furnished.
All applications for final plan approval submitted to the Township
Planner shall include, but not be limited to, the following information
in both hard copy and digital (PDF) format:
|
[Amended 6-6-2018 by Ord.
No. 701] |
A.
Shall be drawn on Mylar, linen or other comparable
permanent and reproducible material and shall be on sheets of 18 inches
by 24 inches including a border of 1/2 inch on all sides, except the
binding edge which shall be one inch. More than one sheet may be used
for larger tracts and must be of the same scale and indexed and provide
space for required certifications.
B.
Shall be drawn with waterproof black ink and all records,
data, entries and statements thereon shall also be made with the same
type of ink or reproducible typing, except that contour lines, when
shown, shall be drawn with waterproof brown ink or with diluted waterproof
black ink, so that the contour lines will be shown faintly on a print
made from the plan.
C.
Shall be drawn to scale of one inch equals 100 feet
or such other scale approved by the Planning Agency and shall be of
sufficient size to clearly show all notations, dimensions and entries.
All dimension shall be drawn in feet and decimals of a foot.
[Amended 8-7-2002 by Ord. No. 467]
D.
Shall contain a title block in the lower right corner
with the following:
E.
All final plans submitted shall be drawn according
to the following:
F.
The final plan shall show:
(1)
Primary control points or benchmarks approved by the
Township Engineer or description and ties to which all dimensions,
angles, bearings and similar data shall be referred, tract closures,
boundaries with bearings, distances, acreage and tax parcel identification;
(2)
Acreage of each lot or parcel;
(3)
Tract boundary lines, right-of-way lines of streets,
easements and their purpose and other rights-of-way and property lines
of lots and other sites with accurate dimensions, bearing or deflection
angles, radii, arcs and central angles of all curves;
(4)
Name and right-of-way width of each street or right-of-way;
(5)
Location, dimensions and purpose of all easements;
(6)
Number to identify each lot or site;
(7)
Purpose for which sites other than residential are
to be used;
(8)
Building setback line on all lots and sites;
(9)
Location, type, material and size of all survey monuments
and lot markers;
[Amended 6-2-2004 by Ord. No. 512]
(10)
Names of recorded owners of adjoining land and
land use;
(11)
Certification of registered surveyor or professional
engineer showing name, address, registration number and seal;
(12)
Statement by the owner dedicating streets, rights-of-way
and sites for public use;
(13)
Protective covenants, if any, in form for recording;
(14)
Such other certificates, affidavits, endorsements
or dedications as may be required in the enforcement of this chapter;
(15)
Certification blocks for the appropriate governing
and planning bodies; and
(16)
Clear sight triangles and sight distances in
both directions at all street intersections.
(17)
Metes, bounds and acreage of grounds being reserved
for recreational facilities.
[Added 7-3-2002 by Ord. No. 461]
G.
Submitted with the final plan shall be the following
additional information:
(1)
Plan and profile sheets for all streets with horizontal
and vertical alignments and existing center-line profiles along with
the location and size of storm sewers inlets and invert elevations.
(2)
Typical cross sections of roadways and sidewalks.
(3)
A plan showing the size of water pipes and location
of valves and fire hydrants.
(4)
A plan showing the location of manholes, invert elevations,
grades and sizes of sanitary sewers.
(5)
A final grading plan.
(6)
A sedimentation and erosion control plan approved
by the County Conservation District under authority by the Pennsylvania
Department of Environmental Protection Rules and Regulations, Title
25, Chapter 102, Erosion Control, if determined necessary by the Planning
Commission.
(7)
A sewage disposal plan approved by the Pennsylvania
Department of Environmental Protection pursuant to the Pennsylvania
Sewage Facilities Act (Act 537), as amended,[1] and all supplemental documentation which may be required
to update the municipality's sewage facilities plan required under
said Act.
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
(8)
A plan for placement of gas, electric, telephone and
cable television service lines, as applicable, pursuant to the rules
and regulations of the Pennsylvania Public Utilities Commission.
(9)
If the proposed subdivision is located in a designated
floodplain, base flood elevation data shall be contained on the plan.
(10)
A complete drainage and stormwater drainage plan for the subdivision and/or land development, which complies with Chapter 164 of the Code of the Township of Rostraver, to include all storm sewers and appurtenances, along with the method of disposal of all stormwater collected and the method of drainage for adjacent territory; also an approval letter from the Westmoreland County Conservation District and Rostraver Township Engineer.
[Amended 7-2-2003 by Ord. No. 494]
(11)
If water is to be provided by means other than
by private wells owned and maintained by the individual owners of
lots within the subdivision or development, evidence shall be presented
to the governing body that the subdivision or development is to be
supplied by a certificated public utility, a bona fide cooperative
association of lot owners or by a municipal corporation, authority
or utility. A copy of a certificate of public convenience from the
Pennsylvania Public Utility Commission or an application for such
certificate, a cooperative agreement or a commitment or agreement
to serve the area in question, whichever is appropriate, shall be
acceptable evidence.
(12)
Information submitted with the final plan should
have the certification of a registered land surveyor, professional
engineer or architect showing name, address, registration number and
seal.
(13)
Plan indicating the location and specifications
of all recreational facilities.
[Added 7-3-2002 by Ord. No. 461]
(14)
Lighting plans with the following information
shall be submitted for review and approval by the Township Engineer:
[Added 4-7-2004 by Ord. No. 509]
(a)
Shall include a schematic layout of all proposed
exterior fixture locations, ISO footcandle data, and a plat demonstrating
intensities and uniformities, and manufacturer's description of the
equipment (catalog cuts), glare control devices, lamps, mounting heights
and means, proposed hours of operation of the lighting, and maintenance
schedule. Illumination intensities shall be plotted on a ten-foot
by ten-foot grid.
(b)
The applicant shall submit a visual impact photometric
plan that demonstrates both light coverage and light spillage resulting
from the proposed lighting plan and the provision for adequate measures
to mitigate nuisance from light pollution and disabling glare, both
on the use of the development site and on adjacent properties.
(c)
The developer shall provide the Township with
a field-certified as-built for all exterior lighting.
