Township of South Fayette, PA Approval Procedure for Land Developments

This article shall not apply to the following:

(a)

Improvement of one lot for a single-family or a two-family dwelling.

(b)

Improvement of one lot for one multifamily building.

(c)

The conversion of an existing single-family or two-family dwelling into not more than three dwelling units, unless such units are intended to be a condominium.

(d)

The addition of any accessory building, on a lot or lots which is subordinate to any existing residential or agricultural principal building and used for the same purpose as the residential or agricultural principal building.

(e)

The addition of any accessory building on a lot or lots subordinate to any existing nonresidential building if the accessory building has a gross floor area of less than 2,000 square feet; or

(f)

Any change of use, addition to or structural enlargement of a nonresidential principal structure which results in either:

An increase in the gross floor area of the principal building of less than 2,000 square feet;

[2]

An increase in the paved area of the lot of less than 2,000 square feet; or

[3]

An increase in the gross floor area of the principal building and the paved area of the lot which, in combination, totals less than 2,000 square feet.

The foregoing excluded land developments shall be subject to review by the Code Enforcement Officer in accordance with all applicable provisions of the Township Zoning Ordinance.

§ 215-37 Preapplication conference.

Prior to filing an application for preliminary approval of a land development, the applicant or his representative may meet with the Township Manager and/or other Township staff to obtain application forms and a procedural guidelines packet and to discuss application procedures and applicable ordinance requirements. If applicable, Sewer Authority representatives may be invited to attend the meeting.

In addition, the developer may request a preapplication conference with the Planning Commission to discuss the conceptual design for the development of the property and the feasibility and timing of the application. The applicant shall contact the Township Manager at least five calendar days prior to the regular meeting of the Planning Commission to request a preapplication conference with the Planning Commission.

The preapplication conference with the Planning Commission is voluntary and no formal application or fee is required. This opportunity is afforded to the developer to obtain information and guidance before entering into binding commitments or incurring substantial expenses for plan preparation.

While no formal application is required for a preapplication conference, the applicant should provide one copy of readily available information with the request for a preapplication conference which will show the location of the property and any special features, such as streams, floodplains or other conditions that may affect the development of the property. Readily available resources which may be used include the deed for the property, a property survey, the Tax Maps prepared by the Allegheny County Assessor's Office, Geographic Information Systems (GIS) mapping available from the Township, U.S.G.S. Quadrangle Map showing natural features and topography, the National Flood Insurance Administration (NFIA) Flood Hazard Boundary Maps, Natural Resources Conservation Service Maps of soil types and the U.S. Bureau of Mines coal mine maps.

A preapplication conference shall not constitute formal filling of any application for approval of a land development, shall not bind the Planning Commission to approve any concept presented in the preapplication conference and shall not protect the application from any subsequent changes in ordinance provisions which may affect the proposed development between the date of the preapplication conference and the official date of filing of an application for preliminary approval of a land development under the terms of this chapter.

§ 215-38 Preliminary application submission.

The applicant shall submit 10 copies of an application for preliminary approval of a land development required by § 215-39 of this chapter to the Township Manager at least 28 calendar days prior to the regular meeting of the Planning Commission. If the 28th day falls on a holiday, the application shall be filed by the close of business on the immediately preceding working day.

The preliminary application shall not be considered to be complete and properly filed unless and until all items required by § 215-39 of this chapter, including the application fee, have been received.

Immediately upon receipt, the application shall be stamped with the date of receipt by the Township and one copy of the application shall be distributed to the Township Engineer. After the Township's completeness review, one copy shall be sent to the Allegheny County Department of Economic Development for review.

Additional copies may be referred to any other appropriate review agency at the discretion of the Township Manager.

The Township staff will perform a completeness review. If the application is found to be incomplete, a written notice shall be provided to the applicant, indicating the deficiencies in the application and citing the specific sections of this chapter that have not been met. Incomplete applications shall not be placed on the Planning Commission agenda for official review, however, if the applicant addresses the deficiencies noted in the completeness review and submits a revised application by the time deadline stated in the Township's completeness review, the application shall be placed on the Planning Commission agenda.

In the event that the applicant fails to submit the revised application within the time specified or the revised application fails to adequately address the deficiencies cited in the completeness review, the application shall be resubmitted for consideration at the regular meeting of the Planning Commission in the month immediately following.

In all cases, the official date of filing of the preliminary application shall be the date of the Planning Commission meeting at which the Planning Commission accepts the application as complete in content and properly filed, subject to the Township staff's review and recommendation.

§ 215-39 Preliminary application content.

The application for preliminary approval of a land development shall be submitted in accordance with § 215-38 of this chapter and shall include the following information:

Ten copies of the completed application form supplied by the Township.

Application filing fee, as required by § 215-90A of this chapter and the review escrow deposit required by § 215-90B.

Written evidence of ownership or proprietary interest.

Executed agent authorization form supplied by the Township.

Written evidence that the application has been submitted to the Allegheny County Conservation District for review.

Written evidence from the water company and the Municipal Authority that indicates whether service is available for the proposed plan.

Written evidence of compliance with all other Township, county, state or federal permits required for the plan, if any.

If the proposed use is a conditional use or use by special exception, an application for approval of the conditional use or use by special exception shall accompany the application for preliminary approval of the land development. Preliminary approval of the land development shall not be granted unless the conditional use or use by special exception is approved prior to or concurrent with the preliminary land development plan.

In the case of a plan that meets the criteria of § 215-23I, a traffic impact study prepared in accordance with the requirements of § 215-23I.

[Amended 10-7-2018 by Ord. No. 4-2018]

Where evidence exists of deep mining, strip mining, landslide prone soils or other geologic hazards on the site, a geologic report by a qualified registered professional engineer acceptable to the Township regarding soil and subsurface conditions and the probable measures needed to be considered in the design of the development, the location of structures and the design of foundations, if any. Where no evidence of the above conditions exists, the qualified geologic engineer shall submit a soil and subsurface conditions report certifying the same.

Ten copies of a preliminary plat, folded and accurately drawn to a scale of not less than one inch equals 50 feet on a survey prepared by a Pennsylvania registered land surveyor. The preliminary plat shall include or be accompanied by the following information:

Date of preparation. All revisions shall be noted and dated.

A location map showing the location of the tract with reference to the surrounding properties, existing streets and streams within 1,000 feet of the land development.

Name of the development, including the words "Preliminary Land Development Plan"; North arrow; graphic scale; County Assessment Map and Parcel Number; the name and address of the record owner; the name and address of the applicant; the name and address, license number and seal of the person preparing the survey. If the owner of the premises is a corporation, the name and address of the president and secretary shall be submitted on the application.

(4)

All distances shall be in feet and 0.01 of a foot and all bearings shall be given to the nearest second.

(5)

The zoning district in which the parcel is located, together with the zoning classification of properties within 200 feet of the boundaries of the property for which the application is made.

(6)

Survey data showing boundaries of the property, building or setback lines and lines of existing and proposed streets, lots, reservations, easements and areas dedicated to public use, including grants, restrictions and rights-of-way, to be prepared by a licensed land surveyor. The name, address, signature and seal of the surveyor shall be indicated.

(7)

A copy of any existing or proposed covenants, deed restrictions, which are applicable to the property.

(8)

A written statement requesting any waivers or modifications to this chapter in accordance with Article IX, if applicable.

(9)

A written statement identifying any zoning variances which will be needed or which have been granted to the property by the Zoning Hearing Board.

(10)

The distance, measured along the right-of-way lines of existing streets abutting the property, to the nearest intersections with other public streets within 200 feet of the site boundaries.

(11)

The location and dimensions of proposed buildings and structures, all accessory structures and fences, if any, including front, side and rear yard setbacks, height of buildings, first floor elevations of all structures and floor plans of buildings.

(12)

If applicable, flood hazard zone boundaries, as identified on the current Official Map for the Township issued by the Federal Insurance Administration.

(13)

Existing and proposed contours, referred to United States Coast and Geodetic Survey datum, with a contour interval of two feet for slopes of less than 10% and an interval of five feet for slopes of 10% or more. Existing contours are to be indicated by dashed lines and proposed contours are to be indicated by solid lines.

(14)

Designation of areas with slopes in excess of 40% and slopes in excess of 25% but not more than 40%

(15)

Location of existing rock outcrops, high points, watercourses, depressions, ponds, marshes, wooded areas and other significant existing features, including previous flood elevations of watercourses, ponds and marsh areas as determined by survey.

(16)

Identification of any wetlands on the site and the design techniques proposed to accommodate them.

(17)

Any and all existing streets related to the proposed development; including the names, cartway widths, approximate gradients and sidewalk widths.

(18)

If any new streets are proposed, profiles, indicating grading; cross sections showing the width and design of roadways and sidewalks.

(19)

Area, to the nearest thousandth of an acre of the site to be developed for nonresidential purposes and/or the area, in square feet, of each lot to be developed for residential purposes.

(20)

Plans of proposed stormwater systems showing feasible connections to existing or any proposed utility systems. All stormwater facility plans shall be accompanied by a separate sketch showing all existing drainage within 500 feet of any boundary, and all areas and any other surface area contributing to the calculations, and showing methods to be used in the drainage calculations.

(21)

Stormwater management plans, if required by § 215-78 of this chapter.

(22)

The location and size of all existing sanitary sewers and the location and size of all proposed sanitary sewers.

(23)

The location and size of all existing and proposed waterlines, valves and hydrants.

(24)

The location, width and purpose of all existing and proposed easements and rights-of-way.

(25)

The location, type and approximate size of existing utilities to serve the development and written verification from each utility that service will be provided to the development.

(26)

Tree masses as shown on a dated aerial photograph or digitized map representing conditions on the site within the previous three to five years and an indication of which masses are proposed to be preserved, if any. In the absence of current aerial photographs or digitized maps, a site survey shall be conducted to measure and locate tree masses containing specimens having a caliper of four inches or greater.

(27)

A soil erosion and sedimentation control plan prepared by a person trained and experienced in control methods and techniques which conforms to the requirements of the Pennsylvania Clean Streams Law[1] and Ordinance 102 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection governing erosion control.

Editor's Note: See 35 P.S. § 691.1 et seq.

(28)

The number and density of dwelling units (if residential).

(29)

All means of vehicular access for ingress and egress to and from the site onto public streets, showing the size and location of internal streets or driveways and curb cuts including the organization of traffic channels, acceleration and deceleration lanes, additional width and any other improvements on the site or along the site's street frontage necessary to prevent a difficult traffic situation. All pedestrian walkways and provisions for handicapped facilities in compliance with the requirements of the Americans with Disabilities Act (ADA) for an accessible site shall also be shown.

(30)

Computation of the number of parking spaces to be provided, the location and design of off-street parking areas and loading areas showing size and location of bays, aisles and barriers and the proposed direction of movement.

(31)

Tabulation of site data, indicating zoning requirements applicable to the site and whether the proposed site development features comply.

(32)

Proposed screening and landscaping, including a preliminary planting plan on a separate drawing prepared and sealed by a registered landscape architect.

(33)

A site lighting plan showing details of all exterior lighting fixtures and supports; the location of exterior lighting fixtures proposed to light the buildings, parking areas, sidewalks and any other areas proposed for public use; documentation that the proposed lighting will be shielded and reflected away from adjacent streets and residential properties; a photometric plan.

(34)

The methods, placement and screening of solid waste disposal and storage facilities.

(35)

If applicable, a detailed proposal, including covenants, agreements, or other specific documents showing the ownership and method of assuring perpetual maintenance to be applied to those areas which are to be used for recreational or other common purposes.

(36)

If the plan is to be completed in phases, the proposed sequence of development with projected time schedule for completion of each of the several phases.

(37)

If 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).[2]

[2]

Editor's Note: See 36 P.S. § 670-420.

(38)

Spaces for the signature of the Chairman and Secretary of the Planning Commission; the President and Secretary of the Board of Commissioners; the Township Engineer; and dates of approval.

§ 215-40 Preliminary application approval.

Planning Commission recommendation.

At the first regular meeting of the Planning Commission after submission of a preliminary application, the Planning Commission shall either accept or reject the application as complete in content and properly filed. The date of the Planning Commission meeting at which the preliminary application is accepted as complete and properly filed shall be the official date of filing of the application and shall represent the beginning of the sixty-day period for Planning Commission review and recommendation on the application, unless the applicant agrees, in writing, to an extension of time. During the sixty-day review period, the Township Engineer shall provide preliminary review comments to the Planning Commission and the applicant.

Within 60 days of the official date of filing of the preliminary application, the Planning Commission shall make a recommendation to the Board of Commissioners for approval, approval with conditions or disapproval of the preliminary application at a public meeting. In the case of a recommendation for disapproval, the Planning Commission's recommendation shall cite the specific requirements of this chapter which have not been met.

Action by the Board of Commissioners.

The Township Engineer shall present a written report to the Board of Commissioners which states whether an application complies with the requirements of this chapter and that report shall be included in the minutes of the Council meeting.

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 Board of Commissioners shall not act until the review has been received from the County Planning Agency or until 30 days have passed since the date that the application was submitted to the county for review. The recommendation of the Township Planning Commission and the report of the County Planning Agency, if any, shall be made a part of the record at that meeting.

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 by the Board of Commissioners. 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.

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 Subsection B of this section. The applicant shall accept or reject the conditions attached to preliminary approval by giving written notice to the Township Manager 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 Manager regarding acceptance or rejection of the conditions attached to preliminary approval within the required 30 days, preliminary approval shall automatically be rescinded without written notice to the applicant.

Deemed approval. Failure of the Board of Commissioners to render a decision and communicate it to the applicant within the time and in the manner prescribed by this chapter shall be deemed an approval of the application in the 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.

Expiration of preliminary approval.

If an application for final approval of a land development, or in the case of a phased development, an application for the first phase of the land development is not submitted within one year from the date of the grant of preliminary approval by the Board of Commissioners, preliminary approval shall expire, unless a written request for an extension is submitted by the applicant and approved by the Board of Commissioners. Any request for extension shall be submitted to the Board of Commissioners at least 30 days prior to the prevailing expiration date. Extensions may be granted for one or more six-month periods upon a finding by the Board of Commissioners that such extension is warranted for reasonable cause and not due to the applicant's own negligence or inaction.

In the case of a phased development, calling for the installation of improvements beyond a five-year period, a schedule shall be filed by the applicant with the preliminary application delineating all proposed phases, as well as time deadlines by which applications for final plat approval of each phase are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of preliminary approval until final plat approval of the final phase has been granted. Any modification in the aforesaid schedule shall be subject to approval by the Board of Commissioners in its sole discretion. Phased development shall be subject to the time protection provisions of Section 508(4) of the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended).[1]

Editor's Note: See 53 P.S. § 10508(4).

§ 215-41 Final application submission.

The applicant shall submit 10 copies of the application for final approval required by § 215-42 to the Township Manager at least 28 calendar days prior to the regular meeting of the Planning Commission. If the 28th day falls on a holiday, the application shall be filed by the close of business on the immediately preceding working day.

The final application shall not be considered to be complete and properly filed unless and until all items required by § 215-42 of this chapter, including the application fee, have been received.

Immediately upon receipt, the application shall be stamped with the date of receipt by the Township Manager and one copy of the application shall be distributed to the Township Engineer. After the Township completeness review, one copy shall be sent to the Allegheny County Department of Economic Development for review. Additional copies may be referred to any other appropriate review agency at the discretion of the Township Manager.

In all cases, the official date of filing of the final application shall be the date of the Planning Commission meeting at which the Planning Commission accepts the application as complete in content and properly filed, subject to the Township staff's review and recommendation.

§ 215-42 Final application content.

All applications for final approval of a land development shall include the following:

Ten copies of the completed application form supplied by the Township;

Application filing fee, as required by § 215-90A of this chapter and the review escrow deposit required by § 215-90B;

Executed agent authorization form supplied by the Township;

One copy of the approved preliminary plat;

Ten copies of a final plat, folded and drawn at a scale of not less than one inch equals 100 feet. The final plat shall show or be accompanied by the following information:

Date, name and location of the land development, the name of the owner, graphic scale and the words "Final Land Development Plan."

Tract boundary lines, right-of-way lines of streets, street names, easements and other rights-of-way, land reserved or dedicated to public use, all lot lines and other boundary lines; with accurate dimensions, bearing or deflection angles, and radii, arcs and central angles of curves; and the area of each lot.

The names, exact location and widths of all existing and recorded streets intersecting or paralleling the plot boundaries within a distance of 200 feet or the next nearest intersection.

(4)

The purpose, location and dimensions of any easement or land reserved for or dedicated to public use shall be designated.

(5)

Lot and block numbers assigned to the property by the County Assessment Office, including lot and block numbers of immediately abutting property.

(6)

Certification by the applicant's surveyor as to accuracy of details of plat. The error of closure shall not be less than one in 10,000.

(7)

Dates of preparation and dates of all revisions to the plan.

(8)

Name of the registered architect, landscape architect or professional engineer who prepared the plan.

(9)

Evidence of required permits from applicable federal, state and county agencies.

(10)

Certification of service from all applicable utility companies.

(11)

A design view of the front, side and rear elevations of the proposed structures.

(12)

Location, height and use of all existing and proposed structures on the property, indicating structures to be removed, if any, and the distances between proposed structures or additions to existing structures and adjacent property lines.

(13)

A final site lighting plan that shows compliance with the approved preliminary plan.

(14)

Layout and design of proposed parking and loading areas, including the gradient of proposed driveways and parking facilities and the proposed pattern of traffic circulation on the site, including pavement markings, islands, curbs, bumper guards and similar facilities.

(15)

Sidewalks or walkways, if any, proposed for pedestrian circulation on the site.

(16)

The type of paving material to be used for all sidewalks, walkways, driveways and parking facilities.

(17)

A final landscaping plan on a separate drawing, prepared and sealed by a registered landscape architect, showing the type, size and location of any plant material proposed and all areas proposed to be seeded and the parties responsible for future maintenance.

(18)

Conservation easements, if any are required to preserve existing natural vegetation.

(19)

Construction materials of all fences, walls or screens.

(20)

A final grading plan, including erosion and sedimentation control measures.

(21)

Editor's Note: See 36 P.S. § 670-420.

(22)

If applicable, an N.P.D.E.S. permit obtained from the Allegheny County Conservation District.

(23)

If applicable, final stormwater management calculations and construction drawings for stormwater management facilities as required by § 215-78 of this chapter.

(24)

Storm drainage plan, including location, pipe size, grade, direction of flow, capacity and material of all storm sewers and connections to existing systems; location and invert and other elevations of all catch basins, manholes, culverts and other appurtenances; location and width of all storm drainage easements; and location of surface swales, if any.

(25)

Written evidence that an amenities bond for private improvements, as required by § 215-46 of this chapter, will be submitted at the time of execution of the development agreement.

(26)

If any public improvements are proposed, written evidence that a performance bond, as required by § 215-30 of this chapter, will be submitted at the time of execution of the development agreement.

(27)

Spaces for signatures of the President and Secretary of the Board of Commissioners; the Chairman and Secretary of the Planning Commission; the Township Engineer; and dates of approval.

§ 215-43 Final application approval.

Planning Commission recommendation.

At the first regular meeting of the Planning Commission after submission of a final application, the Planning Commission shall either accept or reject the application as complete and properly filed. The date of the Planning Commission meeting at which the final application is accepted as complete and properly filed shall be the official date of filing for the application and shall represent the beginning of the sixty-day period for Planning Commission review and recommendation on the application, unless the applicant agrees, in writing, to an extension of time. During the sixty-day review period, the Township Engineer shall provide review comments to the Planning Commission and the applicant.

Within 60 days of the official date of filing of the application, the Planning Commission shall make a recommendation, in writing, to the Board of Commissioners for approval, approval with conditions or disapproval of the Final Application. In the case of a recommendation for disapproval, the Planning Commission recommendation shall cite the specific requirements of this chapter which have not been met.

Action by the Board of Commissioners.

Within 90 days of the official date of filing of the application, the Board of Commissioners shall either approve, approve with conditions or disapprove the final application at a public meeting. The Board of Commissioners shall not act until the review has been received from the County Planning Agency or until 30 days have passed since the date that the application was submitted to the county for review. The recommendation of the Township Planning Commission and the report of the County Planning Agency, if any, shall be made a part of the record at that meeting.

A letter indicating approval, approval with conditions or disapproval shall be mailed to the applicant within 15 days of the date of the decision by the Board of Commissioners. If the final application is not approved, the Board of Commissioners shall specify the defects found in the final application and cite the requirements of this chapter which have not been met.

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 Subsection B of this section. The applicant shall accept or reject the conditions attached to final approval either by giving written notice to the Township Manager or by executing the development agreement required by § 215-32 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 Manager regarding acceptance or rejection of the conditions attached to final approval or execute the development agreement within the required 30 days, final approval shall automatically be rescinded without written notice to the applicant.

Phased approval.

In the case where a land development is projected over a period of years, the Township authorizes submission of final applications by sections or phases of development, subject to such requirements or guarantees for 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.

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 resubmission of the preliminary application in accordance with §§ 215-38, 215-39 and 215-40 of this chapter.

§ 215-44 Mediation option.

The Township may offer the mediation option as an aid in completing the proceedings authorized by this article in accordance with the requirements of § 215-28 of this chapter.

§ 215-45 Development agreement.

All land developments shall be further subject to the requirements for a development agreement as specified in § 215-32 of this chapter.

§ 215-46 Amenities bond.

All land developments shall be further subject to the requirement for an amenities bond as specified in § 215-31 of this chapter.

§ 215-47 Land developments which propose extension or installation of any public improvements.

Land developments which propose the extension or installation of any public improvements, as defined by this chapter, shall be further subject to §§ 215-30 and 215-32 of this chapter governing posting of a performance bond to guarantee their proper installation and execution of a development agreement.

§ 215-48 Recording.

A land development plan shall not be required to be recorded in the County Recorder of Deeds Office if the land development is proposed on a lot or lots of record, unless a declaration plan is required to be recorded by the Pennsylvania Unit Property Act for a condominium.[1] Any land development plan which involves the subdivision, resubdivision or consolidation of property or the dedication of easements or rights-of-way for public improvements shall present a final plat for recording purposes with the application for final approval of the land development. The final plat for recording shall be prepared in accordance with the requirements of § 215-13 of this chapter for a minor subdivision.