§ 148-6
Application procedure. 

§ 148-7
Preapplication. 

§ 148-8
Preliminary plat. 

§ 148-9
Final plat. 

The plat requirements and application procedure shall be followed by developers as set forth herein and shall be submitted to the Planning Commission for review prior to consideration by the Board of Supervisors.

Prior to the filing of an application for conditional approval of a preliminary subdivision plat, the subdivider shall submit four copies of the following plans and data to the Planning Commission.

A. 

General information. Describe existing covenants, land characteristics, community facilities and utilities, the number of lots and sizes, business areas, playgrounds, utilities and street improvements.

B. 

Location map. Map shall show relationship of the proposed subdivision to existing community facilities which serve or influence it and existing facilities; title, scale and North arrow.

C. 

Sketch plan. Sketch plan at a scale of one inch equals 100 feet or larger showing in simple sketch form the proposed layout of streets, lots and other features in relation to existing conditions and shall include the following:

(1) 

The proposed name of the subdivision.

(2) 

Name of the subdivider.

(3) 

Name of the registered owner.

(4) 

North point, scale, and date.

(5) 

Name of the surveyor responsible for the map.

(6) 

Tract boundaries with bearings and distances.

(7) 

Approximate location of watercourses, tree masses, rock outcrops, existing buildings, and actual location of sewers, inlets, water mains, easements, fire hydrants, railroads, existing or confirmed streets and their established grades.

(8) 

Adjacent streets.

D. 

All required preapplication data shall be submitted to the Planning Commission 15 days prior to the regular monthly meeting of the Commission.

E. 

Review. After review and discussion with the subdivider, the Planning Commission shall indicate the suitability of the plan for development into preliminary plats or as a single nonresidential plat.

A. 

Application. The subdivider shall prepare and submit to the Planning Commission at least 15 days prior to the regular monthly meeting of the Planning Commission a completed application on a form provided by Daugherty Township accompanied by the appropriate review fee, 12 copies of the preliminary plats of the total land to be ultimately developed for review by the Planning Commission according to the requirements and standards contained herein. Upon receipt of the plat, the Planning Commission shall forward six copies to the Beaver County Planning Commission for its review and recommendation within 30 days of receipt.

B. 

The preliminary plat shall be drawn at a scale of 100 feet to the inch or greater.

C. 

The plat shall show or be accompanied by the following information:

(1) 

Material required in § 148-7.

(2) 

Names and addresses of the owner or owners of the property.

(3) 

Name in which the subdivision or land development will be recorded.

(4) 

North point, scale and date.

(5) 

Name of registered surveyor who surveyed the property and prepared the plat.

(6) 

Tract boundaries with bearings, distance, total area in acres, and area in square feet of each proposed lot.

(7) 

Contours at vertical intervals as specified by the Township Engineer.

(8) 

Datum to which contour elevations refer. Where reasonably practicable, data shall refer to known, established elevations and bench marks.

(9) 

Show all existing watercourses, banks, tree masses, and other significant natural features.

(10) 

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, electric power transmission lines, petroleum or petroleum products lines, and other significant man-made features.

(11) 

All existing streets on or adjacent to the tract, including name, right-of-way widths and cartway width, and type of improvement material used on the cartway.

(12) 

All existing property lines, easements and rights-of-way, and the purpose for which the easements of right-of-way have been established.

(13) 

Location and width of all proposed streets, rights-of-way and easements; proposed lot lines with approximate dimensions, proposed minimum setback on building lines for each street on lot; playgrounds, public buildings, public area and parcels of land proposed to be dedicated or reserved for public use.

(14) 

The preliminary plat shall show the names of owners of all abutting land and the names of all abutting subdivisions.

(15) 

Where the preliminary plat covers only a part of the subdivider's entire holding, a sketch shall be submitted of the prospective street layout of the remainder of the land and shall be clearly marked "future development."

(16) 

A plan of the proposed public water distribution system for review and approval by the appropriate authority or a plan showing the location of individual wells in accordance with the requirements of the Pennsylvania Sewage Facilities Act (Act 537), as amended.

Editor's Note: See 35 P.S. § 750.1 et seq.

(17) 

A plan of the proposed sanitary sewerage will be required for review and approval of the appropriate authority or showing the proposed location of on-lot sewage disposal facilities in accordance with the requirements of the Pennsylvania Sewage Facilities Act (Act 537), as amended.

(18) 

Preliminary plat shall show the zoning boundaries, if any, that traverse or are within 300 feet of the area covered by the plan. The subject parcel or parcels shall also be identified as to zoning classification.

(19) 

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.

(20) 

Subsurface condition (whether undermined, etc.) of the tract to be subdivided.

(21) 

Profiles showing existing ground and proposed street center-line grades.

(22) 

Typical cross section of roadways, showing cartways, water, sanitary and storm sewers, gas, electric and phone utilities, television cable and sidewalks.

(23) 

The subdivider shall provide such additional information as may be required by the Planning Commission, Board of Supervisors, Zoning Officer, or Township Engineer, or other Township agency in order to more fully evaluate the proposed subdivision or land development and its effect on adjacent property or the Township as a whole; this may include a final grading plan.

(24) 

A plan of the proposed gas, electric, telephone and television cable systems for review and approval with written approval from the appropriate utility company.

(25) 

A grading plan as per § 148-23 of this chapter and in compliance with Chapter 88, Grading.

(26) 

A plan for the collection and discharge of all stormwater. The subdivider shall further provide all information and plans necessary to indicate that the existing off-lot watercourse and drainage system is adequate to accommodate the proposed stormwater increase resulting from the proposed subdivision or land development or a plan for improving said system to meet the increased demand.

D. 

Planning Commission review and action. When the plans and completed application are submitted 15 days prior to the regular monthly meeting, the application will be reviewed at the regularly scheduled meeting, and if all required data is included, the Planning Commission shall notify the subdivider or developer within 15 days of the meeting in writing as to its action. When plans are not submitted or an application is not completed and fees paid as required, the Commission shall take action at the next month's meeting, provided that action shall be taken within 90 days of the meeting following receipt of formal application.

E. 

Application and fees. The subdivider shall make formal application for subdivision or land development approval and pay the required fees established by the Supervisors in the Schedule of Fees with the preliminary plat.

F. 

Nature of approval. Approval of a preliminary plan for subdivision or land development shall not constitute approval of a final plat, but rather an expression of approval of the layout submitted on the preliminary plan as a guide to the preparation of the final plat or land development. Granting of preliminary approval shall not qualify a plat for recording, nor authorize development or the issuance of any building or zoning permit.

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The final plat shall be submitted to the Planning Commission 15 days prior to the regular meeting of the Commission and shall include two originals (Mylar or its equivalent) plus six copies and include copies of all information used to evaluate the preliminary plat or land development.

A. 

Specifications for final plat. For any subdivision or land development requiring final approval, the plats submitted:

(1) 

Shall be drawn and submitted on Mylar or its equivalent.

(2) 

Shall include material required in §§ 148-7 and 148-8.

(3) 

Shall be on sheets no larger than 24 inches by 36 inches overall. It is recommended that, as far as practicable, final plat sheets be held to the following overall sizes: 17 inches high by 22 inches wide; 22 inches high by 34 inches wide. There shall be a border of 1/2 inch on all sides except the binding end, which shall be 1 1/2 inches.

(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 and include a match line for continuity from sheet to sheet.

(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 or identified.

(b) 

North point, scale and date.

(c) 

Name of the recorded owner and subdivider or developer.

(d) 

Municipality in which the subdivision or land development is located.

(e) 

Name, address and seal of the registered surveyor preparing the plat or land development.

(7) 

Outside of the subdivision, all final plats submitted for approval shall be drawn according to the following:

(a) 

Streets and other ways with medium solid lines.

(b) 

Property lines of adjacent subdivisions by medium dashed and two dotted lines.

(c) 

Lot line by light dotted lines.

(d) 

Restriction lines, rights-of-way for utilities, easements, etc., by light dashed lines.

(8) 

Within the subdivision, all final plats shall be drawn according to the following:

(a) 

Streets or ways of heavy solid lines.

(b) 

Perimeter property lines of subdivision by heavy dashed and two dotted lines.

(c) 

Lot lines of medium solid lines.

(d) 

Restriction of building lines by medium dashed lines.

B. 

Final plat. All final plats or land development proposals 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, arc 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 in 10,000 feet.

(3) 

Name and right-of-way width of each street.

(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 sites.

(8) 

Location and description of survey monuments as required by the Township.

(9) 

Names of recorded owner of abutting unapproved or unplatted land and the names of all abutting subdivisions.

(10) 

Certification of registered surveyor who prepared the plat, certifying to the accuracy of the survey and plat.

(11) 

Attestation by the applicant showing that the applicant is owner of the tract or land proposed to be subdivided or developed.

(12) 

Statement by the owner dedicating the streets, the right-of-way, easements and any area for public use.

(13) 

Such other certificates, bonds, affidavits, endorsements or dedications as may be required in the enforcement of the chapter.

(14) 

Prior to final approval of a plat which requires access to a highway under the jurisdiction of the Department of Transportation, the plat shall contain a notice that a highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No 428),

Editor's Note: See 36 P.S. § 670-420.
known as the "State Highway Law," before driveway access to a state highway is permitted, and a Daugherty Township roadway opening permit is required for all driveways with access to Township roads in compliance with Chapter 162, Vehicles and Traffic.

(15) 

Completion of improvement or guarantee thereof. No plat shall be finally approved until all improvements have been completed or a deposit of surety with the Township in an amount sufficient to cover the costs of the improvements plus 10% as required in Section 509 of Act 247 and all amendments thereto.

(16) 

Recording plat or land development. The developer shall within 90 days of the final approval of the plat record such plat in the office of the Recorder of Deeds of Beaver County as required in Section 513 of Act 247 as amended. Final plats shall be rerecorded when additional easements or rights-of-way are being conveyed. The applicant or developer shall deposit with Daugherty Township a fee, which shall be returned upon receipt of a signed and duly recorded mylar.

C. 

Planning Commission review and action. The Planning Commission shall make its report to the Board of Supervisors within seven days after the meeting at which action was taken to recommend approval of a preliminary or final subdivision plan or land development.

D. 

Action of Board of Supervisors. The Board of Supervisors shall render its decision on the final plat and communicate its decision to the subdivider not later than 90 days after the application is filed with the Secretary of the Planning Commission counting from the date of the next regularly scheduled Planning Commission meeting.

(1) 

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 the provisions of the state statute or local ordinance relied upon.

(2) 

Failure by 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 or communication shall have like effect.

(3) 

From the time a final plat or land development application is duly filed as provided in this chapter, and while such application is under review, 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 governing regulations. When an application for approval of a final plat or land development has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in the zoning, subdivision or other applicable 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. When 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 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.

(4) 

Upon request from the applicant, the Board of Supervisors shall provide a resolution indicating approval of a subdivision or land development contingent upon the depositing of appropriate financial security with Daugherty Township. No recording of an approved plat shall occur until such surety has been accepted by the Township.

(5) 

The amount of financial security required to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, Daugherty Township may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost 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, Daugherty Township may require the developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this subsection.

(a) 

The amount of financial security 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 the Commonwealth of Pennsylvania, and certified by such engineer to be a fair and reasonable estimate of such cost. Daugherty Township, upon the recommendation of the Municipal Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and Daugherty Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in the Commonwealth of Pennsylvania and chosen mutually by Daugherty Township and the applicant or developer. The estimate certified by their 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 Daugherty Township and the applicant or developer.

(b) 

In the case where development is projected over a period of years, the Board of Supervisors or the Planning Commission may authorize submission of final plats by section or stages of development, subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.

(6) 

Where the Board of Supervisors accepts dedication of all or some of the required improvements following completion, the Board of Supervisors may require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plat for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this section with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements. If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction and pursuant to the rules and regulations of a public utility or municipal authority separate and distinct from Daugherty Township, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section.

(7) 

Before acting on any subdivision plat, the Board of Supervisors or the Planning Commission may hold a public hearing thereon after public notice.

E. 

Resubdivision procedure. For any replatting or resubdivision of land, the same procedure shall apply as prescribed herein for an original subdivision.