When a subdivision or land development within
the Township is submitted for approval, an application for development,
on a form provided by the Township, shall be submitted to the Planning
Commission for review and recommendation. Said application shall be
preceded by a preapplication conference; shall consist of such plans,
data, certifications and other supporting documentation and approvals
as herein enumerated; shall be filed in stages (preliminary and/or
final), where applicable; shall be accompanied by such fees; and shall
be subject to such conditions as hereinafter specified or otherwise
provided for within this chapter.
A.
At least five working days prior to the filing of an application for review and approval of a proposed subdivision and/or land development, the developer shall submit a sketch plan to the Township staff for comment on the requirements necessary to achieve conformity to the standards and other provisions of this chapter, except as provided for in § 185-11, as well as make the developer aware of other factors pertinent to the design and approval of the subdivision or land development. The preparation of a sketch plan shall not constitute the filing of an application for approval of a plat.
B.
Sufficient information shall be provided on the sketch
plan to clearly indicate the character and extent of the proposed
subdivision or land development and its relationship to existing natural
features conditions and public facilities within the area in which
the land is situate. Such submissions should include a map establishing
the location of the proposed plat and a plan showing any existing
or proposed streets, property lines, building sites, utilities, natural
features, including topographic contours, and any other significant
elements within the subdivision or land development. Such plans may
not be engineered drawings but must be drawn to scale.
A.
Preliminary plan approval required. Except in the case of minor subdivision (see Subsection G) and those land developments listed in § 185-10C, preliminary plan approval is required where public improvements are proposed, as a condition precedent to the filing of an application for final approval of a proposed subdivision or land development, unless the Planning Commission recommends to the Board of Supervisors that preliminary and final review may be conducted concurrently.
B.
Preliminary plat requirements. Preliminary plats shall
be drawn on paper prints measuring 22 x 34 inches or a D-size plot
and shall be accompanied by the following information in the scale
or format specified:
(1)
Location map. A diagram of the surrounding area shown
in a six-inch-by-six-inch-minimum frame, in sufficient detail to clearly
indicate the location of the proposed subdivision or land development
within the Township boundaries, based on the Township Zoning Map with
the subject parcel at the approximate center.
(2)
Tract information. A scaled drawing showing the boundaries
of the entire tract to be subdivided or developed, any previous out-sales
or lot transfers, the portion to be subdivided into lots or otherwise
developed and the names of owners of all abutting subdivisions or
land developments.
(3)
Subdivision or land development plat: A plat of the
lot or lots to be formed or developed, drawn to a scale not smaller
than 100 feet to one inch, and showing the tax parcel number, names
of abutting property owners and zoning district, plus the following
information:
(a)
Existing property lines, easements and rights-of-way
and the purpose for which the easements or rights-of-way have been
established.
(b)
Existing streets and driveways on or adjacent
to the tract, and within 200 feet of the boundary line of the tract
or land development site, including name, right-of-way width and pavement
width.
(c)
Existing buildings, sanitary and storm sewers,
water mains, culverts, fire hydrants and other significant man-made
features on or adjacent to the tract, and within 200 feet of the boundary
line of the tract or land development site.
(d)
Existing watercourses, marshes, rock outcroppings,
wooded areas and areas subject to flooding and wetlands.
(e)
Existing and, when deemed necessary by the Planning
Commission, proposed contours at vertical intervals of two feet, or
in the case of relatively level tracts, spot elevations may be provided
as shall be dictated by the Township Engineer. Datum to which contour
elevation refer shall be United States Geodetic Survey (USGS) datum
or existing benchmarks previously recorded.
(f)
Location, width, approximate grade and name
of all proposed streets and the location and purpose of all proposed
easements.
(g)
Proposed lot or building site lines with approximate
dimensions; minimum building line along all streets and easements;
and all parcels proposed to be dedicated or reserved for public or
semipublic use.
(h)
Area of each parcel including the remaining
land not proposed for platting, lot or site identification numbers,
and location of any percolation tests or wells.
(i)
Location of any proposed site improvement such
as curbs, sidewalks, streetlighting and street trees.
(j)
In the case of all multifamily and nonresidential
developments, the approximate location and configuration or proposed
buildings, parking areas, walkways, recreation areas and/or facilities
and other development features.
(k)
An indication of the general location and size of proposed water mains, fire hydrants, sanitary sewers and stormwater facilities, as per § 185-32 and Article VIII (may be shown on a separate plan). The preliminary size of each line should be shown as well as the locations or distances to any existing line to be connected to, with the size of such existing lines indicated.
(l)
Standard map symbols (See Exhibit #1).[1]
[1]
Editor's Note: Exhibits #1 through #6 are included in Appendix A as an attachment to this chapter.
(m)
Exhibits to text, or information locating known
pre-existing and open water, gas or oil wells, and tree masses.
(4)
Plat data. Title identifying the subdivision or land
development and the municipality in which located, name and address
of the developer, scale and North point of the subdivision plat (and
of the tract map in separate diagram), date of plan and a signature
block providing space for the signatures of the landowner, developer,
Planning Commission and Township Supervisors.
C.
Data to be submitted with the preliminary plat. Preliminary
plat submission shall be accompanied by the following:
(1)
In cases where the preliminary plat covers only a
portion of the developer's tract, a sketch plan for the entire tract.
(2)
Preliminary cross sections showing the dimensions
and construction of streets and any curbs and/or sidewalks.
(3)
A preliminary erosion and sedimentation control plan,
pursuant to the Rules and Regulations of the Pennsylvania Department
of Environmental Protection.
(4)
A traffic impact analysis where, in the opinion of
the Planning Commission, proposed development will affect the circulation
of vehicular traffic at key intersections and within the area proposed
for subdivision generally.
(5)
A description of the proposed method of providing
potable water supply and sanitary sewerage disposal; percolation test
data, when required; evidence of sewage facilities planning module
application; and/or water and/or sewerage engineering feasibility
studies, when requested by the Planning Commission; in addition, a
letter of availability for sanitary sewage disposal and water service
from the appropriate authority and/or West Deer Township, as applicable.
(7)
A statement as to whether or not coal and mineral
rights are to be conveyed with fee title to parcels to be sold together
with any existing and proposed deed restrictions.
(8)
A statement that the proposed subdivision/land development
will not cause any environmental hazard or subsidence.
(9)
A description of the method to be utilized and the
organization formed for the maintenance of any common areas and facilities
not to be dedicated.
(10)
A description of the soil types located on the
tract delineating all slide-prone areas as well as any mined areas,
and existing or pre-existing gas and oil wells.
D.
Review procedure: preliminary plan. Complete applications
for preliminary plat review and approval shall be submitted and processed
in accordance with the following:
(1)
Application. Applications for preliminary plat approval
shall be submitted to the Township for review by the Planning Commission.
Fifteen copies of the preliminary plat and four copies of all data
required to be submitted with said plat shall accompany the application.
Consideration of any such application filed fewer than 10 working
days prior to a regularly scheduled meeting of the Planning Commission
shall not be accepted.
(2)
Review by other agencies. Upon receipt of said application,
the Planning Commission Secretary shall distribute a copy of the preliminary
plat and any related documentation, at the applicant's expense, to
the Allegheny County Planning Department and other pertinent boards
and agencies, as appropriate, for their review and comment.
(3)
Approval of plats: preliminary. The Board of Supervisors
shall take action on a preliminary subdivision or land development
plat within 90 days of the first scheduled Planning Commission meeting
following receipt of application as follows, unless a request for
an extension of time is granted:
(a)
The decision of the Board of Supervisors shall
be in writing and shall be communicated to the applicant personally
or mailed to him/her at his/her last known address not later than
15 days following the decision.
(b)
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 to the provision of the statute or ordinance relied
upon.
(c)
Failure of 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 of communication
shall have like effect.
E.
Effect of preliminary approval. Approval of the preliminary
plat by the Board of Supervisors constitutes an approval of the proposed
subdivision or land development in respect to the general design,
density, availability of utilities to serve the lot(s), general lot
dimensions, access and other planned features. Preliminary approval
binds the developer to the general scheme of the plan as approved
and permits the developer to begin preparation of the final plan.
(1)
Preliminary approval does not authorize the recording,
sale or transfer of lots.
(2)
In the event that the developer wishes to begin the
installation of the improvements required by this chapter and identified
in the plans, he/she shall:
(b)
Deposit an inspection fee cash escrow in an
amount equal to 15% of the estimated cost for installation of the
required improvements.
(c)
Provide at least 48 hours notice to the Township prior to the start of construction of any of the required improvements as identified in Article VI of this chapter.
(d)
Notify the Township upon completion of the required improvements by certified mail requesting approval of the improvements. The Township shall follow the inspection and approval process as identified in § 185-21 of this chapter.
(e)
Upon approval of the improvements by the Township,
provide a fifteen-percent maintenance security with the Township,
for a period of 18 months.
F.
Preliminary plan time limitation. When an application
for approval of a plat, whether preliminary or final, has been approved
without conditions or approved by the applicant's acceptance of conditions,
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.
G.
Minor subdivision application option. In the case of a minor subdivision (as defined), the developer may apply directly for final plan approval in accordance with the procedures outlined in § 185-16 of this chapter and the plans and data requirements set forth herein. However, when multiple minor subdivisions within any given tract have been or are expected to be submitted for review or when other circumstances warrant, the Board of Supervisors may require that such additional submissions include full preliminary and final plan information in order that the purpose and intent of this chapter may be met.
(1)
Minor subdivision plat requirements are as follows:
(a)
Location map: a diagram of the surrounding area
shown in a six-inch-by-six-inch-minimum frame, in sufficient detail
to clearly indicate the location of the proposed subdivision or land
development within the Township boundaries, based on the Township
Zoning Map with the subject parcel at the approximate center.
(b)
Tract information: a scaled drawing showing
the boundaries of the entire tract to be subdivided or developed,
any previous out-sales or lot transfers, the portion to be subdivided
into lots or otherwise developed and the names of owners of all abutting
subdivisions or land developments.
(c)
Subdivision or land development plat: a plat
of the lot or lots to be created, drawn to a scale of a maximum of
50 feet to one inch, showing all lot lines; right-of-way and the cartway
width of the abutting street; any other existing rights-of-way and
easements; adjacent underground utility lines; natural drainageways;
all building lines; percolation test sites; location and description
of survey monuments, existing structures, proposed water wells, septic
systems, driveways and existing natural gas or oil wells; bearings
and dimensions of all property and associated right-of-way lines;
and acreage of all parcels including the remaining tract; and lot
identification numbers.
(d)
Plat data: title identifying the subdivision
and indicating the name of the Township, name and address of the applicant,
scale and North point of the subdivision plat (and of the tract map
if separate diagram), date of plat, certification and seal of registered
engineer or surveyor, in accordance with the Professional Engineers
and Professional Land Surveyors Registration Law,[2] appropriate language in signature blocks and certificate
of recording block.
[2]
Editor's Note: See 63 P.S. § 148
et seq.
(2)
Data to be submitted with plat shall be as follows:
(a)
For large acreage developments (greater than
five acres), a drawing showing the entire parcel to be developed.
No scale is required.
(b)
Percolation test data (when required).
(c)
Copies of any existing or proposed deed restrictions
or protective covenants.
(d)
Private agreements or recorded covenants between
or among property owners.
A.
Relationship to preliminary plans. Submissions for
final plan approval shall conform in all substantive details with
preliminary plans, as previously approved, except that the final plan
shall cover at least 25% of dwelling units proposed on the total subdivision
or land development approved as preliminary plan and, furthermore,
any conditions specified in the approval of preliminary plans shall
be incorporated in the final plans.
B.
Final plat requirements. Final plats for the purpose
of recording shall be drawn in ink on either sixteen-inch-by-twenty-two-inch
or twenty-two-inch-by-thirty-four-inch sheets of linen, Mylar or similar
material and shall be accompanied by the following information in
the scale and format specified:
(1)
Location map: a diagram of the surrounding area sufficient
to clearly indicate the location of the proposed subdivision or land
development within the Township boundaries.
(2)
Tract information: a scaled drawing showing the boundaries
of the entire tract to be subdivided or developed, any previous out-sales
or lot transfers, the portion to be subdivided into lots or otherwise
developed, and the names and recording data of all abutting subdivision
or land developments.
(3)
Subdivision or land development plat: a plat of the
lot or lots to be formed or developed, drawn to a scale not smaller
than 100 feet to one inch and showing:
(a)
Primary control points or description and ties
to such control points, to which all dimensions, angles, bearings
and similar data on the plat shall be referred.
(b)
Final rights-of-way, easements and property
and/or building lot lines with accurate dimensions, bearing or deflection
angles; and radii, arcs and central angles of all curves.
(c)
Edge of existing or proposed street pavement,
clear sight triangle and building setback lines with dimensions, including
the radii of the edge of pavement at intersections with existing or
proposed streets or access drives.
(d)
Street names, purpose of easements and other
rights-of-way and block, lot and/or parcel numbers.
(e)
Location and description of all survey monuments
and markers.
(f)
Location of all watercourses, wetlands and floodplains
and temporary erosion and sediment pollution control facilities.
(g)
Location and size of stormwater detention facilities,
including on-lot facilities as shown in Exhibit #5.[1]
[1]
Editor's Note: Exhibits #1 through #6 are included in Appendix A as an attachment to this chapter.
(h)
Location and type of wastewater disposal system.
(4)
Plat data: title identifying the subdivision or land
development and the municipality in which located, name and address
of the developer, scale and North point of the subdivision plat (and
of the tract map if separate diagram), date of plan, narrative of
activity proposed number of dwelling units and/or structures by type,
certification and seal of the land surveyor and any other professional
responsible for the plan in accordance with the Professional Engineers
and Professional Land Surveyors Registration Law,[2] certification of title showing that the applicant is the
landowner, appropriate worded signature blocks and certificate of
recording block.
[2]
Editor's Note: See 63 P.S. § 148
et seq.
C.
Data to be submitted with the final plat. Final plat
submissions shall be accompanied by the following with all plans and
drawings to be on sheets 22 x 34 inches:
(1)
Profiles of all existing and proposed streets showing
center-line grades approved by the Township Engineer in accordance
with the design standards of this chapter and showing the existing
ground line.
(2)
Cross sections of existing and proposed streets showing
the type of construction, depth and type of base material, the width
of rights-of-way, width of cartway, curb construction, location and
width of sidewalks and locations and size of utility lines, where
applicable.
(3)
Plans and profiles of proposed sanitary and/or stormwater
sewers, with grades and pipe sizes indicated, and a plan of any proposed
water distribution system, showing pipe sizes and location of valves
and fire hydrants, as applicable.
(4)
A final stormwater management plan with all grades,
sizes and facilities located as applicable.
(5)
A final erosion and sedimentation control plan [see § 185-15C(3)], including certification that permits required by the Pennsylvania Department of Environmental Protection have been issued.
(6)
A final development plan of any single-family or multifamily
units and nonresidential development, showing the location and dimensions
and configuration of all buildings, streets, parking areas, walkways,
recreation areas and/or facilities, watercourses, wetlands and floodplains,
stands of trees and other natural or man-made development features.
(7)
Certification of preliminary plan approval and signed,
executed agreement to provide service from the sewer and/or water
authority, area water company with jurisdiction and/or a Pennsylvania
Department of Environmental Protection approved planning module, for
proposed public or private sanitary sewerage disposal and any revision
to the Township's Act 537 plan. Water supply and distribution facilities
being provided by the developer must be inspected by the municipal
authority with jurisdiction or the Pennsylvania Department of Environmental
Protection, where applicable.
(9)
Certification from a qualified engineer that:
(a)
The proposed development will not cause any
environmental hazard or risk of subsidence.
(b)
The final plan incorporates all measures and
practices recommended in the subsidence risk assessment and/or geotechnical
investigation report, and such measures and practices shall eliminate
or avoid any environmental hazards or risks of subsidence.
(10)
The final plan satisfies all relevant federal,
state, county and municipal environmental standards (can be placed
in developer's agreement).
(11)
Evidence that the required financial security
as a performance guaranty has been deposited with the Township following
review by the solicitor.
(12)
Statement by the developer offering the dedication
of any streets, rights-of-way and land for public uses to be so offered;
and evidence that the maintenance of any private or semi-public area
or facility not being offered for dedication is assured through the
creation of an organization for that purpose.
(13)
Developer's agreement: agreement between the
Township and the developer which specifies conditions which are necessary
to guarantee the installation of all required improvements, as well
as language which will indemnify the Township in connection therewith.
The form shall be acceptable to the Township Solicitor.
D.
Review procedure: final plan. Applications for final
plan review and approval shall be submitted and processed in accordance
with the following:
(1)
Application.
(a)
Applications for final approval shall be submitted
to the Township for review by the Planning Commission. Twenty copies
of the final plat and five copies of the land development plan, when
required, and four copies of all other data required to be submitted
with said plat shall accompany the application. Consideration of any
such application filed fewer than 10 working days prior to a regularly
scheduled meeting of the Planning Commission shall not be accepted.
(b)
The final plan submission shall cover at least
25% of all dwelling units proposed on the entire subdivision or land
development as shown on the approved preliminary plan. In such cases,
the applicant shall submit a tentative schedule for the development
of the balance of the tract. The final plan submission requirements
as set forth herein and procedures must be followed for each subsequent
section prior to installation of improvements, recording and sale
or transfer of lots within such sections.
(2)
Review by other agencies. Upon receipt of said application,
the Planning Commission Secretary shall distribute one copy of the
final plat and any related documentation to the Allegheny County Planning
Department and other pertinent boards and agencies, as appropriate,
for their review and comment.
(3)
Approval of plats: final.
(a)
The Board of Supervisors shall taken action
on a final subdivision or land development plat within 90 days of
the first scheduled Planning Commission meeting following receipt
of the application as follows, unless a request for an extension of
time is granted.
(b)
The action taken by the Board of Supervisors
shall consist of approval, approval with conditions or disapproval
of the plan, and:
[1]
The decision of the Board of Supervisors shall
be in writing and shall be communicated to the applicant personally
or mailed, by certified mail, to him or her at his or her last known
address not later than 15 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 described the requirements which have not been met and shall,
in each case, cite to the provision of the statute or ordinance relied
upon.
[3]
Failure of 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 of communication
shall have like effect.
[4]
When the Board of Supervisors grants conditional
approval and such conditions have been accepted by the applicant,
the plan for recording (Mylar, etc.) shall not be signed by the Board
of Supervisors until such conditions have been met. The signature
of the plan shall include the date on which the condition(s) has been
met, not the date on which the conditional approval was granted.
A.
Upon approval and certification of a subdivision or
land development final plan, the receipt of the improvement guaranty
and the receipt of all required documents of this chapter, the applicant
shall, within 90 days, record the final plan, along with any homeowners'
association documents required to be recorded in such office, with
the Allegheny County Recorder of Deeds.
B.
Upon recording of the final plat and homeowners' association
documents with the Allegheny County Recorder of Deeds, the applicant
shall deliver to the Township two paper prints of the plat, as recorded,
and one set of approved construction drawings. In addition, the applicant
shall also provide to the Township the digitized plan, on a three-and-one-half-inch
disk, in the .DXF format.
C.
After an approved subdivision plan shall have been
officially recorded, the streets, parks and other public improvements
shown thereon shall be considered to be a part of the official plan
of the Township.
D.
Streets, parks and other public improvements shown
on a subdivision plan to be recorded may be offered for dedication
to the Township by formal notation thereof on the plan, or the owner
may note on such plan that any improvements have not been offered
for dedication to the Township.
E.
Every street, park or other improvement shown on a
subdivision plan shall be deemed to be a private street, park or improvement
until such time as the same shall have been offered for dedication
to the Township and accepted by ordinance or resolution or until it
shall have been condemned for use as a public street, park or other
improvement.
F.
Any single nonresidential land development whether
occurring on one lot or on a combination of parcels under single ownership
and phased over a period of years shall be recorded with Allegheny
County as an approved site plan following completion of all contemplated
improvements and structures. One Mylar drawing shall be submitted
to the Allegheny County Recorder of Deeds and two paper copies filed
with the Township of West Deer.
G.
In the event that a plan has not been recorded within
the required 90 days, the Township Manager is authorized to reinstate
the Township approval for recording, provided that:
