Township of South Strabane, PA Article V Major Subdivisions

§ 206-18 Applicability.

This article shall apply to any subdivision, as defined herein, that proposes any number of lots that have frontage on a newly constructed public or private street or the extension of an existing public or private street and/or that involves the creation or extension of any other public improvements to serve the lots in the proposed subdivision.

§ 206-19 Preapplication activities.

A. Preapplication conference. Prior to filing an application for preliminary approval, the applicant may meet with the Township Zoning Officer and the Township Engineer to obtain application forms and procedural guidelines and to discuss application procedures and applicable ordinance requirements. The Zoning Officer may invite other Township representatives to attend, if warranted.

B. Preapplication meeting.

(1) In addition, prior to filing an application for preliminary approval, the developer may appear before the Planning Commission for a preapplication meeting to discuss the applicable regulations governing the subdivision and/or development of the property and the feasibility and timing of the application. The applicant shall contact the Township Zoning Officer or his/her authorized designee at least 14 calendar days prior to the regular meeting of the Planning Commission to request a preapplication meeting with the Planning Commission.

(2) The preapplication meeting 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.

C. Suggested information sources. While no formal application is required for a preapplication meeting, it is suggested that the applicant provide one copy of readily available information with the request for a preapplication conference that shows 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 that may be used include the deed for the property, a property survey, the Tax Maps prepared by the Washington County Assessor's Office, USGS 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 United States Bureau of Mines coal mine maps.

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

§ 206-20 Preliminary application requirements.

All applications for preliminary approval of a major subdivision shall include the following:

A. A minimum of 10 copies of the completed application form supplied by the Township.

B. Application filing fee, as required by § 206-80 of this chapter.

C. A copy of the applicant's cover letter transmitting the application to the Washington County Planning Commission for review.

D. Evidence of proprietary interest acceptable to the Township Solicitor.

E. A minimum of 10 copies of a preliminary plat prepared and sealed by a Pennsylvania registered professional land surveyor, drawn at a scale of not less than one inch equals 50 feet, drawn on sheets not exceeding 34 inches by 44 inches, and containing the following information:

(1) A boundary survey prepared by a registered professional land surveyor and a topographical survey of the total proposed subdivision by a registered professional engineer or registered professional land surveyor. If the developer intends to develop a tract of land in phases, the preliminary plat shall include the total tract.

(2) The proposed name of the subdivision.

(3) The name, address, certification and seal of the registered engineer or registered surveyor who prepared the plat and the registered surveyor who did the survey shown on the plat.

(4) The name and address of the developer and, if the developer is not the landowner, the name and address of the landowner.

(5) A location map showing the plan name and location, major existing thoroughfares related to the site, including the distance therefrom, title, scale and North point.

(6) The graphic scale, North point and date.

(7) The legend and notes.

(8) Date of preparation. All revisions shall be noted and dated.

(9) The existing platting of land adjacent to the site, including the names of adjoining owners, and all existing sewers, water mains, culverts, petroleum or gaslines and fire hydrants on or within 100 feet of the site shall be shown.

(10) The names of all adjoining subdivisions.

(11) Existing watercourses, wetlands, tree masses and other significant natural features.

(12) Location of existing buildings and all other structures, including walls, fences, culverts and bridges, with spot elevations of such buildings and structures. Structures to be removed shall be indicated by dashed lines; structures to remain shall be indicated by solid lines.

(13) Areas subject to periodic flooding, as identified on the current Official Map for the Township issued by the Federal Insurance Administration.

(14) A wetlands determination report for all sites which have hydric soils or soils with hydric inclusions and, if applicable, a wetlands delineation report for all jurisdictional wetlands on the site and the design techniques proposed to accommodate them.

(15) Contours at intervals of elevation of not more than five feet where the slope is greater than 10% and at intervals of not more than two feet where the slope is 10% or less.

(16) Written or graphic evidence that all earthmoving activities shall conform to Chapter 109, Excavations, Filling and Grading, of the Code of the Township of South Strabane.

(17) A soils map identifying soils which are landslide prone, if any.

(18) Existing streets and rights-of-way on or adjoining the site, including dedicated widths, roadway widths, approximate gradients, types and widths of pavements, curbs, sidewalks and other pertinent data.

(19) Existing and proposed easements, locations, widths and purposes.

(20) Location, width and approximate grade of all proposed streets, and the cuts or fills on said streets at fifty-foot intervals.

(21) The layout of lots (showing scaled dimensions), lot numbers and the area of lots in square feet.

(22) Front building lines.

(23) Parcels of land proposed to be reserved for schools, parks, playgrounds or other public, semipublic or community purposes, if any. Parcels shall be lettered "A," "B," "C," etc., and the area of each parcel, in acres, shall be shown.

(24) Tabulation of site data, including total acreage of land to be subdivided, the number of residential lots, typical lot size, the acreage in the subdivision and the acreage in any proposed recreation or other public areas.

(25) The location of all existing sewer lines, culverts, or other underground structures, with pipe sizes and types, together with a preliminary layout of necessary extensions of, or additional, sewer lines or other proposed underground utilities, and indicating easements for public utilities, sewage and drainage.

(26) Feasibility of proposals for disposition of sanitary waste.

(27) The type and location of proposed public improvements and the distance to each existing utility.

(28) The type and location of proposed private improvements, if any.

(29) Written or graphic evidence that all plans conform to the South Strabane Township construction standards.[1]

[1] Editor's Note: See Chapter 95, Construction Codes, Uniform.

(30) 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. § 670-101.

(31) Plan monumentations, as required by § 206-53 of this chapter.

F. Traffic impact study.

(1) For all applications that propose 75 or more additional trips during the adjacent roadway's peak hours, a traffic impact study prepared by a qualified traffic engineer.

(2) The traffic impact study shall be submitted, detailing the nature and extent of trip generation expected to result from the proposed development. The report shall utilize the trip generation ratios and methodology contained in the current edition of the manuals of the Institute of Transportation Engineers (ITE). The report shall include the following:

(a) A brief description of the proposed project in terms of land use and magnitude.

(b) An inventory and analysis of existing roadway and traffic conditions in the site environs, including:

[1] Roadway network and traffic control.

[2] Existing traffic volumes in terms of peak hours and average daily traffic (ADT).

[3] Planned roadway improvements by others.

[4] Intersection levels of service.

[5] Other measures of roadway adequacy, i.e., lane widths, traffic signal warrants, vehicle studies, etc.

(c) Projected site-generated traffic volumes in terms of:

[1] Peak hours and ADT (by development phase, if required).

[2] Approach/departure distribution, including method of determination.

[3] Site traffic volumes on roadway.

(d) An analysis of future traffic conditions, including:

[1] Future design year, or years with phasing, combined traffic volumes (site traffic plus future roadway traffic).

[2] Intersection levels of service.

[3] A pavement analysis of roadways which are projected to experience significant increases in ADT volumes off site.

[4] Other measures of roadway adequacy, i.e., lane width, traffic signal warrants, vehicle delay studies, etc.

[5] When access is onto a state road, the analysis of future conditions shall be consistent with PennDOT requirements.

(e) A description of future levels of service and their compliance with standards for traffic capacity of streets, intersections and driveways. New streets shall be designed for adequate traffic capacity, defined as follows. All reference to "levels of services" (LOS) shall be as defined by the Highway Capacity Manual, Special Report 209, published by the Transportation Research Board.

[1] Traffic capacity LOS shall be based upon a future design year which coincides with completion of the development.

[2] Unsignalized intersections or driveways which intersect streets shall be designed for LOS C or better for each traffic movement, unless otherwise specified by the Borough.

[3] Signalized intersections shall be designed for LOS C or better. Existing intersections impacted by development traffic shall maintain a minimum LOS D, or, if future base LOS E or F, then degeneration in delays shall be mitigated. A future design year without the proposed development shall be completed for comparison purposes.

[4] Streets shall be designed for a minimum LOS C.

(f) A description and analysis of the proposed access plan and site plan, including:

[1] Access plan, including analysis of required sight distances using PennDOT criteria and description of access roadway, location, geometric conditions and traffic control.

[2] On-site circulation plan showing parking locations and dimension, loading access, circulation roadway, pedestrian circulation and traffic control.

(g) Traffic circulation mitigating action plan shall include:

[1] Project features relative to site access and on-site circulation which could be modified to maximize positive impact or minimize negative impact.

[2] Off-site improvement plan, depicting required roadway and signal installation and signing improvements to meet the minimum level of service requirements.

(3) Based on the scope of work and the complexity of the project, the Township may require the traffic impact study to be reviewed by a traffic consultant selected by the Township. In such case, the applicant required to submit the traffic impact study shall be required to pay for the cost of the consultant review. No permits for construction or occupancy of a development site shall be issued until said consultant fees are paid.

G. 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 soils 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.

H. Feasibility analysis for the stormwater management plan required by § 206-68 of this chapter.

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

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

§ 206-21 Filing of preliminary application; review.

A. Filing of application.

(1) At least 14 calendar days prior to the regular meeting of the Planning Commission, the applicant shall file a minimum of 10 copies of an application for preliminary approval of a major subdivision to the Zoning Officer or his/her authorized designee. The Zoning Officer, or his/her authorized designee, may require additional copies of the application in the case where an application requires review by the Township's traffic consultant or other professional consultants or other applicable review agencies.

(2) The preliminary application shall not be considered to be complete and properly filed unless and until all items required by § 206-20 of this chapter, including the application filing fee and application review fee, have been received.

(3) In the event that an application is not filed at least 14 calendar days prior to the regular meeting of the Planning Commission, at the applicant's request, the applicant shall be scheduled for a preapplication meeting with the Planning Commission at the next regular meeting immediately following the filing and shall be scheduled for consideration for approval at the next regular meeting of the Planning Commission following the preapplication meeting.

B. Referral of application for review.

(1) Upon receipt, the application shall be stamped with the date of receipt by the Zoning Officer or his/her authorized designee. Upon receipt, copies of the application shall be distributed to the Township Engineer, each member of the Planning Commission and the Chairman of the Board of Supervisors.

(2) It shall be the responsibility of the applicant to submit three copies of the application to the Washington County Planning Commission for review and comment at the time the application is submitted to the Township. The county review fee shall be paid by the applicant.

C. Completeness review.

(1) The Township Engineer shall perform a completeness review. If the application is found to be incomplete, a written completeness review shall be provided to the Planning Commission, with a copy to the applicant, citing the specific items required by § 206-20 that have not been provided by the applicant.

(2) If, after receiving the Township Engineer's completeness review, the applicant fails to submit a revised application in adequate time for the Township Engineer to review it, or the revised application fails to adequately address the deficiencies cited in the completeness review, the Planning Commission may table consideration of the application until the next regular meeting of the Planning Commission. If necessary, the Planning Commission may request that the applicant grant the Board of Supervisors an extension, in writing, of the ninety-day period to act on the application.

D. Compliance review.

(1) Once an application is determined to be complete, the Township Engineer and any other professional consultants that may be retained by the Township shall perform a compliance review, as defined herein, to determine whether the application meets all applicable requirements of this chapter and Chapter 245, Zoning, of the Code of the Township of South Strabane. Even though the compliance review indicates that certain technical requirements of this chapter have not been met, the application shall be scheduled for consideration for approval by the Planning Commission at its next regularly scheduled meeting following submission of the application.

(2) If the compliance review indicates deficiencies, the Planning Commission may table consideration of the application until the next regular meeting of the Planning Commission or may recommend disapproval of the application. If necessary, the Planning Commission may request that the applicant grant the Board of Supervisors an extension, in writing, of the ninety-day period to act on the application to allow the applicant to address the deficiencies prior to consideration for approval by the Board of Supervisors.

§ 206-22 Modified approval procedure.

A. Applicability; exclusions.

(1) Upon written request by the applicant, in reviewing an application for preliminary approval of a major subdivision, as defined herein, the Planning Commission, in its sole discretion, may grant a modification to the procedural requirements of §§ 206-23 and 206-26 and may substitute this modified approval procedure in their place. The modified approval procedure may be authorized for major subdivisions that do not warrant any conditions to be attached to the Planning Commission's recommendation for preliminary approval or for major subdivisions that only warrant conditions that address drafting changes or other minor compliance issues raised in the Township Engineer's compliance review.

(2) Any major subdivision that involves one or more of the factors listed below shall be excluded from this modified approval procedure and shall be subject to all provisions specified in §§ 206-23 and 206-26 for preliminary and final approval and, more particularly, the requirement of § 206-24A that preliminary approval of a major subdivision by the Board of Supervisors shall be a prerequisite for filing an application for final approval of a major subdivision.

(3) Applications for approval of a major subdivision which are excluded from the modified procedure outlined in this section include the following:

(a) Any application that proposes one or more modifications to this chapter.

(b) Any application that requires one or more variances to the requirements of Chapter 245, Zoning, of the Code of the Township of South Strabane.

(c) Any application that requires conditional use approval for any aspect of the proposed development.

(d) Any application that warrants conditions to be attached to preliminary approval, which conditions require revisions to the design of the circulation system or points of ingress or egress; changes to the layout of lots; changes to stormwater management design or calculations; permits, approvals, easements or agreements with third parties (other than those specified in the application requirements for final approval in § 206-25); or any other issue raised in the Township Engineer's compliance review that the Planning Commission deems substantive.

B. Modified approval procedure described. In authorizing the modified approval procedure, the Planning Commission automatically grants a waiver to the requirement of § 206-24A that requires the Board of Supervisors to grant preliminary approval to a major subdivision as a prerequisite to filing an application for final approval. The modified approval procedure described herein modifies and replaces the two-step process outlined in §§ 206-23 and 206-26.

(1) Planning Commission recommendation on application for preliminary approval. Once all of the requirements of §§ 206-20 and 206-21 for preliminary approval have been met, and the Planning Commission makes the written recommendation to the Board of Supervisors in accordance with § 206-23A, the Planning Commission may authorize submission of the final application in accordance with §§ 206-24 and 206-25 for those applications that meet the criteria of Subsection A. As a condition of utilizing the modified approval procedure, the applicant shall grant the Board of Supervisors an extension, in writing, of the ninety-day period to act on the application for preliminary approval. The extension shall establish that the ninety-day period for the application for preliminary approval shall run concurrent with the ninety-day period to act on the application for final approval.

(2) Planning Commission recommendation on application for final approval.

(a) Once all of the requirements of §§ 206-24 and 206-25 for final approval have been met, and the Planning Commission makes the written recommendation to the Board of Supervisors in accordance with § 206-26A(1), the Planning Commission shall forward the preliminary and final applications to the Board of Supervisors, along with the Planning Commission's letters of recommendation as required by §§ 206-23A and § 206-26A(1).

(b) The Board of Supervisors shall consider both preliminary and final approval of the major subdivision in a single motion. The procedure for the combined preliminary and final approval shall be subject to the provisions of § 206-26A(2), (3) and (4) and §§ 206-27 through 206-32.

§ 206-23 Preliminary application approval.

A. Planning Commission recommendation.

(1) The Township Engineer shall present a written compliance review to the Planning Commission, with a copy to the applicant, that states whether an application complies with the requirements of this chapter and Chapter 245, Zoning, of the Code of the Township of South Strabane. The Township Engineer's compliance review shall be included in the minutes of the Planning Commission meeting.

(2) At the first regular meeting of the Planning Commission, after the date of filing of a preliminary application, the Planning Commission shall begin its review. The Planning Commission may table the application until any deficiencies identified by the Township Engineer's compliance review have been addressed by the applicant. If necessary, the Planning Commission may request that the applicant grant the Board of Supervisors an extension, in writing, of the ninety-day period to act on the application. If the applicant fails to grant such an extension, the Planning Commission may recommend disapproval of the application based on the deficiencies identified.

(3) Within 60 days of the official date of filing of the preliminary application, the Planning Commission shall make a written recommendation to the Board of Supervisors for approval, approval with conditions or disapproval of the preliminary application. The recommendation of the Planning Commission shall provide reasons for the recommendation and, in the case of a recommendation for disapproval, shall cite the specific requirements of this chapter which have not been met.

B. Board of Supervisors action.

(1) The Township Engineer shall submit a written compliance review of the application to the Board of Supervisors. The Township Engineer's compliance review shall be made part of the record at the meeting where the application is considered for approval.

(2) The Board of Supervisors shall not act until the review has been received from the Washington County Planning Commission or until 30 days have passed since the date that the application was submitted to the county for review.

(3) The Board of Supervisors shall either approve, approve with conditions or disapprove the preliminary application at a public meeting. The recommendation of the Planning Commission and the Planning Commission minutes shall be made a part of the record at the meeting.

(4) The Board of Supervisors shall render its decision on the application no later than 90 days following the Planning Commission's regular meeting next following the date that the application is filed, provided that should the next regular meeting of the Planning Commission occur more than 30 days following the filing of the application, the 90 days shall be measured from the 30th day following the day the application had been filed.

C. Notice to applicant. 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. If the preliminary application is not approved, the Board of Supervisors shall specify the defects found in the preliminary application and cite the requirements of this chapter which have not been met.

D. Conditional approval.

(1) If the Board of Supervisors 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 C of this section.

(2) If the applicant does not accept the conditions attached to preliminary approval, the applicant shall give written notice to the Township Manager or his/her authorized designee within 30 days of the date of the meeting of the Board of Supervisors at which preliminary approval is granted. If the applicant fails to give written notice to the Township Manager or his/her authorized designee regarding rejection of the conditions attached to preliminary approval within the required 30 days, the conditions attached to preliminary approval shall be presumed to be acceptable.

E. Deemed approval. Failure of the Board of Supervisors 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.

F. Expiration of preliminary approval.

(1) Preliminary approval shall expire five years from the date of the grant of preliminary approval by the Board of Supervisors, unless a written extension is submitted by the applicant and approved by the Board of Supervisors. Any request for extension shall be submitted to the Board of Supervisors 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 Supervisors that such extension is warranted.

(2) In the case of a phased development, calling for the installation of improvements beyond the 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 approval of the final phase has been granted. Any modification in the aforesaid schedule shall be subject to approval by the Board of Supervisors, in its sole discretion.

(3) The five-year period shall be extended for the duration of any litigation, including appeals, which prevents the commencement or completion of the development and for the duration of any sewer or utility moratorium or prohibition which was imposed subsequent to the filing of an application for preliminary approval of a plat. In the event of an appeal filed by any party from the approval or disapproval of a plat, the five-year period shall be extended by the total time from the date the appeal was filed until a final order in such matter has been entered and all appeals have been concluded and any period for filing appeals or requests for reconsideration have expired.

§ 206-24 Final application procedure.

A. General procedure. After a preliminary application filed pursuant to §§ 206-20 and 206-21 has been approved by the Board of Supervisors, or when preparation of a final application is authorized by the Planning Commission prior to preliminary approval by the Board of Supervisors in accordance with § 206-22, the developer may proceed by filing either of the following types of applications:

(1) A final application, without final plat approval, whereupon required improvements are installed prior to a request for final plat approval; or

(2) A final application, including final plat approval, together with the performance bond to guarantee proper installation of required improvements in the plan.

B. Filing of application.

(1) In either of the cases provided for in Subsection A above, the applicant shall submit a minimum of 10 copies of the final application to the Township Manager, or his/her authorized designee, at least 14 calendar days prior to the regular meeting of the Planning Commission. One copy of the approved preliminary plan shall accompany the final application. The final application shall contain all of the information required by Subsection G or H, whichever is applicable.

(2) The Township Manager or his/her authorized designee may require additional copies of the application in the case where an application requires review by the Township's traffic consultant, other professional consultants or other applicable review agency.

(3) In the event that an application is not filed at least 14 days prior to the regular meeting of the Planning Commission, at the applicant's request, the applicant may be scheduled for a preapplication meeting with the Planning Commission at the next regular meeting immediately following the filing, and the application shall be scheduled for consideration for approval at the next regular meeting of the Planning Commission following the preapplication meeting.

C. Referral of application for review.

(1) Upon receipt, the application shall be stamped with the date of receipt by the Township Manager or his/her authorized designee. Upon receipt, copies of the application shall be distributed to the Township Engineer, each member of the Planning Commission and the Chairman of the Board of Supervisors.

(2) It shall be the responsibility of the applicant to submit one copy of the application to the Washington County Planning Commission for review and comment at the time the application is submitted to the Township. The county review fee shall be paid by the applicant.

D. Completeness review.

(1) The Township Engineer shall perform a completeness review, as defined herein. If the application is found to be incomplete, a written completeness review shall be provided to the Planning Commission, with a copy to the applicant, citing the specific items required by § 206-24 that have not been provided by the applicant.

(2) If, after receiving the Township Engineer's completeness review, the applicant fails to submit a revised application in adequate time for the Township Engineer to review it, or the revised application fails to adequately address the deficiencies cited in the completeness review, the Planning Commission may table consideration of the application until the next regular meeting of the Planning Commission. If necessary, the Planning Commission may request that the applicant grant the Board of Supervisors an extension, in writing, of the ninety-day period to act on the application.

E. Compliance review.

(1) Once an application is determined to be complete, the Township Engineer and any other professional consultants that may be retained by the Township shall perform a compliance review, as defined herein, to determine whether the application meets all applicable requirements of this chapter and Chapter 245, Zoning, of the Code of the Township of South Strabane. Even though the compliance review indicates that certain technical requirements of this chapter have not been met, the application shall be scheduled for consideration for approval by the Planning Commission at its next regularly scheduled meeting following submission of the application.

(2) If the compliance review indicates deficiencies, the Planning Commission may table consideration of the application until the next regular meeting of the Planning Commission or may recommend disapproval of the application. If necessary, the Planning Commission may request that the applicant grant the Board of Supervisors an extension, in writing, of the ninety-day period to act on the application to allow the applicant to address the deficiencies prior to consideration for approval by the Board of Supervisors.

F. Final application for approval of a final plat for recording and posting of performance bond to construct improvements. A final application for approval of a final plat for recording and posting of a performance bond to construct improvements shall not be considered to be complete and properly filed unless and until all items required by § 206-25 of this chapter, including the application filing fee and application review fee, have been received.

G. Final application for approval to construct improvements without posting a performance bond and subsequent approval of a final plat for recording after acceptance of improvements.

(1) In the case of a final application for approval to construct improvements without posting a performance bond and subsequent approval of a final plat for recording after acceptance of improvements, the performance bond required by § 206-28 shall not be required; however, all other materials required to complete a final application, including the final plat required by § 206-25E, shall be submitted. The application shall not be considered to be complete and properly filed unless and until all required materials, including the application filing fee and application review fee, have been received.

(2) Additional filing fees shall not be charged at the time of the subsequent request for final plat approval for recording following acceptance of the improvements, if the request for final plat approval for recording is submitted within 12 months of the date of submission of the final application for approval to construct improvements without posting a performance bond and subsequent approval of a final plat for recording after acceptance of improvements. However, the application review fee required by § 206-80B shall be charged both at the time of filing of the final application for approval to construct improvements without posting a performance bond and the subsequent submission of the final plat for approval for recording.

H. Final application requiring zoning variances.

(1) Any application for final approval of a major subdivision which requires a variance to any requirement of Chapter 245, Zoning, of the Code of the Township of South Strabane shall not be submitted until the Zoning Hearing Board's decision is available for submission with the application for final approval.

(2) If the necessary variances are not granted, the applicant may amend the application for preliminary approval to conform to the requirements of Chapter 245, Zoning, of the Code of the Township of South Strabane concurrent with submission of the final application. If the failure to obtain the necessary variances results in substantive changes to the preliminary plat, the Township may require submission of a new application for preliminary approval in accordance with §§ 206-20, 206-21 and 206-23 of this chapter.

§ 206-25 Final application requirements.

All applications for final approval of a major subdivision shall include the following:

A. A minimum of 10 copies of the completed application form supplied by the Township.

B. Application filing fee, as required by § 206-80 of this chapter.

C. Evidence of proprietary interest acceptable to the Township Solicitor.

D. One copy of the approved preliminary plat.

E. A minimum of 10 copies of the final plat, in accurate and final form for recording, which clearly delineates the following:

(1) The name of the subdivision.

(2) The name and address of the developer and, if the developer is not the landowner, the name and address of the landowner.

(3) The name, address, certification and seal of the registered land surveyor who prepared the plat.

(4) The North point, graphic scale and date.

(5) The legend and notes.

(6) Accurate boundary lines, with dimensions and bearings.

(7) Accurate locations of all existing and recorded streets intersecting the boundaries of the tract of land described in the final plat.

(8) Lot numbers and dimensions.

(9) Final building lines.

(10) Easements for public improvements and any limitations on such easements.

(11) Dimensions and bearings of any property to be reserved for public, semipublic or community use.

(12) Street names.

(13) Complete curve data for all curves included in the final plat, including radius, arc length, chord bearing and chord distance. Lines which join these curves that are nonradial or nontangential should be so noted.

(14) Street lines with accurate dimensions in feet and hundredths of feet.

(15) 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).[1]

[1] Editor's Note: See 36 P.S. § 670-101.

(16) Location, type and size of all monuments and lot markers in accordance with the standards and requirements of § 206-53 of this chapter and the Washington County Planning Commission and an indication of whether they were found or set.

(17) In the case where one or more variances to the requirements of Chapter 245, Zoning, of the Code of the Township of South Strabane has been granted, a notation on the plat regarding the date and substance of the variance(s).

(18) In the case where waivers or modifications to the requirements of this chapter have been granted, a notation on the plat regarding the date and substance of the waiver or modification.

(19) Certification clauses shown in Appendix IV, as applicable.[2]

[2] Editor's Note: Appendix IV is included at the end of this chapter.

(20) Spaces for the signatures of the Chairman and Secretary of the Planning Commission, the Chairman and Secretary of the Board of Supervisors and the Township Engineer, and dates of approval. (See Appendix IV.[3])

[3] Editor's Note: Appendix IV is included at the end of this chapter.

F. Four copies of construction plans for public improvements prepared by a registered professional engineer, drawn on sheets not exceeding 34 inches by 44 inches, showing the following:

(1) Conformity with the design standards specified in Article IX of this chapter and the Township construction standards.[4]

[4] Editor's Note: See Chapter 95, Construction Codes, Uniform.

(2) Street plan and profile of each street in the plan, including the terminus of all streets in the plan and any area beyond the limits of the plan where grading is proposed to construct the street. Street plan and profile drawings shall include all drainage easements over property, location of catch basins, inlets, manholes, headwalls and endwalls of the stormwater system. Top and invert elevations shall be shown along with the pipe size. Profile of storm pipes shall show any crossing sanitary sewer lines and may be placed on a separate drawing. Lot lines and lot numbers shall be included in the street plan view.

(3) At least three cross sections at intervals not to exceed 100 feet and extending 50 feet on each side of the street center line or 25 feet outside of the street right-of-way, whichever is greater.

(4) Sanitary sewer plan and profile drawing, which shall include lot lines and lot numbers on the plan view. The location of the sanitary sewers, manholes and location of each "Y" proposed for installation shall be shown. The grade line, distance and pipe size of each line shall be indicated on the plan and profile. The top and invert elevation of each manhole plus pipe invert grades at fifty-foot intervals shall be provided.

(5) All construction drawings shall be prepared according to accepted engineering and construction standards and in accordance with the standard sanitary and storm sewer details available from the Township.

G. Final grading plan, which demonstrates compliance with Chapter 109, Excavations, Filling and Grading, of the Code of the Township of South Strabane.

H. If required by law, evidence that soil erosion and sedimentation control plans have been submitted to the Washington County Conservation District and that the applicant has paid all applicable review fees.

I. Copies of all required local, county, state and federal permits and approvals.

J. Plans showing compliance with recommendations of the soils report or wetlands delineation report, if applicable.

K. Performance bond to guarantee proper installation of public improvements as required by § 206-28 of this chapter, except in the case of final applications for approval to construct improvements without posting a performance bond and subsequent approval of a final plat for recording after acceptance of improvements, as provided for in § 206-24H of this chapter.

L. Development agreement, required by § 206-29 of this chapter.

M. Final covenants and restrictions applicable to the plan, if any.

N. Homeowner's association bylaws and management plan, if applicable.

O. Evidence of cross-easements and maintenance agreements for shared driveways or private streets, if applicable.

P. A copy of the Zoning Hearing Board's decision in the case where any zoning variances are required.

§ 206-26 Final application approval.

A. Final application for approval of a final plat for recording and posting of performance bond to construct improvements. For all final applications for approval of a final plat for recording and posting of performance bond to construct improvements submitted under § 206-24G, the following procedure shall apply:

(1) Planning Commission recommendation.

(a) The Township Engineer shall present a written compliance review to the Planning Commission, with a copy to the applicant, which states whether the application complies with the requirements of this chapter and Chapter 245, Zoning, of the Code of the Township of South Strabane. The Township Engineer's compliance review shall be included in the minutes of the Planning Commission meeting.

(b) At the first regular meeting of the Planning Commission after the date of filing of a final application, the Planning Commission shall begin its review. The Planning Commission may table the application until any deficiencies identified by the Township Engineer's compliance review have been addressed by the applicant. If necessary, the Planning Commission may request that the applicant grant the Board of Supervisors an extension, in writing, of the ninety-day period to act on the application. If the applicant fails to grants such an extension, the Planning Commission may recommend disapproval of the application based on the deficiencies identified.

(c) Within 60 days of the date of filing of the application, the Planning Commission shall make a recommendation, in writing, to the Board of Supervisors for approval or disapproval of the final application. The recommendation of the Planning Commission shall provide reasons for the recommendation and, in the case of a recommendation for disapproval, shall cite the specific requirements of this chapter which have not been met.

(2) Board of Supervisors action.

(a) The Township Engineer shall present a written compliance review to the Board of Supervisors which states whether the application complies with the requirements of this chapter and Chapter 245, Zoning, of the Code of the Township of South Strabane. The Township Engineer's compliance review shall be made part of the record of the meeting where the application is considered for approval.

(b) The Board of Supervisors shall not act until the review has been received from the Washington County Planning Commission or until 30 days have passed since the date that the application was submitted to the county for review.

(c) The Board of Supervisors shall either approve, approve with conditions or disapprove the final application at a public meeting. The Planning Commission's recommendation and the Planning Commission minutes shall be made a part of the record at that meeting.

(d) The Board of Supervisors shall render its decision on the application no later than 90 days following the Planning Commission's regular meeting next following the date that the application is filed, provided that should the next regular meeting of the Planning Commission occur more than 30 days following the filing of the application, the 90 days shall be measured from the 30th day following the day the application has been filed.

(3) Notice to applicant. 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 Board of Supervisors' decision. If the final application is not approved, the Board of Supervisors shall specify the defects found in the final application and cite the requirements of this chapter which have not been met.

(4) Conditional approval.

(a) If the Board of Supervisors 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 A(3) of this section.

(b) If the applicant does not accept the conditions attached to final approval, the applicant shall give written notice to the Township Manager or his/her authorized designee within 30 days of the date of the meeting of the Board of Supervisors at which final approval is granted. If the applicant fails to give written notice to the Township Manager or his/her authorized designee regarding rejection of the conditions attached to final approval within the required 30 days, the conditions attached to final approval shall be presumed to be acceptable.

B. Final applications for approval to construct improvements without posting a performance bond and subsequent approval of a final plat for recording after acceptance of improvements.

(1) Final applications for approval to construct improvements without posting a performance bond and subsequent approval of a final plat for recording after acceptance of improvements shall be considered for approval in accordance with the procedures specified in Subsection A.

(2) If the developer's final application for approval to construct improvements without posting a performance bond has been approved by the Board of Supervisors, and the developer has obtained all necessary permits and approvals from the Township and county, state or federal agencies, if any are required, the developer may proceed to construct improvements as indicated in the final application 72 hours after the developer has notified the Township Engineer by certified mail. The Township Engineer shall then authorize the progress inspections required by § 206-45 of this chapter. The installation of all improvements shall be subject to the progress inspections required by § 206-44.

C. Subsequent approval of final plat for recording after completion of improvements.

(1) Upon completion of the improvements contained in the final application for approval to construct improvements without posting a performance bond, the developer shall notify the Township, in writing, of the completion and shall submit five copies of the final plat for recording containing all the items required by § 206-25E and the as-built plans required by § 206-47 of this chapter with the notice of completion.

(2) Within 10 days of the receipt of the notice of completion and submission of the final plat, the Board of Supervisors shall authorize the Township Engineer to inspect the improvements and review the final plat to determine whether the final plat is in conformance with the previously approved final application and all applicable requirements of this chapter and whether the proper officers of the Township can affix their signatures to the final plat for recording purposes.

(3) Within 30 days of receiving such authorization, the Township Engineer shall report to the Board of Supervisors, in writing, whether the completed improvements comply with the requirements of this chapter and the Township construction standards[1] and whether the final plat complies with all applicable requirements of this chapter. The Township Engineer's report shall indicate approval or rejection of the improvements, either in whole or in part, and, in the case of rejection, shall contain a statement of reasons for such rejection.

[1] Editor's Note: See Chapter 95, Construction Codes, Uniform.

(4) Within 45 days of receipt of the notice of completion of improvements, the Board of Supervisors shall notify the developer, in writing, by certified or registered mail, of the approval or rejection of the improvements. Acceptance of the improvements shall be in accordance with the requirements of § 206-49 of this chapter and shall be further subject to the posting of the maintenance bond required by § 206-50 of this chapter.

(5) Within 45 days of the submission of the final plat, the Board of Supervisors shall either approve or disapprove the final plat for recording purposes at a public meeting. The Township Engineer's written report shall be made a part of the record at that meeting. A letter indicating approval or disapproval shall be sent to the developer by regular mail within 15 days of the date of the decision. If the final plat is not approved, the Board of Supervisors shall specify the defects found in the final plat and shall cite the requirements of this chapter which have not been met.

D. Deemed approval. Failure of the Board of Supervisors 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.

E. Phased approval.

(1) In the case where development of a major subdivision 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 public 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.

(2) 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 §§ 206-20, 206-21 and 206-23 of this chapter prior to consideration of any phase containing substantive changes for final approval.

§ 206-27 Resolution indicating approval.

A. The Board of Supervisors shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining a satisfactory financial security and executing the development agreement required by § 206-29. The resolution shall specify any conditions that have not been met at the time of final plat approval. The resolution shall specify a reasonable time within which the developer shall post the performance bond, execute the development agreement and meet outstanding conditions of approval that can be reasonably met prior to recording of the final plat.

B. The resolution shall specify that final plat approval shall expire and shall be deemed to be revoked if the performance bond is not posted and the development agreement is not executed and all conditions of approval which can be reasonably met prior to recording of the final plat are not met within the time period specified. This time deadline shall constitute the time deadline for the developer to deliver an approved plat for signature by the Board of Supervisors required by § 206-30 of this chapter. The proper officers of the Township are not authorized to sign the plat for recording until the terms of the resolution are satisfied.

C. Upon good cause shown, the Board of Supervisors may extend the time deadline specified in the resolution by adoption of an amendment to that resolution, upon written request of the developer, stating the reasons for the extension requested. Such extension shall not be unreasonably withheld.

§ 206-28 Performance bond for public improvements.

A. In lieu of the completion of any public improvement, as defined herein, required prior to and as a condition for approval of a plat, the applicant shall deposit a performance bond, as defined by this chapter, in favor of the Township, in an amount equal to 110% of the cost of completion of the improvements estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Township may adjust the amount of the performance bond 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, the Township may require the developer to post additional security in order to assure that the performance bond equals said 110%. Any additional security shall be posted by the developer in accordance with this section.

B. The amount of the performance bond 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 an engineer and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another engineer and chosen mutually by the Township and the applicant or developer. The estimate certified by the third 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 the Township and the applicant or developer. If the party posting the performance bond requires more than one year from the date of posting of the performance bond to complete the required improvements, the amount of the performance bond may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of the performance bond or to an amount not exceeding 110% of the cost of completing the required improvements as reestablished on or about the expiration of the preceding one-year period by using the above procedure.

C. 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 the 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 performance bond required by this section.

§ 206-29 Development agreement.

A. As a condition of granting final approval of a subdivision or land development that requires the installation of public improvements or to which conditions are attached to the grant of final approval, the Board of Supervisors shall require that the developer execute a development agreement with the Township, in a form acceptable to the Township Solicitor, containing any conditions attached to the approval of the plan and provisions that are reasonably required to guarantee the proper installation of on-site and off-site improvements related to the subdivision and/or land development and provisions necessary to indemnify the Township in connection therewith.

B. Said agreement shall be executed, the required performance bond shall be posted and all required fees shall be paid before the Township Manager shall affix his or her signature and the Township Seal to the final plat for recording purposes.

C. The development agreement shall contain any conditions of approval that are not met at the time of final approval.

D. If the development agreement is not executed within the time specified in the resolution indicating approval adopted pursuant to § 206-26, final approval shall expire automatically, unless extended by the Board of Supervisors upon written request of the applicant for good cause shown.

§ 206-30 Recording of final plat.

Upon approval of a final plat by the Township, the developer shall record the final plat in the office of the Washington County Recorder of Deeds within 90 days of such final approval or within 90 days of the date of delivery of an approved plat signed by the Board of Supervisors, following completion of conditions imposed for such approval, whichever is later.

§ 206-31 Filing of copies.

Upon recording of the final plat in the office of the Washington County Recorder of Deeds, the applicant shall deliver to the Township Manager, or his/her authorized designee, one paper print of the final plat, as verified recorded, containing all required signatures and dates of approval, including those of the Washington County Recorder of Deeds. In addition, for major subdivisions, the applicant shall deliver to the Township Manager, or his/her authorized designee, a CD-ROM containing the final plat in a digital format acceptable to the Township.

§ 206-32 Mediation option.

A. The Board of Supervisors may offer the mediation option as an aid in completing the proceedings authorized by this article. Mediation shall supplement, not replace, those procedures in this article once they have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting Township police powers or as modifying any principles of substantive law.

B. Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. In offering the mediation option, the Board of Supervisors shall assure that, in each case, the mediating parties, assisted by the mediator, as appropriate, develop terms and conditions for:

(1) Funding mediation.

(2) Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.

(3) Completing mediation, including time limits for such completion.

(4) Suspending time limits otherwise authorized in this chapter or in the Pennsylvania Municipalities Planning Code (Act 247, as amended[1]), provided there is written consent by the mediating parties and by an applicant or the Board of Supervisors, if either is not a party to the mediation.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

(5) Identifying all parties and affording them the opportunity to participate.

(6) Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.

(7) Assuring that mediated solutions are in writing and signed by the parties and become subject to review and approval by the Board of Supervisors pursuant to the procedures for approval set forth in this article.

C. No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.