A.
Prior to filing an application for preliminary approval, the applicant
may meet with the Township Zoning Officer and/or Township Secretary
to obtain application forms and procedural guidelines and to discuss
application procedures and applicable ordinance requirements. The
Zoning Officer and/or Township Secretary may invite other Township
or Authority representatives to attend, if warranted.
B.
In addition, prior to filing an application for preliminary approval,
the developer may appear before the Planning Commission for a preapplication
conference 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 Secretary
or his/her authorized designee at least five calendar days prior to
the regular meeting of the Planning Commission to request a preapplication
conference with the Planning Commission.
C.
The preapplication conference 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.
D.
While no formal application is required for a preapplication conference,
the applicant should provide one copy of readily available information
with the request for a preapplication conference 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 Westmoreland
County Assessor's Office, U.S.G.S. Quadrangle Map showing natural
features and topography, the National Flood Insurance Administration
(NFIA) Flood Hazard Boundary Maps, Natural Resources Conservation
Service Maps of soil types and the U.S. Bureau of Mines coal mine
maps.
E.
A preapplication conference 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 conference and shall not protect the application
from any subsequent changes in ordinance provisions which may affect
the proposed development between the preapplication conference and
the official date of filing of an application for preliminary approval
of a subdivision or land development under the terms of this chapter.
A.
Applications for approval of a minor subdivision.
(1)
Applications for approval of a minor subdivision, as defined by this
chapter, shall be filed with the Township Secretary at least 10 working
days prior to the regular meeting of the Planning Commission. The
application shall include the following information:
(a)
A minimum of eight copies of the completed application form
supplied by the Township.
(c)
Evidence of proprietary interest acceptable to the Township
Solicitor.
(d)
A minimum of eight copies of the final plat, as required by § 292-16P of this chapter, prepared in CAD format acceptable to the Township.
(e)
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.
(f)
A boundary survey prepared by a registered professional land surveyor and any other data required by § 292-13D of this chapter for a preliminary plat, deemed necessary by the Planning Commission to properly review the application. Contours shall not be required, unless deemed necessary by the Planning Commission. A slope map shall not be required.
(g)
If the proposed subdivision is a resubdivision of property in
a previously recorded plan, reference to the lot or parcel numbers
being revised and the name of the previously recorded plan shall be
provided in the title block.
(2)
The applicant shall file a minimum of eight copies of an application for preliminary and final approval of a minor subdivision to the Township Secretary, including the form provided by the Township, at least 10 working days prior to the regular meeting of the Planning Commission. The Township Secretary may require additional copies of the application in the case where reviews by agencies other than those specified in this section are warranted. The preliminary application shall not be considered to be complete and properly filed unless and until all items required by Subsection A of this section, including the application fee, have been received.
(3)
In the event that an application is not timely filed prior to the
regular meeting of the Planning Commission, the applicant shall be
scheduled for a preapplication conference with the Planning Commission
at the next regular meeting immediately following the filing and shall
be scheduled for consideration at the next regular meeting of the
Planning Commission following the preapplication conference.
(4)
Upon receipt, the application shall be stamped with the date of receipt
by the Township Secretary or his/her authorized designee. Upon receipt,
copies of the application shall be distributed to each member of the
Planning Commission.
(5)
The Township Secretary or his/her authorized designee shall submit
one copy of the application to the Westmoreland County Planning Commission
for review and comment within five days of receipt subject to payment
of the County review fee by the applicant.
(6)
If, after reviewing the application at a public meeting, the Planning
Commission identifies deficiencies in the application, the Planning
Commission may table consideration of the application until the next
regular meeting of the Planning Commission to give the applicant the
opportunity to address the deficiencies.
(7)
If, after review, the Planning Commission deems it necessary, the
application may be referred to the Township Engineer for review and
comment.
(8)
If the applicant requires additional time to address the deficiencies,
the Planning Commission may request that the applicant grant the Board
of Supervisors an extension of the ninety-day period to act on the
application. In the event that the applicant does not adequately address
the deficiencies, the Planning Commission may recommend that the Board
of Supervisors deny approval, in which case, the Planning Commission
shall provide a written recommendation citing the specific provisions
of this chapter that have not been met.
(9)
In all cases, the official date of filing of the application for
preliminary and final approval shall be the date of the Planning Commission
meeting at which the Planning Commission first considers the application.
B.
Approval of a minor subdivision.
(1)
If the minor subdivision is part of a larger tract that can be further
subdivided in the future, any future subdivision of the remaining
parcel shall not be eligible for consideration as a minor subdivision,
regardless of the number of lots proposed. The landowner shall not
take any action to divide the original tract or transfer ownership
of any part of the original tract for the sole purpose of avoiding
the requirement to submit an application for a major subdivision.
(2)
Preliminary and final approval may be granted simultaneously for a minor subdivision and the procedure for simultaneous preliminary and final approval of the final plat shall be in accordance with the requirements of § 292-17A, B and F of this chapter. Final approval of a minor subdivision further shall be subject to §§ 292-19, 292-22, 292-23 and 292-24 of this chapter.
A.
The applicant shall file a minimum of eight copies of an application for preliminary approval of a major subdivision to the Township Secretary or his/her authorized designee, including the form provided by the Township, at least 10 working days prior to the regular meeting of the Planning Commission. The Township Secretary 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, geotechnical consultant or other applicable review agency. The preliminary application shall not be considered to be complete and properly filed unless and until all items required by § 292-13 of this chapter, including the application fee, have been received.
B.
In the event that an application is not timely filed prior to the
regular meeting of the Planning Commission, the applicant shall be
scheduled for a preapplication conference with the Planning Commission
at the next regular meeting immediately following the filing and shall
be scheduled for consideration at the next regular meeting of the
Planning Commission following the preapplication conference.
C.
Upon receipt, the application shall be stamped with the date of receipt
by the Township Secretary or his/her authorized designee. Upon receipt,
copies of the application shall be distributed to the Township Engineer
and each member of the Planning Commission.
D.
The Township Secretary or his/her authorized designee shall submit
one copy of the application to the Westmoreland County Planning Commission
for review and comment within five days of receipt subject to payment
of the County review fee by the applicant.
E.
The Township Engineer will perform a completeness review. If the
application is found to be incomplete, a written report shall be provided
to the Planning Commission with a copy to the applicant, indicating
the deficiencies in the application and citing the specific sections
of this chapter that have not been met.
F.
In the event that 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 of the ninety-day
period to act on the application.
G.
In all cases, the official date of filing of the preliminary application
shall be the date of the Planning Commission meeting at which the
Planning Commission first considers the application.
All applications for preliminary approval of a subdivision shall
include the following:
A.
A minimum of eight copies of the completed application form supplied
by the Township;
C.
Evidence of proprietary interest acceptable to the Township Solicitor;
D.
A minimum of eight copies of a preliminary plat, all drawings on
sheets not exceeding 22 inches by 34 inches, 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)
If the proposed subdivision is a resubdivision of property in a previously
recorded plan, reference to the lot or parcel numbers being revised
and the name of the previously recorded plan shall be provided in
the title block.
(4)
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.
(5)
The name and address of the developer and, if the developer is not
the landowner, the name and address of the landowner.
(6)
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.
(7)
The graphic scale, North point and date.
(8)
The legend and notes.
(9)
The existing platting of land adjacent to the site and all existing
sewers and on-site sewage treatment facilities, water mains, private
water wells and any other privately owned utilities, culverts, petroleum
or gas lines and fire hydrants on or within 100 feet of the site shall
be shown.
(10)
Existing watercourses, wetlands, tree masses and other significant
natural features.
(11)
Areas subject to periodic flooding, as identified on the current
Official Map for the Township issued by the Federal Insurance Administration.
(12)
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.
(13)
A slope map showing the location and the area in square feet of all land in two slope categories of 25% to 40% and 41% or greater, including certification by a registered professional geotechnical engineer regarding the feasibility of any proposed grading of these slopes, the stability of the finished slopes, measures to mitigate landslides, soil erosion, sedimentation, stormwater runoff and potential impacts on adjacent properties demonstrating compliance with the requirements of § 292-44D of this chapter.
(14)
Existing streets and rights-of-way on or adjoining the site
within 200 feet of the boundaries of the site, including dedicated
widths, roadway widths, approximate gradients, types and widths of
pavements, curbs, sidewalks and other pertinent data.
(15)
Existing and proposed easements, locations, widths and purposes.
(16)
Location, width and approximate grade of all proposed streets,
parking areas and loading areas.
(17)
The layout of lots (showing scaled dimensions), lot numbers
and the area of lots in square feet.
(18)
Front building lines.
(19)
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.
(20)
Tabulation of site data, either on the plan or on an eight-and-one-half-inch-by-eleven-inch
sheet of paper attached to the plan, 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.
(21)
Proposed public improvements. The size of each proposed improvement
should be shown and the location of, or distance to, each existing
utility indicated.
(22)
The size, type and location of proposed private improvements,
if any.
(23)
If required by law, evidence that Soil Erosion and Sedimentation
Control Plans have been submitted to the Westmoreland County Conservation
District and that the applicant has paid all applicable review fees.
(24)
Written or graphic evidence that all plans conform to the Upper
Burrell Township Construction Standards.
(25)
A soils map identifying soils which are landslide prone or which
have hydric components or wetlands, if any.
(26)
A wetlands delineation report for all jurisdictional wetlands
within the development site, if any.
E.
For all applications that propose 75 or more additional trips during
the adjacent roadway's peak hours. Trip generation calculations
for the proposed development shall be based on the Institute of Transportation
Engineers (ITE) trip-generation ratios for its land use category.
A traffic report prepared by a qualified traffic engineer shall be
submitted detailing the nature and extent of trip generation expected
to result from the proposed development. The report shall utilize
the ratios and methodology contained in the current edition of the
Manuals of the Institute of Transportation Engineers (ITE). The report
shall include the following:
(1)
A brief description of the proposed project in terms of land use
and magnitude.
(2)
An inventory and analysis of existing roadway and traffic conditions
in the site environs, including:
(a)
Roadway network and traffic control.
(b)
Existing traffic volumes in terms of peak hours and average
daily traffic (ADT).
(c)
Planned roadway improvements by others.
(d)
Intersection levels of service.
(e)
Other measures of roadway adequacy, i.e., lane widths, traffic
signal warrants, vehicle studies, etc.
(4)
An analysis of future traffic conditions including:
(a)
Future design year, or years with phasing, combined traffic
volumes (site traffic plus future roadway traffic).
(b)
Intersection levels of service.
(c)
A pavement analysis of roadways which are projected to experience
significant increases in ADT volumes off-site.
(d)
Other measures of roadway adequacy, i.e., lane width; traffic
signal warrants; vehicle delay studies, etc.
(e)
When access is onto a state road, the analysis of future conditions
shall be consistent with PennDOT requirements.
(5)
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.
(a)
Traffic capacity LOS shall be based upon a future design year
which coincides with completion of the development.
(b)
Unsignalized intersections or driveways which intersect streets
shall be designed for LOS C or better for each traffic movement unless
otherwise specified by the Township.
(c)
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.
(d)
Streets shall be designed for a minimum LOS C.
(6)
A description and analysis of the proposed access plan and site plan,
including:
(a)
Access plan including analysis of required sight distances using
PennDOT criteria and description of access roadway, location, geometric
conditions and traffic control.
(b)
On-site circulation plan showing parking locations and dimension,
loading access, circulation roadway, pedestrian circulation and traffic
control.
(7)
Traffic circulation mitigating action plan shall include:
(a)
Project features relative to site access and on-site circulation
which could be modified to maximize positive impact or minimize negative
impact.
(b)
Off-site improvement plan, depicting required roadway and signal
installation and signing improvements to meet the minimum level of
service requirements.
F.
Based on the scope of work and the complexity of the project, the
Township may require the traffic study to be reviewed by a traffic
consultant selected by the Township. In such case, the applicant required
to submit the traffic 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.
A.
Planning Commission recommendation.
(1)
The Township Engineer shall present a written report to the Planning Commission with a copy to the applicant which states whether an application complies with the requirements of this chapter. The Township Engineer's report shall include a copy of the Township Zoning Officer's review indicating compliance with Chapter 350, Zoning. The reports shall be referenced in the minutes at the Planning Commission meeting.
(2)
At the first regular meeting of the Planning Commission, 10 working
days or more after the date of filing of a preliminary application,
the Planning Commission shall either accept the application as properly
filed and begin its review or table the application until any deficiencies
identified by the Township Engineer's review have been addressed
by the applicant. If necessary, the Planning Commission may request
that the applicant grant the Board of Supervisors an extension 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 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.
(2)
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.
(3)
The Township Engineer shall submit a written review of the application
to the Board of Supervisors. The Township Engineer's report shall
be made part of the record at the meeting where the application is
considered for approval. The Board of Supervisors shall not act until
the review has been received from the Westmoreland County Planning
Commission or until 30 days has passed since the date that the application
was submitted to the county for review.
(4)
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.
C.
Conditional approval. 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 B of this section. The applicant shall accept or reject the conditions attached to preliminary approval by giving written notice to the Township Secretary 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 Secretary or his/her authorized designee regarding acceptance or rejection of the conditions attached to preliminary approval within the required 30 days, preliminary approval shall automatically be rescinded without written notice to the applicant.
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.
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.
A.
General procedure.
(1)
After a preliminary application filed pursuant to § 292-13 has been approved by the Board of Supervisors, the developer may proceed by filing either of the following types of applications:
(a)
A final application without final plat approval, whereupon required
improvements are installed prior to a request for final plat approval;
or
(b)
A final application, including final plat approval, together
with the performance guarantee to guarantee proper installation of
required improvements in the plan.
(2)
In either case, the applicant shall submit a minimum of eight copies
of the final application to the Township Secretary or his/her authorized
designee, including the form provided by the Township. The Township
Secretary 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, geotechnical consultant
or other applicable review agency. The application shall be submitted
to the Township Secretary or his/her authorized designee at least
10 working days prior to the next regularly scheduled meeting of the
Planning Commission to be considered at that meeting. A copy of the
approved preliminary plan shall accompany the final application.
(3)
Upon receipt, the application shall be stamped with the date of receipt
by the Township Secretary or his/her authorized designee. Upon receipt,
copies of the application shall be distributed to the Township Engineer,
members of the Planning Commission and the Chairman of the Board of
Supervisors.
B.
Final application including final plat approval. A final application shall not be considered to be complete and properly filed unless and until all items required by § 292-16 of this chapter, including the application fee, have been received.
C.
Final applications without final plat approval. In the case of a final application which does not include final plat approval, the performance guarantee required by § 292-16I shall not be required; however, all other materials required to complete a final application, including the final plat required by § 292-16P, shall be submitted. The application filing fee shall be submitted at the time of filing the final application without final plat approval and additional filing fees shall not be charged at the time of the request for final plat approval, if the request for final plat approval is submitted within 12 months of the date of submission of the final application without plat approval. However, the application review fees required by § 292-80B shall be charged both at the time of filing of the final application and at the time of submission of the final plat.
D.
Final applications requiring zoning variances. Any application for final approval of a major subdivision which requires a variance to any requirement of Chapter 350, Zoning, shall not be submitted until an executed copy of the Zoning Hearing Board's decision is available for submission with the application.
All applications for final approval of a major subdivision shall
include the following:
A.
A minimum of eight copies of the completed application form supplied
by the Township;
C.
Evidence of proprietary interest acceptable to the Township Solicitor;
D.
One copy of the approved preliminary plat;
E.
Four copies of construction plans for public improvements prepared
by a registered professional, as provided by the Commonwealth of Pennsylvania's
Registration Law,[1] drawn on sheets measuring 22 inches by 34 inches, showing
the following:
(1)
Conformity with the design standards specified in Article VII of this chapter and the Township Construction Standards;
(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; however, the Township Engineer may recommend a modification to this requirement in accordance with the provisions of Article IX based on existing physical conditions on the site;
(4)
Whether the system is public or private, a 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. The system
shall be designed in accordance with PA Department of Environmental
Protection (PA DEP) design standards for collection systems;
(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.
[1]
Editor's Note: See 63 P.S. § 148 et seq.
F.
Final grading plan which demonstrates compliance with Chapter 173, Grading, Excavation and Filling;
G.
Copies of all required local, county, state and federal permits and
approvals;
H.
Plans showing compliance with recommendations of the Soils Report
or Wetlands Delineation Report, if applicable;
L.
Final covenants and restrictions applicable to the plan, if any;
M.
Homeowner's Association By-Laws and Management Plan, if applicable;
N.
Evidence of cross-easements and maintenance agreements for shared
driveways or private streets, if applicable;
O.
An executed copy of the Zoning Hearing Board's decision in the
case where any zoning variances are required;
P.
A minimum of eight copies of the final plat in accurate and final
form for recording in CAD format acceptable to the Township which
clearly delineates the following:
(1)
The name of the subdivision;
(2)
If the proposed subdivision is a resubdivision of property in a previously
recorded plan, reference to the lot or parcel numbers being revised
and the name of the previously recorded plan shall be provided in
the title block;
(3)
The name and address of the developer, and, if the developer is not
the landowner, the name and address of the landowner;
(4)
The name, address, certification and seal of the registered land
surveyor who prepared the plat;
(5)
The North point, graphic scale and date;
(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 application, 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[2] (P.L. 1242, No. 428 of June 1, 1945);
[2]
Editor's Note: See 36 P.S. § 670-420.
(16)
Location, type and size of all monuments and lot markers in accordance with the standards and requirements of § 292-35 of this chapter and the County Planning Commission and an indication of whether they were found or set;
(17)
Certification clauses required by the Westmoreland County subdivision
and land development regulations, including a clause for certification
of Township ordinance compliance by the Township Engineer.
A.
Final applications including final plat approval.
(1)
The Township Engineer shall present a written report to the Planning
Commission with a copy to the applicant which states whether the application
complies with the requirements of this chapter and that report 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 final application, the Planning Commission shall
either accept the application as properly filed and begin its review
or table the application until any deficiencies identified by the
Township Engineer's review have been addressed by the applicant.
If necessary, the Planning Commission may request that the applicant
grant the Board of Supervisors an extension 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 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.
(4)
The Township Engineer shall present a written report to the Board
of Supervisors which states whether the application complies with
the requirements of this chapter and that report shall be included
in the minutes of the Board of Supervisors' meeting where the
application is considered for approval. The Board of Supervisors shall
not act until the review has been received from the Westmoreland County
Planning Commission or until 30 days has passed since the date that
the application was submitted to the county for review.
(5)
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.
(6)
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.
(7)
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 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.
B.
Conditional approval. 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 of this section. The applicant shall accept or reject the conditions attached to final approval either by giving written notice to the Township Secretary or his/her authorized designee or by executing the development agreement required by § 292-22 of this chapter 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 Secretary or his/her authorized designee regarding acceptance or rejection of the conditions attached to final approval or fails to execute the development agreement within the required 30 days, final approval shall automatically be rescinded without written notice to the applicant.
C.
Final applications without final plat approval. Final applications without final plat approval shall be approved or disapproved in accordance with the procedures specified in Subsection A of this section for final applications including final plat approval. If the developer's final application without final plat approval has been approved 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 § 292-26 of this chapter. The installation of all improvements shall be subject to the progress inspections required by § 292-26.
D.
Final plat approval after completion of improvements.
(1)
Upon completion of the improvements contained in the final application, the developer shall notify the Township, in writing, of the completion and shall submit five copies of the final plat, as required by § 292-16P of this chapter, with the notice of completion. 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.
(2)
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 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.
(3)
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 § 292-30 of this chapter and shall be further subject to the posting of the maintenance bond required by § 292-31 of this chapter.
(4)
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.
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.
Phased approval.
(1)
In the case where development of a subdivision or land development
is projected over a period of years, the Township authorizes submission
of final applications by sections or phases of development, subject
to such requirements or guarantees for 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 §§ 292-12, 292-13 and 292-14 of this chapter prior to consideration of any phase containing substantive changes for final approval.
A.
Application submission.
(1)
The applicant shall file a minimum of eight copies of an application for preliminary and final approval of a land development to the Township Secretary or his/her authorized designee, including the form provided by the Township, at least 10 working days prior to the regular meeting of the Planning Commission. The Township Secretary 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, geotechnical consultant or other applicable review agency. The preliminary and final application shall not be considered to be complete and properly filed unless and until all items required by Subsection B of this section, including the application filing and application review fees, have been received.
(2)
In the event that an application is not timely filed prior to the
regular meeting of the Planning Commission, the applicant shall be
scheduled for a preapplication conference with the Planning Commission
at the next regular meeting immediately following the filing and shall
be scheduled for consideration at the next regular meeting of the
Planning Commission following the preapplication conference.
(3)
Upon receipt, the application shall be stamped with the date or receipt
by the Township Secretary or his/her authorized designee. Upon receipt,
copies of the application shall be distributed to the Township Engineer
and each member of the Planning Commission.
(4)
The Township Secretary or his/her authorized designee shall submit
one copy of the application to the Westmoreland County Planning Commission
for review and comment within five days of receipt subject to payment
of the county review fee by the applicant.
(5)
The Township Engineer will perform a completeness review. If the
application is found to be incomplete, a written report shall be provided
to the Planning Commission with a copy to the applicant, indicating
the deficiencies in the application and citing the specific sections
of this chapter that have not been met.
(6)
In the event that 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 of the ninety-day
period to act on the application.
(7)
In all cases, the official date of filing of the preliminary application
shall be the date of the Planning Commission meeting at which the
Planning Commission first considers the application.
B.
Preliminary and final application content for a land development,
other than a subdivision. All applications for preliminary and final
approval of a land development shall include the following information:
(1)
A minimum of eight copies of the completed application form supplied
by the Township;
(3)
Evidence of proprietary interest acceptable to the Township Solicitor;
(4)
Evidence that the lot or lots on which the land development is proposed
are lots of record;
(5)
If the lot or lots on which the land development is proposed is not a lot of record or is proposed to be resubdivided or consolidated, an application for preliminary and final approval of a minor subdivision required by § 292-11 of this chapter;
(6)
A minimum of eight copies of a land development plan, as defined
by this chapter, which includes the following information:
(a)
A boundary survey by a registered professional land surveyor
of the lot or lots of record on which the land development is proposed.
(b)
The proposed name of the land development.
(c)
The name, address, certification and seal of the registered
surveyor who prepared the survey and the name and address of the registered
engineer, architect or landscape architect who prepared the plan.
(d)
The name and address of the developer and, if the developer
is not the landowner, the name and address of the landowner.
(e)
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.
(f)
The graphic scale, North point and date.
(g)
The legend and notes.
(h)
Existing platting of land immediately adjacent to the site,
including names of adjoining landowners.
(i)
Existing watercourses, wetlands, tree masses, steep slopes,
areas subject to periodic flooding as identified on the current Official
Map for the Township issued by the Federal Insurance Administration
and other significant natural features.
(j)
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.
(k)
A slope map showing the location and the area of land in square
feet which has a slope of 20% or greater and certification by a registered
professional geotechnical engineer regarding the feasibility of any
proposed grading of these slopes, the stability of the finished slopes,
measures to mitigate landslides, soil erosion and sedimentation, stormwater
runoff and potential impacts on adjacent properties.
(l)
Existing easements, locations, widths and purposes.
(m)
Existing streets and other rights-of-way on or adjoining the
site, including dedicated widths, cartway widths, gradients, types
and widths of pavements, curbs, sidewalks and other pertinent data.
(n)
The zoning classification of the site.
(o)
The proposed use, location, area, height and bulk of all existing
and proposed structures and dimensions of all yards.
(p)
The design and layout of parking areas and a computation of
the number of parking spaces to be provided.
(q)
Patterns of pedestrian and vehicular circulation on the site,
ingress, egress and circulation into and out of the site, including
pavement markings and/or directional signs.
(r)
Location, size and specifications for private improvements such
as curbs, sidewalks, driveways, parking areas, landscaping strips
or planters, wheelstops, stormwater management facilities and the
like.
(s)
Location and specifications for lighting of parking areas and
walkways.
(t)
The location and types of proposed landscaping materials.
(u)
Dates of preparation and dates of all revisions to the plan.
(v)
A chart or table summarizing applicable zoning requirements
and indicating whether the proposed development meets or exceeds each
of those requirements.
(7)
An executed copy of the Zoning Hearing Board's decision in the
case where zoning variances are required;
(8)
A landscaping plan showing compliance with all applicable buffer area and landscaping requirements of Chapter 350, Zoning;
(10)
Final grading plan which demonstrates compliance with Chapter 173, Grading, Excavating and Filling;
(11)
Where evidence exists of undermining, strip mining, landslide-prone
soils or other geologic hazards on the site, a geologic report by
a qualified registered professional engineer regarding soil and subsurface
conditions and the probable measures needed to be considered in the
design of the development, the location of structures and the design
of foundations, if any;
(12)
A copy of a report from the U.S. Natural Resources Conservation
Service concerning soil conditions and water resources and a Wetlands
Delineation Report, if applicable;
(13)
A Soil Erosion and Sedimentation Control Plan prepared by a
person trained and experienced in control methods and techniques which
conforms to the requirements of the Pennsylvania Clean Streams Law
and Chapter 102 of the Rules and Regulations of the Pennsylvania Department
of Environmental Protection (PA DEP) governing erosion control and
evidence of review and approval by the Westmoreland County Conservation
District, if required by law;
(14)
A traffic report that complies with the requirements of § 292-13E for all land developments that propose 75 or more additional trips during the adjacent roadway's peak hours;
(15)
Copies of all required local, county, state and federal permits
and approvals;
(16)
Performance guarantee required by § 292-20 of this chapter if public improvements are proposed;
(19)
Homeowner's association by-laws and management plan or
condominium declaration plan, if applicable;
(20)
Evidence of cross-easements and maintenance agreements for shared
parking or shared driveways, if applicable.
C.
Applications requiring zoning variances.
(1)
Any land development plan which requires a variance to any regulation of Chapter 350, Zoning, shall be considered for preliminary approval only, subject to the granting of the necessary variances by the Zoning Hearing Board in its sole discretion. If the variances are not granted, preliminary approval shall be void and a new application for preliminary approval shall be submitted in accordance with the requirements of Subsection A of this section.
(2)
Filing of a variance application stays all action on the application
under this chapter and tolls all time period requirements for action
by the Planning Commission and Board of Supervisors.
(3)
An application for final approval of a land development which requires
a zoning variance shall not be submitted unless and until an executed
copy of the Zoning Hearing Board's decision granting the variance
is submitted with the application for final approval.
D.
Applications which do not require zoning variances.
(1)
Any land development plan which does not require a zoning variance may be considered for simultaneous preliminary and final approval, provided all of the application requirements of Subsection B of this section are met. In the event that all of the required information is not submitted, or the information submitted is not in sufficient detail to determine compliance with the requirements of this chapter or Chapter 350, Zoning, the application shall be considered for preliminary approval only.
(2)
The procedure for simultaneous preliminary and final approval of a land development shall be the same as the requirements of § 292-17A, B, E and F of this chapter for final approval of a major subdivision. Final approval further shall be subject to §§ 292-19, 292-20, 292-21, 292-22, 292-24 and 292-25 of this chapter.
E.
Procedure for land developments which involve a subdivision, consolidation
or resubdivision.
(1)
Land developments which involve subdivision, resubdivisions or consolidations of the lot or lots on which they are proposed shall be processed concurrently with the application for preliminary and final approval of a minor subdivision required by § 292-11 of this chapter. The requirement to record a final plat shall apply only to the subdivision and not to the land development plan.
F.
Procedure for land developments on lots of record which do not involve
a subdivision, redivision or consolidation.
(1)
If a land development is proposed on a lot of record, as defined
by this chapter, and there are no changes in lot lines, easements
or rights-of-way shown on the lot of record, the requirements to prepare
and record a final plat shall not apply.
A.
When requested by the developer, in order to facilitate financing, 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 § 292-22. 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 financial security, execute the development agreement and meet outstanding conditions of approval that can be reasonably met prior to recording of the final plat. The resolution shall specify that final plat approval shall expire and shall be deemed to be revoked if financial security 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 § 292-23 of this chapter.
B.
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.
A.
In lieu of the completion of any improvement required prior to and
as a condition for approval of a plat, the applicant shall deposit
a performance guarantee, 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 guarantee 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 guarantee equals said 110%.
Any additional security shall be posted by the developer in accordance
with this subsection.
B.
The amount of the performance guarantee 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.
C.
If the party posting the performance guarantee requires more than
one year from the date of posting of the performance guarantee to
complete the required improvements, the amount of the performance
guarantee may be increased by an additional 10% for each one-year
period beyond the first anniversary date from posting of the performance
guarantee 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.
D.
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
guarantee required by this section.
In all subdivisions or land developments where private improvements are required by this chapter or are voluntarily provided by the developer, an amenities bond shall be required as a condition of granting final approval. The procedure for posting the amenities bond shall be the same as that required by § 292-20 of this chapter for posting a performance guarantee.
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 guarantee
shall be posted and all required fees shall be paid before the Township
Secretary or his/her authorized designee 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.
Upon approval of a final plat by the Township, the developer
shall record the final plat in the Office of the Westmoreland 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.
Upon recording of the final plat in the Office of the County
Recorder of Deeds, the applicant shall deliver to the Township Secretary
or his/her authorized designee, one paper print of the final plat,
as recorded, containing all required signatures and dates of approval,
including those of the County Recorder of Deeds. In addition, for
major subdivisions, the applicant shall deliver to the Township Secretary
or his/her authorized designee, a CD-ROM containing the final plat
in digitized format acceptable to the Township.
A.
The Township 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.
