Township of Elizabeth, PA Application Procedures

Within 20 calendar days of the Zoning Officer's transmission of a complete preliminary application, the Township Engineer shall submit a written report to the Zoning Officer and the Planning Commission which states whether the application complies with the requirements of this chapter and any other relevant Township ordinances and regulations. The report shall be included in the minutes of the Planning Commission meeting. The Planning Commission shall not make a recommendation on the application until the Township Engineer's report has been received or 20 calendar days have passed from the date of referral to the Township Engineer.

Within 60 calendar days of the date of filing of an administratively complete application, the Planning Commission shall make a written recommendation to the Township Commission 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 that the applicant has not met.

A letter indicating approval, approval with conditions or disapproval shall be in writing and shall be communicated to the applicant personally or mailed to him or her at his or her last known address within 15 calendar days following the Township Commission decision. If the preliminary application is not approved in terms as filed, the Planning Commissioners shall specify the defects found in the preliminary application and cite the requirements of this chapter or other Township ordinances that the applicant has not met, in accordance with the Municipalities Planning Code.

Township Commissioners Action.

The Township Commissioners shall act upon the preliminary application no later than 90 days following the regular meeting of the Planning Commissioners next following the date of filing of an administratively complete application, provided that, should the next said Planning Commissioners meeting occur more than 30 days following the filing of an administratively complete application, said ninety-day period shall be measured from the 30th day following the date of filing of the administratively complete application. The recommendation of the Planning Commission and the Planning Commissioners minutes containing the report of the Township Engineer shall be made a part of the record at the said Township Commissioners meeting.

The Township Commissioners shall not act on a preliminary application unless the Township has received written review of the application by the Allegheny County Planning Agency or its designee or unless 30 calendar days from the date of referral have passed.

A letter indicating approval, approval with conditions or disapproval shall be in writing and shall be communicated to the applicant personally or mailed to him or her at his or her last known address within 15 calendar days following the Township Commission decision. If the preliminary application is not approved in terms as filed, the Township Commissioners shall specify the defects found in the preliminary application and cite the requirements of this chapter or other Township ordinances that the applicant has not met, in accordance with the Municipalities Planning Code.

The applicant shall accept or reject the conditions attached to the preliminary approval by giving written notice to the Zoning Officer within 30 calendar days of the date of the public meeting of the Township Commissioners at which preliminary approval is granted. If the applicant fails to give written notice to the Zoning Officer regarding acceptance or rejection of the conditions attached to preliminary approval within the required 30 calendar days, then the conditions shall be deemed accepted by the applicant.

Expiration of Preliminary Plan Approval.

Preliminary plan approval shall expire within five years after being granted by the Township Commissioners, unless the applicant requests and the Township Commissioners grant a written extension prior to the expiration of preliminary plan approval. The applicant shall submit a request for extension, in writing, to the Zoning Officer at least 30 calendar days prior to any prevailing expiration date. Extensions may be granted for one or more six-month periods, upon a finding by the Township Commission that such extension is warranted.

In the case of a phased development calling for the installation of pubic improvements beyond the five-year period, a schedule shall be filed by the applicant with the preliminary application delineating all proposed phases or sections, as well as deadlines for submission of applications for final approval of each phase or section. Such schedule shall be updated annually by the applicant on or before the anniversary date of preliminary approval, until final approval of the last phase or section has been granted. Any modification in the schedule for filing final applications shall be subject to approval by the Township Commissioners in its sole discretion.

§ 304 Final Plan Application Procedures.

[Ord. 859, 4/6/2009]

After a preliminary application has been approved by the Township Commissioners, the developer may proceed to file an application for final approval of a subdivision and/or land development with the Zoning Officer, on forms as prescribed by the Township, at least 30 days prior to the regular meeting of the Planning Commission. The developer shall submit 12 full-scale copies and nine half-scale copies of the final plan to the Zoning Officer. The final application shall not be considered complete and properly filed unless or until all items required by § 306 of this chapter, including the application fee, have been received by the filing date.

The Zoning Officer shall review the application to determine whether all materials required by § 306 of this chapter and any other relevant Township ordinance have been submitted. If some of the materials are missing or incomplete, then the Zoning Officer shall reject the application as being administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met.

Planning Commission Action.

Within 20 calendar days of the Zoning Officer's transmission of a complete final application, the Township Engineer shall submit a written report to the Zoning Officer and Planning Commission which states whether the application complies with the requirements of this chapter and any other relevant Township ordinances and regulations. The report shall be included in the minutes of the Planning Commission meeting. The Planning Commission shall not make a recommendation on the application until the Township Engineer's report has been received or 20 calendar days have passed from the date of referral to the Township Engineer.

Within 60 calendar days of the date of filing of an administratively complete application, the Planning Commission shall make a written recommendation to the Township Commission for approval, such approval with conditions 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 that the applicant has not met.

Township Commissioners Action.

The Township Commissioners shall act upon the final application no later than 90 days following the regular meeting of the Planning Commission next following the date of filing of an administratively complete application, provided that, should the next said Planning Commissioners meeting occur more than 30 days following the filing of an administratively complete application, said ninety-day period shall be measured from the 30th day following the date of filing of the administratively complete application. The recommendation of the Planning Commission and the Planning Commission minutes containing the report of the Township Engineer shall be made a part of the record at the said Township Commissioners meeting.

The Township Commissioners shall not act on a final application unless the Township has received written review of the application by the Allegheny County Planning Agency or its designee or unless 30 calendar days from the date of referral have passed.

A letter indicating approval, approval with conditions or disapproval shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address within 15 calendar days following the Township Commissioners decision. If the final application is not approved in terms as filed, the Township Commission shall specify the defects found in the final application and cite the requirements of this chapter or other Township ordinances that the applicant has not met, in accordance with the Municipalities Planning Code.

The applicant shall accept or reject the conditions attached to the final approval by giving written notice to the Zoning Officer within 30 calendar days of the date of the public meeting of the Township Commission at which preliminary approval is granted. If the applicant fails to give written notice to the Zoning Officer regarding acceptance or rejection of the conditions attached to the final approval within the required 30 calendar days, then the conditions shall be deemed accepted by the applicant.

Phased Approval.

In the case where development of a subdivision and/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 guaranties for private or 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.

All sections or phases must 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 will require complete resubmission of the preliminary application in accordance with § 303 of this chapter.

§ 305 Preliminary Plan Application Content.

[Ord. 859, 4/6/2009]

General. The preliminary application shall include the original application, a location map, site map, preliminary plat, engineering report, erosion and sedimentation control plan, and the test or graphical material as referenced below. The application shall be submitted to the Zoning Officer, with not fewer than six full-scale copies and 15 half-scale copies of all required maps, and 15 copies of all other applicable material. An application for preliminary approval shall not be considered administratively complete until all items required by this chapter, including the application fee and/or deposit, have been received by the Zoning Officer.

Location Map. The location map shall clearly indicate the area within 1,000 feet of the development site, showing North direction, the area and zoning of the tract proposed for development in relation to the area and zoning of adjacent properties, property lines, the location and relative distance to public streets, and adjacent municipalities as appropriate.

Site Map. The site map shall cover the entire tract and all lands within 500 feet of its boundaries, except for minor land developments for residential use, in which the site map shall cover the entire tract and all immediate adjacent properties. The site map shall clearly and accurately show the following data:

The topography, with vertical contour intervals of five feet or less.

The natural features and existing culture, such as woods, streams, embankments, retaining walls, structures and existing land uses.

The names of owners of properties adjacent to the tract.

Existing and proposed streets and rights-of-way, including dedicated widths, roadway widths, approximate gradients, types and widths of pavements, and curbs and sidewalks.

Existing and proposed easements, including widths and purposes.

Utilities, including size, capacity and location of sanitary sewers, storm sewers, drainage facilities, waterlines, gas mains and power lines.

Surface drainage conditions and patterns and subsurface drainage conditions and patterns, including but not limited to delineation of streams and areas subject to periodic overflow of floodwaters or stormwaters. A statement of the expected, anticipated or possible effects of surface and subsurface drainage upon contiguous, adjacent or nearby property owners affected by the surface and subsurface drainage conditions, should approval of the subdivision occur, must also be furnished to the Township by the developer.

Subsurface conditions, including data on past or possible future mining activity. If mineral rights are severed from the land ownership, such data must be clearly indicated.

Tract boundary lines by calculated distances and bearings.

Title, graphic scale, North point and date.

Preliminary Plat. A preliminary plat shall be drawn at a scale of not smaller than 100 feet to one inch on a sheet measuring 24 x 36 inches and shall show the following:

The name of the proposed subdivision/development.

The names and addresses of the landowner, the developer and persons who prepared the plan.

A site location map.

The zoning classification of the tract and a tabulation of data for the required zoning district and the proposed development.

A legend, a key plan, legends, notes, graphic scale, North point and date.

The names and owners of the properties adjacent to the tract.

Block and lot parcel numbers.

The proposed street pattern, including the names, widths and rights-of-way of streets, the widths and purpose of easements and the approximate grades of streets where they exceed 8%.

For nonresidential and multifamily developments, proposed buildings, parking areas, access drives, driveways and any other significant proposed features.

Profiles, cross sections and specifications for proposed street improvements.

(11)

Profiles and other explanatory data concerning the installation of water distribution systems, storm sewers and sanitary sewers.

(12)

The parcels of land to be dedicated or reserved for schools, parks, playgrounds or other public or community uses.

(13)

The location of all off-street parking spaces and the total number of spaces to be provided, in accordance with the requirements of the Zoning Ordinance.

(14)

The location and design for all landscaping and screening proposed, showing the height and type of screening.

(15)

The location of the one-hundred-year floodplain as indicated on a certified FEMA map, with the community panel number, map name, date and map panel numbers, if applicable.

(16)

Certification of the registered professional land surveyor as to the accuracy of the survey and plan.

(17)

A grading plan showing two-foot contours, except where the slope is greater than 40%.

Engineering Report. An engineering report shall include the following data wherever pertinent:

A report on the feasibility of connection to an existing sewerage system, including the distances to the nearest public sewer, the service load of the subdivision and the capacity of the treatment plant.

If connection to a public sewerage system is not feasible, a report on the feasibility of a separate sewerage system and a treatment works, including the design, population, type and location of the treatment and the receiving stream.

If connection to a public or private sewerage system is not feasible, a report on the feasibility of on-lot sewage disposal, including a detailed map of the physical conditions of the site, contours, finished grades, watercourses, groundwater table elevations and the results of soil absorption tests for each individual lot conducted in accordance with the recommended practices of the County Health Department.

A geotechnical report prepared by a registered engineer with experience in geotechnical engineering shall be submitted if required by the Township Grading Ordinance.[1]

Editor's Note: See Chapter 9, Grading and Excavating.

Erosion and Sedimentation Control Plan. The erosion and sedimentation control plan shall specifically indicate all erosion and sedimentation control measures to be utilized on the site. The plan shall be on a sheet size measuring 24 x 36 inches and shall meet the following requirements:

The plan shall be prepared by persons trained and experienced in erosion and sedimentation control methods and techniques.

The plan shall be designed to prevent accelerated erosion and sedimentation and shall consider all factors which contribute to erosion and sedimentation, including but not limited to the following:

The topographic features of the project area.

The types, depth, slope and areal extent of the soils.

(c)

The proposed alteration to the area.

(d)

The amount of runoff from the project area and the upstream watershed area.

(e)

The staging of earthmoving activities.

(f)

Temporary control measures and facilities for use during earthmoving.

(g)

Permanent control measures and facilities for long-term protection.

(h)

A maintenance program for the control facilities, including disposal of materials removed from the control facilities or project area.

The plan shall conform with all additional requirements specified by the Township, the Pennsylvania Department of Environmental Protection, the Allegheny County Conservation District and the County Health Department.

The erosion and sedimentation control plan shall be prepared in accordance with the Pennsylvania Erosion and Sedimentation Regulations (25 Pa. Code, Chapter 102) and the specifications of the Allegheny County Conservation District. All plans shall be reviewed and approved or permitted by the Allegheny County Conservation District.

Traffic Impact Study.

Any land development or subdivision which will generate, on average, 75 or more peak-hour trips on any adjacent street shall be required to have a traffic impact study completed as part of the approval process. The estimated number of trips shall be determined by an analysis of similar uses through data collected by the Institute of Transportation Engineers (ITE) or through similar uses acceptable to the Township.

The Township may require a traffic impact study for developments or changes in uses generating less than 75 trips in addition to the adjacent roadways' peak-hour volumes in cases where known traffic deficiencies exist in the area of the proposed development or change in use. The Township may waive the study requirement for an individual development or change in use where said development or change in use was incorporated as part of a previously approved traffic impact study.

The scope of the study, study area and methodology shall be approved by the Zoning Officer or his or her designee before the study is initiated. A preapplication conference shall be scheduled for this purpose. The traffic impact study shall include the following, if appropriate, as determined by the Township:

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

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

Roadway network and traffic control.

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

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)

Proposed site-generated traffic volumes in terms of:

Peak hours and ADT (by development phase if required).

Arrival/departure distribution, including method of determination.

Site traffic volumes on study roadways.

(d)

An analysis of future traffic conditions. including:

Future opening year combined traffic volumes (site traffic plus future background roadway traffic). Opening year is the projected year of opening for the proposed development or change in use.

Future design year, or years with phasing, combined traffic volumes (site traffic plus future roadway traffic). The design year is projected to 10 years beyond the expected opening year of the development or change in use.

Background traffic growth rates for study roadways will be provided by the Township. These growth rates shall be consistent with the analysis performed for the Township's Comprehensive Plan and any subsequent updates/revisions to the Comprehensive Plan.

[4]

Intersection levels of service.

[5]

A structural pavement analysis of roadways which are projected to experience significant increases is ADT volumes off site.

[6]

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

[7]

When access is onto a state road, the analysis of future conditions shall be consistent with Pennsylvania Department of Transportation 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 level of service (LOS) shall be defined by the Highway Capacity Manual, Special Report 209, published by the Transportation Research Board. These standards may be waived by the Township if sufficient evidence is provided that criteria cannot be met with reasonable mitigation.

Traffic capacity LOS shall be based upon future design year analysis.

New or modified (a new approach created) 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.

New or modified (a new approach created) signalized intersections shall be designed for LOS C or better for each traffic movement, unless otherwise specified by the Township.

[4]

Existing intersections impacted by development traffic shall maintain a minimum LOS D for each traffic movement; or, if future base (without development traffic) LOS is E, then mitigation shall be made to maintain LOS E with development traffic. If future base LOS is F, then degradation in delays shall be mitigated.

(f)

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

An access plan, including analysis of required sight distances using Pennsylvania Department of Transportation criteria and a description of access roadways, location, geometric conditions and traffic control.

An on-site circulation plan showing parking locations and dimensions, loading access circulation roadways and traffic control.

(g)

A traffic circulation mitigating action plan, which shall include:

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

An off-site improvement plan depicting required roadway and signal installation and signing improvements to meet the minimum level of service requirements.

Traffic Control Devices and Other Traffic Improvements. Whenever, as a result of additional traffic generated by a proposed development, the traffic impact study determines the need for a traffic signal or regulatory sign, additional traffic lanes (acceleration, deceleration or turning) or other traffic improvements to be constructed on the applicant's property or on the property abutting the applicant's property, the applicant shall, as a condition to approval of the final plat, agree to construct the improvements at the applicant's cost or, in lieu thereof, and with the written consent of the Township, reimburse the Township for the cost of the improvements.

Text or Graphical Materials. The following text or graphical materials shall be provided:

Covenants, Grants and Easements. The substance of covenants, grants, easements or other restrictions proposed, in a form and manner acceptable to the Township Solicitor.

A stormwater management plan, meeting the requirements of § 610.

§ 306 Final Plan Application Content.

[Ord. 859, 4/6/2009]

General. The final application shall include the original application, a copy of the approved preliminary plat, the final plat, construction plans, and the text or graphical material as referenced below. The application shall be submitted to the Zoning Officer, with not fewer than six full-scale copies and 15 half-scale copies of all required maps, and 15 copies of all other application material. An application for final approval shall not be considered administratively complete until all items required by this chapter, including the application fee and/or deposit, have been received by the Zoning Officer.

Final Plat. The final plat shall be drawn at a scale of not smaller than 100 feet to one inch and shall meet the standard certifications set forth in the Allegheny County Subdivision and Land Development Ordinance and shall show:

The name of the proposed subdivision.

The names and addresses of the landowner and developer, the source of title of the land as shown by the books of the Allegheny County Department of Real Estate.

The graphic scale, the North point, and the date.

The survey data certified by a registered land surveyor showing the calculated distances and bearings of the subdivision/land development boundaries, lots, utility easements, streets, alleys, building lines and parks reserved for community purposes.

The location and distances to the nearest established street corners or official monuments and the streets intersecting the boundaries of the subdivision.

The location, type of material and size of monuments.

Complete curve data for all streets.

Lot numbers and street names.

Any modifications, restrictions or zoning variances received during the approval of the plan.

Protective covenants, if any, in the form for recording.

(11)

Center-line bearings and distances for all proposed easements used to tie the easements down to the boundary lines of the development property.

Construction Plans. The construction plans for public and private improvements shall be prepared by a registered engineer or registered land surveyor, drawn to a scale not smaller than 100 feet to one inch on sheets measuring 24 x 36 inches, and shall show the following:

All information required for the preliminary plan approval.

Conformity with the design standards specified in Part 6 of this chapter and the Township Construction Standard Details. The construction details shall be shown on the plan.

Plans in profile of each street in the plan and at least 200 feet beyond the limits of the plan.

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 the street right-of-way, whichever is greater.

All sewer and drainage easements over private property.

The location of all necessary storm and sanitary sewers, manholes and catch basins.

The top and invert elevation of each inlet and manhole, together with the grade of each sewer line.

The grade line, distance and pipe size of each line in the storm drainage system and the sanitary sewer system within the plan and any storm drainage system immediately adjacent thereto.

All pipe sizes, shown by plan and profile.

A landscaping plan shall be submitted.

(11)

The buffer yard setbacks, if required.

(12)

First-floor elevation for all proposed and existing structures.

(13)

For nonresidential and multifamily residential developments, the plan shall depict proposed buildings, parking areas, access driveways and other significant proposed features.

(14)

All proposed open spaces, proposed public areas and any related restrictions or conditions.

(15)

The location of all proposed water, gas and utility lines and their connection to the existing system(s).

Text and Graphical Material. The following text or graphical materials shall be provided:

Final Covenants, Grants and Easements. The substance of the final covenants, grants, easements or other restrictions proposed, in a form and manner acceptable to the Township Solicitor.

Performance and Maintenance Security. Performance and maintenance security to guarantee proper installation of public and private improvements, as required by §§ 308 and 406 of this chapter.

§ 307 Approval Resolution.

[Ord. 859, 4/6/2009]

When requested by the developer, in order to facilitate financing, the Township Commission shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer providing satisfactory completion security. The final plat shall not be signed nor recorded until the completion security and development agreement are executed and all other conditions of final approval are met.

§ 308 Performance Security.

[Ord. 859, 4/6/2009]

Prior to the granting of final approval, the developer shall either complete all improvements required by this chapter or deliver to the Township performance security in the amount of 110% of the cost to complete all improvements required by this chapter, estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Township may adjust the amount of the performance security by comparing the actual costs of the improvements which have been completed and the estimated cost for 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 security equals 110%. Any additional security shall be posted by the developer in accordance with this section.

The amount of the required performance security shall be based upon an estimate of the cost of completion of the required improvements submitted by the developer and prepared by a professional engineer licensed as such in the commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the developer and the Township are unable to agree upon the estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the Township and the 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 developer.

If the developer requires more than one year from the date of posting of the performance security to complete the required improvements, the amount of the performance security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of the performance security or to an amount not to exceed 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.

Form of Security.

The following requirements shall apply to any surety bond posted as performance security in accordance with this chapter:

The bond shall be obtained from a surety incorporated in the United States and authorized to do business in Commonwealth of Pennsylvania.

The surety shall have a current A.M. Best's rating of no less than "A" and an underwriting capacity as stated in Best's equal to or greater than the amount of the bond written by that surety, or in the alternative be listed on the current United States Department of the Treasury's annual list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies," as published in the Federal Register, and have an underwriting capacity in said list equal to or greater than the amount of the bond written by that surety.

The following requirements shall apply to any letter of credit posted as performance security in accordance with this chapter:

The letter of credit shall be issued by a federal- or commonwealth-chartered lending institution having an office located within 30 miles of the boundaries of the Township at which a draft on site can be presented during regular business hours.

The letter of credit shall have an expiration date of no earlier than 90 days after the required completion date of any improvements. The Township, at its discretion, may accept a letter of credit having an earlier expiration date, provided that the letter of credit states that it will automatically be renewed for a period of at least one year from any present or future expiration date unless the Township receives notice, in writing, from the issuer at least 60 days prior to the expiration date that the issuer elects to not further extend the letter of credit, and that, if such notices is given, the Township may draw on the letter of credit up to the amount of its unused balance on or before the relevant expiration date.

(c)

Multiple draws on the letter of credit shall be permitted.

(d)

Draws shall be permitted on site at the issuer's office in a location as set forth in Subsection D(2)(a) above and by overnight mail.