[Ord. 2001-3, 12/10/2001, § 301]
This Part shall apply only to consolidations, resubdivisions or replatting, as defined herein, and to those subdivisions which propose no more than three lots, including the residual lot or parcel, if any, all of which have frontage on an improved public street and not involving the construction or improvement of any public street and which may or may not involve the extension or creation of any other public improvements.
[Ord. 2001-3, 12/10/2001, § 302]
1. 
Prior to filing an application for preliminary and final approval of a minor subdivision, the applicant or his representative shall meet with the Zoning Officer and other Township officials to obtain application forms and to discuss application procedures and applicable ordinance requirements.
2. 
In addition, the developer may request a pre-application conference with the Planning Commission to discuss the conceptual design for the development of the property and the feasibility and timing of the application. The applicant shall contact the Township Secretary at least 15 calendar days prior to the regular meeting of the Planning Commission to request a pre-application conference with the Planning Commission.
3. 
The pre-application conference is voluntary and no formal application or fee is required. This opportunity is afforded to the applicant or his representative to obtain information and guidance before entering into binding commitments or incurring substantial expenses for plan preparation.
4. 
While no formal application is required for a pre-application conference, the applicant should provide one copy of readily available information with the request for a pre-application conference which will show 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 which may be used include the deed for the property, a property survey, the tax maps prepared by the Washington 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.
5. 
A pre-application conference shall not constitute formal filing of any application for approval of a subdivision, shall not bind the Planning Commission to approve any concept presented in the pre-application conference and shall not protect the application from any subsequent changes in ordinance provisions which may affect the proposed development between the date of the pre-application conference and the official date of filing of an application for preliminary and final approval of a minor subdivision under the terms of this Chapter.
[Ord. 2001-3, 12/10/2001, § 303]
1. 
The applicant shall submit 10 copies of an application for preliminary and final approval of a minor subdivision required by § 304 to the Township Secretary at least 28 calendar days prior to the regular meeting of the Planning Commission. If the twenty-eighth day falls on a holiday, the application shall be filed by the close of business on the immediately preceding working day.
2. 
The preliminary application shall not be considered to be complete and properly filed unless and until all items required by § 304 of this Chapter, including the application fee, have been received.
3. 
Immediately upon receipt, the application shall be stamped with the date of receipt by the Township and one copy of the application shall be distributed to the Township Engineer for review. The Township Secretary shall submit one copy of the complete and properly filed application to the Washington County Department of Economic Development for review and comment which shall be subject to payment of the prevailing County review fee by the applicant. Additional copies may be referred to any other appropriate review agency at the discretion of the Township Secretary.
[Ord. 2001-3, 12/10/2001, § 304]
All applications for preliminary and final approval of a minor subdivision shall be submitted in accordance with § 303 of this Chapter and shall include the following information.
A. 
10 copies of the completed application form supplied by the Township.
B. 
Application filing fee, as required by § 1101(A) of this Chapter.
C. 
Proof of proprietary interest.
D. 
Written evidence of compliance with all other Township, county, State or Federal permits required for the plan, if any.
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 copy of any existing or proposed covenants or deed restrictions applicable to the property.
G. 
Written evidence of any zoning variances granted which are applicable to the property. The application shall not be considered for final approval until any necessary zoning variances have been granted by the Zoning Hearing Board or until the plat is revised to conform to the zoning requirements at issue.
H. 
A written statement requesting any waivers or modifications to this Chapter in accordance with Part 10, if applicable.
I. 
Ten copies of a final plat, all drawings on sheets not exceeding 34 inches by 44 inches accurately drawn to a scale of not less than one inch equals 100 feet prepared and sealed by a Pennsylvania registered land surveyor as to existing features, design features and boundaries. The final plat shall contain the following information.
(1) 
Date of preparation. All revisions shall be noted and dated.
(2) 
Title of development; north arrow; scale; county assessment lot and block number; the name and address of the record owner; the name and address of the applicant; the name and address, signature, license number and seal of the surveyor preparing the subdivision. If the owner of the premises is a corporation, the name and address of the president and secretary shall be submitted on the application.
(3) 
All distances shall be in feet and decimals of a foot and all bearings shall be given to the nearest 10 seconds.
(4) 
The names of all adjoining subdivisions showing the location of the nearest streets in such plats.
(5) 
Survey data showing boundaries of the property, building or setback lines and lines of existing and proposed streets and rights-of-way, lots, reservations, easements and areas dedicated to public use, including grants, restrictions and rights-of-way, to be prepared by a licensed land surveyor. The name, address, signature and seal of the surveyor shall be indicated.
(6) 
Location of existing buildings and all other structures, including walls, fences, culverts and bridges, with spot elevations of such buildings and structures. Structures to be removed shall be indicated by dashed lines; structures to remain shall be indicated by solid lines.
(7) 
Area to the nearest thousandth of an acre of the tract to be subdivided and the area, in square feet, of all lots.
(8) 
Plans of all existing or proposed sanitary and stormwater systems showing feasible connections to existing or any proposed utility systems. Pipe sizes, grades and direction of flow, locations and inlets, manholes or other appurtenances and appropriate invert and other elevations shall be indicated.
(9) 
An indication on the plat identifying the company or authority that will provide water, sewer, gas, electric and other utility services, showing the existing or proposed location of the utilities.
(10) 
A copy of the U.S.G.S. topographic survey map with the boundaries of the project site outlined on the map.
(11) 
If applicable, a notation on the plat that access to a State highway shall only be authorized by a highway occupancy permit issued by the Pennsylvania Department of Transportation under § 420 of the State Highway Law (P.L. 1242, No. 428 of June 1, 1945) and that the approvals of the Smith Township Planning Commission and Township Supervisors are conditional, subject to action of the Pennsylvania Department of Transportation pursuant to application for a highway occupancy permit.
(12) 
Spaces for the signature of the Chairman and Secretary of the Planning Commission; the President and Secretary of Township Supervisors; the Township Engineer; and dates of approval.
(13) 
Certification clauses are required by the Washington County Subdivision and Land Development Ordinance.
(14) 
If the subdivision represents the resubdivision, replatting or consolidation of lots of record in a previously recorded plat, reference shall be made in the title to the recorded plat which is being revised.
(15) 
If applicable, flood hazard zone boundaries.
(16) 
Plan monumentations, as required by § 801 of this Chapter.
J. 
If the plan proposes the extension or creation of any public improvements, other than a public street, construction drawings, as required by § 407(I) of this Chapter.
[Ord. 2001-3, 12/10/2001, § 305]
1. 
Planning Commission Recommendation.
A. 
At the first regular meeting of the Planning Commission after submission of a preliminary and final application for a minor subdivision, the Planning Commission shall either accept or reject the application as complete in content and properly filed. The date of the Planning Commission meeting at which the preliminary and final application is accepted as complete and properly filed shall be the official date of filing of the application and shall represent the beginning of the 60 day period for Planning Commission review and recommendation on the application, unless the applicant agrees, in writing, to an extension of time.
B. 
Within 60 days of the official date of filing of the preliminary and final application, the Planning Commission shall make a written recommendation to Township Supervisors for approval, approval with conditions or disapproval of the preliminary and final application. In the case of a recommendation for disapproval, the Planning Commission's recommendation shall cite the specific requirements of this Chapter which have not been met.
2. 
Action by Township Supervisors.
A. 
Within 90 days of the official date of filing of the preliminary and final application, Township Supervisors shall either approve, approve with conditions or disapprove the preliminary and final application at a public meeting. Township Supervisors shall not act until the review has been received from the Washington County Department of Planning or until 30 days has passed since the date that the application was submitted to the County for review. The recommendation of the Township Planning Commission and the report of the Washington County Department of Planning, if any, shall be made a part of the record at that meeting.
B. 
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 by Township Supervisors. If the preliminary and final application is not approved, Township Supervisors shall specify the defects found in the preliminary and final application and cite the requirements of this Chapter which have not been met.
3. 
Conditional Approval. If Township Supervisors determine that certain conditions are warranted to be attached to preliminary and 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 (2) above. The applicant shall accept or reject the conditions attached to preliminary and final approval by giving written notice to the Township Supervisors within 30 days of the date of the meeting of Township Supervisors at which preliminary and final approval is granted. If the applicant rejects any of the conditions or if the applicant fails to give written notice to the Township Supervisors regarding acceptance of the conditions attached to preliminary and final approval within the required 30 days, preliminary and final approval shall automatically be rescinded without written notice to the applicant.
4. 
Deemed Approval. Failure of Township 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.
[Ord. 2001-3, 12/10/2001, § 306]
The Township may offer the mediation option as an aid in completing the proceedings authorized by this Part in accordance with the requirements of § 409 of this Chapter.
[Ord. 2001-3, 12/10/2001, § 307]
Upon approval of a final plat by Township Supervisors, the developer shall, within 90 days of such final approval, record such plat in the Office of the Washington County Recorder of Deeds.
[Ord. 2001-3, 12/10/2001, § 308]
1. 
In the event that the plat has not been recorded within the required 90 days, the Chairman of the Township Supervisors is authorized to reinstate the signatures of the proper officers of the Township indicating approval, provided there are no changes in the minor subdivision previously granted approval and all the requirements of this Chapter regarding posting of a performance bond or amenities bond and execution of a development agreement, if applicable, have been met and, further, provided the plan is submitted for reinstatement of approval within 180 days following the date of preliminary and final approval by Township Supervisors.
2. 
Any request for reinstatement of preliminary and final approval which is submitted after 180 days from the date of the original granting of preliminary and final approval by Township Supervisors shall require resubmission of an application for preliminary and final approval in accordance with the requirements of §§ 303 through 305 and §§ 307 through 310 of this Chapter.
[Ord. 2001-3, 12/10/2001, § 309]
Within 90 days of the date of recording of the final plat in the Office of the Washington County Recorder of Deeds, the applicant shall deliver to the Township Secretary, one mylar and three paper prints of the final plat as recorded, containing all required signatures and dates of approval.
[Ord. 2001-3, 12/10/2001, § 310]
Minor subdivisions which propose the extension or creation of any public improvements, as defined by this Chapter, other than a public street, shall be further subject to §§ 411 through 413 of this Chapter governing installation of public improvements and posting of a performance bond to guarantee their proper installation.