[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.