[Ord. 278, 9/18/1991]
1.
Classification of Subdivision. Whenever any subdivision of land or
land development is proposed, before any contract is made for the
sale of any part thereof, and before any permit for the erection of
a structure in such proposed subdivision or land development shall
be granted, the owner, or his authorized agent, shall apply for and
secure approval of such proposed subdivision or land development in
accordance with the following procedures for subdivision and land
development.
2.
Pre-Application Consultation. Prior to filing an application for
approval of a subdivision or land development within the Township,
the owner or his authorized agent shall meet with designated Township
official for an official classification of his proposed subdivision
or land development. The designated Township official shall determine
whether the proposal shall be classified as a minor subdivision, a
major subdivision or a land development. At this time, the Township
Engineer shall advise the owner or his authorized agent as to which
of the procedures contained herein must be followed.
3.
Official Filing Date.
A.
For the purpose of these regulations, the official filing date shall
be the date of the regular meeting of the Planning Commission next
following the date the complete application and plans are received
in the Municipal Building; provided that, should said regular meeting
occur more than 30 days following the submission of the application,
the official filing date shall be the 30th day following the day the
application has been submitted.
B.
Upon receipt of an application for subdivision or land development
approval, the designated Township official shall affix to the application
both the date of submittal and the official filing date.
4.
Allegheny County Planning Commission Review. All plans shall be submitted
to and reviewed by the Allegheny County Planning Commission in accordance
with its then prevailing rules and regulations. The Township shall
forward to the subdivider a copy of any report of the Allegheny County
Planning Commission.
[Ord. 278, 9/18/1991]
1.
All filing, inspection and engineering fees shall be submitted to
the Township.
2.
Plan Filing Fee. A filing fee shall accompany the preliminary plan.
No application shall be accepted or acted upon unless payment is made
to the Township. The Board of Supervisors shall create, by resolution,
a schedule of fees to be paid by the subdivider or land developer
to defray the cost of administering and processing of plans. The schedule
of fees may be changed from time to time by resolution of the Board
of Supervisors.
3.
Review Fees.
A.
Review fees shall include the reasonable and necessary charges by
the Township's professional consultants or Engineer for review and
report to the Township and shall be set by resolution. Such review
fees shall be reasonable and in accordance with the ordinary and customary
charges by the Township Engineer or consultant for similar service
in the community, but in no event shall the fees exceed the rate or
cost charged by the Engineer or consultant to the Township when fees
are not reimbursed or otherwise imposed on applicants.
B.
In the event the applicant disputes the amount of any such review
fees, the applicant shall, within 100 days of the billing date, notify
the Township that such fees are disputed, in which case the Township
shall not delay or disapprove a subdivision or land development application
due to the applicant's request over disputed fees.
[Amended at time of adoption of Code (see Ch. AO)]
C.
In the event that the Township and the applicant cannot agree on
the amount of review fees which are reasonable and necessary, then
the fees shall be recalculated and recertified by another professional
engineer licensed as such in this commonwealth 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.
4.
An applicant shall, by filing a plan, be then obligated to pay the
fees herein provided. The engineering fees required to be paid by
this section shall be promptly submitted to the Township by the applicant
upon the submission of bills therefor to the applicant, from time
to time, by the Board of Supervisors.
[Ord. 278, 9/18/1991]
[Ord. 278, 9/18/1991]
1.
Sketch Plan. Prospective subdividers and developers are strongly urged to discuss possible development sites with the Planning Commission prior to submission of a preliminary plan. A sketch plan shall be presented for review not less than 10 days prior to the regular meeting of the Planning Commission at which it is to be considered. Submission of a sketch plan will not constitute a formal filing of a subdivision or land development plan with the Board of Supervisors. Sketch plans should include those items listed in Part 4, Plan Requirements.
2.
Preliminary Plan.
A.
Submission of Preliminary Plans.
(1)
The preliminary plan and all information and procedures relating
thereto shall in all respects be in compliance with the applicable
provisions of this chapter. It is the responsibility of the subdivider
or developer to coordinate his plans with the respective private and
public service agencies.
(2)
The application form shall be accompanied by the requisite fee as set forth in § 22-302 of this Part and by not less than three copies of all required material and not less than nine prints of the preliminary plan of the subdivision or development as required by Township resolution from time to time.
(3)
The designated Township official shall forward one copy of the
preliminary plan prints and one copy of the required material to the
Allegheny County Planning Commission, Township Engineer and such other
agencies as he deems appropriate for review and comment.
(4)
The designated Township official shall forward the remaining
copies of the preliminary plan prints and required materials to the
Planning Commission.
(5)
When applicable, the application form shall be accompanied by
a planning module for land development, as required by the Pennsylvania
Department of Environmental Protection.
B.
Review of Preliminary Plans.
(1)
In cases where the subdivision or land development adjoins an
exiting or proposed state highway or has proposed streets entering
onto state highways, the developer shall submit the plans to the Pennsylvania
Department of Transportation for review.
(2)
The Planning Commission will consider the plan to determine if it meets the standards set forth in this chapter and the Township Zoning Ordinance [Chapter 27].
(3)
The Planning Commission shall act on the preliminary plan within
60 days of the official filing date, but in any event shall act on
the plan in time for the Board of Supervisors to render its decision
within 90 days from the official filing date. In the event that any
departure from this chapter is requested by the applicant or deemed
necessary for approval, the departure and the reasons for its necessity
shall be entered into the records of the Board of Supervisors.
C.
Planning Commission Recommendation.
(1)
The Planning Commission shall recommend whether the preliminary
plan shall be approved, approved with modifications, or disapproved
and shall notify the Board of Supervisors in writing thereof, including,
if disapproved, a statement of reasons for such action.
(2)
In making its recommendation, the Planning Commission shall
consider the recommendations of the Township Engineer, Township staff,
the Township Sanitary Engineer, the Allegheny County Planning Commission,
interested residents, and the recommendations of any agency or agencies
from which a review was requested under § 22-304(2)(A)(3)
of this chapter.
D.
Township Engineer Review. All plans shall be reviewed by the Township
Engineer, which approval shall precede the transmission of such plans
to the Board of Supervisors.
E.
Resubmission of Preliminary Plans. A revised plan submitted after
disapproval shall be considered and processed as a new plan submission.
F.
Approval of Preliminary Plans.
(1)
The Board of Supervisors shall act on the preliminary plan within
90 days of the official filing date. Failure to do so shall be deemed
an approval. Before acting on a preliminary plan, the Board of Supervisors
may hold a hearing thereon after public notice.
(2)
The Board of Supervisors shall notify the applicant of its decision
to approve, approve with conditions, or disapprove the preliminary
plan in writing. Such notice shall be given to the applicant in person
or mailed to him at his last known address not later than 15 days
following the decision. If the plan is approved with conditions acceptable
to the developer and accepted by him in writing or disapproved, the
Board of Supervisors shall specify in its notice the conditions which
must be met and/or the defects found in the plan, and the requirements
which have not been met, including specific reference to provisions
of any statute or ordinance which have not been fulfilled.
(3)
Approval of the preliminary plan shall constitute approval of
the subdivision or land development as to the character and intensity
of development, the arrangement and approximate dimension of streets,
lots and other planned features. The approval binds the subdivider
or developer to the general scheme of the subdivision shown, unless
a revised preliminary plan is submitted, and permits the subdivider
to proceed with final detailed design of improvements, to arrange
for a guarantee to cover installation of the improvements, and to
prepare the final plan. Approval of the preliminary plan does not
authorize the sale of lots nor the recording of the preliminary plan.
3.
Final Plan.
A.
Submission of Final Plans.
(1)
After the subdivider or developer has received official notification from the Board of Supervisors that the preliminary plan has been approved, he must submit a final plan in accordance with the provisions of § 508 of the Municipalities Planning Code.
(2)
The final plan shall conform in all respects with the approved
preliminary plan. If it does not, the plan submitted shall be considered
as a revised preliminary plan and shall be forwarded by the designated
Township official to the Planning Commission for review and recommendation
as a preliminary plan.
(3)
The subdivider or developer must submit with the final plan a guarantee for the installation of improvements which meets the requirements of Part 6.
(4)
The application form shall be accompanied by the requisite inspection
and engineering fees as set forth in § 22-302(C).
(5)
Documented approval of the planning module for land development
by the Pennsylvania Department of Environmental Protection shall be
a part of the requisite materials accompanying the final plan submission.
(6)
The subdivider or developer shall submit a reproducible original
of the plans, nine prints of the final subdivision or land development
plans and at least three copies of all other required information.
(7)
Upon receipt of the final plan, the designated Township official
shall forward the original plans and five copies of the plans and
one copy of all the other material to the Planning Commission for
review and recommendation; one copy of the plan and one copy of all
other material to the Allegheny County Conservation District for review
and comments; one copy of the plan and one copy of all other material
to the Allegheny County Planning Commission; one copy of the plan
to the Township Sanitary Engineer; and copies to such other agencies
whose recommendations would be pertinent to the processing of the
plan.
B.
Review of Final Plans.
C.
Planning Commission Recommendation.
(1)
The Planning Commission shall recommend whether the final plan
shall be approved, approved with modifications, or disapproved, and
shall notify the Board of Supervisors in writing thereof, including,
if approved with modifications or disapproved, a statement of reasons
for such action.
(2)
In making its recommendation, the Planning Commission shall
consider recommendations of the Township Engineer, the Allegheny County
Planning Commission, the Allegheny County Conservation District, PennDOT,
and the recommendations of any agency or agencies from which a review
was requested under § 22-304(3)(A)(7).
D.
Township Engineer Review. All plans shall be reviewed by the Township
Engineer, which approval shall precede the transmission of such plans
to the Board of Supervisors.
E.
Resubmission of Final Plans. A revised plan submitted after disapproval
shall be considered and processed as a new plan submission.
F.
Approval of Final Plans.
(1)
The Board of Supervisors will not take official action to approve a final plan, or will grant conditional approval only, unless all improvements as required in Part 6 have been installed in accordance with these regulations or it is accompanied by a guarantee for the installation of improvements which meet the requirements of Part 6.
(2)
The Board of Supervisors shall take action within 90 calendar
days from the official filing date of the final plan. Failure to do
so shall be deemed an approval.
(3)
The Board of Supervisors shall notify the applicant in writing
of its decision to approve, approve with conditions acceptable to
the developer and accepted by him in writing, or disapprove, the final
plan. Such notice shall be given to the applicant in person or mailed
to him at his last known address not later than 15 days following
the decision. If the final plan is disapproved, the Board of Supervisors
shall specify the defects found in the plan and the requirements which
have not been met, including specific reference to the provisions
of any statute or ordinance which have not been fulfilled.
(4)
If the final plan is approved subject to conditions, the Board
of Supervisors shall not endorse the plan until all of the conditions
have been met.
(5)
If the Board of Supervisors approves the final plan or grants
a conditional approval, it shall set the amount of bonding or other
security necessary to guarantee the construction of improvements and
community facilities and shall state such amount in the notice to
the applicant.
G.
Recording of Final Plans.
(1)
Upon approval of the final plan and satisfaction of all conditions
attached to the approval, the Board of Supervisors will sign the reproducible
original final plan. The final plan shall be submitted to the Allegheny
County Planning Commission within 60 days and shall be recorded in
the office of the Allegheny County Recorder of Deeds within 90 days
after approval of the final plan or the approval of the Board of Supervisors
shall be null and void. The final plan must be recorded before proceeding
with the sale of lots or construction of buildings.
(2)
Recording the final plan shall be an irrevocable offer to dedicate
all streets and other public ways to public use and to dedicate or
reserve all park reservations and other public areas to public use
unless reserved by the subdivider as hereinafter provided. The approval
of the final plan shall not impose any duty upon the Board of Supervisors
or Township concerning maintenance of improvements until they have
been officially accepted by ordinance or resolution.
(3)
The subdivider shall place a notation on the final plan if there
is no offer of dedication to the public of streets and certain designated
public areas, in which event the title to such area shall remain with
the owner, and the Township shall assume no responsibility for improvement
or maintenance thereof; which fact shall be noted on the final plan.
[Ord. 278, 9/18/1991]
Minor changes which would not create a new building lot in the
subdivision and which falls into one of the categories listed below
may be made upon the sole approval of the Planning Commission, i.e.,
without the necessity of Board of Supervisors approval.
A.
Survey corrections.
B.
Rights-of-way changes.
C.
Lot line alterations.
D.
Subdivision of a vacant lot by the owners of the lots to either side
of said vacant lot for the sole purpose of increasing the size of
the two lots to either side of the vacant lot.
E.
Adding lot lines and/or existing rights-of-way to a lot where more
than one structure exists thereon providing no additional building
spaces created thereby.
F.
Plan approval reinstatement where the subdivider has failed to record
the final plan within the time limit prescribed in § 22-304(G)(1).
