Township of Aleppo, PA
Allegheny County
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Table of Contents
Table of Contents
A. 
The regulations in this article are intended to assure that adequate information is submitted to permit the Township to undertake a thorough review of each proposal as related to the transportation, environment, and other aspects of an application.
B. 
Any developer of land within the Township desiring approval of a subdivision or land development application shall comply with the following procedures, or those identified in Article III of Chapter 400, Zoning, as applicable.
C. 
Any replatting of recorded plans, or any revisions of approved plans that have not been recorded, shall be considered as new applications and shall be required to comply with all requirements of this chapter, unless such replatting or revision is limited to a survey correction, or unless the applicant requests and receives a waiver of any requirements from the Township Board of Commissioners pursuant to § 350-27 of this chapter.
A. 
Prior to filing an application for preliminary approval, applicants are strongly encouraged to submit a sketch plan of the proposed subdivision or development for review and discussion with the Planning Commission at a preapplication conference. The preapplication conference with the Planning Commission is voluntary, and no formal application or fee is required.
B. 
Any materials submitted for a preapplication conference shall not be considered an application for preliminary or final review. These opportunities are afforded to the developer to obtain information and guidance before entering into binding commitments or incurring substantial expenses for plan preparation.
C. 
The applicant shall notify the Township at least five calendar days prior to the regular meeting of the Planning Commission regarding his/her desire to attend a preapplication conference with the Planning Commission.
D. 
Sufficient information shall be provided on the sketch plan to clearly indicate the character and extent of the proposed subdivision or land development and its relationship to existing natural features and public facilities within the area in which the land is situated. Such submission should include a map establishing the location of the proposed plat and a plan showing any existing or proposed streets, property lines, building sites, utilities, natural features, including topographic contours and any other significant elements within the proposed subdivision or land development. Such plans are not required to be engineered drawings but shall be drawn to scale. The preparation of a sketch plan shall not constitute the filing of an application for approval of a plat.
A. 
Applications for the following purposes are exempt from the preliminary approval process and may be submitted under the final approval requirements and procedures as set forth in this chapter:
(1) 
A residential subdivision that does not involve more than two lots and does not involve the provision of any new street or easement for access.
(2) 
A boundary adjustment where no new lots are created and where no development is proposed.
(3) 
The consolidation of lot lines.
B. 
Activities that involve minor lot line adjustments or survey corrections and are prepared primarily for recording purposes are exempt from preliminary and final submittal requirements and may be approved by the Township if they are submitted in compliance with the recording provisions set forth in § 350-30 of this chapter. These activities include:
(1) 
Lot line adjustments altering the location of lot lines between existing lots of separate ownership for the sole purpose of increasing lot size.
(2) 
Owner-initiated plat revisions of existing plats where the rights of nonconsenting owners of public rights in improvements are not materially impaired or injured (vacating process).
(3) 
Survey correction plans.
C. 
Where a lot or tract has been previously subdivided to create two or more lots, and such subdivision or subdivisions have been recorded, all subsequent subdivisions of the residual remaining tract of land shall be reviewed as a major subdivision and be subject to all applicable provisions of this chapter.
[Added 11-20-2006 by Ord. No. 2006-5]
D. 
Where improvements are proposed which meet the definition of a "land development," then subdivision approval shall precede approval of such land development, which shall be subject to all applicable provisions of this chapter.
[Added 11-20-2006 by Ord. No. 2006-5]
A. 
The application for preliminary approval of a subdivision or land development plan shall be received in the office of the Township no later than 12:00 noon, 15 working days prior to the Planning Commission's regularly scheduled meeting, and shall be accompanied by a fee established by the Board of Commissioners to cover the cost of review. Any application submitted later than 12:00 noon, 15 working days before the Planning Commission's meeting, shall not be reviewed until the next regularly scheduled meeting.
B. 
Preliminary plan applications shall be prepared in conformance with the provisions of this chapter and any other applicable requirements of law. The preliminary plan application shall not be considered to be complete and properly filed unless and until all items required have been submitted and addressed. Further, the preliminary plan shall demonstrate conformance with the design standard requirements of Article IV of this chapter. The Township shall have seven working days from the date of submission to check the plans and documents to determine if they are in proper form and contain all the information. If defective, the application may be returned to the applicant with a statement that the application is incomplete within the seven-day period; otherwise, the application shall be deemed accepted as of the submission date. Acceptance shall not constitute a waiver of any deficiencies.
C. 
Copies of the preliminary plan shall be submitted at this time, by the applicant, to the following agencies, as applicable. Evidence of submission shall be included in the application.
(1) 
Allegheny County Planning Department.
(2) 
Pennsylvania Department of Environmental Protection.
(3) 
Allegheny County Conservation District.
(4) 
Pennsylvania Department of Transportation.
(5) 
Other agencies, as determined by the Township.
All preliminary plan applications shall include the following, plus any additional information and copies as required by the Township:
A. 
One application form.
B. 
One letter of transmittal, identifying the proposed activity and the purpose for the development.
C. 
A minimum of 10 copies of the preliminary plan, including one copy for each municipality within 1/2 mile of the site.
D. 
Filing fee (see schedule available at Township office). The fee shall be submitted in the form of a check or money order payable to the Township of Aleppo.
E. 
Where applicable, a copy of the decision granting approval of any zoning variance, conditional use or special exception as required, including all conditions imposed.
A. 
The preliminary plan drawing shall be at a scale of not less than one inch equals 100 feet. The plan shall be drawn in accordance with standard architectural and engineering practices and using standard map symbols (as found in Exhibit No. 1[1]) to clearly indicate the following:
(1) 
Name of the proposed project.
(2) 
Location map showing the subdivision/land development location (including major transportation routes, title, North arrow and graphic scale).
(3) 
Property lines, adjacent property owners, parcel, lot and block numbers.
(4) 
North arrow, graphic scale, and written scale.
(5) 
Name, address, telephone number of property owners and firm that prepared the plan(s).
(6) 
The entire existing tract boundary with bearings and distances as per deed.
(7) 
The total acreage of the entire existing tract.
(8) 
Zoning information (district, minimum lot size, density, requirements).
(9) 
Streets abutting the property, indicating names, right-of-way widths, and cartway widths.
(10) 
Existing and proposed easements, indicating location, width, purpose and lessee.
(11) 
Location of existing and proposed buildings, sanitary sewer, storm sewer, water, gas, petroleum and high-pressure gaslines, indicating line size, manholes, fire hydrants and other visible elements in the systems on or adjacent to the property proposed to be developed.
(12) 
Existing contours at a minimum vertical interval of two feet.
(13) 
Location of relevant natural features, including but not limited to streams, other natural watercourses, wetlands, general land cover, significant tree masses and other significant natural features.
(14) 
Location of slopes with grades between 15% and 25% and those that exceed four to one or 25%.
[1]
Editor's Note: Exhibit No. 1 is on file in the Township offices.
B. 
Development plan information. The following information shall be provided by the applicant at the time of submission:
(1) 
The layout of streets, alleys, sidewalks and trails, including cartway and right-of-way widths.
(2) 
The layout of lots, with approximate dimensions, including setback and/or building lines.
(3) 
The location of all sanitary sewer and stormwater management structures.
(4) 
In developments proposed for uses other than single-family dwellings, a parking plan indicating location of parking area(s), arrangement of spaces, access lanes and number of cars to be accommodated, the configuration of proposed building(s) and all other significant planned facilities.
(5) 
Location size and general layout of public areas, open space and recreation areas.
(6) 
Typical street cross sections for each proposed street and typical cross section for any existing street that will be improved.
(7) 
Proposed street names.
(8) 
A statement on the plan indicating requested modifications to the provisions of this chapter.
C. 
Data to be submitted with preliminary plat. Preliminary plat submission shall be accompanied by the following:
(1) 
A description of the soil types located on the tract, delineating all slide-prone areas as well as any mined areas.
(2) 
A description of the tract locating existing and preexisting gas and oil wells.
(3) 
Evidence of sewage facilities planning module application and/or percolation test data, when applicable.
(4) 
A preliminary stormwater management plan in accordance with § 350-44C of this chapter.
(5) 
A description of the method to be utilized and the organization formed for the maintenance of any common areas and facilities not to be dedicated for public use.
(6) 
A statement that the proposed subdivision or land development will not cause any environmental hazard or subsidence.
D. 
Reports and studies. To ensure a full and adequate review of a subdivision or land development proposal, the Township may request the submission of more detailed information. Based on the size and special characteristics of a particular project, the following additional information may be requested for the purpose of assessing the impacts and consequences of the project, including, but not limited to:
(1) 
Environmental impact study.
(2) 
Traffic impact study.
(3) 
Phasing schedules.
(4) 
Additional design information.
A. 
In the event the application is determined to be complete, the Planning Commission shall review the application at its next regular meeting. A copy of such plan shall have been submitted at this time to the Allegheny County Planning Department for review and comment. The county shall have 30 days in which to comment, prior to Township approval.
B. 
After review, the Planning Commission shall submit a recommendation to the Board of Commissioners. 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.
C. 
The Board of Commissioners shall issue a decision within 90 days of the date of the first regular meeting following the date that a complete application has been received, provided that should the next regular meeting occur more than 30 days following the filing of the application, the ninety-day-period shall be measured from the 30th day following receipt of the complete application. Failure to render a decision within the prescribed period shall be deemed an approval of the application in terms as presented.
D. 
Within the time period set forth above, the Board of Commissioners shall take one of the following actions:
(1) 
Approve the application; or
(2) 
Approve the application with conditions subject to the applicant's consent; or
(3) 
Disapprove the application on the basis of specific findings communicated to the applicant in writing.
E. 
Within 15 consecutive days after the public meeting at which a decision was rendered by the Board of Commissioners, the Board of Commissioners shall send written notice of the action taken to the applicant.
F. 
Preliminary approval/denial.
(1) 
The applicant shall have 14 days to accept conditions imposed and shall submit additional data, notifications or amendments in attempted compliance. The Township shall examine such additional information and determine whether the applicant has complied with all conditions of the approval. The Township shall announce such compliance at the next regularly scheduled public meeting that takes place more than 14 days after the receipt of the additional information. Such announcement shall signify the Township's approval of the preliminary plan application.
(2) 
Where the applicant chooses not to comply with or accept the Township's conditions for approval, the Township may either approve or deny the application as submitted.
(3) 
Approval of a preliminary plan application shall constitute approval of the proposed subdivision or land development as to the character and intensity of development and the general arrangement of streets, lots, structures and other planned facilities, but shall not constitute final plan approval.
G. 
Plan approval time limitation. When an application for approval of a plat (plan), whether preliminary or final, has been approved without conditions, or approved by the applicant's acceptance of conditions, no subsequent change or amendment in this chapter, Chapter 400, Zoning, or governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval, within five years from such approval.
A. 
After a preliminary application has been approved by the Township, the developer may proceed by submitting an application for final plan approval, which shall be prepared in accordance with the additional requirements of this section and shall provide sufficient design information to demonstrate compliance with the requirements of Article IV of this chapter.
B. 
For those applicants not required to obtain preliminary plan approval, the final plan application shall include all information regarding location and identification, existing features, plan information, drafting standards and other relevant requirements for preliminary plans under § 350-17. The application shall also include all finalized data and certificates as required in § 350-21.
C. 
A final plan application shall not be considered to be complete and properly filed unless and until all items required by § 350-17 of this chapter, including the application fee and the application form provided by the Township, have been received.
A. 
All final plan applications shall include the following, plus any additional information and copies as required by the Township:
(1) 
One application form.
(2) 
One letter of transmittal, identifying the proposed activity and the purpose for the development.
(3) 
A minimum of 10 copies of the final plan, plus one copy for each municipality within 1/2 mile of the site.
(4) 
Filing fee. A separate filing fee shall be submitted for each application.
(5) 
Two copies of all reports, notifications and certifications not provided on the preliminary plan.
(6) 
Where applicable, a copy of the decision granting approval of any zoning variance, conditional use or special exception, as required, including all conditions imposed.
B. 
The final plan application shall not be considered to be complete and properly filed unless and until all items required have been submitted and addressed. Further, the final plan shall demonstrate conformance with the design standard requirements of Article IV of this chapter. The Township shall have seven days from the date of submission to check the plans and documents to determine if they are in proper form and contain all the information required. If defective, the application shall be returned to the applicant with a statement that the application is incomplete within the seven-day period; otherwise, the application shall be deemed accepted as of the submission date. Acceptance shall not constitute a waiver of any deficiencies.
C. 
Copies of the final plan shall be submitted at this time by the applicant to the following agencies, as applicable:
(1) 
Allegheny County Planning Department.
(2) 
Pennsylvania Department of Environmental Protection.
(3) 
Allegheny County Conservation District.
(4) 
Pennsylvania Department of Transportation.
(5) 
Other agencies, as determined by the Township.
A. 
All final plan drawings shall be drawn at a scale of either one inch equals 100 feet or one inch equals 50 feet. The final plan shall be in such a format and/or such material as is required for recording by the Allegheny County Recorder of Deeds office. The final plan shall also meet the following requirements:
(1) 
Name of plan or development.
(2) 
Date of plan, graphic scale and location of plan.
(3) 
Name and address of property owner(s).
(4) 
Name and address of the professional registered land surveyor preparing the plan, with number and seal affixed.
(5) 
North point.
(6) 
Accurate distances and directions to the nearest established reference monument, to be described on the plan.
(7) 
Tract boundary lines, right-of-way lines for streets and other utilities, and property lines with accurate dimensions, bearings or deflection angles, radii, arcs and central angles of all corners.
(8) 
Approved name and right-of-way width of each street or right-of-way.
(9) 
Lot lines, with a number to identify each lot on the site, and the area (in square feet) of each lot.
(10) 
Location of existing buildings.
(11) 
Building setback lines of all lots.
(12) 
Statement by the owner dedicating streets, rights-of-way and lands for public use.
(13) 
Names of owners of record of adjoining lands.
(14) 
Protective covenants, if any, in a form for recording.
(15) 
Location, dimensions and purpose of all proposed easements.
(16) 
Notation on the plan of any modification to the provisions requested, and granted, to this chapter, as prescribed in § 350-27.
(17) 
Notation on the plat, if applicable, 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 (P.L. 1242, No. 428, of June 1, 1945).[1]
[1]
Editor's Note: See 36 P.S. § 670-420.
B. 
Development plan information. The final plan shall be accompanied by construction plans for public improvements, as prepared by a registered engineer, which show the following:
(1) 
A grading plan, which shall include finished land contours and grades, directions of water movement, type of soils, location of silt fences and erosion control measures, and ground-floor elevations.
(2) 
A site plan indicating the location of all proposed buildings, parking areas, landscaping, internal circulation system, and common and open space areas.
(3) 
Plans in profile of each street in the plan.
(4) 
Cross sections of each street at intervals not to exceed 100 feet and extending 25 feet outside the street right-of-way.
(5) 
All drainage easements over private property.
(6) 
A stormwater management plan which complies with the Allegheny County model stormwater management provisions and the standards provided in Article V of this chapter.
(7) 
The location of all necessary sewers, manholes and catch basins; the top and invert elevation of each inlet and manhole, together with the grade of each sewer line.
(8) 
The grade line, distance and pipe size of each line in the storm drainage system within the plan and any storm drainage system immediately adjacent thereto.
(9) 
All pipe sizes shown by plan and profile.
(10) 
The location of each wye as proposed for installation, including a station for that wye, measured from the downstream manhole.
C. 
Supplementary information. The following information shall be provided with the final plan:
(1) 
When applicable, notification from the Department of Environmental Protection (DEP) that either approval of the sewer facilities plan revision (plan revision module) or supplement has been granted, or that such approval is not required. If the final plan is conditionally approved pursuant to § 350-22D(2), the applicant shall provide notification that the planning module has been submitted to DEP for approval and that approval will be obtained prior to the sale of lots or the commencement of construction.
(2) 
Certificate, signature and seal of the surveyor signifying that the survey is correct.
(3) 
Certificate, signature and seal of the surveyor, engineer, landscape architect or other professional that completed the final plan, signifying that all other information shown on the plan is accurate.
(4) 
When applicable, a copy of the application to the Allegheny County Conservation District requesting approval of the erosion and sedimentation control plan.
(5) 
When applicable, a feasibility plan to provide solutions to problems related to soil, water or mineral conditions underlying the property.
(6) 
A grading plan, including justification, for any slopes in excess of that permitted in Chapter 208, Grading and Excavation.
(7) 
When applicable, a copy of the homeowners' association documents.
A. 
In the event the application is determined to be complete, the Planning Commission shall review the application at its next regular meeting. A copy of such plan shall have been submitted at this time to the Allegheny County Planning Department for review and comment. The county shall have 30 days in which to comment prior to Township approval.
B. 
After review, the Planning Commission shall submit a recommendation to the Board of Commissioners. 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.
C. 
The Board of Commissioners shall issue a decision within 90 days of the date of the first regular meeting following the date that a complete application has been received, provided that should the next regular meeting occur more than 30 days following the filing of the application, the ninety-day period shall be measured from the 30th day following receipt of the complete application. Failure to render a decision within the prescribed period shall be deemed an approval of the application in terms as presented.
D. 
Within the time period set forth above, the Board of Commissioners shall take one of the following actions:
(1) 
Approve the application; or
(2) 
Approve the application with conditions subject to the applicant's consent; or
(3) 
Disapprove the application on the basis of specific findings communicated to the applicant in writing.
E. 
Within 15 consecutive days after the public meeting at which a decision was rendered by the Board of Commissioners, the Board of Commissioners shall send written notice of the action taken to the applicant.
A. 
Where the applicant proposed the development of a subdivision or land development in separate phases over a period of years, the Township authorizes submission of final plan applications, subject to such requirements or guarantees for public improvements in future phases which are essential for the protection of the public welfare and any existing or proposed phase of the plan.
B. 
All phases must conform to the preliminary plan application as previously approved by the Township. Any phase that contains substantive changes in the number of lots, location of lots, buildings or streets previously approved in the preliminary plan will require complete resubmission of the preliminary application in accordance with §§ 350-15, 350-16, 350-17 and 350-18 of this chapter.
C. 
Each phase, except for the last phase, shall contain a minimum of 25% of the total number of dwelling units as depicted on the preliminary plan, unless the Township approves a lesser percentage for one or more of the phases.
A. 
As an aid in completing the approval process identified in this article, the Township and parties to the proceedings may utilize the mediation option.
B. 
Mediation shall supplement, not replace, the procedures identified in this article. Mediation shall not be interpreted as expanding, limiting or modifying any principle of substantive law.
C. 
Participation in mediation shall be wholly voluntary. If the Township and appropriate parties agree to proceed with mediation, terms and conditions for the following items shall be developed, with assistance from the mediator, as appropriate:
(1) 
How to fund mediation.
(2) 
Selection of a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.
(3) 
Time schedule for completion.
(4) 
Suspension of time limits otherwise provided for in this chapter, provided there is written consent by all parties, including the applicant and the Township.
(5) 
Notification to all appropriate parties, affording them the opportunity to participate.
(6) 
Determine whether some or all of the mediation sessions shall be open to the public, subject to legal constraints.
(7) 
Assure that the mediated solutions are in writing and signed by all parties, including the Township, pursuant to procedures set forth in this chapter.
D. 
The final written mediated agreement shall be the only admissible evidence permitted in any subsequent judicial or administrative proceedings.
A. 
No plan shall be given final approval by the Township Board of Commissioners unless the public improvements required by this chapter have been installed in accordance with the standards set forth in Article IV.
B. 
In lieu of the completion of any improvement(s) required prior to, and as a condition for, final approval, the applicant shall provide for the deposit with the municipality of financial security in an amount sufficient to cover the costs of such improvement(s) or common amenities.
C. 
The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated by the developer. Annually, the Township may adjust the amount of the financial security by comparing the actual cost of the improvement(s) which have been completed and the estimated cost for the completion of the remaining improvement(s) as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to the annual adjustment, the Township may require the developer to post additional security in order to assure that the financial security equals 110%.
D. 
The amount of the financial security required shall be based upon an estimate of the cost of completion of the required improvement(s), submitted by the applicant and prepared by a registered professional engineer and certified by such engineer to be a fair and reasonable estimate of such cost. The Township Engineer shall review the proposed estimate and make a recommendation to the Board of Commissioners as to acceptance and may provide an estimate if deemed unacceptable.
(1) 
If the applicant and the Township cannot agree upon an estimate, then the estimate shall be recalculated and recertified by another registered professional engineer chosen mutually by the applicant and the Township. The estimate by the third engineer shall be deemed as the final estimate.
(2) 
If a third engineer is selected, the fees for services shall be evenly divided between the applicant and the Township.
E. 
If the party posting the financial security requires more than one year from the date of posting of the financial security to complete the required improvements, the amount of financial security may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of financial security or to an amount equal to 110% of the revised cost of completing the improvement(s) as established on or about the one-year anniversary of the original posting. The revised costs shall be determined by using the same manner as described for the initial financial security.
F. 
When the Township accepts dedication of all or some of the required improvement(s) following completion, the Board of Commissioners shall require the positing of financial security to secure the structural integrity of the improvement(s) in accordance with the design and specifications as depicted on the final plan. The term for financial security for the maintenance of the improvement(s) shall be 18 months, and the amount shall not exceed 15% of the actual cost of installation.
A. 
When the applicant has completed all of the necessary and appropriate improvements, he/she shall notify the Township, in writing, by certified or registered mail, of the completion of said improvements and shall also send a copy to the Township Engineer. The Township shall, within 10 days after receipt of such notice, direct the Township Engineer to inspect all of the installed improvements.
B. 
Within 30 days of authorization by the Board of Commissioners, the Township Engineer shall file a report, in writing, of the result of the inspection. A copy shall also be forwarded to the applicant by certified or registered mail. The report shall detail the improvements and shall indicate approval or rejection, in whole or in part, of the improvement(s). Any recommendation for rejection shall contain a statement of reasons for such recommendation.
C. 
The Township shall notify the applicant within 15 days of receipt of the Engineer's recommendation, in writing, by certified or registered mail, of the action of the Board of Commissioners.
D. 
If any portion of the said improvement(s) shall not be approved or shall be rejected by the Township, the applicant shall proceed to complete the same, and, upon completion, the same procedure of notification as identified above shall be followed.
E. 
The applicant shall reimburse the Township for the reasonable and necessary expense incurred for the inspection of improvements. Such reimbursement shall be based upon a schedule established by ordinance or resolution. Such fees shall be those customarily paid for engineering or consulting work performed in the Township.
F. 
In the event the applicant disputes the amount of any such expense in connection with the inspection of improvements, within 10 days of the billing, the applicant shall notify the Township that the expenses are unreasonable or unnecessary. The Township shall not delay any approvals or permits due to the dispute over engineer's expenses.
G. 
If the applicant and the Township cannot agree on the amount within 20 days of the billing date, a mutually agreed to engineer will be selected to review the necessary expenses. The decision shall be rendered within 50 days of appointment, and the applicant shall be required to pay the entire amount determined in the decision immediately.
H. 
If agreement on the engineer cannot be agreed to by the applicant and the Township within 20 days of the billing date, then the Court of Common Pleas shall be applied to select an engineer who has not performed duties for either the applicant or Township for a period of five years.
I. 
If the decision of the court-appointed engineer is equal to or greater than the original billing, the applicant shall be responsible for the fee. If the amount is less than the original bill by $1,000 or more, the Township shall be responsible. Any amount in between shall be split evenly.
A. 
Where the applicant shows to the satisfaction of the Township that the literal compliance with any mandatory provision of this chapter is unreasonable and causes undue hardship to the applicant because of peculiar conditions pertaining to the particular property, and if the applicant shows that an alternative proposal will allow for equal or better results, the Township may grant a modification to one or more provisions of this chapter. Such modification, however, shall not have the effect of nullifying the intent and/or purpose of this chapter.
B. 
In granting any modification, the Township may impose such conditions as will substantially secure the objectives of the standards and requirements of this chapter.
C. 
All requests for modification of any standard and/or requirement contained in this chapter shall be made in accordance with the following procedure:
(1) 
The request shall be made in writing and shall accompany the preliminary plan application. The request shall include:
(a) 
A full description of the unreasonableness or hardship on which the request is based and any peculiar circumstances.
(b) 
A full description of the alternative standard proposed to provide equal or better results.
(c) 
The section(s) of this chapter that are requested to be modified and the minimum modification necessary to relieve the hardship.
(2) 
The request for modification shall be reviewed by the Planning Commission during preliminary plan review to determine compliance with the requirements in Subsection C(1) above and shall be recommended for action to the Board of Commissioners.
(3) 
The Board of Commissioners, after receipt of the Planning Commission's recommendation, shall complete its own review and shall grant or reject the required modification.
(4) 
If the modification is granted, a note shall appear on the final plan for recordation.
(5) 
The Board of Commissioners shall keep a written record of all action on all requests for modifications.
A. 
As a condition of granting final plan approval, the Township shall require that the developer execute a development agreement with the Township, in a form acceptable to the Township Solicitor, containing 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 with such subdivision and/or land development.
B. 
If the applicant fails to execute the development agreement within 90 days of the date of final plan approval, or fails to initiate construction within one year of the date of execution of the development agreement, final plan approval shall expire, unless the applicant/developer submits a written request for an extension prior to the expiration of the one-year period and the Board of Commissioners grants the request in writing. In the event that final plan approval expires, the developer shall resubmit a final plan application for approval.
Approval of the final plan by the Board of Commissioners shall not be binding if county, state or federal agencies find just cause to disapprove the development. It shall be the applicant/developer's responsibility to obtain all necessary approvals from county, state and federal agencies.
A. 
The completion guarantee required by § 350-25 shall be in place, the fully executed development agreement required by § 350-28 shall be submitted, and all required fees shall be paid prior to the Township Secretary's signature and the placement of the Township Seal on the final plan.
B. 
Upon final approval of any plan, the applicant/developer shall, within 90 days of such final plan approval, record such plan in the office of the Allegheny County Recorder of Deeds.
C. 
Where any person illegally subdivides a parcel or lot by transferring portions of the parcel by deed, or by any other means, and subsequently records such transaction, all parties to the transaction thereby waive their rights to any waivers of any substantive or procedural requirements contained in this chapter, and the Township shall grant no such waiver to any such party or any agent acting on behalf of such party.
D. 
Upon recording of the final plan in the office of the Allegheny County Recorder of Deeds, the applicant shall deliver to the Township one reproducible copy and one paper copy of the plan as recorded.