[Ord. 1166, 8/27/1973, § 1169.01]
1.
Within six months after Township Planning Commission approval of
the preliminary subdivision or land development plat, a final subdivision
or land development plat and all necessary supplementary data shall
be delivered to the Township Manager. An extension of time may be
granted by the Township Planning Commission upon written request.
Otherwise, the plat submitted shall be considered as a new application
for preliminary plat approval if delivered after six months.
2.
The final plat shall conform in all respects to the preliminary plat
as previously approved by the Township Planning Commission and shall
incorporate all modifications or conditions required at the time of
preliminary approval and must be submitted using two-foot contour
intervals.
3.
The Township Planning Commission may permit submission of the final
plat in sections, each covering a reasonable portion of the entire
proposed subdivision as shown on the approved preliminary plat.
4.
Submission of final plats with preliminary plats is discouraged.
However, a subdivider or developer may do so at his own risk. The
preliminary plat must be considered first, but at the discretion of
the Planning Commission, both preliminary and final plats can be approved
at the same meeting.
[Ord. 1166, 8/27/1973, § 1169.02]
1.
Application Letter. A letter of application in three copies shall be directed to the Township Manager by the subdivider or developer. The letter shall specify what changes, additions and deletions have been made to the information which accompanied the preliminary plat, and identify the changes, additions or deletions requested by the Planning Commission. All required fees and drawings shall accompany the letter. Information relative to agreements or requirements not shown on the drawings shall also accompany the letter, as shall a draft of the agreement. See § 22-504. Basic format shall be the same as for the preliminary application.
3.
Copies of Final Plat and Supplemental Information. Eight copies of the final subdivision or land development plat shall be submitted to the Township Manager no later than five days prior to the meeting at which the plat is to be filed. The submission shall conform to the specifications as required in § 22-503.
4.
Receipt of Plat Application. When application for approval of the
plat is received by the Township Manager, the date of receipt shall
be stamped thereon.
5.
Filing of Final Plat. At each regularly monthly meeting of the Planning
Commission, the Township Manager shall present for filing all final
subdivision and/or development plat applications received since the
last scheduled monthly meeting but no later than five days prior to
the meeting. Each such application received shall be recorded in the
minutes as having been filed with the Planning Commission for review.
[Ord. 1166, 8/27/1973, § 1169.03; as amended by
Ord. 2288, 4/12/2010]
1.
Format. The final subdivision or land development plat shall conform to the form established in § 22-403.
2.
Other Requirements.
A.
The total tract boundary lines of the area being subdivided or developed
with accurate distances to 1/100 of a foot and bearings to 1/4 of
a minute. These boundaries shall be determined by accurate survey
in the field, which shall be balanced and closed with an error of
closure not to exceed one foot in 2,000 feet; provided, however, that
the boundary(s) adjoining additional unplatted land of the subdivider
or developer (for example, between separately submitted final plat
sections) are not required to be based upon field surveys and may
be calculated. The location and elevation of all boundary line (perimeter)
monuments shall be indicated, along with a statement of the total
area of the property being subdivided or developed. In addition, the
engineer or surveyor shall certify to the accuracy of the survey,
the drawn plat, and the placement of the monuments.
B.
All final dimensions and bearings of street and lot lines including
radii of curves and arcs, and delta angles of all curves.
C.
All final lot numbers.
D.
All final easements and rights-of-way.
E.
Building setback lines.
F.
Appropriate spaces for written approval of the plat by the Township
Planning Commission, the Commissioners, the County planning agency
and the County Recorder of Deeds, and such other legal information
as may be required by the current approved Township format.
G.
Location of permanent conservation measures.
H.
All offers of dedication, or covenants governing the reservation
and maintenance of undedicated open space.
I.
Such private deed restrictions, including anti-lot reduction clauses
and building setback agreements, as may be imposed upon the property
as a condition to sale, together with a statement of any restrictions
previously imposed which may affect the title of the land being subdivided
or developed.
J.
All plats must conform with Part 3 and Part 6.
K.
The location of the structure indicating the distance from the various
property lines.
L.
A landscape rendering.
N.
Screening and buffer areas.
O.
Architectural rendering and dimensions of the structure and improvements.
P.
Anticipated schedule of development.
Q.
Method of stormwater control, with calculations when required.
R.
Proposed use, a market study, showing need for proposed development
when required by the Planning Commission.
S.
Traffic study, when required by the Planning Commission.
[Ord. 1166, 8/27/1973, § 1169.04; as amended by
Ord. 1726, 10/14/1991, § 22-504]
1.
Agreements.
A.
Prior to granting final approval of a subdivision or land development
plat, the Board of Commissioners shall have the Township Solicitor
review the agreement providing that the subdivider or developer shall
complete the required improvements and incorporate in the agreement
any specific matter which the subdivider or developer shall perform
and which is not shown in the plans or maps, and including therein
an agreement to provide a completion bond to guarantee performance
of such contracts. The agreement, prepared by legal counsel of the
subdivider or developer, shall be executed and the proper bonds furnished
and all fees paid before a final approval is granted.
B.
If there is a case where land development is not intended for the
immediate erection of buildings where streets, curbs, gutters, street
lights, fire hydrants, water and sewage facilities and other improvements
may not be possible to install as a condition precedent to final approval
of plats, the Board of Commissioners shall have the Township Solicitor
prepare an agreement providing that the subdivider or developer shall
commit himself to the above agreements as a condition precedent to
the erection of building(s) on lands included in the approved plat.
[Ord. 1166, 8/27/1973; as added by Ord. 1726, 10/14/1991,
§ 22-505]
1.
No plat shall be finally approved unless the streets shown on such
plat have been improved to a mud-free or otherwise permanently passable
condition, or improved as may be otherwise required by this chapter
and any walkways, curbs, gutters, street lights, fire hydrants, shade
trees, water mains, sanitary sewers, storm sewers and other improvements
as may be required by this chapter have been installed in accordance
with this chapter. In lieu of the completion of any improvements required
as a condition for the final approval of a plat, including improvements
or fees otherwise required by this chapter, the developer may deposit
with the Township financial security in an amount sufficient to cover
the costs of such improvements or common amenities including basins
and other related drainage facilities, recreational facilities, open
space improvements, or buffer or screen plantings which may be required.
2.
When requested by the developer, in order to facilitate financing,
the Board of Commissioners shall furnish the developer with a signed
copy of a resolution indicating approval of the final plat contingent
upon the developer obtaining a satisfactory financial security. The
final plat or record plan shall not be signed nor recorded until the
financial improvements agreement is executed. The resolution or letter
of contingent approval shall expire and be deemed to be revoked if
the financial security agreement is not executed within 90 days unless
a written extension is granted by the Board of Commissioners; such
extension shall not be unreasonably withheld and shall be placed in
writing at the request of the developer.
3.
Without limitation as to other types of financial security which
the Township may approve, which approval shall not be unreasonably
withheld, federal or commonwealth chartered lending institution irrevocable
letters of credit and restrictive or escrow accounts in such lending
institutions shall be deemed acceptable financial security for the
purposes of this section.
4.
Such financial security shall be posted with a bonding company or
federal or commonwealth chartered lending institution chosen by the
party posting the financial security, provided said bonding company
or lending institution is authorized to conduct such business within
the commonwealth.
5.
Such bond, or other security shall provide for, and secure to the
public, the completion of any improvements which may be required on
or before the date fixed in the formal action of approval or accompanying
agreement for completion of the improvements.
6.
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 as of 90 days following the date scheduled for
completion by the developer. Annually, the Township may adjust the
amount of the financial security by comparing the actual cost of the
improvements which have been completed and the estimated cost for
the completion of the remaining improvements as of the expiration
of the ninetieth 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 financial security equals said
110%. Any additional security shall be posted by the developer in
accordance with this subsection.
7.
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements, submitted
by the applicant or developer and prepared by a professional engineer
licensed as such in this commonwealth and certified by such engineer
to be a fair and reasonable estimate of such cost. The Township, upon
the recommendation of the Township engineer, may refuse to accept
such estimate for good cause shown. If the applicant or developer
and the Township are unable to agree upon an 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 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.
8.
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 not exceeding 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 bidding procedure.
9.
In the case where development is projected over a period of years,
the Board of Commissioners may authorize submission of final plats
by sections or stages of development subject to such requirements
or guarantees as to improvements in future sections or stages of development
as it finds essential for the protection of any finally approved section
of the development.
10.
As the work of installing the required improvements proceeds, the
party posting the financial security may request the Board of Commissioners
to release or authorize the release, from time to time, of such portions
of the financial security necessary for payment to the contractor
or contractors performing the work. Any such requests shall be in
writing addressed to the Board of Commissioners, and the Board of
Commissioners shall have 45 days from receipt of such request within
which to allow the Township engineer to certify, in writing, to the
Board of Commissioners that such portion of the work upon the improvements
has been completed in accordance with the approved plat. Upon such
certification the Board of Commissioners shall authorize release by
the bonding company or lending institution of an amount as estimated
by the Township engineer fairly representing the value of the improvements
completed or, if the Board of Commissioners fails to act within said
forty-five-day period, the Board of Commissioners shall be deemed
to have approved the release of funds as requested. The Board of Commissioners
may, prior to final release at the time of completion and certification
by its engineer, require retention of 10% of the estimated cost of
the aforesaid improvements.
11.
Where the Board of Commissioners accepts dedication of all or some
of the required improvements following completion, the Board of Commissioners
may require the posting of financial security to secure structural
integrity of said improvements as well as the functioning of said
improvements in accordance with the design and specifications as depicted
on the final plat for a term not to exceed 18 months from the date
of acceptance of dedication. Said financial security shall be of the
same type as otherwise required in this section with regard to installation
of such improvements, and the amount of the financial security shall
not exceed 15% of the actual cost of installation of said improvements.
12.
If water mains or sanitary sewer lines, or both, along with apparatus
or facilities related thereto, are to be installed under the jurisdiction
and pursuant to the rules and regulations of a public utility or municipal
authority separate and distinct from the Township, financial security
to assure proper completion and maintenance thereof shall be posted
in accordance with the regulations of the controlling public utility
or municipal authority and shall not be included within the financial
security as otherwise required by this section.
13.
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final approval of
a plat as set forth in this section, the Township shall not condition
the issuance of building, grading or other permits relating to the
erection or placement of improvements, including buildings, upon the
lots or land as depicted upon the final plat upon actual completion
of the improvements depicted upon the approved final plat. Moreover,
if said financial security has been provided, occupancy permits for
any building or buildings to be erected shall not be withheld following
the improvement of the streets providing access to and from existing
public roads to such building or buildings to a mud-free or otherwise
permanently passable condition, as well as the completion of all other
improvements as depicted upon the approved plat, either upon the lot
or lots or beyond the lot or lots in question if such improvements
are necessary for the reasonable use of or occupancy of the building
or buildings.
[Ord. 1166, 8/27/1973; as added by Ord. 1726, 10/14/1991,
§ 22-506]
In the event that any improvements which may be required have
not been installed as provided in this chapter or in accord with the
approved final plat the Board of Commissioners is hereby granted the
power to enforce any corporate bond, or other security by appropriate
legal and equitable remedies. If the proceeds of such bond, or other
security are insufficient to pay the cost of installing or making
repairs or corrections to all the improvements covered by said security,
the Board of Commissioners may, at its option, install part of such
improvements in all or part of the subdivision or land development
and may institute appropriate legal or equitable action to recover
the moneys necessary to complete the remainder of the improvements.
All of the proceeds, whether resulting from the security or from any
legal or equitable action brought against the developer, or both,
shall be used solely for the installation of the improvements covered
by such security, and not for any other Township purpose.
[Ord. 1166, 8/27/1973, § 1169.05; as amended by
Ord. 2288, 4/12/2010]
1.
Procedure. Review shall be conducted in the same manner and by the same procedures as set forth in § 22-404 for preliminary plats.
2.
Review by Planning Commission. When all the requirements of this
chapter are met and review is favorable, the Planning Commission shall
authorize its Chairman to endorse the plat approved by the Planning
Commission, together with the date of such review and forward the
Plat to the Township Commissioners. If the final plat is recommended
for disapproval, reasons for such review shall be explicitly stated,
in writing, citing the provisions of this chapter relied upon, copies
of which shall be distributed by the Secretary of the Planning Commission
to the subdivider or developer and the Board of Commissioners.
3.
Review by Township Commissioners. When a final plat has been officially
submitted to the Township Commissioners by the Planning Commission,
as indicated, such plat shall be placed on the agenda of the Commissioners,
for review at their next regularly scheduled meeting. At a regularly
scheduled meeting, the Township Commissioners shall review the final
plats and the written reports thereon of the Township Planning Commission
and other agencies.
4.
Approval of Plats. All applications for approval of a plat, whether
preliminary or final, shall be acted upon by the Board of Commissioners
within such time limits as may be fixed in this chapter but the Board
of Commissioners shall render its decision and communicate it to the
applicant not later than 90 days following the date of the regular
meeting of the Board of Commissioners next following the date the
application is filed or after a final order of court remanding an
application, provided that should the said next regular meeting occur
more than 30 days following the filing of the application or the final
order of the court, the said ninety-day period shall be measured from
the thirtieth day following the day the application has been filed.
A.
The decision of the Board of Commissioners or the planning agency
shall be in writing and shall be communicated to the applicant personally
or mailed to him at his last known address not later than 15 days
following the decision.
B.
When the application is not approved in terms as filed the decision
shall specify the defects found in the application and describe the
requirements which have not been met and shall, in each case, cite
to the provisions of the statute or ordinance relied upon.
C.
Failure of the Board of Commissioners to render a decision and communicate
it to the applicant within the time and in the manner required herein
shall be deemed an approval of the application in 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. 1166, 8/27/1973, § 1169.06; as amended by
Ord. 1726, 10/14/1991, § 22-508; and by Ord. 2288, 4/12/2010]
1.
Upon the approval of a final plat, the developer shall within 90
days of such final approval, or 90 days after the date of delivery
of an approved plat signed by the Board of Commissioners, following
completion of conditions imposed fro such approval, whichever is later,
record such plat in the Allegheny County Real Estate Department.
2.
The recording of the plat shall not constitute grounds for assessment
increases until such time as lots are sold or improvements are installed
on the land included within the subject plat.
[Ord. 1166, 8/27/1973, § 1169.07]
1.
These regulations shall not be construed to require the subdivider
to comply with resubdivision procedures in each and every case for
minor shifts in lot lines because of excessive topography or similar
type of development problems. For purposes of review, however, the
Township shall be solely responsible for review and approval of resubdivision
involving lot line changes. If major street changes or other modifications
to easements or rights-of-way are involved, the Allegheny County Department
of Planning and Development shall be notified and its recommendations
required.
2.
Lot lines may be changed from those shown on a recorded plan; provided,
that in making such changes:
A.
No lot or tract of land shall be created or sold that is smaller than the minimum dimensions required by the Township Zoning Ordinance [Chapter 27].
B.
Easements reserved for drainage shall not be changed.
C.
No lot shall be created which does not abut a public street.
D.
The character of the area shall be maintained.
3.
In every case wherein lot lines are changed as permitted above, the
subdivider shall:
A.
Prepare a record plat and submit such plat for the approval of the
Township Planning Commission and the Board of Commissioners which
shall specifically identify the previous record plat thus superseded,
and then record the plat.
4.
If street changes are also necessary, the above procedure shall be
followed after approval is received from the Allegheny County Department
of Planning and Development.
