[Ord. 1166, 8/27/1973, § 1169.01]
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.
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.
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.
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]
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.
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.
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.
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]
Format. The final subdivision or land development plat shall conform to the form established in § 22-403.
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.
All final dimensions and bearings of street and lot lines including radii of curves and arcs, and delta angles of all curves.
All final lot numbers.
All final easements and rights-of-way.
Building setback lines.
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.
Location of permanent conservation measures.
All offers of dedication, or covenants governing the reservation and maintenance of undedicated open space.
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.
All plats must conform with Part 3 and Part 6.
The location of the structure indicating the distance from the various property lines.
A landscape rendering.
Screening and buffer areas.
Architectural rendering and dimensions of the structure and improvements.
Anticipated schedule of development.
Method of stormwater control, with calculations when required.
Proposed use, a market study, showing need for proposed development when required by the Planning Commission.
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]
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.
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]
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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]
Procedure. Review shall be conducted in the same manner and by the same procedures as set forth in § 22-404 for preliminary plats.
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.
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.
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.
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.
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.
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]
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.
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]
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.
Lot lines may be changed from those shown on a recorded plan; provided, that in making such changes:
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].
Easements reserved for drainage shall not be changed.
No lot shall be created which does not abut a public street.
The character of the area shall be maintained.
In every case wherein lot lines are changed as permitted above, the subdivider shall:
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.
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.