[Ord. 657, 4/9/2015]
Three types of approvals regulate lot revisions, lot consolidations,
subdivisions and land developments. The three approvals include:
[Ord. 657, 4/9/2015]
Applicants are required to apply for and receive a simple subdivision
approval from the Township in accordance with the following criteria:
B.
Recommendations and Approvals.
(1)
The Planning Director shall make recommendations to the Board
of Supervisors regarding simple subdivisions.
(2)
The Board of Supervisors shall be responsible for approving or denying simple subdivisions. The Board of Supervisors may approve a simple subdivision subject to certain conditions, including, but not limited to: compliance with the provisions and standards defined in this chapter, the Zoning Ordinance [Chapter 27] and any other applicable Township ordinances and regulations; and any additional requirements deemed reasonably necessary. The decision of the Board of Supervisors shall be communicated to the applicant in writing in the manner required by § 22-207, Subsection 2J(3).
(3)
In the case of simple subdivisions, as defined by this chapter, only a final application shall be required, provided that all requirements for submission of a final application are met pursuant to this chapter. In addition, the Planning Director may require a topographical survey in accordance with § 22-303 to be submitted as part of the final application in simple subdivisions where warranted by physical conditions.
C.
Conferences. Conferences with the Planning Director are suggested
prior to the submission of a final application.
[Ord. 657, 4/9/2015]
Applicants are required to apply for and receive a minor land
development approval from the Township in accordance with the following
criteria:
B.
Recommendations and Approvals.
(1)
The Planning Director shall be responsible for approving or denying all minor land developments that propose a nonresidential addition or enlargement of an existing building which: (a) is less than 10% of the gross floor area of the existing building; and (b) comprises no more than 1,000 square feet in area. The Planning Director may conditionally approve a minor land development subject to certain conditions including, but not limited to: compliance with provisions and standards defined in this chapter, the Zoning Ordinance [Chapter 27], and any other applicable Township ordinances and regulations; and any additional requirements deemed reasonably necessary. The Planning Director's decision shall be communicated to the applicant in writing in a manner similar to that required by § 22-207, Subsection 2J(3). All minor land developments approved by the Planning Director under this subsection shall not require the recommendation and/or approval of the Planning Commission or Board of Supervisors, however all such minor land developments shall otherwise comply with all other regulations in this chapter applicable to minor land developments.
(2)
The Planning Commission shall make recommendations to the Board
of Supervisors regarding minor land developments, except as specified
in subparagraph (1) above.
(3)
The Board of Supervisors shall be responsible for approving or denying minor land developments, except as specified in subparagraph (1) above. The Board of Supervisors may approve a minor land development subject to certain conditions including, but not limited to: compliance with provisions and standards defined in this chapter, the Zoning Ordinance [Chapter 27], and any other applicable Township ordinances and regulations; and any additional requirements deemed reasonably necessary. The decision of the Board of Supervisors shall be communicated to the applicant in writing in the manner required by § 22-207, Subsection 2J(3).
(4)
In the case of minor land developments, as defined by this chapter,
only a final application shall be required, provided that all requirements
for submission of a final application are met pursuant to this chapter.
C.
Conferences.
(2)
A pre-application conference is recommended with the Planning Commission prior to the submission of a final application, with the exception of those minor land developments under the jurisdiction of the Planning Director pursuant to § 22-203, Subsection 1B(1). Refer to § 22-206 for the requirements of a pre-application conference and § 22-321 for the recommendations for a pre-application conference.
D.
Final Application. Minor land development applicants are required
to submit a final application only. The required plans, reports and
analyses shall be completed in accordance to the specifications and
criteria defined by this chapter. The contents of a final application
submission shall include the following:
[Ord. 657, 4/9/2015]
Applicants are required to apply for and receive a major land
development approval from the Township in accordance with the following
criteria:
A.
Applicability.
(1)
A land development of single-family dwelling(s) and/or two-family
dwelling(s) that creates five or more lots.
(2)
All multi-family residential development.
(3)
A nonresidential land development with more than 5,000 square
feet of new gross floor area.
(4)
All planned residential developments and planned nonresidential developments in accordance with the Zoning Ordinance [Chapter 27].
(5)
All subdivisions and land developments that contain a use classified as a conditional use or use by special exception under the Zoning Ordinance [Chapter 27].
(6)
All mobile home parks.
(7)
All cottage home land developments.
(8)
A subdivision and/or land development that does not qualify
as a minor land development or simple subdivision under this chapter.
B.
Recommendations and Approvals.
(1)
The Planning Commission shall make recommendations to the Board
of Supervisors regarding major land developments.
(2)
The Board of Supervisors shall be responsible for approving or denying major land developments. The Board of Supervisors may approve a major land development subject to certain conditions including, but not limited to: compliance with the provisions and standards defined in this chapter, the Zoning Ordinance [Chapter 27] and any other applicable Township ordinances and regulations; and any additional requirements deemed reasonably necessary. The decision of the Board of Supervisors shall be communicated to the applicant in writing in the manner required by § 22-207, Subsection 2J(3).
D.
Preliminary Application. Major land development applicants shall
submit a preliminary application. The required plans, reports and
analyses shall be completed in accordance to the specifications and
criteria defined by this chapter. The contents of a preliminary application
submission shall include the following:
E.
Final Application. Major land development applicants shall submit
a final application. The required plans, reports and analyses shall
be completed in accordance to the specifications and criteria defined
by this chapter. The contents of a final application submission shall
include the following:
[Ord. 657, 4/9/2015]
Table 22-1, Approvals and Applications Summary, shall serve as the general reference to the requirements for subdivision and land development applications and approvals within the Township. The specific submission requirements for each type of approval and application shall be as defined in this chapter, particularly in this Part and Part 3 of this chapter.
[Ord. 657, 4/9/2015]
1.
A voluntary sketch plan conference with the Planning Director is
recommended prior to the pre-application conference. The sketch plan
conference requires no formal application or fee.
2.
Prior to filing an application for preliminary approval, a prospective applicant may appear before the Planning Commission for a pre-application conference to discuss the applicable regulations governing subdivision and/or land development of the property and the feasibility and timing of the application. The pre-application conference is voluntary and no formal application or fee is required. This opportunity is afforded to the developer to obtain information and guidance before entering into binding commitments or incurring substantial expenses for plan preparation. See § 22-321 for the recommended materials to be submitted for a pre-application conference.
[Ord. 657, 4/9/2015]
1.
Preliminary Application.
A.
A preliminary application shall be submitted at least 14 calendar
days prior to the Planning Commission's next regular monthly meeting.
B.
The applicant shall file 14 copies of the preliminary application
to the Township using forms provided by the Township.
C.
Six full-scale copies, eight half-scale copies (with a minimum scale
of one inch equals 200 feet) and one electronic file of all plans,
maps and drawings are required as part of the application. The electronic
file shall be in a Township-compatible format.
D.
Four paper copies and one electronic copy of all reports are required as part of the application (Refer to § 22-205). The electronic file shall be in a Township compatible format.
F.
The Planning Director shall review the application to determine whether all materials required by § 22-204 have been submitted by the applicant. If all such materials have not been submitted by the applicant, then the Planning Director shall reject the application as being administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met and returning the applicant's application fee and deposit.
G.
Within five calendar days of receipt of an administratively complete
application, the Planning Director shall submit one copy of the application
to the following entities and individuals for review: the MTA; the
County planning agency or its designee; the Environmental Advisory
Council; the Township Engineer; and any other appropriate Township
personnel or professional consultants.
H.
The Planning Director shall provide one copy of an administratively
complete application and any materials submitted therewith to the
Planning Commission by no later than the Friday prior to the date
of the regular monthly meeting of the Planning Commission.
I.
Township Staff and Professional Consultant Reviews.
(1)
The Planning Director and any other Township personnel or professional consultant, as directed by the Planning Director, shall review the application to determine if it is in compliance with this chapter, the Zoning Ordinance [Chapter 27], applicable Township ordinances, the Township Comprehensive Plan and the Township planning objectives. The Planning Director shall prepare a written report of his findings and recommendations, which he shall provide to the Board of Supervisors, Township Manager, Township Engineer, Planning Commission and any other appropriate Township personnel or professional consultant. The other Township personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Planning Director.
(2)
The Township Engineer shall review the application documents to determine compliance with this chapter, the Stormwater Management Ordinance [Chapter 23], and any other applicable Township ordinances and regulations, Township Standard Details and sound engineering practices. The Township Engineer shall prepare a written report of his findings and recommendations, which the Planning Director shall provide to the Board of Supervisors, Township Manager, the Planning Commission, and any other appropriate Township personnel or professional consultant.
J.
Planning Commission Review and Recommendation.
(1)
The Planning Commission shall review the preliminary application
and associated documents and forward its recommendation to the Board
of Supervisors.
(2)
If the plan is deemed to have outstanding comments or unaddressed
concerns, the applicant shall resubmit revised drawings, supporting
reports, documents and other similar material for review by the Township
staff, professional consultants and the Planning Commission.
K.
Board of Supervisors Action.
(1)
The Board of Supervisors shall act upon the preliminary application
no later than 90 days following the regular meeting of the Planning
Commission next following the date of filing of an administratively
complete application; provided, that should the next said Planning
Commission meeting occur more than 30 days following the filing of
an administratively complete application, said ninety-day period shall
be measured from the thirtieth day following the date of filing of
the administratively complete application. The recommendation of the
Planning Commission shall be made a part of the record at the said
Board of Supervisors meeting.
(2)
The Board of Supervisors shall not act on a preliminary application
unless the Township has received written review of the application
by the County planning agency or its designee, or unless 30 calendar
days have passed since the date of referral to the County planning
agency.
(3)
A letter indicating approval, approval with conditions or disapproval
shall be in writing and shall be communicated to the applicant personally
or mailed to him at his last known address within 15 calendar days
following the Board of Supervisors decision. If the preliminary application
is not approved in terms as filed, the Board of Supervisors shall
specify the defects found in the preliminary application and, in each
case, shall cite the requirements of this chapter or other Township
ordinances or statutes that the applicant has not met, in accordance
with the MPC.
(4)
The applicant shall accept or reject the conditions attached
to the preliminary approval by giving written notice to the Planning
Director within 30 calendar days of the date of the Board of Supervisors
decision. If the applicant fails to give written notice to the Planning
Director regarding acceptance or rejection of the conditions attached
to preliminary approval within the required 30 calendar days, then
the conditions shall be deemed accepted by the applicant.
(5)
Approval of a preliminary plan application shall only constitute
authorization to proceed with preparation and filing of a final plan
application once all conditions of approval have been addressed and
complied with in a manner acceptable to the Township.
L.
Expiration of Preliminary Plan Approval.
(1)
Preliminary approval shall expire within five years after being
granted by the Board of Supervisors, unless the applicant requests
and the Board of Supervisors grant a written extension prior to the
preliminary approval's expiration. The applicant shall submit a request
for extension, in writing, to the Planning Director at least 30 calendar
days prior to any prevailing expiration date. Extensions may be granted
for one or more six-month periods, upon the Board of Supervisors finding
that such extension is warranted.
(2)
In the case of a phased development calling for the installation
of public improvements beyond the five-year period, a schedule shall
be filed by the applicant with the preliminary application delineating
all proposed phases or sections, as well as deadlines for submission
of applications for final approval of each phase or section. Such
schedule shall be updated annually by the applicant on or before the
anniversary date of preliminary approval, until final approval of
the last phase or section has been granted. Any modification in the
schedule for filing final applications shall be subject to approval
by the Board of Supervisors in its sole discretion.
2.
Final Application.
A.
A final application shall be submitted at least 14 calendar days
prior to the Planning Commission's next regular monthly meeting.
B.
The applicant shall file 14 copies of the final application to the
Township, using a form provided by the Township. In addition, one
copy of the approved preliminary plan shall accompany the final application.
C.
Six full-scale copies, eight half-scale copies (with a minimum scale
of one inch equals 200 feet) and one electronic file of all plans,
maps and drawings are required as part of the application. The electronic
file shall be in a Township-compatible format.
D.
Four paper copies and one electronic copy of all reports are required as part of the application (Refer to § 22-205). The electronic file shall be in a Township compatible format.
F.
The Planning Director shall review the application to determine whether all materials required by § 22-204 have been submitted by the applicant. If all such materials have not been submitted by the applicant, then the Planning Director shall reject the application as being administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met and returning the applicant's application fee and deposit.
G.
The Planning Director shall submit one copy of the administratively
complete application to the following entities and individuals for
review:
(1)
Within five calendar days of receipt, to the County planning
agency or its designee; the Township Engineer; and any other appropriate
Township personnel or professional consultants; and
(2)
To the Planning Commission by no later than the Friday prior
to the date of the regular meeting of the Planning Commission.
H.
Township Staff and Professional Consultant Reviews.
(1)
The Planning Director and any other Township personnel or professional consultant, as directed by the Planning Director, shall review the application to determine if it is in compliance with this chapter, the Zoning Ordinance [Chapter 27], applicable Township ordinances, the Township Comprehensive Plan and the Township planning objectives. The Planning Director shall prepare a written report of his findings and recommendations, which he shall provide to the Board of Supervisors, Township Manager, Township Engineer, Planning Commission and any other appropriate Township personnel or professional consultant. The other Township personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Planning Director.
(2)
The Township Engineer shall review the application documents to determine compliance with this chapter, the Stormwater Management Ordinance [Chapter 23], and any other applicable Township ordinances and regulations, Township Standard Details and sound engineering practices. The Township Engineer shall prepare a written report of his findings and recommendations, which the Planning Director shall provide to the Board of Supervisors, Township Manager, the Planning Commission, and any other appropriate Township personnel or professional consultant.
I.
Planning Commission Review and Recommendation.
(1)
The Planning Commission shall review the final application and
associated documents and forward its recommendation to the Board of
Supervisors.
(2)
If the plan is deemed to have outstanding comments or unaddressed
concerns, the applicant shall resubmit revised drawings, supporting
reports, documents and other similar material for review by the Township
staff, professional consultants and the Township Planning Commission.
J.
Board of Supervisors Action.
(1)
The Board of Supervisors shall act upon the final application
no later than 90 days following the regular meeting of the Planning
Commission next following the date of filing of an administratively
complete application; provided, that should the next said Planning
Commission meeting occur more than 30 days following the filing of
an administratively complete application, said ninety-day period shall
be measured from the thirtieth day following the date of filing of
the administratively complete application. The recommendation of the
Planning Commission shall be made apart of the record at the said
Board of Supervisors meeting.
(2)
The Board of Supervisors shall not act on a final application
unless the Township has received written review of the application
by the County planning agency or its designee, or unless at least
30 calendar days have passed since the date of referral to the County
planning agency.
(3)
A letter indicating approval, approval with conditions or disapproval
shall be in writing and shall be communicated to the applicant personally
or mailed to him at his last known address within 15 calendar days
following the Board of Supervisors decision. If the final application
is not approved in terms as filed, the Board of Supervisors shall
specify the defects found in the final plan application and cite the
requirements of this chapter or other Township ordinances or statutes
that the applicant has not met, in accordance with the MPC.
(4)
The applicant shall accept or reject the conditions attached to the final approval either by giving written notice to the Planning Director or executing the development agreement required by § 22-212 within 30 days of the date of the Board of Supervisors decision. If the applicant fails to give written notice to the Township regarding acceptance or rejection of the conditions attached to final approval within the required 30 calendar days, then the conditions shall be deemed accepted by the applicant.
K.
Phased Approval.
(1)
In the case where development of a subdivision or land development
is projected over a period of years, the Township authorizes submission
of final applications by sections or phases of development, subject
to such requirements or guarantees for private or public improvements
in future sections or phases of the development which are essential
for the protection of the public welfare and any existing or proposed
section or phase of the plan.
(2)
All sections or phases must conform to the preliminary application as previously approved by the Township. Any phase that contains substantive changes in the number of lots or buildings proposed or in the layout of the lots, buildings or streets previously approved in the preliminary application will require complete resubmission of the preliminary application in accordance with § 22-204, Subsection 1D.
[Ord. 657, 4/9/2015]
Unless otherwise provided by the Zoning Ordinance [Chapter 27] or the MPC, a developer may request simultaneous preliminary and final approval of a subdivision or land development application provided that all applicable application requirements of §§ 22-204, Subsections 1D and E, are satisfied in a manner acceptable to the Planning Director.
[Ord. 657, 4/9/2015]
1.
Application Requirements. Any request for a waiver or modification
of a provision of this chapter shall be submitted in writing as part
of an application for preliminary or final approval. The written request
shall include:
A.
The specific section of this chapter which is requested to be waived
or modified.
B.
The justification for the modification or waiver, stating in full
the grounds and facts of unreasonableness or hardship on which the
request is based.
C.
Provisions proposed as an alternate to the requirements.
E.
Appropriate filing fee and deposit.
2.
Application Procedure.
A.
An application for a modification or waiver shall be filed with the Planning Director, on forms as prescribed by the Township, as part of an application for preliminary or final plan approval and at least 14 calendar days prior to the regular monthly meeting of the Planning Commission. The application shall not be considered administratively complete and properly filed unless or until all items required by Subsection 1 above, including the application fee and deposit, have been received by the filing date.
B.
The Planning Director shall review the application to determine whether all materials required by Subsection 1 above and any other relevant Township ordinances have been submitted by the applicant. If all such materials have not been submitted by the applicant, then the Planning Director shall reject the application as being administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met and returning the applicant's application fee and deposit.
C.
Within five days of receipt of an administratively complete application,
the Planning Director shall submit one copy of the application and
any materials submitted therewith to the following entities for review:
the Township Engineer; the County planning agency or its designee;
and any other appropriate Township personnel or professional consultants.
D.
The Planning Director shall provide one copy of an administratively
complete application and any materials submitted therewith to the
Planning Commission by no later than the Friday prior to the date
of the regular monthly meeting of the Planning Commission.
3.
Township Staff Review.
A.
The Planning Director and any other Township personnel or professional consultant, as directed by the Planning Director, shall review the application documents to determine if they are in compliance with this chapter, the Zoning Ordinance [Chapter 27], and any other applicable Township ordinances or regulations. The Planning Director shall prepare a written report of his findings and recommendations which he shall provide to the Board of Supervisors, Township Manager, Township Engineer, Planning Commission and any other appropriate Township personnel and professional consultant. The other Township personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Planning Director.
B.
The Township Engineer shall review the application documents to determine compliance with this chapter, the Stormwater Management Ordinance [Chapter 23], and any other applicable Township ordinances and regulations, Township Standard Details and sound engineering practices. The Township Engineer shall prepare a written report of his findings and recommendations, which the Planning Director shall provide to the Board of Supervisors, Township Manager, the Planning Commission, and any other appropriate Township personnel or professional consultant.
4.
Planning Commission Review and Recommendation.
A.
The Planning Commission may review the application and associated
documents and forward its recommendation to the Board of Supervisors.
B.
If the application is deemed to have outstanding comments or unaddressed
concerns, the applicant shall resubmit revised drawings, supporting
reports, documents and other similar material for review by the Township
staff, professional consultants and the Planning Commission.
5.
Board of Supervisors Action.
A.
The Board of Supervisors may approve a modification or waiver application
if the applicant proves all of the following:
(1)
The literal enforcement of the subject section(s) of this chapter
will exact undue hardship because of peculiar conditions pertaining
to the land in question.
(2)
The waiver or modification of the subject section(s) of this
chapter will not be contrary to the public interest.
(3)
The purpose and intent of this chapter is observed.
(4)
An alternative proposal will allow for equal or better results
and represents the minimum modification necessary.
B.
In approving a modification or waiver application, the Board of Supervisors
may, in its sole discretion, impose such reasonable conditions as
it deems necessary to secure the objectives and purposes of this chapter
and to protect the public interest. When a modification or waiver
is granted, a statement of the approved modification or waiver shall
be provided on the final plan.
C.
A letter indicating approval, approval with conditions or disapproval
shall be in writing and shall be communicated to the applicant personally
or mailed to him at his last known address.
[Ord. 657, 4/9/2015]
1.
Application. After an applicant has received official notification
that the preliminary plan has been approved, the applicant may file
an application for approval of an improvement construction plan in
lieu of posting performance security with the Township to guarantee
the construction of the improvements required by this chapter. No
construction may proceed until approval of the improvement construction
plan is granted.
2.
Application Requirements. All improvement construction plan applications
shall include the following:
A.
Six full-scale copies, eight half-scale copies (with a minimum scale
of one inch equals 200 feet) and one electronic file of the improvement
construction plan. The electronic file shall be in a Township compatible
format.
B.
Four paper copies and one electronic copy of all reports, notifications
and certificates which are not provided on the improvement construction
plan. The electronic file shall be in a Township compatible format.
C.
Four paper copies and one electronic copy of a detailed narrative
describing the proposed project and what action is being requested
from the Township. The electronic file shall be in a Township compatible
format.
D.
A completed application form and supplemental documents.
E.
The appropriate filing fee and deposit.
3.
Plan Requirements. All improvement construction plans shall be prepared in conformance with the provisions of § 22-204, Subsection 1E, of this chapter.
4.
Application Procedure.
A.
An application for approval of an improvement construction plan shall be filed with the Planning Director, on forms as prescribed by the Township, at least 14 calendar days prior to the date of the regular monthly workshop meeting of the Board of Supervisors. The application shall not be considered complete and properly filed unless or until all items required by Subsections 2 and 3 above, including the application fee and deposit, have been received by the filing date.
B.
The Planning Director shall review the application to determine whether all materials required by Subsections 2 and 3 above and any other relevant Township ordinances have been submitted by the applicant. If all such materials have not been submitted by the applicant, then the Planning Director shall reject the application as being administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met and returning the applicant's application fee and deposit.
C.
Within five days of receipt of an administratively complete application,
the Planning Director shall submit one copy of the application and
any materials submitted therewith to the following entities for review:
the Township Engineer; and any Township employee or professional consultant
deemed necessary by the Planning Director.
5.
Township Staff Review.
A.
The Planning Director and any other Township personnel or professional consultant, as directed by the Planning Director, shall review the improvement construction plan application documents to determine if they are in compliance with this chapter, the Zoning Ordinance [Chapter 27], and any other applicable Township ordinances or regulations. The Planning Director shall prepare a written report of his findings and recommendations, which he shall provide to the Board of Supervisors, Township Manager, Township Engineer, and any other appropriate Township personnel or professional consultant. The other Township personnel and professional consultants shall provide comments and recommendations, including written findings, when directed by the Planning Director.
B.
The Township Engineer shall review the application documents to determine compliance with this chapter, the Township Stormwater Management Ordinance [Chapter 23], and any other applicable Township ordinances and regulations, Township Standard Details and sound engineering practices. The Township Engineer shall prepare a written report of his findings and recommendations, which the Planning Director shall provide to the Board of Supervisors, Township Manager, and any other appropriate Township personnel or professional consultant.
6.
Board of Supervisors Action.
A.
The Board of Supervisors shall act upon the improvement construction
plan application no later than 90 days following the regular monthly
workshop meeting of the Board of Supervisors next following the date
of filing of an administratively complete application; provided, that
should the next said Board of Supervisors workshop meeting occur more
than 30 days following the filing of an administratively complete
application, said ninety-day period shall be measured from the 30th
day following the date of filing of the administratively complete
application.
B.
A letter indicating approval, approval with conditions or disapproval
shall be in writing and shall be communicated to the applicant personally
or mailed to him at his last known address within 15 calendar days
following the Board of Supervisors decision. If the improvement construction
plan application is not approved in terms as filed, the Board of Supervisors
shall specify the defects found in the improvement construction plan
application and cite the requirements of this chapter or other Township
ordinances or statutes that the applicant has not met, in accordance
with the MPC.
C.
The applicant shall accept or reject the conditions attached to the
improvement construction plan approval by giving written notice to
the Planning Director within 30 calendar days of the date of the Board
of Supervisors decision. If the applicant fails to give written notice
to the Planning Director regarding acceptance or rejection of the
conditions attached to the improvement construction plan approval
within the required 30 calendar days, then the conditions shall be
deemed accepted by the applicant.
D.
If the Board of Supervisors approves the improvement construction
plan application subject to certain conditions, then the developer
shall not commence construction of the improvements until all such
conditions are addressed and complied with in a manner acceptable
to the Township and he has received the necessary Township authorization
to commence construction.
7.
Improvement Construction Plan Certificate and Construction Authorization.
After the Board's approval of the improvement construction plan and
the required changes, if any, are made, the applicant shall proceed
to prepare four copies of plans which shall be printed in black ink
on either (i) durable paper and/or (ii) transparent polyester film.
These plans shall be certified in the following manner:
A.
Improvement construction plans shall be presented to the Board of
Supervisors for the signature of the Chairman, or his designee, as
attested by the Township Secretary.
B.
Approval and certification of an improvement construction plan shall
not constitute final plan approval of the proposal, nor shall this
plan be recorded with the Allegheny County Department of Real Estate,
but shall, when combined with the necessary municipal and/or Commonwealth
approvals and permits, grant the authority to install the improvements
required as part of this chapter.
C.
Following the Township's certification of the improvement construction
plan, two copies of the plan will be retained by the Township, one
copy retained by the Township Engineer, and the remaining copy will
be available to the firm which prepared the plan.
D.
Improvement construction plan approval will be effective for a five-year
period from the date of the Board of Supervisors approval of the preliminary
plan. Construction must be completed and a final plan application
must be submitted within five years of the preliminary plan approval
or else the preliminary plan and improvement construction plan approvals
will become null and void.
8.
Completion of Improvements. Upon completion of the improvements required
by this chapter, the applicant may proceed to submit a final application
which shall include notice of approval of the public improvements
by the governmental entity which is to accept any such public improvement.
[Ord. 657, 4/9/2015]
1.
Prior to the granting of final approval, the developer shall either
complete all improvements required by this chapter or deliver to the
Township performance security in the amount of 110% of the cost to
complete all improvements required by this chapter, estimated as of
90 days following the date scheduled for completion by the developer.
Annually, the Township may adjust the amount of the performance 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 calendar 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 performance
security equals said 110%. The additional security shall be posted
by the developer in accordance with this section.
2.
The amount of the required performance security shall be based upon
the following:
A.
For public improvements, the amount of performance security shall
be based on an estimate of the cost of completion of the required
public improvements as shown on the final plat; and,
B.
For private improvements, the amount of the performance security
shall be based on an estimate of the cost of completion of the required
private improvements in accordance with the requirements of this chapter
and the Township Standard Details, such that a developer that constructs
private improvements at a scope, standard or detail greater than that
required by this chapter and the Township Standard Details will not
be required to base the required cost estimate on the greater scope,
standard or detail of such private improvements.
The required estimate of the cost of completion shall be submitted
by the developer and prepared by an engineer and certified by such
engineer to be a fair and reasonable estimate of such cost. The Township,
upon recommendation of the Township Engineer, may refuse to accept
such estimate for good cause shown. If the developer and the Township
are unable to agree upon the estimate, then the estimate shall be
recalculated and re-certified by another engineer chosen mutually
by the Township and the 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 developer.
3.
If the developer requires more than one year from the date of posting
of the performance security to complete the required improvements,
the amount of the performance security may be increased by an additional
10% for each one-year period beyond the first anniversary date from
posting of the performance 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 procedure.
[Ord. 657, 4/9/2015]
1.
Prior to a developer commencing grading or construction activities
related to a subdivision and/or land development, the developer shall
execute a development agreement, in a form acceptable to the Township
Solicitor, containing provisions that are reasonably required to guarantee
compliance with the conditions of approval, if any, and 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 therewith.
2.
A standard form development agreement may be adopted from time to
time by resolution of the Board of Supervisors.
3.
The development agreement shall be executed, the required performance
security shall be posted and all required fees shall be paid to the
Township before the Township Manager shall affix his or her signature
and the Township seal to the final plat for recording purposes.
[Ord. 657, 4/9/2015]
Approval of final plats by the Board of Supervisors shall not
be binding if any county, state or federal agencies find just cause
to disapprove the development. It shall be the developer's responsibility
to obtain all necessary approvals from county, state or federal agencies.
[Ord. 657, 4/9/2015]
1.
Upon approval of a final plat by the Township, 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 Supervisors, following
completion of conditions imposed for such approval, whichever is later,
record such plat in the office of the Allegheny County Department
of Real Estate. The Allegheny County Department of Real Estate shall
not accept any plat for recording unless such plat officially notes:
(A) the approval of the Board of Supervisors or Planning Director,
as appropriate; (B) the review of the County planning agency, or its
designee, and the Township Planning Commission, unless otherwise provided
by this chapter; and (C) the release of the plat for recording by
the Township Manager.
2.
Subject to the limitations of Subsection 3, in the event the plat has not been recorded within the time period required by Subsection 1, the Chairman of the Board of Supervisors, the Chairman of the Planning Commission and the Planning Director are authorized to reinstate the Township's approval for recording upon receiving a report from the Township Engineer that there are no changes in the final plat previously granted approval and that all requirements of this chapter have been met.
3.
Any request for reinstatement of final approval which is submitted
in writing more than 180 days after the date of the delivery of the
approved plat signed by the Board of Supervisors shall require the
developer to resubmit the final application in accordance with the
requirements of this chapter, except that the Board of Supervisors
may waive review by the Planning Commission if the final application
and final plat is the same as originally approved.
4.
Prior to the release of the final plat for recording by the Township Manager, the developer shall provide the Township with a recording deposit, in an amount established from time to time by resolution of the Board of Supervisors, guaranteeing the developer's delivery to the Township of the recorded plans and other documents required by Subsection 5 below.
5.
Upon recording of the final plat in the office of the Allegheny County
Department of Real Estate, the developer shall deliver to the Township
the following:
[Ord. 657, 4/9/2015]
1.
General. Prior to the commencement of any grading or construction
activities, and the Township's acceptance of the dedication of improvements,
the developer shall provide the Township with one electronic version/file
of the Township-approved plans in a Township compatible format.
2.
Digital Document Format Standards. Where this chapter requires the
submittal of electronic version/file of plans in a Township compatible
format, such plans shall comply with the following digital document
format standards:
A.
The digital document and data shall be in a compatible and commonly
readable geographic information system (GIS) data format as subject
to evolving and current technology. Typically, this is a Computer
Aided Design and Drafting (CADD) file or GIS file format, e.g. ASCII
or binary drawing exchange file 'dxf, Autodesk 'dwg', or Intergraph/Bentley
design 'dgn' format.
B.
The submitted digital document and data shall be the exact representation
of the paper document or drawing, and all graphics/drawing/text shall
be easily editable or modifiable for inclusion in the Township GIS
system. This file shall not include any other features that make the
data unusable.
C.
The digital data submitter shall provide a complete list of data
nomenclature such as features names, levels/layers, colors, line types/styles,
and similar software specific details.
D.
Separate layers/levels must exist for each distinct feature used
in the data.
E.
The data submitted in the digital submission shall be consistent
with ground surface measurements as shown on the hard copy of the
original document and mapped digitally in 1:1 units and expressed
in U.S. Survey Feet with a projection of State Plane, NAD83 Pennsylvania
South (Federal Information Processing Standard 3702), as amended.
F.
Often data is submitted in several digital files when dealing with
large developments. These files often have cryptic names that only
the developer or his professional consultant understands. This situation
requires the Township to go through every file to find specific data.
In order to prevent this issue, each digital file submitted to the
Township must be named appropriately to reflect the information that
each file contains (i.e. sewer data in CAD file should be named Sewer.dwg).
The Township may permit a digital data submitter to submit a legend
that identifies which files contain which pertinent information, such
as storm sewer locations, sanitary sewer locations, water line locations,
lot lines and edge of the cartway.
G.
Any changes that are made to the construction drawings during construction
and installation of the improvements shall be drawn on the digital
documents and resubmitted as final as-built plans in the same standards
that are listed above.
H.
The Township may also require the submission of plans and other documents
in a Portable Document Format (PDF).
