Township of Baldwin, PA Part 3 APPROVAL PROCEDURE

§ 22-301 Pre-Application Conference.

[Ord. 424, 12/6/2005, § 301]

Prior to filing an application for preliminary approval, the developer may appear before the Planning Commission for a pre-application conference to discuss the applicable regulations governing subdivision and/or 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.

§ 22-302 Preliminary Application Submission.

[Ord. 424, 12/6/2005, § 302]

1. The applicant shall file 10 copies of an application for preliminary approval to the Township including the form provided by the Township at least 10 working days prior to the regular meeting of the Planning Commission. The preliminary application shall not be considered to be complete and properly filed unless and until all items required by § 22-303 of this chapter, including the application fee, have been received.

2. Upon receipt, the application shall be stamped with the date of receipt by the Township. Upon receipt, copies of the application shall be distributed to each member of the Planning Commission and to the Township Engineer for review. The Township Zoning Officer shall submit one copy of the application to the Allegheny County Planning Department for review and comment within five days of the Planning Commission's acceptance of the application is complete. Copies also may be referred to any other appropriate review agency at the request of the Planning Commission.

§ 22-303 Preliminary Application Content.

[Ord. 424, 12/6/2005, § 303]

1. All Applications. All applications for preliminary approval of a subdivision and/or land development shall include the following:

A. Ten copies of the completed application form supplied by the Township along with a completed Allegheny County Department of Economic Development subdivision and land development application.

B. Application filing fee, as required by § 22-801 of this chapter.

C. Ten copies of a preliminary plat, all drawings on sheets not exceeding 34 inches by 44 inches, containing the following information:

(1) A boundary survey by a registered professional land surveyor and topographical survey of the total proposed subdivision by a registered professional engineer or registered professional land surveyor. If the developer intends to develop a tract of land in phases, the preliminary plat must include the total tract.

(2) The proposed name of the subdivision or land development.

(3) The name, address, certification and seal of the registered engineer or registered surveyor who did the survey shown on the plat.

(4) The name and address of the developer and, if the developer is not the landowner, the name and address of the landowner.

(5) A location map showing the plan name and location; major existing thoroughfares related to the site, including the distance therefrom, title, scale and North point.

(6) The graphic scale, North point and date.

(7) The legend and notes.

(8) The existing platting of land adjacent to the site and all existing sewers, water mains, culverts, petroleum or gas lines and fire hydrants on or within 100 feet of the site shall be shown.

(9) Existing watercourses, wetlands, tree masses and other significant natural features.

(10) Areas subject to periodic flooding, as identified on the current official map for the Township issued by the Federal Insurance Administration.

(11) Contours at intervals of elevation of not more than five feet where the slope is greater than 10% and at intervals of not more than two feet where the slope is 10% or less.

(12) Existing streets and rights-of-way on or adjoining the site, including dedicated widths, roadway widths, approximate gradients, types and widths of pavements, curbs, sidewalks and other pertinent data.

(13) Existing and proposed easements, locations, widths and purposes.

(14) Location, width and approximate grade of all proposed streets, parking areas and loading areas.

(15) The layout of lots (showing scaled dimensions), lot numbers and the area of lots in square feet.

(16) Front building lines.

(17) Parcels of land proposes to be reserved for schools, parks, playgrounds or other public, semi-public or community purposes, if any. Parcels shall be lettered A, B, C, etc., and the area of each parcel in acres shall be shown.

(18) Tabulation of site data, either on the plan or on an 8 1/2 inches by 11 inches sheet of paper attached to the plan, including total acreage of land to be subdivided, the number or residential lots, typical lot size, the acreage in the subdivision or land development and the acreage in any proposed recreation or other public areas.

(19) Proposed Public Improvements. The size of each should be shown and the location of, or distance to, each existing utility indicated.

2. Additional Requirements for Land Developments. For all applications which propose a land development, as defined herein, the following information also shall be required to be submitted as part of the preliminary application:

A. Where evidence exists of undermining, strip mining, land-slide prone soils or other geologic hazards on the site, a geologic report by a qualified registered professional engineer regarding soil and subsurface conditions and the probable measures needed to be considered in the design of the development, the location of structures and the design of foundations, if any.

B. A copy of a report from the U.S. Soil Conservation Service concerning soil conditions and water resources.

C. A soil erosion and sedimentation control plan prepared by a person trained and experienced in control methods and techniques which conforms to the requirements of the Pennsylvania Clean Streams Law and Chapter 102 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection governing erosion control.

D. Traffic report and structural analysis for all applications which propose 50 or more dwelling units, or 30,000 or more square feet of gross floor area of a building or buildings, or any development which according to the Institute of Transportation Engineers (ITE) standards will generate in excess of 450 trips per day, a traffic report prepared by a qualified traffic engineer shall be submitted. A structural analysis of any Township roadways that will be impacted by the proposed development must also be performed. A professional engineer registered in the State of Pennsylvania must perform the analysis and a laboratory that has been certified by the State of Pennsylvania must perform all tests.

(1) The traffic report should contain the following data and information:

(a) General Site Description. A detailed description of the roadway network within 1/2 mile of the site, a description of the proposed land uses, the anticipated stages of construction and the anticipated completion date of the proposed development shall be provided. The description, which may be in the form of a map, shall include the following items:

1) All major intersections.

2) All proposed ingress and egress locations.

3) All existing roadway widths and right-of-way.

4) All existing traffic signals and traffic control devices.

5) Any proposed changes to the roadway network.

(b) Description of existing capacities and levels of service of all streets and intersections within 1,000 feet of the site.

(c) A determination detailing the nature and extent of trip generation expected to result from the proposed development based on the ratios and methodology contained in the current edition of the manuals of the Institute of Transportation Engineers (ITE).

(d) The projected capacities and levels of service and impact of the proposed development on existing roadways and intersections within 1,000 feet of the site.

(2) The applicant wishing to utilize existing Township roads for any activity in which there exits the possibility of creating excessive traffic volumes and/or heavy loads, which in the opinion of the Township's Engineer, may exceed the roads present load-bearing capacity will be subject to the following minimum procedures.

To determine the load bearing capacity of existing roads the Township may impose any or all of the following requirements on to the applicant. All costs of said requirements would be the responsibility of the applicant.

(a) Highway Capacity Analysis. The applicant will be required to perform a capacity study that determines the amount of traffic, its frequency and timing, axle weights, and types of vehicles. A professional engineer registered in the State of Pennsylvania must perform the capacity analysis. The report must be stamped and signed by the engineer.

(b) Material Strength Tests (Laboratory Analysis).

1) California bearing ratio for measurement of subgrade strength.

2) Measure the depth and determine the type of subbase aggregates. Establish and assign the structural coefficient rating number.

3) Measure the depth and determine the type of bituminous base course. Establish and assign the structural coefficient rating number.

4) Measure the depth and determine the type of bituminous wearing course. Establish and assign the structural coefficient rating number.

5) Perform the "gradation and/or extraction" tests on bituminous materials when required.

6) Calculate the "construction number" based on the results of the above-referenced tests.

7) Compare the "construction number" with the findings presented in the highway capacity study to determine if sufficient strength exists to support the proposed traffic volumes and axle loads.

8) A laboratory that has been certified by the State of Pennsylvania must perform all tests. The report verifying the construction number must be stamped and signed by the engineer.

(3) Baldwin Township may require a traffic study and/or structural analysis for developments where the development does not exceed 50 or more dwelling units, or 30,000 or more square feet of gross floor area of a building or buildings, or any development which according to the Institute of Transportation Engineers (ITE) standards will generate in excess of 450 trips per day, in cases where known deficient level of services based on Pennsylvania Department of Transportation and Township standards exist or engineering deficiencies exist in the area of the proposed development that would place a constraint on traffic volumes.

E. For all applications which propose 100 or more dwelling units or 100,000 or more square feet of gross floor area of a building or buildings, a report prepared by a registered engineer shall be submitted evaluating the impact of the development on existing off site public facilities and utilities including, but not limited to, storm sewers, water supply systems, parks and schools.

F. A landscaping plan showing compliance with all applicable buffer area and landscaping requirements of the Township Zoning Ordinance [Chapter 27].

G. Nine copies of a land development plan, as defined by this chapter, which includes the following information:

(1) The zoning classification of the area to be subdivided and/or developed.

(2) The proposed use, location, area, height and bulk of all existing and proposed structures and dimensions of all yards.

(3) The layout of parking area and a computation of the number of parking spaces to be provided.

(4) Patterns of pedestrian and vehicular circulation on the site, ingress, egress and circulation into and out of site.

(5) Location, size and specifications for private improvements such as curbs, sidewalks, driveways, parking areas, landscaping strips or planters, wheel-stops and the like.

(6) Location and specifications for lighting of parking areas and walkways.

(7) The location and types of proposed landscaping materials.

(8) Dates of preparation and dates of all revisions to the plan.

(9) Name of the registered architect, landscape architect or professional engineer who prepared the plan.

§ 22-304 Preliminary Application Approval.

[Ord. 424, 12/6/2005, § 304]

1. Planning Commission Recommendation. At the first regular meeting of the Planning Commission after the date of filing of a preliminary application, the Planning Commission shall either accept the application as properly filed or return the application to the applicant for resubmission if the application is incomplete or improperly filed. The acceptance of the application or return of the application by the Planning Commission shall be in writing. If the application is returned as incomplete, the written notice shall cite the specific requirements of this chapter which have not been met.

A. The date of the Planning Commission meeting at which the preliminary application is accepted as complete and properly filed shall be the official filing date of application and shall represent the beginning of the sixty-day period for Planning Commission review and action on the application.

B. The Township Engineer shall present a written report at the Planning Commission meeting which states whether an application complies with the requirements of this chapter and that report shall be included in the minutes at the Planning Commission meeting. The Planning Commission shall not make a recommendation on the application until the report of the Township Engineer has been received.

C. Within 60 days of the official date of filing of the preliminary application, the Planning Commission shall make a written recommendation to the Board of Commissioners for approval, approval with conditions or disapproval of the preliminary application. The Planning Commission shall not make its recommendation until the review has been received from the Allegheny County Planning Department or until 30 days has passed since the date that the completed and accepted application was submitted to the County for review. 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.

2. Board of Commissioners Action. Within 90 days of the official date of filing of the preliminary application, the Board of Commissioners shall either approve, approve with conditions or disapprove the preliminary application at a public meeting. The recommendation of the Planning Commission and the Planning Commission minutes containing the report of the Township Engineer shall be made a part of the record at the meeting.

A. A letter indicating approval, approval with the conditions or disapproval shall be sent to the applicant by regular mail within 15 days of the date of the decision. If the preliminary application is not approved, the Board of Commissioners shall specify the defects found in the preliminary application and cite the requirements of this chapter which have not been met.

3. Conditional Approval. If the Board of Commissioners determines that certain conditions are warranted to be attached to preliminary approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by Subsection 2 of this section. The applicant shall accept or reject the conditions attached to preliminary approval by giving written notice to the Township Secretary within 30 days of the date of the meeting of the Board of Commissioners at which preliminary approval is granted. If the applicant fails to give written notice to the Township regarding acceptance or rejection of the conditions attached to preliminary approval within the required 30 days, preliminary approval shall automatically be rescinded without written notice to the applicant.

4. Deemed Approval. Failure of the Board of Commissioners to render a decision and communicate it to the applicant within the time and in the manner prescribed by this chapter shall be deemed an approval of the application in the 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.

5. Expiration of Preliminary Approval. Preliminary approval shall expire five years from the date of the grant of preliminary approval by the Board of Commissioners, unless a written request for an extension is submitted by the applicant and approved by the Board of Commissioners. Any request for extension shall be submitted to the Board of Commissioners at least 30 days prior to the prevailing expiration date. Extensions may be granted for one or more six-month periods upon a finding by the Board of Commissioners that such extension is warranted.

6. In the case of a phased development, calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the applicant with the preliminary application delineating all proposed phases, as well as time deadlines by which applications for final plat approval of each phase are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary or preliminary approval until final plat approval of the final phase has been granted. Any modification in the aforesaid schedule shall be subject to approval by the Board of Commissioners in its sole discretion.

§ 22-305 Final Application Submission.

[Ord. 424, 12/6/2005, § 305]

1. General Procedure. After a preliminary application has been approved by the Board of Commissioners, the developer may proceed by filing either of the following types of applications:

A. A final application without final plat approval, where upon required improvements are installed prior to a request for final plat approval.

B. A final application, including final plat approval, together with the completion bond to guarantee proper installation of required improvements in the plan.

C. In either case, the applicant shall submit nine copies of the final application to the Township, including the form provided by the Township, at least 10 working days prior to the regular meeting of the Planning Commission. A copy of the approved preliminary plan shall accompany the final application.

D. Upon receipt, the application shall be stamped with the date of receipt by the Township. Upon receipt, copies of the application shall be distributed to the Township Engineer, members of the Planning Commission and the Chairman of the Board of Commissioners.

2. Final Application Including Final Plat Approval. A final application shall not be considered to be complete and properly filed unless and until all items required by § 22-306 of this chapter, including the application fee, have been received.

3. Final Application Without Final Plat Approval. In the case of a final application which does not include final plat approval, the completion bond required by § 22-306.E shall not be required; however, all other materials required to complete a final application, including the final plat required by § 22-306.G, shall be submitted. The application filing fee shall be submitted at the time of filing the final application without plat approval and additional application filing fees shall not be charged at the time of the request for final plat approval, if the request for final plat approval is submitted within 12 months of the date of submission of the final application without plat approval. However, application review fees shall be charged both at the time of filing of the final application and at the time of submission of the final plat in accordance with the requirements of § 22-801 of this chapter.

§ 22-306 Final Application Content.

[Ord. 424, 12/6/2005, § 306]

1. All applications for final approval of a subdivision and/or land development shall include the following:

A. Ten copies of the completed application form supplied by the Township, along with a completed Allegheny County Department of Economic Development subdivision and land development application if the final application contains changes from the approved preliminary application.

B. Application filing fee, as required by § 22-801 of this chapter.

C. One copy of the approved preliminary plat.

D. Construction plans for public improvements prepared by a registered professional engineer drawn on sheets measuring 24 inches by 36 inches showing the following:

(1) Conformity with the design standards specified in Part 6 of this chapter and in the Township Construction Standards.

(2) Street plan and profile of each street in the plan, including the terminus of all streets in the plan and any area beyond the limits of the plan where grading is proposed to construct the street. Street plan and profile drawings shall include all drainage easements over property, location of catch basins, inlets, manholes, headwalls and endwalls of the stormwater system. Top and invert elevations shall be shown along with the pipe size. Profile of storm pipes shall show any crossing sanitary sewer lines and may be placed on a separate drawing. Lot lines and lot numbers shall be included in the street plan view.

(3) At least three cross-sections at intervals not to exceed 100 feet and extending 50 feet on each side of the street centerline or 25 feet outside of the street right-of-way, whichever is greater.

(4) Sanitary sewer plan and profile drawing which shall include lot lines and lot numbers on the plan view. The location of the sanitary sewers, manholes and location of each "wye" proposed for installation shall be shown. The grade line, distance and pipe size of each line shall be indicated on the plan and profile. The top and invert elevation of each manhole plus pipe invert grades at fifty-foot intervals shall be provided.

(5) All construction drawings shall be prepared according to acceptable engineering standards and with the Construction Standards and in accordance with the standard sanitary and storm sewer details available from the Township.

E. Completion Bond to guarantee proper installation of public improvements as required by § 22-310 of this chapter, except in the case of final applications without final plat approval, as provided for in § 22-305.3 of this chapter.

F. Final covenants and restrictions applicable to the plan, if any.

G. Ten copies of the final plat in accurate and final form for recording which clearly delineates the following:

(1) The name of the subdivision or land development.

(2) The name and address of the developer, and, if the developer is not the landowner, the name and address of the landowner.

(3) The name, address, certification and seal of the registered land surveyor who prepared the plat.

(4) The North point, graphic scale and date.

(5) Accurate boundary lines, with dimensions and bearings.

(6) Accurate locations of all existing and recorded streets intersecting the boundaries of the tract of land described in the final plat.

(7) Lot numbers and dimensions.

(8) Final building lines.

(9) Easements for public improvements and any limitations on such easements.

(10) Dimensions and bearings of any property to be reserved for public, semipublic or community use.

(11) Street names.

(12) Complete curve data for all curves included in the final plat, including radius, arc length, chord bearing and chord distance. Lines which join these curves that are nonradial or nontangential should be so noted.

(13) Street lines with accurate dimensions in feet and hundredths of feet.

(14) If applicable, a notation on the plat that access to a State highway shall only be authorized by a highway occupancy permit issued by the Pennsylvania Department of Transportation under § 420 of the State Highway Law, P.L. 1242, No. 428, June 1, 1945.

(15) Location, type and size of all monuments and lot markers in accordance with the standards and requirements of § 22-501 of this chapter and the Allegheny County Department of Economic Development (ACED) and in indication of whether they were found or set.

(16) Certification clauses required by the Allegheny County Subdivision and Land Development Regulations.

§ 22-307 Final Application Approval.

[Ord. 424, 12/6/2005, § 307]

1. Final Applications Including Final Plat Approval. At the first regular meeting of the Planning Commission after the date of filing of a final application, the Planning Commission shall either accept the application as properly filed or return the application to the applicant for resubmission if the application is incomplete or improperly filed. The acceptance of the application or return of the application by the Planning Commission shall be in writing. If the application is returned as incomplete, the written notice shall cite the specific requirements of this chapter which have not been met.

A. The date of the Planning Commission meeting at which the final application is accepted as complete and properly filed shall be the official filing date for the application and shall represent the beginning of the thirty-day period for Planning Commission review and action on the application.

B. The Township Engineer shall present a written report at the Planning Commission meeting which states whether the application complies with the requirements of this chapter and that report shall be included in the minutes of the Planning Commission meeting. The Planning Commission shall not make a recommendation on the application until the report of the Township Engineer has been received.

C. Within 60 days of the official date of filing of the application, the Planning Commission shall make a recommendation, in writing, to the Board of Commissioners for approval or disapproval of the final application. 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.

D. Within 90 days of the official date of filing of the application, the Board of Commissioners shall either approve, approve with conditions or disapprove the final application at a public meeting. The Planning Commission's recommendation and the Planning Commission minutes containing the report of the Township Engineer shall be made a part of the record at that meeting.

E. A letter indicating approval, approval with conditions or disapproval shall be sent to the applicant by regular mail within 15 days of the date of the decision. If the final application is not approved, the Board of Commissioners shall specify the defects in the final application and cite the requirements of this chapter which have not been met.

2. Conditional Approval. If the Board of Commissioners determines that certain conditions are warranted to be attached to final approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by Subsection 1 of this section. The applicant shall accept or reject the conditions attached to final approval either by giving written notice to the Township Secretary or by executing the development agreement required by § 22-310 of this chapter within 30 days of the date of the meeting of the Board of Commissioners at which final approval is granted. If the applicant fails to give written notice to the Township regarding acceptance or rejection of the conditions attached to final approval or execute the development agreement within the required 30 days, final approval shall automatically be rescinded without written notice to the applicant.

3. Final Applications Without Final Plat Approval. Final applications without final plat approval shall be approved or disapproved in accordance with the procedures specified in Subsection 1 for final applications including final plat approval. If the developer's final application without final plat approval has been approved and the developer has obtained all necessary permits and approvals from the Township and County, State or Federal agencies, if any are required, the developer may proceed to construct improvements as indicated in the final application 72 hours after the developer has notified the Township Engineer by certified mail. The Township Engineer shall then authorize the progress inspections required by § 22-401 of this chapter. The installation of all improvements shall be subject to the progress inspections required by § 22-401.

4. Final Plat Approval After Completion of Improvements. Upon completion of the improvements contained in the final application, the developer shall notify the Township, in writing, of the completion and shall submit five copies of final plat, as required by § 22-306.G of this chapter, with the notice of completion. Within 10 days of the receipt of the notice of completion and submission of the final plat the Board of Commissioners shall authorize the Township Engineer to inspect the improvements and review the final plat to determine whether the final plat is in conformance with the previously approved final application and all applicable requirements of this chapter and whether the proper officers of the Township can affix their signatures to the final plat for recording purposes.

A. Within 30 days of receiving such authorization, the Township Engineer shall report to the Board of Commissioners, in writing, whether the completed improvements comply with the requirements of this chapter and the Township Construction Standards and whether the final plat complies with all applicable requirements of this chapter. The Township Engineer's report shall indicate approval or rejection of the improvements, either in whole or in part, and, in the case of rejection, shall contain a statement of reasons for such rejection.

B. Within 45 days of receipt of the notice of completion of improvements, the Board of Commissioners shall notify the developer, in writing, by certified or registered mail, of the approval or rejection of the improvements. Acceptance of the improvements shall be in accordance with the requirements of § 22-405 of this chapter and shall be further subject to the posting of the maintenance bond required by § 22-406 of this chapter.

C. Within 45 days of the submission of the final plat, the Board of Commissioners shall either approve or disapprove the final plat for recording purposes at a public meeting. The Township Engineer's written report shall be made a part of the record at the meeting. A letter indicating approval or disapproval shall be sent to the developer by regular mail within 15 days of the date of the decision. If the final plat is not approved, the Board of Commissioners shall specify the defects found in the final plat and shall cite the requirements of this chapter, which have not been met.

5. Deemed Approval. Failure of the Board of Commissioners to render a decision and communicate it to the applicant within the time and in the manner prescribed by this chapter shall be deemed an approval of the application in the terms as presented, unless the applicant had 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.

6. Phased Approval. 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 Section or phases of development, subject to such requirements or guarantees for 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.

A. All Sections or phases shall 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 shall require complete resubmission of the preliminary application in accordance with §§ 22-302, 22-303 and 22-304 of this chapter.

§ 22-308 The Mediation Option.

[Ord. 424, 12/6/2005, § 308]

1. The Township Commissioners may offer the mediation option as an aid in completing the proceedings authorized by this Part. Mediation shall supplement, not replace, those procedures in this Part once they have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting Township police powers or as modifying any principles of substantive law.

2. Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. In offering the mediation option, the Board of Commissioners shall assure that in each case, the mediating parties, assisted by the mediator as appropriate, develop terms and conditions for:

A. Funding mediation.

B. Selecting a mediator who, at a minimum, shall have a working knowledge of municipal zoning and subdivision procedures and demonstrated skills in mediation.

C. Completing mediation, including time limits for such completion.

D. Suspending time limits otherwise authorized in this chapter or in the Pennsylvania Municipalities Planning Code (Act 247, as amended), provided there is written consent by the mediating parties, and by an applicant or the Board of Commissioners, if either is not a party to the mediation.

E. Identifying all parties and affording them the opportunity to participate.

F. Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.

G. Assuring that mediated solutions are in writing and signed by the parties, and become subject to review and approval by the Board of Commissioners pursuant to the procedures for approval set fourth in this Part.

3. No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.

§ 22-309 Resolution Indicating Approval.

[Ord. 424, 12/6/2005, § 309]

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 shall not be signed nor recorded until the completion bond and development agreement is executed. The resolution shall expire and be deemed to be revoked if the completion bond and development agreement is not executed within 90 days, unless a written extension is granted by the Board of Commissioners. Such extension shall not be unreasonable withheld and shall be placed in writing at the request of the developer.

§ 22-310 Posting of Completion Bond.

[Ord. 424, 12/6/2005, § 310]

1. In lieu of the completion of any improvement required prior to and as a condition for final approval of a plat, the applicant shall deposit a completion bond, as defined by this chapter, in favor of the Township, in an amount equal to 110% of the cost of completion of the improvements estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Township may adjust the amount of the completion bond 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 90th 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 completion bond equals said 110%. Any additional security shall be posted by the developer in accordance with this subsection.

2. The amount of the completion bond required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by an engineer 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 re-certified by another engineer 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.

3. If the party posting the completion bond requires more than one year from the date of posting of the completion bond to complete the required improvements, the amount of the completion bond may be increased by an additional 10% for each one-year period beyond the first anniversary date from posting of the completion bond or to an amount not exceeding 110% of the cost of completing the required improvements as re-established on or about the expiration of the preceding one-year period by using the above procedure.

§ 22-311 Development Agreement.

[Ord. 424, 12/6/2005, § 311]

1. As a condition of granting final approval of a subdivision or land development that requires the installation of public improvements or to which conditions are attached to the grant of final approval, the Board of Commissioners shall require that the developer execute a development agreement with the Township, in a form acceptable to the Township Solicitor, containing any conditions attached to the approval of the plan and provisions that are reasonably necessary 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. Said agreement shall be executed, the required completion bond shall be posted and all required fees shall be paid before the Township Secretary shall affix his or her signature and the Township seal to the final plat for recording purposes.

§ 22-312 Recording of Final Plat.

[Ord. 424, 12/6/2005, § 312]

1. Upon approval of a final plat by the Township, the developer shall within 90 days of such final approval or 90 days after delivery of an approved plat signed by the Township, following completion of conditions imposed for such approval, whichever is later, record such plat in the Recorder of Deeds of Allegheny County, which plat shall before recordation include an official notation of the Township's approval and the County Planning Agency's approval of the plat.

§ 22-313 Filing of Copies.

[Ord. 424, 12/6/2005, § 313]

Upon recording of the final plat in the office of the County Recorder of Deeds, the developer shall deliver to the Township a mylar and one paper print of the plat as recorded, containing all required signatures and dates of approval along with a digital copy of the recorded plan.