Whenever a subdivision of land or land development is desired to be affected in the Township, a plan of the layout of such subdivision or land development shall be prepared, filed, and processed according to the requirements of this chapter as follows.
Applications for subdivision or land development shall be classified based upon the following criteria and definitions and shall be processed according to the provisions contained within this section.
A.
Preliminary and final approval. The applicant shall be required to submit a preliminary plan application for all projects categorized as a major subdivision unless the applicant elects to combine the preliminary and final approval procedures for one approval process by meeting submission requirements for both based upon the review of this submission, the Planning Commission may recommend final approval, provided that the application meets all the prescribed requirements of this section for granting of such approval.
B.
Fast track approval process. Certain subdivision and land development applications, see §§ 174-202E(3), are eligible for a fast-track approval process.
1.
Said applications shall bypass the Planning Commission and go directly to the Board for approval.
(a)
The following subdivisions are eligible for fast-track approval:
(i)
A lot (lots) consolidation (reverse subdivision).
(ii)
A subdivision involving a lot line change between two existing lots that will result in only two lots, where all lots lie within the same zoning district, where the resulting lots conform to Chapter 208, Zoning, requirements in terms of minimum lot size and setbacks, and where the size of no lot increases or decreases by more than the minimum lot size of the respective zoning district in which it is situated.
(iii)
A subdivision illustrating as-built utility easements or changes to any utility, sanitary sewer, storm sewer easement that does not result in any changes to open space, road placement, or lot configuration/sizes.
(iv)
The final subdivision of dwelling unit lots, whether condominium or townhouse construction, the finalization of which relies on as-built surveys and results in no material change. Each newly formed lot must conform to the bulk and area requirements of the zoning district in which it is situated.
(b)
The following land developments are eligible for fast-track approval:
(i)
An addition that is 1,000 square feet or less than or equal to 10% of the principal structure shown on the most recent site plan approved by the Board, whichever is less.
(ii)
Expansion of a parking lot that is 10% or less than the parking approved through the last land development approved by the Board, where no change is proposed in terms of site access and circulation.
(iii)
Revisions to the landscaping or site plan approved by the Board.
2.
No application is eligible for fast-track approval if it is involved in a conditional use, does not meet the requirements of Chapter 208, Zoning, of this Code, or requires a variance from the Township Zoning Hearing Board.
3.
When filing the application, the applicant must specify that the applicant is filing for a fast-track approval.
4.
The Planning Director shall have exclusive discretion to decide whether an application is eligible for fast-track approval. If the application is not eligible for fast-track approval, it will be forwarded to the Planning Commission for consideration in accordance with the otherwise applicable requirements of this chapter.
5.
Application and filing requirements. All application and filing requirements of in this chapter are applicable.
B.
A preapplication conference shall be held with Township staff and/or the Township Engineer.
C.
The applicant shall have prepared a concept plan which shall include the following:
1.
Name and address of the legal owner, the equitable owner, and/or the applicant;
2.
Name and address for the person responsible for preparing the plan;
3.
North arrow;
4.
Approximate tract boundaries, provided in sufficient detail to locate the subject tract(s) on a map of the Township;
5.
Location map;
6.
Applicable zoning district(s);
7.
Streets on and adjacent to the tract;
8.
Approximately 100-year floodplain limits;
9.
Existing resources and site conditions. Topographic, physical, and cultural features including soil types, wooded areas, ditches, drains, dumps, storage tanks, ponds, streams within 200 feet of the tract, and existing rights-of-way and easements; cultural features such as all structures, foundations, walls, wells, trails, and abandoned Streets; and
10.
Proposed methods of water supply, sewage disposal, and stormwater management.
E.
Due to the informal nature of the preapplication conference, the applicant or the Township shall not be bound by any discussions at the preapplication conference.
A.
The applicant shall submit to the Township Planning Director or their designee the appropriate filing fees and correct number of physical copies of the plan and one electronic (PDF) copy of the proposed subdivision or land development and other required data and maps. The preliminary plan shall be submitted not less than 21 calendar days prior to the regular meeting of the Planning Commission at which consideration is desired. The applicant shall submit concurrently, with the preliminary plan, one physical and one electronic copy of the Sewage Plan Revision Module for land development, and other required reports, if applicable.
B.
Action on preliminary plan.
1.
Upon filing of the preliminary plan with the Township, the Township Planning Director shall determine it for completeness. Once the application has been determined complete and satisfies the requirements under § 174-205, the Planning Director, within seven business days, shall forward a copy with the appropriate review fee to the County Planning Agency and to the Township Engineer and may, as appropriate, forward copies to affected public utilities, school district, county conservation district, fire departments, emergency response agencies and other governmental agencies for review and report to the Township.
2.
The Board, upon the recommendation of the Planning Commission, shall act on any such preliminary plan and communicate its decision to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission (whichever first reviews the application) following the date the application is filed. Should the next regular meeting of the Planning Commission occur more than 30 days following the filing of the application with the Board, said 90-day period shall be measured from the 30th day following the day the application has been filed with the Township.
3.
In the event that any modification of requirements from this chapter is requested by the applicant or is deemed necessary for approval in accordance with § 174-110 of this chapter, the modification request, the provision(s) involved, the hardship upon which the requirement is based and the minimum modification necessary shall be entered in the records of the Planning Commission and/or Board.
4.
Before taking final action on any submitted preliminary plan, the Township Planning Director or their designee shall submit copies of the preliminary plan and accompanying data to the Township Engineer, who shall advise the Board and the Planning Commission as to the suitability of all engineering details and specifications as per this chapter.
C.
The Board shall approve, approve with conditions, or disapprove the preliminary plan application. The decision of the Board shall be in writing and shall be communicated to the applicant personally or mailed to such applicant at their last known address not later than 15 calendar days following the decision. If the preliminary plan is approved with conditions, the applicant shall respond to the Board indicating acceptance or rejection of such conditions. Such response shall be in writing, signed by the applicant, and shall be received by the Township Planning Director or their designee within 20 calendar days of receipt by the applicant of the Board’s decision to approve the preliminary plan with conditions. Approval of the preliminary plan shall be rescinded automatically upon the applicant’s failure to accept or reject such conditions in the manner and within the timeframe noted above.
D.
Before acting on any subdivision plan, the Board may hold a public hearing thereon after proper public notice.
E.
When the application is not approved in terms as filed, the decision shall specify the defects found in the application and shall, in each case, cite the applicable provisions of this chapter.
F.
All conditional use issues shall be identified, hearing applied for and hearing held before the Board concurrently with review of the preliminary plan by the Planning Commission.
G.
Approval of the preliminary plan constitutes approval of the proposed subdivision or land development with respect to the general design, the approximate dimensions and other planned features. Preliminary approval binds the developer to the general scheme of the plan as approved and any conditions thereof. Preliminary approval does not authorize the recording, sale or transfer of lots.
A.
The preliminary plan shall be submitted and processed as required by § 174-204, Preliminary plan procedure, and contain the following data and plan specifications:
1.
Physical copies of the plan and one electronic (PDF) copy shall be prepared by a professional land surveyor or professional engineer on sheets 24 inches by 36 inches and 11 inches by 17 inches. Clearly labeled "Preliminary Plan." The number of copies shall be as determined by the Township Planning Director.
2.
The preliminary plan shall be submitted containing the following information:
(a)
A separate drawing titled "Existing Conditions," depicting the outline of the property from which the lot or lots are being subdivided at a minimum scale of one inch equals 400 feet.
(b)
A location map, taken from the Township Zoning Map, on the plan having a minimum scale one inch equals 1,200 feet titled "Location Map," showing property location, streets and other pertinent information, in sufficient detail to adequately identify the property location.
(c)
If applicable, a separate drawing having a minimum scale of one inch equals 50 feet horizontal and one inch equals five feet vertical titled "driveway profile," depicting the driveway profile, drainage conditions and entry to the street.
(d)
The subdivision and/or land development plan. A separate drawing of the proposed lot(s) having a minimum scale one inch equals 50 feet, with lot area, lot number, proposed lot dimensions, proposed lot lines, existing street right-of-way, dedicated right-of-way, proposed street name and number and front yard setback lines.
(e)
The subdivision plan or land development plan shall show the following information if phasing of the development and improvements is proposed:
(i)
Reference outlining and/or indicating all lots in each phase.
(ii)
Each phase, except the last phase, must contain a minimum of 25% of the total number of lots or dwelling units.
(iii)
A schedule indicating the intended deadlines for filing a final plan for each phase. The schedule shall be updated annually by the applicant or before the anniversary date of the preliminary plan approval, until final approval of the final phase is granted. Schedule modifications shall be subject to the approval of the Board.
(f)
Location of any proposed site improvements such as curbs, sidewalks, street trees, fire hydrants and, when the proposed development includes other than individual residences, the type of land use and the location of structures and parking facilities. This shall also identify the location of and proposed connections to public sidewalks, trails, parks, bikeways, and rights-of-way.
(g)
The development or property name.
(h)
The zoning district(s) in which the site is located.
(i)
The proposed land use and purpose for which sites, other than residential lots or parcels within unit, cooperative or condominium subdivisions are dedicated or reserved.
(j)
Date of plan preparation.
(k)
The adjacent landowners' names, addresses and parcel numbers.
(l)
Reference to recorded subdivision plans of adjoining platted land by record name, date, and number.
(m)
Tax parcel number.
(n)
North arrow and scale for all drawings or maps.
(o)
Name, address, telephone number, and e-mail address of the owner or applicant.
(p)
Name, address, telephone number, e-mail address and seal of the professional engineer certifying engineering aspects and the professional land surveyor certifying the accuracy of the plan survey (as defined herein).
(q)
Certification of ownership and dedicatory statement signed by the owner.
(r)
Notary public and recording statement.
(s)
Approval blocks to be signed by the Planning Commission and the Board.
(t)
Location of existing buildings, streets, septic system(s), stormwater facilities, culverts, fire hydrants, sanitary sewers, well(s) and other significant man-made features located on or adjacent to the proposed lots.
(u)
Existing natural features such as alluvial soils, floodplain (100-year flood elevations), rock outcrops, steep slopes delineated for 15% – 25% and over 25%, and wooded areas, watercourses, wetlands delineated in accordance with § 174-309 of this chapter, and other natural features.
(v)
Location and description of survey monuments shown on the plan.
(w)
The primary control point.
(x)
Proposed protective covenants running with the land, if any.
(y)
Existing public or private easements, such as but not limited to utility, stormwater, erosion control, access, conservation, and the location of any public utilities.
(z)
An indication of the general location of proposed water mains, sanitary sewers and stormwater catch basins and lines. The preliminary size of each line should be shown as well as the locations of or distances to any existing line to be connected to, with the size of such existing lines indicated.
(aa)
The source of the proposed water supply should be identified; location of proposed wells.
(bb)
Approved percolation and probe sites when on-site facilities are planned.
(cc)
Existing contours and proposed grading plan in compliance with Chapter 88, Grading, Excavating, and Fill, of the Township Code, drawn at vertical intervals of two feet, except in areas where the slope is greater than 15%, in which case the contour interval shall be five feet.
(ee)
Modifications of requirements shall be submitted, in writing, at time of submission indicating the applicable section(s) of this chapter, the subject of modifications requested, and reasons for the undue hardship.
(ff)
Such other data as may be required by the Planning Commission, Board, Township Planning Director, and Township Engineer in the enforcement of this chapter.
3.
The preliminary plan shall also be accompanied by the following ancillary data, as applicable, and may be approved as a condition upon the applicant's written acceptance of the condition(s):
(a)
Preliminary stormwater management plan as specified in Chapter 165, Stormwater Management, of the Township Code (except for minor subdivisions).
(b)
Preliminary erosion and sedimentation plan as specified in Chapter 165, Stormwater Management, of the Township Code (except for minor subdivisions).
(c)
Applicable state highway occupancy permits.
(i)
Where the proposed subdivision or land development abuts a state highway (Pennsylvania Route or United States Route), the application shall begin preparation of a highway occupancy permit to be submitted to the Pennsylvania Department of Transportation (PennDOT) for review.
(d)
Township roadway occupancy permits. Where the proposed subdivision or land development abuts a Township street, the applicant should verify that property sight distance is available for each proposed lot in accordance with § 174-304 of this chapter.
(e)
When any portion of the tract proposed for subdivision or land development is located within an identified Floodplain (FP) overlay district or floodplain area, the information required in § 174-303 of this chapter shall be provided as part of the preliminary plan and shall be prepared by a professional land surveyor or professional engineer.
(f)
General plans for drainage and stormwater management which may include but not be limited to the collection, detention or retention of runoff of surface water and its outfall, together with design analyses and other supporting data for the Township Engineer's review. (See Article 400 of this chapter.)
(g)
Water service. If water is to be provided by means than by the individual owners of lots within the subdivision, the developer shall present evidence that the subdivision is to be supplied by a certificated public utility, a bona fide cooperative association of lot owners or by a municipal corporation, authority or utility.
(i)
Total acreage, number of lots, minimum lot areas, density, use of land, and setback lines in tabular form. The applicant shall be required to delineate the various phased sections (if applicable) and sequence of final plan submissions.
(j)
Parcels of land intended to be dedicated or reserved for schools, parks, playgrounds, parking areas, common open space or other public, semipublic or community purposes.
(l)
If public sewers are proposed, a certification letter from the applicable municipal sewer authority indicating that there is sufficient capacity available for the subdivision or land development.
A.
The applicant shall, not later than one year after the date of approval of the preliminary plan for that portion intended to be developed, file with the Township Planning Director or designee a final plan. Such filing shall include, as part of the formal submission, all the material and other ancillary data required under the final plan specifications as listed in § 174-207 of this chapter. Failure to comply with the time limitation herein provided shall render the approval of the preliminary plan null and void.
B.
The final plan shall incorporate all the changes and modifications required by the Board; otherwise, it shall conform to the approved preliminary plan, and it may constitute only that portion of the approved preliminary plan which the applicant proposes to record and develop at the time, provided that such portion conforms with all of the requirements of this chapter and the phasing requirements of the MPC.
C.
All required common open space to be dedicated by the subdivision must be included within the first phase of the plan.
D.
The applicant shall submit to the Township Planning Director the appropriate filing fees and the required number of physical copies of the final plan and one electronic (PDF) copy shall be prepared by a professional land surveyor or professional engineer on sheets at a minimum size of 17 inches by 11 inches and no larger than 24 inches by 34 inches clearly labeled "final plan."
E.
The final plan shall be submitted to the Township Planning Director not less than 21 calendar days prior to the regular meeting of the Planning Commission at which consideration is desired. The applicant shall submit concurrently, with the final plan, and one physical and one electronic copy of the Sewage Plan Revision Module for land development, and other required reports, as applicable. Upon receipt of the completed plan, the Township Planning Director shall forward a copy of the plan to the County Planning Agency and shall likewise forward a digital copy to the Township Engineer and may, as appropriate, forward a digital copy to affected public utilities and municipal sewer authorities, school districts, fire departments, emergency response agencies and other public agencies for review and report to the Township.
F.
Completion of improvements or guaranty thereof prerequisite to final plan approval shall be in accordance with Article 200 of this chapter.
G.
Before acting on any subdivision plan the Board may hold a public hearing thereon after public notice.
H.
The Board, upon the recommendation of the Planning Commission, shall act on any such final plan and communicate its decision to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission (whichever first reviews the application) following the date the application is filed. Should the next regular meeting of the Planning Commission occur more than 30 days following the filing of the application with the Board, said 90-day period shall be measured from the 30th day following the day the application has been filed with the Township.
I.
The Board shall approve, approve with conditions or disapprove the final plan shall be approved, approved with conditions acceptable to the applicant or disapproved. The decision of the Board shall be in writing and shall be communicated to the applicant personally or mailed to such applicant at their last known address not later than 15 calendar days following the decision. If the final plan is approved with conditions, the applicant shall respond to the Board indicating acceptance or rejection of such conditions. Such response shall be in writing, signed by the applicant, and be received by the Township Planning Director or their designee within 20 calendar days of receipt by the applicant of the Boards' decision to approve the final plan with conditions. Approval of the final plan shall be rescinded automatically upon the applicant's failure to accept or reject such conditions in the manner and within the time frame noted above.
J.
No changes, erasures, modifications or revisions shall be made on any final plan after approval has been given by the Board and endorsed in writing on the plan, unless the plan is first resubmitted to the Board.
K.
Substantial revisions to an approved subdivision or land development plan shall require resubmission of the plan to the Planning Commission and Board for review. Any increase in number of lots, decrease in lot sizes of more than 10%, relocation of streets, decrease in open space, and other basic design features constitute substantial revisions. Other substantial revisions shall be determined by the Board with recommendation of the Planning Commission.
L.
Recordation of approved plan; digital submission requirements. Within 90 calendar days after the date of approval of a final plan by the Board and upon all conditions being met, the applicant shall record the approved final plan in the County Department of Real Estate and return a digital submission and one paper copy of the plan to the Township for its records, with the instrument number and date recorded indicated on the plan.
1.
Digital submission requirements. All plans and as-built drawings submitted digitally shall meet the following standards:
(a)
All data submitted shall comply with the Manual of Practice for professional land surveyors in the commonwealth.
(b)
All digital files submitted shall be based on accurate geometric calculations.
(c)
Digital submissions shall have all layers clearly and separately represented. Included with all digital submissions, a metadata file shall be included outlining the following:
2.
All plans must be in Pennsylvania State Plane Coordinate System South Zone, utilizing the North American Datum of 1983 (NAD83) and the North American Vertical Datum of 1988 (NAVD88). Units shall be in U.S. survey feet.
All plans must be submitted electronically in Adobe PDF format and one the following drawing file formats, AutoCAD drawing (.dwg), AutoCAD interchange (.dxf), ArcView Shapefile (.shp), or ESRI GeoDatabase format or other agreeable format acceptable to the Township.
3.
Whenever plan approval by the Board, the County Department of Real Estate shall not accept any plan for recording unless such plan officially notes the approval of the Board and review by the County Planning Agency.
A.
The final plan shall be submitted and processed as required by § 174-206, final plan procedure, of this chapter and contain the following data and plan specifications:
B.
The final plan shall be submitted containing the following information:
1.
A separate drawing titled the "Original Property Description," depicting the outline of the property from which the lot or lots are being subdivided at a minimum scale of one inch equals 400 feet.
2.
A location map, taken from the Zoning Map, on the plan having a minimum scale of one inch equals 1,200 feet titled as follows:
"Location Map," showing property location, streets and other pertinent information, in sufficient detail to adequately identify the property location."
3.
If applicable, a separate drawing having a minimum scale of one inch equals 50 feet horizontal and one inch equals five feet vertical titled "Driveway Profile," depicting the driveway profile, drainage conditions and entry to the street.
4.
The subdivision plan and/or land development plan. A separate drawing of the proposed lot(s) having a minimum scale one inch equals 100 feet, with lot area, lot number, lot dimensions, bearings and distances of lot lines, existing street right-of-way, dedicated right-of-way, street name and number and building setback lines.
5.
The subdivision plan or land development plan name.
6.
The zoning district(s) in which the site is located.
7.
The proposed land use and purpose for which sites, other than residential lots or parcels, within unit, cooperative or condominium subdivisions are dedicated or reserved.
8.
Date of plan preparation.
9.
Adjacent landowners' names, addresses and parcel numbers.
10.
Reference to recorded subdivision plans of adjoining platted land by record name, date and Deed Book Volume number.
11.
Tax parcel number.
12.
North arrow and scale for all drawings or maps.
13.
Name, address, telephone number and e-mail address for owner or applicant.
14.
Name, address, telephone number, e-mail address and seal of the professional engineer certifying engineering aspects and the professional land surveyor certifying the accuracy of the plan survey (as defined herein).
15.
Certification of ownership and dedicatory statement signed by the owner.
16.
Notary public and recording statement.
17.
Approval blocks to be signed by the Planning Commission and the Board.
18.
Location of existing buildings, streets, septic system(s), stormwater facilities, culverts, fire hydrants, sanitary sewers, well(s) and other significant man-made features located on or adjacent to the proposed lots.
19.
Existing natural features such as alluvial soils, floodplain (100-year flood elevations), rock outcrops, steep slopes, and wooded areas, watercourses, wetlands delineated in accordance with § 174-309 of this chapter, and other natural features.
20.
Location and description of survey monuments shown on the plan.
21.
The primary control point.
22.
Existing and proposed protective covenants running with the land, if any.
23.
Existing public or private easements, such as but not limited to utility, stormwater, erosion control, access and conservation, and the location of any public utilities.
24.
The source of the proposed water supply should be identified; location of proposed wells.
25.
County Health Department approved percolation test sites when on-lot sewage disposal facilities are planned.
26.
Existing contours at vertical intervals of two feet.
27.
Existing and proposed driveway locations depicting sight distance and sight triangle.
28.
Streetlighting facilities, as applicable.
29.
Requests for modifications of requirements shall be submitted in writing indicating the applicable section(s) of this chapter, the subject of the modifications requested, and reasons for undue hardship.
30.
Place the following as a conspicuous standalone note on the cover sheet:
"The developer or contractor shall schedule a pre-construction conference with the Township Engineer to be held at least four days prior to the start of any site construction, earth disturbance, clearing or grubbing, at which conference the developer and Township shall coordinate the inspection schedule with the construction schedule."
31.
Such other data as may be required by the Planning Commission, Board, Township Planning Director, and Township Engineer in the enforcement of this chapter.
32.
Legal descriptions and right-of-way dedication exhibits (8.5-inch by 11-inch) for streets are to be prepared and submitted prior to final approval. The right-of-way exhibits shall show the pavement and provide the total road pavement length and square yardage of proposed pavement.
C.
The final plan shall also be accompanied by the following ancillary data, as applicable, and may be approved as a condition upon the applicant's written acceptance of the condition(s):
1.
A final erosion and sedimentation control plan as required by the Pennsylvania Clean Streams Law,[1] and Pennsylvania Department of Environmental Protection (PADEP) Erosion and Sediment Pollution Control Program Manual (March 2012) (Title 25, Part I, Subpart C, Article II, Chapter 102 - Erosion Control).
3.
State highway occupancy permits. Where the proposed subdivision or land development abuts a state highway (Pennsylvania Route or United States Route), the following two notes shall be added to the plan:
4.
Township street occupancy permits. Where the proposed subdivision or land development abuts a Township street, each lot must be approved by the Township Engineer that proper sight distance and other safety requirements contained in this chapter have been met. A note shall be added to the plan as follows:
"No building permit will be issued until the Township Engineer has verified the sight distance."
5.
When any portion of the tract proposed for subdivision or land development is located within an identified Floodplain (FP) overlay district or floodplain area, the information required in § 174-303 of this chapter shall be provided as part of the final plan and shall be prepared by a professional engineer or professional land surveyor.
6.
A Township Engineer-approved final stormwater management plan prepared pursuant to Chapter 165, Stormwater Management, of the Township Code, including appropriate permit transfer, or permit terminations and access easements prior to Township acceptance.
7.
If water is to be provided by means other than private wells owned and maintained by the individual owners of lots within the subdivision or development, applicants shall present evidence to the Board that the subdivision is to be supplied by a certified public utility, a bona fide cooperative association of lot owners or by a municipal corporation, authority, or utility. A copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to service the area in question, whichever is appropriate, shall be acceptable.
9.
Parcels of land intended to be dedicated or reserved for schools, parks, playgrounds, parking areas, common open space or other public, semipublic or community purposes.
10.
A final traffic impact study in accordance with Article 200 of this chapter.
11.
A plan for parking and traffic control within all newly proposed public and private streets. The plan shall include traffic control signage location and identification of all areas designated for parking.
12.
An entranceway plan for lighting and amenities for entrances into subdivisions. Proposed lighting at entrances, the design and location for all community or cluster mailboxes, and drop-off/waiting areas for bus stops shall be included in the entranceway plan.
13.
If public sewers are proposed, a certification letter from the applicable municipal sewer authority indicating that there is sufficient capacity available for the subdivision or land development. If applicable, the professional services and review escrow agreement shall be submitted with the application.
14.
Profiles of streets, trails and alleys showing grades.
15.
Typical cross sections of each type of street, sidewalk or trail showing the width of right-of-way, width of cartway, location and width of sidewalks, if required.
16.
Plans and profiles of proposed sanitary and stormwater sewers, with grades and pipe size indicated, and a plan of any proposed water distribution system showing pipe sizes and location of valves and fire hydrants.
17.
Landscape plan depicting species, number and location of all landscaping required to be planted.
18.
Typical building elevations for all sides of proposed buildings.
19.
Certificates of agreement to provide service from applicable utility companies.
20.
All required permits and documentation from the PADEP, any other permitting federal or state authority and local municipality where any alteration or relocation of a stream or watercourse is proposed.
21.
Such other certificates, affidavits, endorsements or dedications as may be required by the Board or Planning Commission in the enforcement of this chapter.
A.
A Transportation Impact Study (TIS) or Transportation Impact Assessment (TIA) shall be conducted under the supervision of a person who possesses a current Professional Engineer's (PE's) license issued by the Pennsylvania Department of State. All costs of traffic studies shall be borne by the applicant.
1.
A TIS shall be required for:
(a)
All commercial and residential subdivisions or land developments, including new structures at additions to structures, generating 3,000 or more average daily trips, or 100 or more vehicle trips entering the development or 100 or more vehicle trips exiting the development during any one-hour time period any day of the week.
(b)
Any change or modification in commercial land use and conditional uses in residential zoning districts resulting in 100 or more vehicle trips entering the development or 100 or more vehicle trips exiting the development during any one-hour time period any day of the week.
2.
If the warrants in Subsection A(1)(a) or A(1)(b) for a TIS are not met, the Township may still require a TIA. The purpose of a TIA is to assess the impact of the subdivision or land development on specific intersection(s) and site driveway(s) for the year after completion of the project.
3.
A TIS or TIA will be required if, in the opinion of the Township Engineer, the development, change, modification or conditional use is expected to have a significant impact on highway safety or traffic flow.
B.
The procedure for the preparation and content of a TIS or TIA shall adhere to the following:
1.
For sites with access to state highways, a TIS scoping meeting application shall be completed in accordance with PennDOT requirements.
2.
For sites with access to Township streets or county streets only, the applicant shall submit projected trip generation data and a sketch plan. The Township Traffic Consultant, with input from Township staff, shall determine the scope of the TIS or TIA and respond to the applicant or applicant's consultant. The applicant is encouraged to discuss potential traffic impacts in the pre-application conference discussed in § 174-204.
3.
Collect data in accordance with the TIS scoping meeting or Township traffic consultant's scope, which will define the study area, if using data from previous studies, data cannot be greater than three years old.
4.
Use appropriate traffic engineering software. This may include the Highway Capacity Software, Synchro and Sim Traffic. Project background growth for the study area in accordance with the traffic growth rate obtained from the Southwestern Pennsylvania Commission. In addition to background growth, planned and permitted developments in the area that will impact the transportation study area should be evaluated.
5.
Reference the most current Institute of Transportation Engineers (ITE) Trip generation manual for use in calculating the site trip generation. When the site is not compatible with an ITE land use code, or insufficient data exists in the ITE manual, local data may be needed. Trip generation needs to also account for pass-by, diverted link, internally captured and redevelopment trip credits.
6.
PennDOT policy for "standard assumptions" of modal split can be adopted.
7.
A gravity model is the preferred method of arrival and departure distribution. The applicant must provide a description of how site trips were assigned to the study roadways and intersections including diagrams.
8.
The capacity analysis shall incorporate PennDOT’s level of service (LOS) and 10 second variance criteria.
9.
LOS has been established as the minimum acceptable LOS for intersections to be signalized and for new intersections established to serve as site access.
10.
Incorporate PennDOT TIS format guidelines. TIS to be submitted to PennDOT and/or county only when PennDOT and/or county roads are impacted.
C.
If LOS criteria are not met due to impractical or infeasible mitigation, applicant should refer to the strategies specified in PennDOT’s Policies and Procedures for Transportation Impact Studies for Condition 1: Marginal LOS Degradation and Condition 2: Significant LOS Degradation.
A.
Approval of the applicant’s final subdivision or land development plan shall be conditioned upon the applicant’s execution of the Township's standard developer's agreement, as the same may be approved from time to time by the Board, in a form acceptable to the Township Solicitor. In connection therewith, the developer shall either complete or post-performance security for all improvements required by this chapter, and post maintenance security for any improvements to be dedicated to the Township or other public entity. Said security shall in a form authorized by and in an amount required by Article V of the MPC.[1]
B.
The conditions of the developer's agreement shall run with the land and bind all successors, heirs, and assignees of the developer.
A.
Prior to the commencement of any grading or other work, the applicant shall post-performance security in a form and amount required by the MPC and this chapter to guarantee completion of all improvements required by this chapter and the approved plan. No performance security shall be required for improvements, security for which has been posted by the applicant with PennDOT, and the applicable public utility, Municipal Sewer Authority or Municipal Water Authority.
B.
Prior to the Township’s acceptance of any public improvements, the applicant shall post maintenance security in a form and amount required by the MPC and this chapter to guarantee maintenance of the same. Prior to the Township’s acceptance of any public improvements, the applicant shall also comply with the requirements of § 174-212 of this chapter.
C.
The following requirements shall apply to any surety bond posted as security in accordance with this chapter:
1.
The bond shall be obtained from surety incorporated in the United States and authorized to do business in the Commonwealth of Pennsylvania.
2.
The surety shall have a current A.M. Best's rating of no less than "A" and an underwriting capacity as stated in Best's equal to or greater than the amount of bond written by that surety, or in the alternative be listed on the current United States Department of the Treasury's Annual list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in the Federal Register and have an underwriting capacity in said list equal to or greater than the amount of the bond written by that surety.
D.
The following requirements shall apply to any letter of credit posted as security in accordance with this chapter:
1.
The letter of credit shall be issued by a federal- or commonwealth-chartered lending institution having an office located within 30 miles of the boundaries of the Township at which a draft on site can be presented during regular business hours.
2.
The letter of credit shall have an expiration date of no earlier than 90 days after the required completion date of any improvements in the case of performance security and no earlier than 18 months from the date of acceptance of any improvements to be dedicated to the Township or other public entity in the case of maintenance security. The Township, at its discretion, may accept a letter of credit having an earlier expiration date, provided the letter of credit states it will automatically be renewed for a period of at least one year from any present or future expiration date unless the Township receives notice in writing from the issuer at least 60 days prior to the expiration date that the issuer elects to not further extend the letter of credit and that if such notice is given the Township may draw on the letter of credit up to the amount of its unused balance on or before the relevant expiration date.
3.
Multiple draws on the letter of credit shall be permitted.
E.
All financial security tendered by an applicant pursuant to this chapter shall be subject to review and approval by the Township's Solicitor with respect to the form, source and sufficiency of the same.
A.
The developer or contractor shall schedule a pre-construction conference with the Township Engineer to be held at least four days prior to the start of any site construction, earth disturbance, clearing or grubbing, at which conference the developer and Township shall coordinate the inspection schedule with the construction schedule.
B.
The provisions stated herein shall be construed as mandating periodic inspections, and the undertaking of periodic inspections shall not be construed as an acceptance of the work during construction or as a final inspection of the construction.
C.
The developer shall reimburse the Township for the reasonable and necessary expenses incurred for the inspection of improvements. Such reimbursement shall be based upon time and material costs for the referenced inspections.
D.
The Township, at the expense of the developer, reserves the right to require tests of the improvement to determine whether the improvement complies in all respects with the requirements of the Township.
E.
The Township will invoice the developer for costs incurred by the Township for the inspection of improvements. Improvements shall not be finally approved until the invoice is paid.
F.
A final inspection report by the Township Engineer shall be presented to the Board indicating that the improvements have been installed as proposed on the approved final plan.
A.
Prior to the acceptance of any public improvements, the following shall be submitted to the Township:
1.
A written report certified by the Township Engineer that all required public improvements are completed according to the approved plan and all requirements of the developer’s agreement for acceptance of the same have been met.
2.
Maintenance security in the amount of 15% of the actual cost of the installation of the public improvements for a period of 18 months from the date of acceptance, in a form and source required by this chapter.
3.
Additional performance guarantee for any remaining sidewalks.
B.
It is the policy of the Township that it will withhold all services including snow plowing and the maintenance of streets from all subdivisions which have not been approved and from all areas in an approved subdivision dedication for which has not been accepted by the Board in the manner prescribed herein.
A.
Submission. Upon completion of all required improvements and prior to final inspection of improvements, the applicant shall submit a plan labeled "Record Plan," showing the location, dimension and elevation of all improvements. In addition, the plan shall indicate that the improvements are in substantial conformance with the previously approved drawings and specifications. The plan shall note all deviations from the previously approved drawings. Three copies of the plan (two paper prints and one digital submission) shall be submitted to the Township, which shall distribute the paper print to the Township Engineer and retain one paper print and the digital submission for the Township files. Record plans including as-built drawings shall be recorded at the Allegheny County Department of Real Estate.
B.
Digital submission requirements. All plans, including record plan and as-built drawings and as-built drawings submitted digitally shall meet the following standards:
C.
All data submitted shall be in compliance with the Manual of Practice for professional land surveyors in the commonwealth.
D.
All digital files submitted shall be based on accurate geometric calculations.
E.
Digital submissions shall have all layers clearly and separately represented. Included with all digital submissions, a metadata file shall be included outlining the following:
F.
All plans must be in Pennsylvania State Plane Coordinate System South Zone, utilizing the North American Datum of 1983 (NAD83) and the North American Vertical Datum of 1988 (NAVD88). Units shall be in U.S. survey feet.
G.
All plans must be submitted in Acrobat PDF format, AutoCAD drawing (.dwg), AutoCAD interchange (.dxf), ArcView Shapefile (.shp), or ESRI GeoDatabase format on CD-ROM or other agreeable format acceptable to the Township.