Allegheny County, PA Article III Procedures for Review, Approval and Recording of Plans

§ 780-301 Purpose; organization; fees and disputes.

A. Purpose. This Article III specifies procedures for review and approval of proposed subdivisions and land developments and for the recording of plans after their approval.

B. Organization of article.

(1) Advisory review procedures. Section 780-302 includes procedures for review of plans located in municipalities which have enacted subdivision and land development regulations. In these municipalities, the Department provides advisory review.

(2) Review and approval procedures. Section 780-303 specifies procedures for review and approval of plans located in municipalities which have not enacted subdivision and land development regulations. In these municipalities, the Department is responsible for the approval of plans.

(3) Abbreviated procedures for minor plans and plat adjustments. Abbreviated review or review and approval procedures are offered for plans which are defined in Article II as minor subdivisions, minor land developments, or plat adjustments. These procedures are specified in § 780-304.

(4) Procedures for recording. Section 780-305 contains requirements for recording subdivision and land development plans in the office of the Department of Real Estate.

(5) Summary of procedures and requirements. A chart that summarizes which basic procedures and requirements contained in this chapter apply to land use applications in municipalities that have enacted a subdivision and land development ordinance; and which apply to land development applications in municipalities that have not enacted a land development ordinance is provided in Appendix 8.[1]

[1] Editor's Note: Appendix 8 is included at the end of this chapter.

C. Fees and disputes of fees.

(1) Applications for review and approval shall be accompanied by a review fee paid by the applicant, which shall be in accordance with a schedule of fees established by resolution of the County Council.

(2) Review by professional consultants. The Department may refer the application for review by one or more of its professional consultants. The applicant shall pay the fees for such reviews. Application review fees shall include reasonable and necessary charges by the County's professional consultants for review and report on the application to the County. Such review fees shall be based upon a schedule established, from time to time, by resolution of County Council. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the professional consultants for similar services provided to the County, but in no event shall the fees exceed the rate or cost charged by the professional consultants to the County when fees are not reimbursed or otherwise imposed on applicants. Fees charged to the County relating to the appeal of any decision on an application shall not be considered review fees and shall not be charged to the applicant.

(3) Billing for review fees. The Director shall submit to the applicant an itemized bill showing work performed, identifying the person performing the services and the time and date spent for each task. Nothing in this subsection shall prohibit interim itemized billing or county escrow or other security requirements.

(4) In the event an applicant disputes the amount of review fees, the applicant shall, no later than 45 days after transmittal of the fees, notify the County that such fees are disputed. The applicant shall explain the basis of his or her objections to the fees charged, in which case the application shall not be delayed or disapproved due to the applicant's dispute over fees. Failure of the applicant to dispute the fees within 45 days shall be a waiver of the applicant's right to arbitration as established by MPC § 510(g).[2]

[2] Editor's Note: See 53 P.S. § 10510(g).

(5) In the event that the County's professional consultant and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and the County shall follow the procedure for dispute resolution for inspection fees set forth in Section 510(g)(2) through (5) of the MPC,[3] provided that the arbitrator resolving such dispute shall be of the same profession or discipline as the professional consultant whose fees are being disputed.

[3] Editor's Note: See 53 P.S. § 10510(g)(2) through (5).

§ 780-302 Advisory review procedures.

A. Application. The procedures specified in this section shall apply to the review of all subdivision and land developments located in municipalities which have enacted subdivision and land development regulations.

B. Transmittal of applications for preliminary review. A complete copy of an application for preliminary approval of a subdivision or land development plan shall be forwarded upon receipt by the municipality to the Department.

(1) How to submit. Applications may be submitted on any business day.

(a) Notice of transmittal. Applications must be accompanied by a cover letter or transmittal notice, addressed to the Director of the Department, which notes the date of forwarding and the signature of the municipal official who transmits the application. If an application is mailed, the date of forwarding shall be the date of postmark.

(b) Application form. Applications must include a copy of the Department's form entitled "Subdivision and Land Development Application" which has been completed by the applicant.

(c) Review fee. Applications for review shall be accompanied by a review fee paid by the applicant, which shall be in accordance with a schedule of review fees established by resolution of the County Council. The review fee shall be in the form of a check or money order payable to the Treasurer of Allegheny County. In the event an applicant disputes the review fee, the County and applicant will follow the procedure established in Article III, § 780-301C.

(2) Complete materials required. The materials forwarded shall include all drawings, plans, reports and other information submitted to the municipality and as required by the municipal subdivision and land development ordinance.

(a) Incomplete applications. If the application materials are incomplete or the fee has not been paid, the Department shall notify the municipality and request that additional materials be forwarded. The date on which any additional materials are received shall then become the official date of forwarding of the application.

(b) Review not possible. If complete materials are not submitted and the Department determines that an informed review is not possible, the Department shall notify the municipality and applicant in writing of the determination that a review cannot be provided because a complete application has not been forwarded.

C. Review of preliminary applications. Within 30 days of the date of forwarding of a complete application, the Department shall review the application for approval of the preliminary plan of subdivision or land development and shall transmit its comments in writing to the municipal official who transmitted the application.

(1) Copies of review. At the option of the Department, a copy of the review may be sent to the applicant and/or to any municipality or agency that may have interest in the project and in the Department's review.

(2) Defects specified. The review shall note whether or not the application meets all requirements of the municipal regulations and shall specify the specific provisions of the municipal ordinances which have not been met.

(3) Additional comments. The review may also comment on planning aspects of the proposed project which are not specifically addressed by the municipal regulations, including, but not limited to, the relationship of the proposed subdivision or land development to the Municipal Comprehensive Plan, to existing and planned development and comprehensive plans in adjacent municipalities, and to the County Comprehensive Plan or components thereof.

(4) Alternative standards. The review may recommend alternative standards or design of development if the Department determines that the application of alternative requirements or design would result in more efficient or economic utilization of the site, less damage to the natural environment, improved safety or convenience, and that the recommended alternative standards or design are in accordance with modern and evolving principles of site planning and development.

D. Transmittal of applications for final review. The procedure for review of applications for final approval of subdivisions and land developments shall be one of the following:

(1) If revised. If changes are made in the plan after preliminary approval, the municipality shall forward a complete copy of the application upon receipt, with all supporting plans and materials, to the Department for review in accordance with the procedures specified in Subsection B above, except that a fee shall not be required.

(a) Final review period. The Department shall review an application for final approval following the procedures and time period specified for preliminary review in Subsection C above.

(b) Plan for recording. After final approval by the municipality, the plans prepared for recording, including all required signatures, shall be returned to the Department for signature, in accordance with Subsection D(2)(a) and (b) below.

(2) If not revised. If no changes are made in the plan after preliminary approval, the Department shall waive the requirement for substantive final review and will accept the final plans as prepared for recording, with all required signatures.

(a) Review for recording requirements. The Department shall review the final, signed plan for compliance with requirements of the Department of Real Estate for the recording of plans.

(b) Notation of department review. If the final plan is correct in every respect, the Director shall sign the certification that the plan has been reviewed by the Department.

E. Department signature required for recording. In accordance with Section 513(a) of the MPC,[1] the Allegheny County Department of Real Estate shall not accept any plat for recording unless such plat officially notes review by the Department.

(1) No signature without review. The Director may refuse to sign the official notation of review for any plan which was not forwarded by the municipality for review in accordance with Subsection B above and, where required, in accordance with Subsection D(1).

(2) No signature if materials incomplete or fee not paid. The Director may refuse to sign the official notation of review on a final plan if the preliminary or final plan submission to the Department was incomplete, or if the fee was not paid, and if the Department notified the municipality that it was not possible to provide a review, as specified in Subsection B(2) above.

[1] Editor's Note: See 53 P.S. § 10513(a).

§ 780-303 Review and approval in municipalities without subdivision and land development regulations.

A. Application. The procedures specified in this section shall apply to all subdivisions and land developments in municipalities which have not enacted subdivision and land development regulations or which have adopted these regulations by reference and have designated the Department as their agency for review and approval.

B. Preapplication meeting. The applicant may request a preapplication meeting with the Department to discuss the proposed subdivision or land development and to review the requirements of the ordinance in relation to the proposed project. A representative of the municipality where the proposed subdivision or land development is located shall be invited to attend the preapplication meeting.

(1) Sketch plan. Prior to the meeting, the applicant is strongly encouraged to provide a sketch plan of the proposed project containing enough information to convey clearly the existing and proposed conditions of the site. The materials submitted for the preapplication meeting should be prepared in accordance with § 780-401 of this chapter but shall not constitute an application for preliminary or final approval.

(2) Scheduling of meeting. The Department shall review the materials and schedule the preapplication meeting within 14 consecutive days from the date of submission of the sketch plan and supporting materials. If the Department feels that additional information is needed, the fourteen-day period may be extended by mutual agreement.

(3) Result of meeting. Based on the Department review and discussion with the applicant, there should be a mutual understanding of the scope of the proposed development, issues that may require resolution by the applicant, municipality or County and of potential opportunities and/or impacts that may merit special attention. A written summary of the meeting and the issues discussed shall be provided to the applicant and subject municipality.

(4) A preapplication meeting shall not constitute formal filing of any application for approval of a subdivision or land development, shall not bind the Department to approve any concept presented in the preapplication meeting and shall not protect any future application from subsequent changes in ordinance provisions which may affect the proposed development that may be enacted between the preapplication meeting and the filing of an application for preliminary approval of a subdivision or land development.

C. Preliminary plan review and approval.

(1) Submission of applications. Applications may be submitted to the Department on any business day and shall include all information and plan drawings specified in Article IV, § 780-402, and Article V.

(a) Number of copies. Four complete copies of the application and all supporting site and plan drawings and information shall be submitted to the Department. The Department may request additional copies of the application in accordance with § 780-303C(3).

(b) Application form. Applications must include a copy of the Department's form entitled "Subdivision and Land Development Application" which has been completed by the applicant.

(c) Fee required. A filing fee, in the form of a check or money order payable to the Allegheny County Treasurer, shall accompany the application. The amount of the fee shall be in accordance with a fee schedule adopted by resolution of County Council.

(d) Official filing date. Once the Department certifies that the submittal is complete and that the applicable fee has been paid, the official filing date of an application shall be the date the application was submitted to the municipality.

[1] Within seven days of the date that the application is received in the offices of the Department, the Department shall either certify the application as complete or notify the applicant in writing that the application is incomplete. The written notification shall specify the items of required information that are lacking.

[2] Failure of the Department to take either of these actions within seven days shall be deemed a certification that the application is complete as submitted, unless the applicant has agreed in writing to an extension of time.

[3] The official filing date shall be recorded in the files of the Department, and the applicant shall be notified of the official filing date.

[4] Certification of the application as complete and the establishment of the filing date shall not constitute a waiver of any deficiencies or irregularities.

[5] After the official filing of an application and while a decision is pending, no change in any zoning, subdivision or other governing ordinance or plan shall affect the decision on the application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances and plans on the official filing date.

(2) Distribution of copies.

(a) The Department shall forward one complete copy of the application and submission materials to the municipality in which the project is located and one copy to the municipal engineer. The applicant shall distribute a copy of the preliminary plan and of all relevant supporting documentation to all agencies which will be required to approve some aspect of the plan prior to its final approval by the Department. These agencies may include, but are not limited to:

[1] Pennsylvania Department of Transportation (PennDOT) if the site abuts or is traversed by a state road.

[2] Pennsylvania Department of Environmental Protection (PADEP or DEP) for sewage facilities, stream encroachments, wetlands, contaminated sites and other environmental permits.

[3] Allegheny County Department of Engineering and Construction if the site abuts or is traversed by a County road or may impact a County drainage facility.

[4] Allegheny County Health Department for sewage facilities, water supply and air pollution approvals.

[5] Allegheny County Conservation District for erosion and sedimentation plan letters of adequacy and permits.

[6] Fire company or department.

[7] Water supplier.

[8] Sewage treatment supplier.

[9] Natural gas, electric, telephone and cable television suppliers.

[10] Postmaster for approval of new street names.

[11] Federal Aviation Administration and PennDOT Bureau of Aviation if the proposed development requires filing of a "Notice of Proposed Construction or Alteration."

(b) During the plan review process, the Department may convene an interagency meeting with one or more of these reviewing agencies to discuss issues relevant to the application.

(3) Distribution of copies to other municipalities. The Department may also distribute copies of the preliminary plans to municipalities within 200 feet of site and to municipalities within one mile of the site, if the proposed development is expect to generate 100 or more trips during its peak hour.

(4) Review by professional consultants. The Department may refer the application for review by one or more of its professional consultants. The procedure for determining the amount of the fee, billing and resolving disputes shall be in accordance with the provisions of § 780-301C of this chapter. The applicant shall pay the fees for such reviews.

(5) Review meeting. The Department shall formally review the application at a public meeting held not later than 30 days after the official filing date. Public meetings will be held at the municipality in which the project is located. If the meeting cannot be accommodated in the municipality, or upon the decision of the County, the public meeting will be held at the County offices.

(6) Optional hearing. The Department may conduct a hearing pursuant to public notice in order to inform the public and obtain comment prior to taking action on a proposed subdivision or land development.

(7) Decision. A decision to approve the preliminary plan as submitted, to approve the plan subject to conditions, or to disapprove the plan shall be made and communicated to the applicant not later than 90 days following the date of the public meeting at which the plan was first reviewed unless the applicant agrees in writing to an extension of time or after a final order of the court remanding an application, provided that should the date of the public meeting at which the application was first reviewed occur more than 30 days following the official filing date or the final order of the court, the said ninety-day period shall commence from the 30th day following the official filing date.

(a) Written decision. The decision of the Department shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision unless the applicant agrees in writing to a change in the manner of communication of the decision.

(b) Acceptance of conditions. If the application is approved subject to conditions, they shall be accepted by the applicant in writing within 15 days after the written decision of the Department was mailed or delivered to the applicant or the approval shall be automatically rescinded.

(c) Defects specified. If the application is not approved as filed, the decision shall specify the defects found in the application and shall cite the provisions of the ordinance which have not been met.

(8) Deemed approval. Failure of the Department to render a decision and communicate it to the applicant in the manner and within the time period specified or as agreed to by the applicant shall be a deemed approval of the application as presented.

(9) Effect of approval of preliminary application. When a preliminary application has been approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application. Preliminary approval shall remain valid for five years. No change in this chapter or in any applicable municipal ordinance shall affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval.

D. Final plan review and approval.

(1) Submission of applications. Applications shall be submitted in the same manner as specified for preliminary applications in Subsection C, except that a filing fee shall not be required for final plan applications.

(a) Intent regarding improvements. The application for final approval shall state whether the applicant intends to construct improvements prior to final approval and recording of the plat or whether the applicant intends to record the final plan and post financial security to guarantee the construction of required improvements.

(b) Materials required. The application for final approval shall include the plans, construction drawings and specifications, required permits and approvals, supporting documentation, all applicable review fees, and other materials as specified in Article IV, § 780-403.

(c) Official filing date. The official filing date for an application for final approval shall be determined in the same manner as for preliminary plan approval specified in Subsection C(1)(d) above.

(2) Distribution of copies. The Department shall forward one complete copy of the application and submission materials to the municipality in which the project is located and one copy to the engineer for the municipality.

(3) Review by professional consultants. The Department may refer the application for review by one or more of its professional consultants. The procedure for determining the amount of the fee, billing and resolving disputes shall be in accordance with the provisions of § 780-301C of this chapter. The applicant shall pay the fees for such reviews.

(4) Review meeting. The Department shall formally review the application at a public meeting held not later than 30 days after the official filing date.

(5) Decision. A decision to approve the final plan as submitted, to approve the plan subject to conditions, or to disapprove the plan shall be made and communicated to the applicant not later than 90 days following the date of the public meeting at which the final application was first reviewed unless the applicant agrees in writing to an extension of time or after a final order of the court remanding an application, provided that should the date of the public meeting at which the application was first reviewed occur more than 30 days following official filing date or the final order of the court, the said ninety-day period shall commence from the 30th day following the official filing date.

(a) Approval of the final plan. The Department shall grant final approval if all the following requirements are met:

[1] The application conforms with the approved preliminary plan and with any conditions attached to the preliminary approval.

[2] The plan either complies with all standards and requirements of this chapter or waivers or modifications have been requested, granted and documented in accordance with § 780-106.

[3] The municipal engineer and governing body of the municipality in which the proposed project is located must have examined the plans and construction drawings and certified that the proposed subdivision or land development is in accordance with all applicable municipal ordinances and regulations, including, but not limited to, zoning, floodplain management, stormwater management, grading and construction standards, or that any required variances or exceptions from municipal requirements have been approved and documented in accordance with applicable municipal procedures.

[4] All necessary permits and approvals from other governmental agencies, service providers and utility providers have been obtained, as per § 780-501D.

[5] All improvements have been constructed in accordance with applicable standards, inspected by the municipal engineer and approved by the municipal governing body or financial security to guarantee the construction of required improvements has been deposited with the municipality, both in accordance with Subsection F hereunder.

(b) Conditional final approval. The Department may grant conditional approval of a final plan, provided that any conditions shall be satisfied prior to signing and recording of the plat or shall be incorporated into a development agreement between the applicant and the municipality. If a condition will affect the use of land or any other matter depicted upon the final plan, the Department may require that the condition be noted upon and recorded with the plan.

(c) Disapproval. The Department shall deny approval of an application for final approval of a subdivision or land development if the application does not meet all requirements of this chapter and of applicable municipal regulations; if any permits or approvals required by any other unit of government are denied; if financial security is not posted, or if improvements are not completed in accordance with the approved specifications and development agreement.

(6) Form of decision. The decision to approve, approve with conditions or deny final approval of a subdivision or land development shall be made and communicated to the applicant in the same manner as specified for preliminary applications in Subsection C(9).

(7) Deemed approval. Failure of the Department to render a decision and communicate it to the applicant in the manner and within the time period specified or as agreed to by the applicant shall be a deemed approval of the application as submitted.

(8) Effect of final approval. When an application has been approved without conditions or with conditions accepted by the applicant, no change in this chapter or in any applicable municipal ordinance shall affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval.

(a) Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval.

(b) If there is any doubt about the terms of a preliminary approval, the terms shall be construed in accordance with the governing ordinances at the time when the application for preliminary approval was officially filed.

(c) The five-year period shall be extended for the duration of any litigation, including appeals, which prevent the commencement or completion of the development or for the duration of any sewer or utility moratorium or prohibition which was imposed subsequent to the filing of an application for preliminary approval of a plat. In such instances, the provisions of MPC § 508(4)(ii) shall apply.[1]

[1] Editor's Note: See 53 P.S. § 10508(4)(ii).

E. Phased development. If an applicant intends to develop land in phases, the preliminary plan submission shall encompass the entire land area proposed for development and shall serve as a master plan.

(1) Schedule for phases. The preliminary plan shall include a schedule for the submission of final plans for each section.

(a) The schedule shall be updated annually on or before the anniversary of the preliminary plan approval until the final plan for the final section has been approved.

(b) Any modifications in the schedule as first presented may be approved at the discretion of the Department.

(2) Final plans for phases. Following approval of the preliminary plan for the entire land area, final plans may be submitted for each section.

(a) If the final plan for a section of a phased development differs from the approved preliminary plan in number of lots or buildings, intensity of development, preservation of environmental features, open space, traffic characteristics, transportation facilities or other substantive component, then an entirely new preliminary plan may be required for that section and for any other sections or components of development that may be affected by the proposed changes.

(b) Each section of a phased residential development except the last section shall contain at least 25% of the total number of dwellings depicted on the preliminary plan or, in the discretion of the Department, such other percentage needed to ensure an acceptable living environment for residents while development is ongoing.

(c) Provided that the applicant has complied with all provisions of the approved preliminary plan, including adherence to the schedule for submission of final plans for various sections, the right of the applicant to complete construction in accordance with County and municipal regulations at the time of the first approval shall be extended beyond the five-year period, for sections beyond the initial section, for an additional term of three years from the date of final approval of each section.

(d) Failure of the applicant to comply with the schedule for submission of final plans for the various sections shall subject any such section to all changes in land use ordinances or other applicable municipal ordinances enacted after the date of filing of the preliminary plan.

(e) Where improvements, as listed in MPC § 509(a),[2] may not be possible to install as a condition precedent to final approval of plats, the completion of such improvements shall be a condition precedent to the erection of buildings on lands included in the approved plat, as per MPC § 503(4).[3]

[2] Editor's Note: See 53 P.S. § 10509(a).

[3] Editor's Note: See 53 P.S. § 10503(4).

F. Completion of improvements or guarantee thereof prerequisite to final plat approval. No plat shall be finally approved for recording until all required improvements have been constructed or until financial security has been deposited to guarantee the construction of improvements.

(1) Construction of improvements prior to final approval and recording of the plan. If the applicant chooses to construct improvements prior to final approval and recording of the plat, the applicant may proceed to do so when all of the following requirements have been met:

(a) All other components of the application for final approval have been approved by the Department.

(b) All necessary permits and approvals from other agencies have been obtained.

(c) Construction drawings for all improvements have been approved by the municipal engineer and municipal governing body.

(d) A development agreement between the applicant and municipality, which is in accordance with applicable provisions of the MPC and acceptable to the municipal solicitor, has been executed, which specifies procedures and responsibilities for construction, inspection and approval of all improvements.

(2) Approval of final plat following completion of improvements.

(a) Following completion of all improvements in accordance with the specifications and plans, the applicant or municipality shall submit to the Department a statement signed by the municipal governing body that all improvements have been completed and approved by the municipality and that all other matters included in the development agreement have been concluded in a manner acceptable to the municipality.

(b) Thereafter, the Department shall approve the final plat for recording, and the Director shall sign the notation of approval on the plat.

(3) Deposit of financial security to guarantee construction of improvements. If improvements are required and the applicant proposes to construct them after final approval and recording of the plan, financial security shall be deposited with the municipality in an amount sufficient to cover the costs of all public improvements and common amenities, including, but not limited to, roads, stormwater management facilities, recreation facilities, open space improvements and required buffer or screen plantings as listed in MPC § 509(a).[4]

(a) The amount and form of the financial security shall be as specified in Section 509 of the MPC.[5]

[5] Editor's Note: See 53 P.S. § 10509.

(b) When requested by the applicant, in order to facilitate financing and provided that all other requirements for final approval have been met, the Department shall furnish the applicant with a letter indicating approval of the final plat contingent upon the applicant obtaining a satisfactory financial security. The letter of contingent approval shall expire within 90 days unless an extension is granted by the Department.

(c) A copy of an executed development agreement, in a form approved by the municipal solicitor and consistent with the MPC, shall be submitted to the Department, which specifies all agreements between the applicant and the municipality for the conduct of development activities, construction of improvements, inspection by the municipal engineer, establishment and payment of inspection fees, release of financial security upon satisfactory completion of improvements, and any other matters of concern to the municipality.

(d) If water mains or other utilities are to be installed under the jurisdiction of a public utility or municipal authority distinct from the municipality, financial security shall be posted to assure proper completion and maintenance thereof in accordance with the regulations of the public utility and shall not be included within the financial security otherwise required.

(e) The applicant shall not be required to provide financial security of the costs of any improvements for which financial security is required by and provided to the Department of Transportation in connection with the issuance of a highway occupancy permit.

[4] Editor's Note: See 53 P.S. § 10509(a).

G. Deposit of financial security to guarantee integrity and functioning of improvements. If the municipality intends to accept dedication of any improvements after their completion, the developer shall post financial security, if requested by the municipality, to guarantee the structural integrity and proper functioning of the improvements for a period of 18 months from the date of acceptance by the municipality.

(1) Acceptable security. The financial security shall be of the same type as required by the MPC to guarantee the construction of improvements.

(2) Amount of security. The financial security shall not exceed 15% of the actual cost of installation.

H. Changes encountered during construction of an approved subdivision or land development. If, during construction of an approved subdivision or land development, field changes are requested by the developer, the Department shall determine whether the changes are substantive or not, in accordance with the following:

(1) Substantive changes requiring resubmission and approval of a final plan. The following changes shall be deemed substantive and shall require resubmission and approval of a final application in accordance with the requirements of §§ 780-303D and 780-403 of this chapter:

(a) Any change that modifies or violates a condition attached to the original final approval.

(b) Any increase or decrease in the total gross floor area of the approved principal building or buildings that exceeds 5% or any increase in the total number of approved lots or dwelling units.

(c) Any change in the ingress, egress or interior traffic circulation or any change in the number or layout of parking spaces involving more than five spaces.

(d) Any change that requires a zoning variance or a modification to any requirement of this chapter.

(e) Any change in the location of a principal building or buildings resulting in a reduction of the distance between the building(s) and a property line of more than five feet or more than 10% of the approved distance, whichever is less.

(f) Any change that substantially increases the traffic impact of the proposed development.

(2) Changes which are not substantive but require filing of revised plans with the Department. The following changes shall not be considered substantive and shall not require resubmission and approval of a final application; however, the applicant shall file revised plans with the Department, and the Department shall issue a letter acknowledging that the changes are not substantive.

(a) Any increase in the total gross floor area of the approved principal building or buildings that is 5% or less.

(b) Any change in the location of a principal building or buildings resulting in a reduction of the distance between the building(s) and a property line of less than five feet or less than 10% of the approved distance, whichever is less.

(c) Any increase in the number of parking spaces of five or fewer spaces.

(d) Any decrease in parking spaces, provided that the decrease maintains compliance with § 780-520 of this chapter.

(e) Any change in the landscaping plan that substitutes one or more of the plant materials shown on the approved plans with plant materials of a similar type and character.

(f) Any change mandated by other agency permits.

§ 780-304 Abbreviated procedures for minor plans and plat adjustments.

A. Application. This section establishes a procedure that combines preliminary and final applications for minor subdivisions and land developments and a simple sign-off process for plat adjustments. The option is available for review of minor plans and plat adjustments in municipalities which have their own regulations if those regulations authorize a one-step approval procedure, as well as for approval of plans in municipalities which do not have their own regulations.

B. Minor subdivisions and land developments. The Department will review applications for final approval of minor subdivisions and minor land developments without having first reviewed an application for preliminary approval. A complete application for final review of a minor subdivision or land development shall be submitted in accordance with the procedure specified in § 780-302D(1) or (2) or 780-303D(1), except that a fee shall be required.

(1) For plans in municipalities that have their own ordinances, the Department will complete its review within 30 days of the date that a complete application is forwarded.

(a) If there are no suggested revisions or other comments, the Department will notify the municipal official who transmitted the application either by phone or in writing.

(b) If there are suggested revisions or conditions or a recommendation that the application be denied, the review shall be in writing in accordance with the procedure specified in § 780-302C.

(2) For plans in municipalities that do not have their own ordinances, the Department will review and approve or disapprove an application in accordance with the procedures specified in § 780-303D.

(3) Following completion of the review or review and approval, the Department will accept the final plan prepared for recording, with all required signatures.

(a) The Department will review the signed final plan for compliance with requirements of the Department of Real Estate.

(b) If the final plan is correctly prepared, the Director will sign the notation that the plan has been reviewed or approved by the Department.

C. Review of plat adjustments. Subdivisions which are classified as plat adjustments in Article II may be submitted as prepared for recording, with all required signatures.

(1) Plat adjustment plans will be reviewed for compliance with requirements of the Department of Real Estate.

(2) If the final plan is correctly prepared, the Director will sign the notation that the plan has been reviewed or approved by the Department.

§ 780-305 Recording requirements.

A. Application. The requirements of this section apply to all plans that are to be recorded in Allegheny County, including plans located in municipalities which have their own regulations, as well as in municipalities where the County approves plans.

B. Drafting standards. All final plans for recording shall be prepared in accordance with administrative regulations issued by the Department of Real Estate to ensure that the recorded plans will be accurate, complete and legible. These regulations may be changed from time to time, based upon the requirements of the systems or technology used to record the plans. The current requirements related to the drafting of plans are included in Appendix 1.[1]

[1] Editor's Note: Appendix 1 is included at the end of this chapter.

C. Required certifications and notations. Certifications, notations and approvals required on final plans for recording are included in Appendix 3.[2]

[2] Editor's Note: Appendix 3 is included at the end of this chapter.

§ 780-306 Digital submission requirements.

For major subdivisions and land developments, the plans required by §§ 780-402 and 780-403 shall be provided in both hard copy and as a digital file, which shall be prepared to the following standards:

A. Data integrity. All data submitted shall be in compliance with the "Manual of Practice for Professional Land Surveyors in the Commonwealth of Pennsylvania."

B. Data layering. Digital submissions shall have all layers clearly and separately represented. Included with all digital submissions, a document shall be included outlining the following:

(1) A list of all layers used, with a description of what those layers represent.

(2) A list of all point files and break lines, with a description of any abbreviations.

(3) Coordinate system. All drawings must be in PA State Plane projection, PA South Zone, NAD83 datum. Units shall be in U.S. feet.

(4) Format. All drawings must be submitted in AutoCAD drawing (.dwg) or AutoCAD interchange (.dxf) format on CD-ROM.

C. Coordinate system. All drawings must be in PA State Plane projection, PA South Zone, NAD83 datum. Units shall be in U.S. feet.