Two-Lot Subdivision/Residential. Application filed with Chief Zoning Officer for preliminary and final approval. The Chief Zoning Officer may approve two-lot residential subdivisions with or without modifications, and may impose reasonable conditions. A site plan approval is not required.

The Chief Zoning Officer, however, shall not approve under this process any subdivision that involves land which has been, in whole or in part, portion of a previous subdivision recorded within five years of the date of application, in which case a final plat must be approved in accordance with Subsection (c) hereof.

Two-Lot Subdivision/Non-Residential.

Minor Subdivisions.

Major Subdivisions.

Land Development.

A landowner proposing a subdivision or land development must first submit an application for approval at the office of the Department of Planning and Economic Development.

All applications for approval of a land development and/or site plan or plat, whether preliminary or final, shall be acted upon by the planning agency within such time limits as may be fixed in these Regulations, but the planning agency shall render its decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission following the date the application was filed, provided that if the said next regular meeting occurs more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the day the application was filed.

Whenever the Department of Planning and Economic Development finds that a proposal raises no substantial design problems, it is hereby authorized to approve an exemption. Such an exemption may be granted for minor additions to existing buildings which, in the opinion of the Director, have no negative impact on local traffic conditions or adjacent properties, are in compliance with other local development ordinances, and are otherwise in conformance with related performance standards. An exemption may also be approved for small free-standing accessory buildings and principal buildings under 500 square feet in size. In approving such an exemption, the Director shall do so in writing and maintain a record explaining the basis for exemption. A short written summary detailing all approvals during the previous month shall be given to the Planning Commission each month.

An exemption may also be approved by the Planning Director for relief from subdivision requirements consistent with Section 403.1 of the Allegheny County Subdivision and Land Development Regulations, as amended, in order to permit a resolution of boundary disputes. Similar exemptions may be approved by the Planning Director for just cause when the filing of a subdivision plan serves no public purpose and is an unnecessary hardship to the landowner.

The Director, in approving an exemption, may impose appropriate conditions, including the imposition of appropriate performance standards, the construction of sidewalks, fire hydrants or other improvements, or other conditions deemed necessary.

The decision of the planning agency shall be in writing and shall be communicated to the applicant personally, to his last known address, not later than 15 days following the decision.

When the application is not approved as filed, the decision shall specify the defects found in the application, shall describe the requirements which have not been met, and shall cite the provisions of the statute or ordinance relied upon.

Failure of the Planning Commission or planning agency to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented, unless the applicant has agreed in writing to an extension of time or a change in the prescribed manner of presentation of communication shall have like effect.

When either a preliminary or final subdivision or land development application is approved with conditions, the applicant shall receive written notice of the decision. Upon receipt of this decision, the applicant must respond within 30 days with an indication that the decision, and the accompanying conditions, are accepted. If the applicant fails to provide this written response or responds with a statement that the conditions are not accepted, then the decision shall be automatically rescinded.

Before acting on any subdivision plat, the Planning Commission may hold a public hearing thereon, after public notice.

General Information. The applicant should be prepared to discuss with the Planning Department details of the proposal and existing features of the area. This discussion will cover such items as existing covenants, land characteristics, availability of community facilities, utilities, size of development, play areas or public areas, proposed utilities, sewerage and street improvements, and type of subdivision.

The Sketch Plan. A sketch plan should be prepared to facilitate advisory discussions. This informal drawing may be hand-drawn or prepared on a topographic map or other such maps. It should be in its simple form and should show the layout of streets, lots and other features in relation to existing conditions. This drawing or map should also show the relationship of the proposal to existing community facilities. No formal approval is required of the sketch plan.

Preliminary Plat. A preliminary plat of the subdivision, drawn to a scale of 50 feet to one inch, or 100 feet to one inch. The preliminary plat shall be 24 inches by 36 inches in size, or made in multiples of this size and cut along match lines, and shall show the following details:

Site Plan. A site plan and landscaping plan in accordance with § 1246.11.

Soils Report. The subdivider shall request from the Allegheny County Conservation District a report concerning the soil conditions. A copy of this report shall be required for preliminary approval.

Engineering Plans. Accompanying the preliminary plan and site plan, engineering plans are required showing profiles, typical cross-sections and specifications for proposed street improvements, profiles and other explanatory data concerning the installation of utility distribution systems and sanitary and storm sewer systems. The sewerage systems data shall include the following information:

Fees. The appropriate filing fees as periodically established by the Penn Hills Council.

The applicant shall, not later than six months after the date of approval of the preliminary plan, file with the Planning Commission, at the office of the Department of Planning and Economic Development, a final plan on that portion he intends to develop. Failure to comply with the time limitations herein provided shall make the approval of the preliminary plan null and void, unless an extension of time is requested by the applicant for a good cause, and granted by the Commission.

The final plan will have incorporated all the changes and modifications required by the Commission. Otherwise it shall conform to the approved preliminary plan and may constitute only that portion of the approved preliminary plans which the applicant proposed to record and develop at the time, provided such portion conforms with all the requirements of these Regulations.

Before approval of a final plan, the Commission must be assured that all the improvements, as shown on the plan, have been installed, or the proper completion bond is filed with the Municipality in accordance with these Regulations.

Before approval of the final plans, the planning staff will make a field inspection at the subdivision site to ascertain that all provisions have been completed as shown on the final plat, and shall provide a written report to the Planning Commission.

No changes, erasures, modifications, or revisions shall be made on any final plan of a subdivision after approval has been given by the Commission and endorsed in writing on the plan, unless the plan is first resubmitted to the Commission.

Within 90 days after the date of approval of a final plan by the Commission, the developer shall record an approved original plan in the office of the Recorder of Deeds of Allegheny County and forthwith file with the Municipality a Recorder's Certificate that the approved plan has been recorded, with the Plat Book and page numbers indicated, and two copies of the recorded plan.

The Recorder of Deeds of the County shall not accept any plan for recording unless such final plan officially notes the approval of the Penn Hills Planning Commission.

No vested rights shall accrue to any plan by reason of final approval until the actual signing of the plan by the Chairman and Secretary of the Planning Commission, or acting representative of either, or the Planning Director, in the case of a two-lot residential subdivision.

Original Drawings and Copies. The original drawings of the plat of the subdivision shall be 24 inches by 36 inches or made in multiples of this size and cut along match lines. They shall be drawn at a minimum scale of 50 feet to the inch.

Two reproducible linens (one for the County Recorder and one for the Municipality of Penn Hills), along with 10 black or blue-line prints, shall be submitted.

Drawing Requirements. Drawings shall include the following information:

As-Built Construction Plans. Construction plans illustrating the as-built condition of streets, sidewalks, sanitary and storm sewers, drainage facilities, and other public improvements shall be submitted to the Department of Planning and Economic Development upon completion of construction. These (as-built) construction plans shall be filed as a condition to final plan approval. The Planning Commission may approve the final plan before the as-built plans are filed, provided evidence is furnished that a completion bond for the installation of these improvements is filed with the Municipality. Before the Municipality accepts dedication of these improvements and releases the developer from the completion bond, the as-built construction plans shall be submitted to the Department of Planning and Economic Development.

No plat shall be finally approved unless the streets shown on such plat have been improved as required by these Regulations and any walkways, curbs, gutters, street lights, fire hydrants, shade trees, water mains, sanitary sewers, storm sewers and other improvements as may be required by these Regulations have been installed in accordance herewith. In lieu of the completion of any improvements required as a condition for the final approval of a plat, including improvements or fees required pursuant to Chapter 1248, these Regulations shall provide for the deposit, with the Municipality, of financial security in an amount sufficient to cover the costs of such improvements or common amenities including, but not limited to, roads, storm water detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings which may be required.

When requested by the developer, in order to facilitate financing, the governing body or the planning agency, if designated, shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining a satisfactory financial security. The final plat or record plan shall not be signed nor recorded until the financial improvements agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days unless a written extension is granted by the governing body. Such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.

Without limitation as to other types of financial security which the Municipality may approve, which approval shall not be unreasonably withheld, Federal or Commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this section.

Such financial security shall be posted with a bonding company or Federal or Commonwealth chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the Commonwealth.

Such bond or other security shall provide for, and secure to the public, the completion of any improvements which may be required on or before the date fixed in the formal action or approval or accompanying agreement for completion of the improvements.

The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Municipality may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Municipality may require the developer to post additional. Security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this subsection.

The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements submitted by an applicant or developer and prepared by a professional engineer licensed as such in this Commonwealth and certified by such engineer to be a fair and reasonable estimate of such cost. The Municipality, upon the recommendation of the Municipal Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the Municipality are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in this Commonwealth and chosen mutually by the Municipality 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 Municipality and the applicant or developer.

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

In the case where development is projected over a period of years, the governing body or the planning agency may authorize submission of final plats by section or stages of development subject to such requirements or guarantees as to improvements in future sections or stages of development as it finds essential for the protection of any finally approved section of the development.

As the work of installing the required improvements proceeds, the party posting the financial security may request the governing body to release or authorize the release, from time to time, of such portions of the financial security necessary for payment to the contractor or contractors performing the work. Any such requests shall be in writing addressed to the governing body, and the governing body shall have 45 days from receipt of such request within which to allow the Municipal Engineer to certify, in writing, to the governing body that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification the governing body shall authorize release by the bonding company or lending institution of an amount as estimated by the Municipal Engineer fairly representing the value of the improvements completed or, if the governing body fails to act within said forty-five-day period, the governing body shall be deemed to have approved the release of funds as requested. The governing body may, prior to final release at the time of completion and certification by its engineer, require retention of 10% of the estimated cost of the aforesaid improvements.

Where the governing body accepts dedication of all or some of the required improvements following completion, the governing body may require the posting of financial security to secure the structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plat for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as otherwise required in this section with regard to the installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.

If water mains or sanitary sewer lines, or both, along with apparatus or facilities related thereto, are to be installed under the jurisdiction of, and pursuant to the rules and regulations of, a public utility or municipal authority separate and distinct from the Municipality, financial security to assure proper completion and maintenance thereof shall be posted in accordance with the regulations of the controlling public utility or municipal authority and shall not be included within the financial security as otherwise required by this section.

If financial security has been provided in lieu of the completion of improvements required as a condition for the final approval of a plat as set forth in this section, the Municipality shall not condition the issuance of building, grading or other permits relating to the erection or placement of improvements, including buildings, upon the lots or land as depicted upon the final plat upon actual completion of the improvements depicted upon the approved final plat. Moreover, if said financial security has been provided, occupancy permits for any building or buildings to be erected shall not be withheld following the improvement of the streets providing access to and from existing public roads to such building or buildings to a mud-free or otherwise permanently passable condition, as well as the completion of all other improvements as depicted upon the approved plat, either upon the lot or lots or beyond the lot or lots in question if such improvements are necessary for the reasonable use of or occupancy of the building or buildings. Any ordinance or statute inconsistent herewith is hereby expressly repealed.

In the event any improvements which may be required have not been installed as provided in these Regulations or in accord with the approved final plat, the governing body of the Municipality is hereby granted the power to enforce any corporation bond, or other security, by appropriate legal and equitable remedies. If proceeds of such bond or other security are insufficient to pay the cost of installing or making repairs or corrections to all the improvements covered by said security, the governing body of the Municipality may, at its option, install part of such improvements in all or part of the subdivision or land development, and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such security and related legal and administrative fees and not for any other Municipal purpose.

Upon the approval of a final plat, the developer shall, within 90 days of such final approval, record such plat in the office of the Recorder of Deeds of the county in which the Municipality is located. Whenever plat approval is required by a Municipality, the Recorder of Deeds of the county shall not accept any plat for recording unless such plat officially notes the approval of the Planning Commission, or the Planning Director, in the case of a two-lot residential subdivision.

The recording of the plat shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject plat.

After a plot has been approved and recorded as provided in this section, all streets and public grounds on such plat shall be, and become, a part of the official map of the Municipality of Penn Hills without public hearing.

Any applicant considering a proposed land development or preliminary plat may wish to prepare a sketch plan and attend an advisory meeting as described in this chapter.

Any application for approval of a subdivision or land development, with the exception of two-lot subdivisions in residential zoning districts, must include the submission of a final site plan containing the following information: