Borough of Edgeworth, PA Plan Filing and Review Procedure

The preliminary plan and all information and procedures relating thereto shall in all respects be in compliance with the applicable provisions of this Part 1. It is the responsibility of the subdivider or developer to coordinate his plans with the respective private and public service agencies.

All preliminary plans, accompanying information and a completed application form must be submitted to the Borough for review not less than 14 days prior to the meeting of the Planning Commission at which they are to be considered.

The application form shall be accompanied by the requisite fee as set forth in § 113-12B of this Part 1 and by not fewer than 20 copies of all required material and not fewer than 20 prints of the preliminary plan of the subdivision or development.

(4)

The Borough Manager shall forward two copies of the preliminary plan prints and one copy of the required material to the County Planning Commission and one copy of the plan and other materials to the Borough Engineer and the Municipal Authority of the Borough of Leetsdale and such other municipalities and agencies as he/she deems appropriate for review and comment.

(5)

The Borough Manager shall also forward one copy of the preliminary plan prints and required materials to each of the members of the Planning Commission.

Review of preliminary plan.

Department of Transportation review. In cases where the subdivision or land development fronts on an existing or proposed state highway or has proposed streets entering onto state highways, the developer shall submit the plan to the Pennsylvania Department of Transportation for review.

Planning Commission review.

(a)

The Planning Commission shall consider the plan to determine if it meets the standards set forth in this Part 1, this chapter and the Edgeworth Zoning Ordinance.[1]

[1]

Editor's Note: See Ch. 130, Zoning.

(b)

The Planning Commission shall act on the preliminary plan within 60 days of the official filing date, but in any event shall act on the plan in time for the Council to render its decisions in timely fashion as required by law. In the event that any variance from this Part 1 is requested by the applicant or is deemed necessary for approval, the variance and the reasons for its necessity shall be entered into the records of the Council.

Planning Commission recommendation.

The Planning Commission shall recommend to the Council whether the preliminary plan shall be approved, approved with modifications or disapproved and shall notify the Council, in writing, thereof, including, if disapproved, a statement of reasons for such action. The Council shall, however, have the right to override any such recommendation, subject to the provisions of this Part 1.

In making its recommendations, the Planning Commission shall consider the recommendations of the Borough Engineer, if any; the County Planning Commission; the Edgeworth Environmental Advisory Council established in Part 3 of this chapter, to the extent that its recommendations have been formulated, preliminarily or otherwise; interested residents; and the recommendations of any agency or agencies from which a review was requested under § 113-14A of this article.

Resubmission of preliminary plan. When the Planning Commission recommends disapproval, the subdivider or developer may resubmit the preliminary plan. The resubmitted plan shall be considered to be a new plan in all respects, including the establishment of a new official filing date, and the prior plan shall be deemed to have been withdrawn by the subdivider.

Approval of preliminary plan.

The Council shall act on the preliminary plan within 90 days of the official filing date or at such later date as shall be permitted by law. Failure to do so shall be deemed an approval. Before acting on a preliminary plan, the Council may hold a hearing thereon after public notice.

The Council shall notify the applicant, in writing, of its decision to approve, approve with conditions or disapprove the preliminary plan. Such notice shall be given to the applicant in person or mailed by certified or registered mail to him/her at his last known address not later than 15 days following the decision. If the plan is approved with conditions or disapproved, the Council shall specify in its notice the conditions which must be met and/or the defects found in the plan and the requirements which have not been met, including specific reference to provisions of any statute or article which have not been fulfilled.

Approval of the preliminary plan shall constitute approval of the subdivision or land development as to the character and intensity of development and the arrangement and approximate dimensions of streets, lots and other planned features. The approval binds the subdivider or developer to the general scheme of the subdivision shown, unless a revised preliminary plan is submitted, and permits the subdivider to proceed with final detailed design of improvements, to arrange for guaranty to cover installation of the improvements and to prepare the final plan. Approval of the preliminary plan does not authorize the sale of lots nor the recording of the preliminary plan.

§ 113-15 Final plan.

Submission of final plan.

After the subdivider or developer has received official notification from the Council that the preliminary plan has been approved, he/she must submit to the Borough Manager a final plan within one year or the approval of the preliminary plan shall become null and void, unless an extension of time is requested by the subdivider or developer in writing and approved by the Council before the expiration date.

The final plan may be submitted in sections, each covering a portion of the entire subdivision or land development shown on the preliminary plan. Only the section(s) submitted shall be considered for review and approved as a final plan. The remaining sections of the plan shall be considered to be an approved preliminary plan. The effect of approval of the submitted section(s) on the remaining sections shall be an automatic one-year extension of the original preliminary plan approval.

The final plan shall conform in all respects to the approved preliminary plan. If it does not, the plan submitted shall be considered as a revised preliminary plan and shall be forwarded by the Borough Manager to the Planning Commission for review and recommendation as a preliminary plan.

(4)

The subdivider or developer must submit with the final plan a guaranty for the installation of improvements which meets the requirements of § 113-45 hereof.

(5)

The application form shall be accompanied by the requisite inspection and engineering fees as set forth in § 113-12.

(6)

If on-lot sewage disposal is to be utilized, the subdivider or developer must prepare and submit a Department of Environmental Resources planning module for land development, which requires random sampling deep-probe test pits and random sampling percolation tests. This submission shall be completed prior to other work on the final plan. The planning module for land development shall be a part of the requisite materials accompanying the final plan submission.

(7)

The subdivider or developer shall submit 20 prints of the final subdivision or land development plan and at least 20 copies of all other required information. All preliminary plans, accompanying information and a completed application form must be submitted to the Borough for review not less than 14 days prior to the meeting of the Planning Commission at which it is to be considered.

(8)

Upon receipt of the final plan, after reviewing it with the Borough Engineer, if any, the Borough Manager shall forward five copies of the plan and other materials to the Planning Commission for review and recommendation; one copy of the plan and all other material to the Allegheny County Conservation District for review and comments; two copies of the plan and one copy of all other material to the County Planning Commission; one copy of the plan and all other material to the Borough Engineer; and any other copies to such other municipalities and agencies whose recommendation would be pertinent to the processing of the plan.

Review of final plan. The Planning Commission will review the plan and requisite materials for compliance with the approved preliminary plan and for conformance to the requirements of this Part 1. The Planning Commission shall act on the final plan within 60 days of the official filing date or at such later time as shall be permitted by law.

Planning Commission recommendation.

The Planning Commission shall recommend to the Council whether the final plan shall be approved, approved with modifications or disapproved and shall notify the Council, in writing, thereof, including, if approved with modifications or disapproved, a statement of reasons for such action. The Council shall, however, have the right to override any such recommendation, subject to the provisions of this Part 1.

In making its recommendation, the Planning Commission shall consider the recommendations of the Borough Engineer, if any; the County Planning Commission; the Allegheny County Conservation District; and the recommendations of any agency or agencies from which a review was requested under Subsection A(8) of this section.

Resubmission of final plan. When the Planning Commission recommends disapproval, the subdivider or developer may resubmit the final plan. The resubmitted plan shall be considered to be a new plan in all respects, including establishing a new official filing date, and the disapproved plan shall be deemed to have been withdrawn by the subdivider.

Approval of final plan.

The Council will not act on the final plan unless it is accompanied by a guaranty for the installation of improvements which meets the requirements of § 113-45 hereof.

The Council shall take action within 90 calendar days from the official filing date of the final plan or at such later date as shall be permitted by law. Failure to do so shall be deemed an approval.

The Council shall notify the applicant, in writing, of its decision to approve, approve with conditions or disapprove the final plan. Such notice shall be given to the applicant in person or mailed by certified or registered mail to him/her at his last known address not later than 15 days following the decision. If the final plan is disapproved, the Council shall specify the defects found in the plan and the requirements which have not been met, including specific reference to the provisions of any statute or ordinance which have not been fulfilled.

(4)

If the final plan is approved subject to conditions, the Council and the Planning Commission shall not endorse the plan until all of the conditions have been met.

(5)

If the Council approves the final plan or grants a conditional approval, it shall set the amount of bonding or other security necessary to guarantee the construction of improvements and community facilities and shall state such amount in the notice to the applicant.

Recording of final plan.

Upon approval of the final plan, the subdivider or developer shall prepare one transparent reproduction of the original final plan on stable plastic base film and no fewer than two prints, which shall be submitted to the Borough no less than 30 days after approval. These plans, upon satisfaction of all conditions attached to the approval, will be signed on behalf of the Council. A copy of the signed final plan shall be recorded in the office of the Allegheny County Recorder of Deeds within 90 days after approval of the final plan or the approval of the Council shall be null and void. The final plan must be recorded before proceeding with the sale of lots or construction of buildings. Two copies of the recorded plan shall be provided to the Borough immediately after recording.

Dedication of streets and other areas.

(a)

Recording the final plan shall be an irrevocable offer to dedicate all streets and other public ways to public use and to dedicate or reserve all park reservations and other public areas to public use unless reserved by the subdivider as hereinafter provided. The approval of the final plan shall not impose any duty upon the Borough concerning maintenance or improvements and shall not require the acceptance of any streets so dedicated.

(b)

The subdivider may place a notation on the final plan to the effect that there is no offer of dedication to the public of streets and certain designated public areas, in which event the title to such areas shall remain with the owner, and the Borough shall assume no responsibility for improvement or maintenance thereof, which fact shall also be noted on the final plan.