Unless otherwise expressly stated herein, the
following expressions shall have, for the purposes of this Part 3,
the following meanings:
The combination and interrelationship of intrinsic and extrinsic
physical, chemical, biological, historical, economic, social, demographic
and aesthetic factors and conditions that may affect and influence
the growth and development of an individual or a community.
A detailed comprehensive written report submitted to the
Council, as required by this Part 3, by a land developer, which identifies
and evaluates all relevant environmental impacts and resulting community
benefits which may be associated with a proposed land development.
Any person, group, partnership, unincorporated association
or corporation or other entity engaged in land development as a principal
rather than as an agent, representative or contractor.
A subdivision of land; the construction, fabrication or installation
of a nonresidential structure or two or more multifamily dwelling
units on one unsubdivided tract of land.
A written statement by a land developer submitted to Edgeworth
Borough Council, including any relevant supporting documents, which
describes and summarizes any potential environmental impacts and community
benefits which may result from the implementation of a proposed land
development.
The Borough of Edgeworth hereby creates the
Edgeworth Environmental Advisory Council (hereinafter referred to
as the "Environmental Advisory Council").
A.
Duties.
(1)
The Environmental Advisory Council shall function
to advise the Council of the Borough of Edgeworth on matters dealing
with the development, protection, conservation, management, promotion
and use of natural resources, including air, land and water resources,
located within the Edgeworth community.
(2)
The Environmental Advisory Council shall be empowered
to:
(a)
Identify environmental problems and recommend
plans and programs to the Edgeworth Borough Council for the promotion
and conservation of natural resources and for the protection, maintenance
and improvement of the quality of the environment within Edgeworth
Borough.
(b)
Make recommendations as to the possible use
of open land areas of Edgeworth Borough.
(c)
Promote a community environmental program.
(d)
Keep an index of all open areas, publicly or
privately owned, including but not limited to steep slopes, flood-prone
areas, swamps, streams, watersheds and any other unique natural areas,
for the purpose of obtaining information on the proper use of such
areas.
(e)
Keep abreast of technical literature, reports
and documents relevant to the development of land in the Edgeworth
community.
(f)
Maintain liaison with appropriate municipal,
state or federal departments or agencies concerned with the quality
of life and the protection of the environment.
(g)
Advise the Council on the acquisition of property,
both real and personal, by gift, purchase, grant, bequest, easement,
devise or lease in matters dealing with the purposes of this Part
3.
B.
Membership, term of office and expenses. The Environmental Advisory Council shall be composed of no fewer than three nor more than seven residents of Edgeworth Borough, who shall be appointed by the Edgeworth Borough Council for a term of three years, except that initial appointments shall be so staggered that the terms of approximately 1/3 of the membership shall expire each year, the terms of their successors to be of three years each. Members shall receive no compensation for their services but shall be reimbursed for all expenses incurred by them in the performance of their duties in accordance with this Part 3. The Edgeworth Borough Council shall designate the Chairman of the Environmental Advisory Council and fill vacancies as may become necessary.
A.
A land developer shall file a notice of proposed land development for any proposed land development to be undertaken within the Borough of Edgeworth. Such notice of proposed land development shall clearly state the proposed development for which approval is requested and shall be timely provided to the Edgeworth Borough Council and consistent with the complexities and potential environmental impacts of the proposed land development; but in no event shall such notice of proposed land development be submitted less than 30 days prior to the intended initiation of the proposed land development. Such an intended initiation shall include but shall not be limited to the submission of a proposed subdivision plan or land development plan, as required and defined in Part 1 of this chapter, to the Borough for approval.
B.
Content of notice of proposed land development. The
content of a notice of proposed land development shall be sufficient
to inform the Edgeworth Borough Council of the magnitude and complexity
of the proposed land development and to summarize potential environmental
impacts and community benefits which may be associated with the proposed
land development and shall include:
(1)
A description of the land on which development is
proposed.
(2)
A description of the uses served by the land prior
to the implementation of the proposed land development.
(3)
A description of the proposed land development, including
copies of any relevant documents relating thereto.
(4)
A summary of all potential environmental, ecological,
economic and/or social impacts and/or benefits which may be associated
with the proposed land development.
C.
Assessment of environmental impact. The Council shall evaluate, having consulted with the Environmental Advisory Council, all information and data contained in any notice of proposed land development submitted in accordance with this section of this Part 3 and make a determination of the potential environmental impacts and community and regional benefits associated with the proposed land development.
(1)
The Council shall disapprove a proposed land development
if it determines that such development will result in:
(a)
Nonconformity with the goals and objectives
of relevant state or federal statutes, provisions of relevant state
or federal statutes to the extent that the Borough is empowered to
administer and enforce the same, regulations, land use plans, policies,
controls or relevant provisions of any municipal ordinance; or
(b)
A significant number of unacceptable adverse
environmental impacts, minimal community benefits or any combination
thereof.
(2)
The Council shall approve a proposed land development if it determines that such development is in the public interest and that it will result in minimal and acceptable environmental impacts on the Edgeworth community and surrounding region in relationship to and in comparison with the resulting community and regional benefits achieved thereby. If the Council deems it necessary, the Council may require that the land developer file an environmental report pursuant to § 113-60 of this Part 3, which environmental report shall provide any additional data and information relevant to the potential environmental impacts and community and regional benefits which may be associated with the proposed land development.
A.
An environmental report shall be prepared and submitted to the Edgeworth Borough Council by any land developer who has filed a notice of proposed land development with the Council pursuant to § 113-59 of this Part 3 if the Council determines that such additional information as may be contained therein is necessary to properly evaluate all relevant environmental impacts and benefits associated with the proposed land development. Such environmental report shall be timely provided to the Edgeworth Borough Council consistent with the complexities and potential environmental impacts of the proposed land development, but in no event shall such environmental report be filed less than 90 days prior to the intended initiation of the proposed land development.
B.
Content of environmental report. Any environmental report submitted by a land developer pursuant to this section shall provide all information needed by the Edgeworth Borough Council to properly identify, document, evaluate and weigh all environmental impacts and community and regional benefits which may be associated with the proposed land development pursuant to and in accordance with the goals and objectives of this Part 3 and the laws and regulations of the Commonwealth of Pennsylvania. The presentation of such data and information shall be clear and concise and yet be of sufficient scope and detail and include any such relevant information which will be necessary for the Council to determine the overall effects of the proposed land development on environmental quality and on the health, safety and general welfare of the Edgeworth community and the surrounding region. Although the scope, detail and emphasis of the environmental report may vary depending primarily upon the magnitude and complexity of the proposed land development, such scope, detail and emphasis shall reflect the consideration of and be commensurate with the magnitude and complexity of the proposed land development and fully describe all factors relevant to environmental quality and the health, safety and welfare of the Edgeworth community and surrounding region. The environmental report may identify, document, describe, consider and/or discuss each of the following factors with respect to any potential environmental impacts or community benefits which may be associated with the proposed land development.
(1)
The location and purpose of the proposed land development.
(2)
The identification of any alternative locations which
may also be suited for the proposed land development.
(3)
A schedule for the initiation, implementation, construction,
completion and operation of the proposed land development.
(4)
A detailed characterization and description of existing
environmental quality at the proposed location and in the vicinity
of the proposed land development as well as at any alternative locations
which may also be suited for the proposed land development. Such characterization
and description may include consideration of topography, soils, vegetation,
wildlife, geology, surface and groundwater hydrology, water quality,
flood and drainage problems, aquatic life, aesthetic factors, open
space and historical considerations, demography, existing and future
land use needs, community population projections, impact on community
economy, real estate values, services (including oil, water, gas,
electricity, sewage and sanitary services, schools, churches, hospitals,
fire and police protection and transportation), traffic patterns,
meteorology, air quality and community noise levels.
(5)
An identification, characterization and discussion
of all environmental impacts and community benefits which may result
from the approval of the proposed land development, including impacts
associated with:
(a)
The construction, operation and maintenance
of any structure, components or facility which will result from the
land development.
(b)
The commitment of any natural resources resulting
from the proposed land development.
(c)
The extent to which the proposed land development
will narrow the range of future uses of land and/or present risks
to the health, safety, morals and general welfare of the Edgeworth
community.
(d)
The effects of the proposed land development
on property values in the Borough of Edgeworth.
(e)
Whether the proposed land development may interfere
with attaining or maintaining compliance with any relevant municipal,
state or federal laws, regulations and/or ordinances pertaining to
air pollution (including transportation control strategies contained
in the Pennsylvania Implementation Plan, adopted pursuant to relevant
provisions of the Clear Air Act, 42 U.S.C. § 1857 et seq.),
water pollution, noise pollution, erosion control, stream encroachment,
stormwater management [including compliance with the goals and objectives
of the Stormwater Management Act, Act of October 4, 1978, P.L. 864,
No. 167, § 1 et seq., 32 P.S. § 680.1 et seq.
(Supp.)], natural hazards and land use planning.
(f)
The current need which now exists and/or the
future needs which may develop for the proposed land development within
Edgeworth Borough, as well as within Allegheny County and/or within
any neighboring political subdivisions, where relevant.
(6)
The identification and discussion of all measures
which may and/or will be taken in order to maximize the community
benefits associated with the proposed land development while minimizing
associated adverse environmental impacts. Such discussion may consider
any relevant methods and/or measures which may be involved in the
planning, design or operation of any structure or facility associated
with any proposed land use and may furthermore include a discussion
of all mitigating measures and pollution control technology which
may be implemented to minimize resulting adverse impacts.
(7)
The financial responsibility of the land developer
as it may reflect his ability to successfully undertake and complete
the proposed land development consistent with the maintenance of environmental
quality and a documentation and description of any other land development
activities undertaken by the land developer which may be relevant
thereto.
(8)
A summary of the potential impacts which may be associated
with the proposed land development and a categorization and ranking
of the primary and alternative locations with respect to any such
environmental impacts.
(9)
A summary of the potential community benefits which
may be associated with the proposed land development and a categorization
and ranking of the primary and alternative locations with respect
to any such community benefits.
(10)
A comparison of all environmental impacts and
community benefits which may be associated with the proposed land
development as may be relevant to the needs and general welfare of
the Edgeworth community.
All books, research reports, correspondence
and other documents (including all municipal, state or federal permits),
including any documents which may provide data or information relevant
to the Council's evaluation and assessment of the potential environmental
impacts and community benefits which may be associated with a proposed
land development, shall be properly referenced in any notice of proposed
land development or environmental report filed pursuant to this Part
3. Copies of all such relevant documents shall be made available to
the Council at its request.
The Council of the Borough of Edgeworth may
reject any notice of proposed land development or environmental report
as incomplete, incompetent or otherwise inadequate where the data,
information, analysis, interpretations or conclusions contained therein
are insufficient to allow the Council to render a reasoned decision
regarding the potential environmental impacts and community benefits
which may be associated with any proposed land development or where
any notice of proposed land development or environmental report has
otherwise not been prepared or submitted in accordance with this Part
3.
Any land developer filing a notice of proposed
land development or an environmental report pursuant to this Part
3 shall advance Edgeworth Borough any costs and expenses which may
reasonably be expected to be incurred in the analysis and evaluation
of any data and information contained in any such notice of proposed
land development or environmental report. Such costs and expenses
may include but need not necessarily be limited to costs incurred
in retaining independent consultants to aid the Council in such analysis,
as well as costs and expenses incurred by the Council in assessing
the environmental impact or community benefits associated with the
proposed land development or in the publication and/or dissemination
of any such assessment or determination made by the Council in accordance
with this Part 3.
The Council of the Borough of Edgeworth may,
as a condition to approval of any land development, impose any changes
or modifications in the design, planning or implementation of any
proposed land development, including modifications at a later date,
at the time for the granting of a building permit or other stage of
development in connection with the construction and operation of any
structures or facilities which may be located thereon, and further
restrict or limit such land development as may be necessary to reduce
or mitigate adverse environmental impacts associated with the proposed
land development.
Where the Council of the Borough of Edgeworth
determines that it would be advantageous to hold one or more public
hearings regarding a proposed land development, particularly where
significant public interest and controversy exists as may be evidenced
by written comments filed with the Council and where additional input
from various sources may assist it in its decision with regard to
the proposed land development, the Council may, in its discretion,
hold such a hearing or hearings.
A.
If a hearing is held, the following procedures shall
apply:
(1)
At least five days in advance of the date set for
the hearing, the Council shall publish notice of the hearing in a
newspaper of general circulation among the residents of the Borough,
shall post a copy of the notice prominently at the Borough Building
and shall give notice individually to:
(a)
The land developer.
(b)
The owners of any land abutting the land upon
which the subject development is proposed.
(c)
Each person who has filed written comments on
the notice of proposed land development or environmental report with
the Council.
(d)
Any other person that has filed a request to
receive notices of hearings in general and has paid a reasonable fee
therefor.
(2)
The notice shall give the time and place of the hearing,
contain a statement describing the subject matter of the hearing and
specify the member of the Council or the Borough official from whom
additional information can be obtained.
(3)
The hearing shall be held before the Council, and
the President of the Council shall act as the presiding officer.
(4)
Any person desiring to be a witness at the hearing
for the purpose of giving testimony relevant to the subject matter
of the hearing shall file with the Council, no later than the day
preceding the hearing date, a written statement giving his name and
address and signed by him/her. The Council shall, to the greatest
extent possible, give all persons who timely file the aforementioned
statement the opportunity to offer testimony, but the Council may
impose reasonable limitations on the number of witnesses heard and
on the nature and length of their testimony, particularly where one
person can adequately present the viewpoint of a group of persons
with similar interests.
(5)
All testimony at the hearing shall be under oath or
affirmation. The President of the Council may administer oaths.
(6)
A record of the hearing shall be made by a court reporter
or sound recording, and any person shall have the opportunity to review
the transcript or listen to the recording at any reasonable time.
The record shall be maintained for a period of six months after the
decision is rendered by the Council.
B.
In deciding whether a public hearing is appropriate,
the Council shall consider:
(1)
The magnitude of the proposed development in terms
of economic costs, the geographic area involved and the uniqueness
or size of the commitment of the resources involved.
(2)
The degree of interest in the proposed development
as evidenced by requests that a hearing be held.
(3)
The complexity of the issues and the likelihood that
information will be presented at the hearing which will be of assistance
to the Council in reaching a decision.
(4)
The extent to which public involvement already has
been achieved through other means such as written comments filed with
the Council.
Edgeworth Borough shall be empowered to seek
the judicial restraint of any land development to be undertaken or
which has been initiated within the Borough of Edgeworth without the
prior approval of the Edgeworth Borough Council as required by this
Part 3. In addition, any party violating any of the provisions of
this Part 3 shall, upon conviction thereof, for each and every violation,
be sentenced to pay a fine of not more than $300, and costs of prosecution,
and, in default of payment of such fine and costs, to imprisonment
for a period not exceeding 30 days. Each violation of the provisions
of this Part 3 shall constitute a separate offense.
