Classification of subdivision. Whenever any major or minor subdivision
of land or land development is proposed, before any permit for the
erection of a structure in such proposed subdivision or land development
shall be granted, the owner, or his authorized agent, shall apply
for and secure approval of such proposed subdivision or land development
in accordance with the following procedures for subdivision and land
development.
A.
Preapplication consultation. Prior to filing an application for approval
of a subdivision or land development within the Borough of Verona,
the owner or his authorized agent shall meet with the Borough Engineer
for an official classification of his proposed subdivision or land
development. The Borough Engineer shall advise the owner or his authorized
agent as to which of the procedures contained herein must be followed.
B.
Official filing date.
(1)
For the purpose of this chapter, the official filing date shall be
the date of the regular meeting of the Planning Commission next following
the date the application and plans are received in the Municipal Building,
provided that, should said regular meeting occur more than 30 days
following the submission of the application, the official filing date
shall be the 30th day following the day the application has been submitted.
(2)
Upon receipt of an application for subdivision or land development
approval, the Borough Engineer shall affix to the application both
the date of submittal and the official filing date.
C.
Allegheny County Planning Commission review. The Borough of Verona
shall submit all applications for subdivision or land development
to the Allegheny County Planning Commission for review in accordance
with its then prevailing rules and regulations, provided that the
Borough of Verona shall not approve such applications until the County
report is received or until the expiration of 30 days from the date
the application was forwarded to the Allegheny County Planning Commission.
The Borough of Verona shall forward to the subdivider a copy of any
report of the County Planning Commission.
A.
All filing, inspection and engineering fees shall be submitted to the Borough of Verona pursuant to Article V of the Municipalities Planning Code and this chapter.
B.
Plan filing fee. A filing fee shall accompany the preliminary plan.
No application shall be accepted or acted upon unless payment is made
to the Borough of Verona. The Borough Council shall create by resolution
a schedule of fees to be paid by the subdivider or land developer
to defray the cost of administering and processing of plans. The schedule
of fees may be changed from time to time by resolution of the Borough
Council.
C.
Inspection and engineering fees.
(1)
The applicant shall pay the appropriate fees as fixed from time to
time by separate resolution of the Borough Council for the following
services:
(a)
Reviewing the plan's engineering details.
(b)
Inspecting the layout of the site for conformance to the survey
and plan.
(c)
Reviewing the results of the soils tests.
(d)
Preparing cost estimates of required improvements.
(e)
Inspecting required improvements during installation.
(f)
Final inspection on completion of installation of the improvements.
(2)
An applicant shall, by filing a plan, be then obligated to pay the
fees herein provided. The engineering fees required to be paid by
this section shall be promptly submitted to the Borough of Verona
by the applicant upon the submission of bills therefor to the applicant
from time to time by the Borough Council.
A.
Sketch plan. Prospective subdividers and developers are strongly urged to discuss possible development sites with the Planning Commission prior to submission of a preliminary plan. A sketch plan shall be presented for review not less than 10 days prior to the regular meeting of the Planning Commission at which it is to be considered. Submission of a sketch plan will not constitute a formal filing of a subdivision or land development plan with the Borough Council. Sketch plans should include those items listed in Article IV, Plan Requirements.
B.
Preliminary plan.
(1)
Submission of preliminary plans.
(a)
The preliminary plan and all information and procedures relating
thereto shall in all respects be in compliance with the applicable
provisions of this article. It is the responsibility of the subdivider
or developer to coordinate his plans with the respective private and
public service agencies.
(b)
The application form shall be accompanied by the requisite fee as set forth in § 220-9 of this article and by not less than three copies of all required material and not less than nine prints of the preliminary plan of the subdivision or development, as required by Borough resolution from time to time.
(c)
The Borough Engineer shall forward one copy of the preliminary
plan prints and one copy of the required material to the Allegheny
County Planning Commission and such other agencies as he deems appropriate
for review and comment.
(d)
The Engineer shall forward the remaining copies of the preliminary
copies of the preliminary plan prints and required materials to the
Planning Commission.
(e)
When applicable, the application form shall be accompanied by
a planning module for land development, as required by the Pennsylvania
Department of Environmental Protection.
(2)
Review of preliminary plans.
(a)
In cases where the subdivision or land development adjoins an
existing or proposed state highway or has proposed streets entering
onto state highways, the developer shall submit the plans to the Pennsylvania
Department of Transportation for review.
(c)
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 Borough Council to render its decision within
90 days following the date of the regular meeting of the Planning
Commission next following the date the application is filed, provided
that, should the said next regular meeting occur 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
has been filed. In the event that any variance from this chapter 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 Borough Council.
(3)
Planning Commission recommendations.
(a)
The Planning Commission shall recommend whether the preliminary
plan shall be approved, approved with modifications or disapproved,
and shall notify the Borough Council in writing thereof, including,
if disapproved, a statement of reasons for such action.
(b)
In making its recommendation, the Planning Commission shall consider the recommendations of the Borough Engineer, Borough staff, the Borough Building Inspector, the Allegheny County Planning Commission, interested residents, and the recommendations of any agency or agencies from which a review was requested under Subsection B(1)(c).
(4)
Borough Engineer review. All plans shall be reviewed by the Borough
Engineer, which approval shall precede the transmission of such plans
to the Borough Council.
(5)
Resubmission of preliminary plans. A revised plan submitted after
disapproval shall be considered and processed as a new plan submission.
(6)
Approval of preliminary plans.
(a)
The Borough Council shall act on the preliminary plan within
90 days following the date of the regular meeting of the Planning
Commission next following the date the application is filed, provided
that, should the said next regular meeting occur more than 30 days
following the filing of the application, the said ninety-day period
shall be measured from the 30th day following the date the application
has been filed. In the event that any variance from this chapter 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 Borough Council. Failure to do so shall be deemed an
approval unless the applicant has agreed in writing to an extension
of time or change in the prescribed manner or presentation of communication
of the decision, in which case, a failure to meet the extended time
or change in manner of presentation of communication shall have like
effect. Before acting on a preliminary plan, the Borough Council may
hold a hearing thereon after public notice.
(b)
The Borough Council shall notify the applicant of its decision
to approve, approve with conditions or disapprove the preliminary
plan in writing. Such notice shall be given to the applicant in person
or mailed to him at his last known address not later than 15 days
following the decision. If the plan is approved with conditions or
disapproved, the Borough 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 ordinance which have not been fulfilled.
(c)
Approval of the preliminary plan shall constitute approval of
the subdivision or land development as to the character and intensity
of development, 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 guarantees 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.
C.
Final plan.
(1)
Submission of final plans.
(b)
The final plan shall conform in all respects with 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
Engineer to the Planning Commission for review and recommendation
as a preliminary plan.
(c)
The subdivider or developer must submit with the initial plan a guarantee for the installation of improvements which meets the requirements of Article VI.
(d)
The application form shall be accompanied by the requisite inspection and engineering fees as set forth in § 220-9C.
(e)
Documented approval of the planning module for land development
by the Pennsylvania Department of Environmental Protection shall be
a part of the requisite materials accompanying the final plan submission.
(f)
The subdivider or developer shall submit a reproducible original
of the plans, nine prints of the final subdivision or land development
plans, and at least three copies of all other required information.
(g)
Upon receipt of the final plan, the Engineer shall forward the
original plans and five copies of the plans and one copy of all the
other material to the Planning Commission for review and recommendation;
one copy of the plan and one copy of all other material to the Allegheny
County Conservation District for review and comments; one copy of
the plan and one copy of all other material to the Allegheny County
Planning Commission; one copy of the plan to the Borough Building
Inspector; and copies to such other agencies whose recommendations
would be pertinent to the processing of the plan.
(2)
Review of final plans.
(3)
Planning Commission recommendations.
(a)
The Planning Commission shall recommend whether the final plan
shall be approved, approved with modifications or disapproved, and
shall notify the Borough Council in writing thereof, including, if
approved with modifications or disapproved, a statement of reasons
for such action.
(b)
In making its recommendations, the Planning Commission shall consider the recommendations of the Borough Engineer and staff, the Borough Building Inspector, the Allegheny County Planning Commission, the Allegheny County Conservation District, PennDOT, and the recommendations of any agency or agencies from which a review was requested under Subsection C(1)(g).
(4)
Borough Engineer review. All plans shall be reviewed by the Borough
Engineer, whose approval shall precede the transmission of such plans
to the Borough Council.
(5)
Resubmission of final plans. A revised plan submitted after disapproval
shall be considered and processed as a new plan submission.
(6)
Approval of final plans.
(a)
The Borough Council shall act on the final plan within 90 days
following the date of the regular meeting of the Planning Commission
next following the date the application is filed, provided that, should
the said next regular meeting occur 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 has been filed.
In the event that any variance from this chapter 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
Borough Council. Failure to do so shall be deemed an approval unless
the applicant has agreed in writing to an extension of time or change
in the prescribed manner of presentation of communication of the decision,
in which case a failure to meet the extended time or change in manner
of presentation of communication shall have like effect. Before acting
on a final plan, the Borough Council may hold a hearing thereon after
public notice.
(b)
The Borough Council shall notify the applicant of its decision
to approve, approve with conditions, or disapprove the final plan
in writing. Such notice shall be given to the applicant in person
or mailed to him at his last known address not later than 15 days
following the decision. If the plan is approved with conditions or
disapproved, the Borough 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 ordinance which have not been fulfilled.
(c)
If the final plan is approved subject to conditions, the Borough
Council shall not endorse the plan until all of the conditions have
been met.
(d)
If the Borough 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 pursuant
to §§ 509, 510 and 511 of the Municipalities Planning
Code[3] and this chapter.
[3]
Editor's Note: See 53 P.S. 10509, 10510 and 10511.
(7)
Recording of final plans.
(a)
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 less than four prints thereof,
which shall be submitted to the Borough not later than 30 days after
approval. These plans, upon satisfaction of all conditions attached
to the approval, will be signed by Borough Council. A copy of the
signed final plan shall be recorded by the subdivider or developer
in the office of the Allegheny County Recorder of Deeds within 90
days after approval of the final plan, or the approval of the Borough
Council shall be null and void. The final plan must be recorded before
proceeding with the sale of lots or construction of buildings.
(b)
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 reservation 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 Council
or Borough of Verona concerning maintenance of improvements by ordinance
or resolution.
(c)
The subdivider shall place a notation on the final plan if 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 of Verona shall assume no responsibility
for improvements or maintenance thereof, which fact shall be noted
on the final plan.