[Ord. 571, 3/10/1998, § 3.1]
1.
Purpose. This section specifies procedures for review and approval
of proposed subdivisions and land developments and for the recording
of plans after their approval.
2.
Organization of Article.
A.
Advisory Review Procedures. Section 22-302 describes procedures for advisory review of applications to be submitted to the Borough.
B.
Review and Approval Procedures. Section 22-303 specifies procedures for review and approval of preliminary and final applications that are submitted to the Borough.
[Ord. 571, 3/10/1998, § 3.2]
1.
Application. The procedures specified in this section shall apply
to the review of subdivision and land developments to be located in
the Borough.
2.
Transmittal of Applications for Advisory Review. A copy of a request
for advisory review of a subdivision or land development plan may
be submitted to the Commission, care of the Borough Engineer, at any
time.
3.
Nature of Advisory Review. Advisory reviews are for the purpose of
general introduction of the project and a discussion of the applicable
requirements. Any advisory comments or reactions shall not be binding
on the Commission or any official of the Borough. Advisory review
shall in no way constitute any sort of approval.
4.
Materials for Advisory Review. The applicant shall submit those plans and data as are reasonably necessary to understand the nature and scope of the intended application for subdivision or land development. There are no specific requirements of documentation; however, the applicant is should consider including some of all of the items listed in § 22-401 of this chapter.
[Ord. 571, 3/10/1998, § 3.3; as amended by Ord.
623, 2/14/2006]
1.
Application. The procedures specified in this section shall apply
to all subdivisions and land developments in the Borough.
2.
Pre-application Meeting. The applicant may request a pre-application
meeting with the Borough Engineer to discuss the proposed subdivision
or land development and to review the requirements of this chapter
in relation to the proposed project.
A.
Sketch Plan. Prior to the meeting, the applicant shall 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 pre-application meeting should be prepared in accordance with § 22-401 of this chapter, but shall not constitute an application for preliminary or final approval.
B.
Scheduling of Meeting. The Borough Engineer shall review the materials
and schedule the pre-application meeting within 14 consecutive days
from the date of submission of the sketch plan and supporting materials.
If the Borough Engineer feels that additional information is needed,
the fourteen-day period may be extended by mutual agreement.
C.
Result of Meeting. Based on the Borough Engineer's 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 Council, and of potential impacts that may require special
attention.
3.
Preliminary Plan Review and Approval.
A.
Submission of Applications. Applications may be submitted to the Commission on any business day and shall include all information and drawings specified in § 22-402.
(1)
Number of Copies. Four complete copies of the application and
all supporting site and plan drawings and information shall be submitted
to the Commission.
(2)
Application Form. Applications must include a copy of the Commission's
form entitled "Subdivision and Land Development Application" which
has been completed by the applicant.
(3)
Fee Required. A filing fee, in the form of a check or money
order payable to the Borough of West Homestead, shall accompany the
application. The amount of the fee shall be in accordance with a fee
schedule adopted by resolution of Council.
(4)
Official Filing Date. The official filing date of receipt of
the application at the Borough Secretary's Office of the Borough.
Applications may be submitted in person, by courier, by express mail
or by first class mail. Facsimile submissions do not constitute submissions.
Fees must be paid at the time of submission. Submissions must be made
at least 21 days prior to the date of the Commission meeting at which
the application is to be considered.
B.
Distribution of Copies. The Borough Engineer shall forward one complete
copy of the application and submission materials to the Department.
The applicant shall provide with its preliminary application a list
of all agencies who will be required to approve some aspect of the
plan prior to its final approval by Council. Such list shall indicate
the status of transactions with such agencies. These agencies may
include, but are not limited to:
(1)
Pennsylvania Department of Transportation (PennDOT) if site
abuts or is traversed by a state road.
(2)
Pennsylvania Department of Environmental Protection (DEP) for
sewage facilities, stream encroachments, wetlands, contaminated sites,
and other environmental permits.
(3)
Allegheny County Department of Engineering and Construction
if 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)
West Homestead Volunteer Fire 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 "Notice of Proposed
Construction or Alteration."
C.
Review Meeting. The Commission shall formally review the application
at a public meeting held not later than 30 days after the official
filing date.
D.
Optional Hearing. The Commission 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.
E.
Commission's Recommendation. The Commission at a public meeting,
after review and hearing, if held, shall make it recommendations to
Council. Such recommendation to Council shall be in writing and shall
be either to approve the preliminary plan as submitted, to approve
the plan subject to conditions, or to disapprove the plan. Additionally,
such recommendation shall be communicated to the applicant at his
last known address or in person not later than 15 days following the
date of the Commissions's recommendations.
F.
Decision of Council. Council's 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 by the Commission unless the applicant
agrees in writing to an extension of time.
(1)
Written Decision. The decision of Council 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.
(2)
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 Council was mailed or
delivered to the applicant or the approval shall be automatically
rescinded.
(3)
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 this chapter which have not been met.
G.
Deemed Approval. Failure of council 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.
H.
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.
4.
Final Plan Review and Approval.
A.
Submission of Applications. Applications shall be submitted in the same manner as specified for preliminary applications in Subsection 3 except that a filing fee shall not be required for final plan applications.
(1)
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.
Distribution of Copies. The Borough Engineer shall forward one complete
copy of the application and submission materials to the Department.
C.
Review Meeting. The Commission shall formally review the application
at a public meeting held not later than 30 days after the official
filing date.
D.
Commission's Recommendation. The Commission at a public meeting,
shall make it recommendations to Council. Such recommendation to Council
shall be in writing and shall be either to approve the final plan
as submitted, to approve the plan subject to conditions, or to disapprove
the plan. Additionally, such recommendation shall be communicated
to the applicant at his last known address or in person not later
than 15 days following the date of the Commissions's recommendations.
E.
Decision of Council. After receipt of the Commission's recommendations,
a decision by Council 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.
F.
Approval of the Final Plan. Council shall grant final approval if
all of 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 § 22-106.
(3)
The Borough Engineer has examined the plans and construction
drawings and certifies that the proposed subdivision or land development
is in accordance with all applicable municipal engineering requirements,
including but not limited to zoning, floodplain management, stormwater
management, grading, and construction standards.
(4)
All necessary permits and approvals from other governmental
agencies, service providers, and utility providers have been obtained.
(5)
All improvements have been constructed in accordance with applicable standards, inspected by the Borough Engineer, and approved by Council; or financial security to guarantee the construction of required improvements has been deposited with the Borough, both in accordance with Subsection 6 hereunder.
G.
Conditional Final Approval. Council 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 Borough. If
a condition will affect the use of land or any other matter depicted
upon the final plan, Council may require that the condition be noted
upon and recorded with the plan.
H.
Disapproval. Council 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.
I.
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 3E.
J.
Deemed Approval. Failure of Council 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.
K.
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.
(1)
Where final approval is preceded by preliminary approval, the
five-year period shall be counted from the date of the preliminary
approval.
(2)
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.
5.
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.
A.
Schedule for Phases. The preliminary plan shall include a schedule
for the submission of final plans for each section.
B.
Final Plans for Phases. Following approval of the preliminary plan
for the entire land area, final plans may be submitted for each section.
(1)
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.
(2)
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 Council
such other percentage needed to ensure an acceptable living environment
for residents while development is ongoing.
(3)
Provided 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 Borough 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.
(4)
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.
6.
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.
A.
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:
(1)
All other components of the application for final approval have
been approved by the Council.
(2)
All necessary permits and approvals from other agencies have
been obtained.
(3)
Construction drawings for all improvements have been approved
by the Borough Engineer and Borough Council.
(4)
A development agreement between the applicant and Borough, which
is in accordance with applicable provisions of the MPC and acceptable
to the Borough Solicitor, has been executed, which specifies procedures
and responsibilities for construction, inspection, and approval of
all improvements.
B.
Approval of Final Plat Following Completion of Improvements.
(1)
Following completion of all improvements in accordance with
the specifications and plans, the applicant shall submit to the Council
a signed statement signed 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.
(2)
Thereafter, the Council shall approve the final plat for recording,
and the Engineer shall sign the notation of approval on the plat.
C.
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.
(1)
The amount and form of the financial security shall be as specified
in § 509 of the MPC.
(2)
When requested by the applicant, in order to facilitate financing,
and provided that all other requirements for final approval have been
met, the Council 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
Council.
(3)
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 Council, 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.
(4)
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.
7.
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.
[Ord. 571, 3/10/1998, § 3.4]
1.
Application. This section offers an option to combine preliminary
and final applications for minor subdivisions and land developments
and a simple sign-off process for plat adjustments.
2.
Minor Subdivisions and Land Developments. The Borough 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 § 22-302, Subsection 4A, or § 22-303, Subsection 4A, except that a fee shall be required.
[Ord. 571, 3/10/1998, § 3.5]
1.
Application. The requirements of this section apply to all plans
that are to be recorded in Allegheny County.
2.
Drafting Standards. All final plans for recording shall be prepared
in accordance with administrative regulations issued by the recorder
of deeds 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.
3.
Required Certifications and Notations. Certifications, notations,
and approvals required on final plans for recording are included in
Appendix 2.
[Ord. 571, 3/10/1998, § 3.6]
1.
Requirement. In addition to the plan prepared for recording, the
applicant shall submit a computer-readable file, produced in accordance
with specifications set forth by the Allegheny County GIS Administrator,
which, when imported into the county's geographic information
system (GIS), shall provide a true and complete display of the subdivision
or land development plan, in correct geographic location, on the county's
GIS computers, configured in appropriate coverage layers.
2.
Content. The computer readable file shall include all information
contained on the finally approved plan and shall be submitted at the
same time that the plan is submitted for recording.
3.
Surveyor's Signature Not Required. In order to relieve the surveyor
of liability for alterations that may be made to the file after its
submittal, the digital subdivision file shall not carry the surveyor's
seal or signature.
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Note: The provisions of this § 22-306 are intended to become effective immediately after Allegheny County converts its lot and block maps and other property maps to digital form and incorporates them into its geographic information system data base. Changes in property lines that occur after that conversion will be entered into the land records systems in digital format and will no longer be entered manually. Plan transparencies will continue to be submitted for recording and microfilming.
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The provisions of § 22-306 will be enacted as an amendment to the ordinance, pursuant to the procedures for public notice, hearing, and notice of enactment specified in the MPC.
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