A.
This article shall apply to all subdivisions which
propose six or more lots and to all subdivisions which propose the
construction or improvement of any public improvement or other improvement
that will be dedicated to the Municipality, regardless of the number
of lots proposed.
B.
No person, firm or corporation proposing to make or
having made a subdivision within the area of jurisdiction of these
regulations shall proceed with any grading for roads or alleys before
obtaining from the Council the approval of the preliminary plat of
the proposed subdivision and any necessary application for conditional
use approval for such excavation that may be required by ordinance.
No deeds shall be recorded for lots in any subdivision before obtaining
from the Council the approval of the final plat of the proposed subdivision.
A.
Prior to filing an application for preliminary approval,
the applicant or his representative shall meet with the Director of
Community Development and other municipal officials to obtain application
forms and to discuss application procedures and applicable ordinance
requirements.
B.
In addition, the developer may request a preapplication
conference with the Planning Commission to discuss the conceptual
design for the development of the property and the feasibility and
timing of the application. The applicant shall contact the Director
of Community Development at least 10 calendar days prior to the regular
meeting of the Planning Commission to request a preapplication conference
with the Planning Commission.
C.
The preapplication conference with the Planning Commission
is voluntary and no formal application or fee is required. This opportunity
is afforded to the developer to obtain information and guidance before
entering into binding commitments or incurring substantial expenses
for plan preparation.
D.
While no formal application is required for a preapplication
conference, the applicant should provide one copy of readily available
information with the request for a preapplication conference which
will show the location of the property and any special features such
as streams, floodplains or other conditions that may affect the development
of the property. Readily available resources which may be used include:
the deed for the property; a property survey; the Tax Maps prepared
by the Westmoreland County Assessor's Office; USGS Quadrangle Map
showing natural features and topography; the National Flood Insurance
Administration (NFIA) Flood Hazard Boundary Maps; Natural Resources
Conservation Service Maps of soil types; and the U.S. Bureau of Mines
coal mine maps.
E.
A preapplication conference shall not constitute formal
filing of any application for approval of a subdivision, shall not
bind the Planning Commission to approve any concept presented in the
preapplication conference and shall not protect the application from
any subsequent changes in ordinance provisions which may affect the
proposed development between the preapplication conference and the
official date of filing of an application for preliminary approval
of a subdivision under the terms of this chapter.
A.
The applicant shall submit 14 copies of an application
for preliminary approval required by this chapter to the Director
of Community Development at least 28 calendar days prior to the regular
meeting of the Planning Commission. If the 28th day falls on a holiday,
the application shall be filed by the close of business on the immediately
preceding working day.
A.
An applicant may submit for a preliminary and final
application simultaneously, where no phases are proposed, given the
following standards and conditions:
(1)
The applicant shall submit all materials required
under each application's content, including final as opposed to preliminary
reports. The Planning Commission and Director of Community Development
shall evaluate the completeness of the application based upon the
submission of all required items. The acceptance of, rejection, approval,
or denial of the application shall be as a whole, wherein neither
preliminary or final may be separately accepted or acted upon.
(2)
All post-approval requirements, deadlines, and processes shall be governed by that noted under Article IV, Final Application for Approval for a Subdivision.
(3)
An applicant may submit for a preliminary and final
application simultaneously where phases are proposed and the final
application requests approval of the first proposed phase, given the
following standards and conditions.
(4)
The applications shall be processed separately in
accordance with the applicable sections of this chapter.
(5)
Approval of the preliminary plan shall be a condition
of final plan approval of the phase submitted for such approval.
A person or corporation desiring approval of
a plat of a subdivision of any land lying within the Municipality
shall submit a written application thereof to the Commission. Such
application shall be accompanied by the following information and
plans:
A.
Fourteen copies of the completed application form
supplied by the Municipality of Murrysville;
C.
Proof of proprietary interest;
D.
Written evidence of compliance with all other Municipality
of Murrysville, county, state or federal permits required for the
plan, if any. For purposes of application acceptance, proof of application
for such permits shall be acceptable.
E.
A written statement requesting any waivers or modifications to this chapter in accordance with Article XII, if applicable.
F.
Fourteen copies of a location map, showing:
(1)
The subdivision name and location.
(2)
Adjacent property.
(3)
Major existing thoroughfares related to the subdivision,
including the distance therefrom.
(4)
The title, graphic scale, North point and date. The
location map need not be a special drawing. The date may be shown
by notations on available maps or by a small sketch on the preliminary
plan.
G.
Fourteen copies of an existing conditions site map
(24 inches by 36 inches), showing:
(1)
Contours at vertical intervals of two feet if the
general slope of the site is less than 10% and at intervals of five
feet if the general slope is greater than 10% prepared by a registered
professional land surveyor or registered professional engineer. The
Commission may relieve the applicant of this requirement if, on application
by him setting forth his reasons, the Commission is of the opinion
that contours are not necessary in order to administer these regulations
properly in connection with the subdivision. In making such application,
the subdivider shall withhold submission of his preliminary plat until
the Commission has taken action on the application.
(2)
A land inspection sketch showing terrain features,
wooded areas, buildings and other natural or artificial features which
would affect the plan of the subdivision.
(3)
Tract boundary lines, showing dimensions, bearings
and corners prepared by a registered professional land surveyor or
registered professional engineer. If the developer intends to develop
a tract of land in phases, the preliminary plat shall include the
total tract.
(4)
Streets and rights-of-way on or adjoining the site,
including dedicated widths, roadway widths, approximate gradients,
types and widths of pavement, curbs, sidewalks and other pertinent
data.
(5)
Easements: locations, widths and purposes.
(6)
Existing utilities, including sanitary and storm sewers
and other drainage facilities, waterlines, gas mains, electric and
telephone utilities and other facilities.
(7)
Existing plotting of adjacent land within 500 feet
of the proposed subdivision and other conditions on the adjacent land,
including approximate direction and gradient of ground slope, including
embankments or retaining walls; character and location of buildings,
railroads, power lines, gas lines, towers and other nearby nonresidential
land uses or adverse influences; and owners of adjacent land.
(8)
Areas subject to periodic overflow from stormwater and/or areas within floodplain districts. Areas within floodplain districts must fulfill the requirements of Article X of this chapter in addition to any other applicable provisions in this chapter.
(9)
Other features or conditions which would affect the
subdivision favorably or adversely.
(10)
The title, graphic scale, North point and date.
(11)
Subsurface conditions of the tract, including
information regarding past mining activity and future possibility
of mine activity. If there are any seams of minable material within
300 feet of the surface, the subdivider shall be required to show
proof that he owns sufficient rights of support.
(12)
Soil boundaries and types, as shown on the Westmoreland
County Soil Survey.
H.
A preliminary plat of the subdivision, drawn to scale
of 50 feet to one inch or 100 feet to one inch shall be submitted
as a separate map or plan or as part of the site map. The preliminary
plat shall be 24 by 36 inches in size or made in multiples of this
size and cut along match lines and shall show:
(1)
The proposed name of subdivision.
(2)
The names and addresses of the applicant, owner, land
planning consultant, name, address, certification and seal of a registered
engineer or registered surveyor who prepared the plan, and the deed
book and page number and tax parcel identification number of the parcel
or parcels to be subdivided.
(3)
Street patterns, showing the names (which, when not
extensions of existing streets, shall not duplicate other names of
streets in the community, and subject to municipal approval in consideration
of Westmoreland County 911 standards) and widths of rights-of-way
of streets and widths of easements for alleys and approximate grades
of streets.
(4)
The layout of lots, showing approximate lot sizes
and lot numbers.
(5)
Parcels of land proposed to be dedicated or reserved
for schools, parks, playgrounds or other public, semipublic or community
purposes. Parcels shall be lettered A, B, C, etc. and the area of
each parcel in acres shall be shown.
(6)
A key plan, legend and notes; the same shall be sealed
by a registered engineer or surveyor whose name and address shall
be clearly shown.
(7)
Building setback or front yard lines.
(8)
The graphic scale, North point and date.
(9)
Date of preparation. All revisions shall be noted
and dated.
(10)
The names of all adjoining subdivisions.
(11)
The delineation of all phases labeled as Phase
I, II, and so forth.
(12)
Existing watercourses, jurisdictional wetlands,
tree masses and other significant natural features.
(13)
Location of existing buildings and all other
structures, including walls, fences, culverts and bridges, with spot
elevations of such buildings and structures. Structures to be removed
shall be indicated by dashed lines; structures to remain shall be
indicated by solid lines.
(14)
Areas subject to periodic flooding, if any,
as identified on the current flood maps issued by the Federal Insurance
Administration.
(15)
A slope map showing the location and the area
(in square feet) of land which has a slope of 25% or greater and that
having 40% or greater.
(16)
Boundaries of poor soils, as defined by the
Zoning Ordinance.
(17)
Existing streets and rights-of-way on or adjoining
the site, including dedicated widths, roadway widths, approximate
gradients, types and widths of pavements, curbs, the authority which
has jurisdiction; i.e., local, county, or state, sidewalks and other
pertinent data.
(18)
Tabulation of site data, including total acreage
of land to be subdivided, the number of residential lots, typical
lot size, the acreage in the subdivision and the acreage in any proposed
recreation or other public areas.
(19)
The location of all existing sewer lines, culverts,
or other underground structures, with pipe sizes and types, together
with a preliminary layout of necessary extensions of, or additional
sewer and waterlines, or other proposed underground utilities, and
indicating easements for public utilities, sewage and storm drainage.
I.
Proposals for disposition of stormwater and sanitary
waste that demonstrate the feasibility of the preliminary plat and
general site design.
J.
Proposed private improvements, if any. Such improvements shall include preliminary architectural elevations or depictions of recreational facilities proposed as per § 201-77 of this chapter.
K.
If applicable, a notation on the plat that access
to a state highway shall only be authorized by a highway occupancy
permit issued by the Pennsylvania Department of Transportation under
Section 420 of the State Highway Law. (P.L. 1242, No. 428 of June
1, 1945) and that the approvals of the Planning Commission and Council
are conditional, subject to action of the Pennsylvania Department
of Transportation pursuant to application for a highway occupancy
permit.
L.
A grading plan showing cuts and fills.
M.
Narratives demonstrating the feasibility of the overall
plan design in consideration of steep slopes, poor soils, wetlands,
grading, stormwater, and overall compliance with municipal, state,
and federal regulations and standards.
N.
Utility feasibility. Reports from all utilities (i.e.,
gas, water, electric, telephone and cable television) expected to
service the proposed subdivision or land development shall be submitted
with preliminary plat data. Such reports shall include, as a minimum,
a statement as to whether the utility involved has the capability
and facilities to serve the proposed subdivision or land development.
(1)
The sewerage systems report on the feasibility of
connection to any existing or proposed public sewerage system shall
be made.
(2)
If the subdivision can reasonably be served by the
extension of an existing public sanitary sewer, as determined by the
Planning Commission and the Franklin Township Municipal Sanitary Authority,
the developer shall be required to provide a system of sanitary sewer
mains and shall provide lateral connections for each lot.
(3)
If connection to an existing sewerage system is not
deemed to be feasible, the feasibility of constructing a separate
sewerage system and treatment works shall be investigated. This investigation
shall be documented and a report submitted with the application.
(4)
In the event that either option described above is
not feasible, consideration may be given to the installation of on-lot
sewerage disposal systems for the subdivision, as shall comply with
applicable law. The information contained in a registered engineer's
or registered surveyor's report shall include a detailed map of the
physical conditions of the site, showing contours, finished grades,
watercourses, groundwater table elevations, etc., and the results
of soil absorption tests for each individual lot, conducted in accordance
with the recommended practices of the applicable law.
O.
Preliminary environmental and community impact study.
An environmental impact study shall be prepared and submitted with
the application. The environmental impact study shall describe, identify
and analyze all environmental aspects of the site and of neighboring
properties that may be affected by the proposed operations or the
ultimate use proposed to be conducted on the site. The limits of the
impact area to be studied shall be reviewed and approved by the Planning
Commission. The environmental impact study shall include, but not
be limited to, all critical impact areas on or off site that may be
impacted by the proposed or ultimate use of the facility, including
the impact on the critical areas, the protective measures and procedures
to protect the critical areas from damage, and the actions to be taken
to minimize environmental damage to the critical areas on the site
and surrounding areas during and after completion of the operation.
Critical impact areas include, but are not limited to, stream corridors,
streams, wetlands, slopes in excess of 25%, Class I agricultural lands,
highly acidic or erodible soils, carbonate or highly fractured bedrock,
aquifer recharge and discharge areas, areas of unique or protected
vegetation, wildlife habitat, and areas of historic, cultural and/or
archaeological significance. Additionally, the applicant shall submit
a preliminary statement concerning the general impact on schools,
recreation, transportation, police, and other municipal services in
consideration of projected demographics and property assessments.
P.
Traffic impact study (TIS), where applicable.
Q.
A draft of the protective covenants or private restrictions
is to be incorporated in the subdivision plat as they relate to compliance
with the standards of this chapter.
R.
A schedule of completion, wherein phases are denoted
which specify the year of final application filing anticipated along
with the number of lots in each phase.
A.
Where an application is filed in a timely manner, as specified in § 201-19, the Director of Community Development shall consult with the Planning Commission at the next public meeting of the Commission concerning the status of the application. The Commission shall accept or reject the application based upon the requirements of § 201-21 as complete in content and properly filed. The Director of Community Development shall issue a letter to the applicant within seven days of said meeting detailing the basis for acceptance or rejection and citing applicable sections of this chapter. The date of the Planning Commission meeting at which the preliminary application is accepted as complete and properly filed shall be the official date of filing of the application and shall represent the beginning of the sixty-day period for Planning Commission review and recommendation on the application, unless the applicant agrees, in writing, to an extension of time.
B.
Upon acceptance of the application material as properly
filed, the Director of Community Development shall forward one copy
to the Municipal Engineer, one copy to the Franklin Township Municipal
Sanitary Authority, one copy to the Murrysville Municipal Parks and
Recreation Commission, one copy to the Environmental Advisory Council
and one copy to Westmoreland County Planning Department. The municipal
boards and commissions shall submit their recommendations to the Planning
Commission within 20 days of receipt of the proposed preliminary plat
as accepted by the Planning Commission. During the sixty-day review
period, the Municipal Engineer shall provide preliminary review comments
to the Planning Commission and the applicant.
C.
Within 60 days of the official date of filing of the
preliminary application, the Planning Commission shall hold a public
hearing immediately prior to its regular meeting. The Planning Commission
shall recommend either approval, approval with conditions or disapproval
of the preliminary application at a public meeting. In the case of
a recommendation for disapproval, the Planning Commission recommendation
shall cite the specific requirements of this chapter which have not
been met.
[Amended 11-3-2010 by Ord. No. 816-10]
A.
The Municipal Engineer shall present a written report
to the Council which states whether an application complies with the
requirements of this chapter, and that report shall be included in
the minutes of the Council meeting.
B.
Within 90 days of the official date of filing of the
preliminary application, the Council shall either approve, approve
with conditions or disapprove the preliminary application at a public
meeting. The Council shall not act until the review has been received
from the Westmoreland County Planning Office or until 30 days has
passed since the date that the application was submitted to the County
for review.
C.
A letter indicating approval, approval with conditions
or disapproval shall be mailed to the applicant within 15 days of
the date of the decision by the Council. If the preliminary application
is not approved, the Council shall specify the defects found in the
preliminary application and cite the specific requirements of this
chapter which have not been met.
If the Council determines that certain conditions
are warranted to be attached to preliminary approval to protect the
public interest and guarantee compliance with the requirements of
this chapter, the conditions of approval shall be specified, in writing,
in the notice of conditional approval required by this chapter. The
applicant shall accept or reject the conditions attached to preliminary
approval by giving written notice to the Director of Community Development
within 30 days of the date of the meeting of Council at which preliminary
approval is granted. If the applicant rejects any of the conditions
or if the applicant fails to give written notice to the Director of
Community Development regarding acceptance or rejection of the conditions
attached to preliminary approval within the required 30 days, preliminary
approval shall automatically be rescinded without written notice to
the applicant.
Failure of the Council to render a decision
and communicate it to the applicant within the time and in the manner
prescribed by this chapter shall be deemed an approval of the application
in the terms as presented, 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, failure to meet the
extended time or change in manner of presentation of communication
shall have like effect.
A.
Preliminary approval shall expire five years from
the date of the grant of preliminary approval by the Council, unless
a written extension is submitted by the applicant and approved by
the Council. Any request for extension shall be submitted to the Council
at least 30 days prior to the prevailing expiration date. Extensions
may be granted for one or more six-month periods upon a finding by
the Council that such extension is warranted for reasonable cause
and not due to the applicant's own negligence or inaction.
B.
In the case of a phased development calling for the
installation of improvements beyond the five-year period, a schedule
shall be filed by the applicant with the preliminary application delineating
all proposed phases, as well as time deadlines by which applications
for final plat approval of each phase are intended to be filed. Such
schedule shall be updated annually by the applicant on or before the
anniversary of preliminary approval until final plat approval of the
final phase has been granted. Any modification in the aforesaid schedule
shall be subject to approval by the Council in its sole discretion.
Phased development shall be subject to the time protection provisions
of Section 508(4) of the Pennsylvania Municipalities Planning Code
(Act 247 of 1968, as amended).
A.
After a preliminary application for a subdivision
has been approved by the Council, the developer may proceed by filing
an application for final approval of a subdivision. The final application
may be submitted for the entire development granted preliminary approval
or may be submitted in phases in accordance with this chapter.
B.
If the subdivision proposes any variances to the Zoning
Ordinance,[1] the decision of the Zoning Hearing Board shall be issued
prior to submission of the application for final approval. If the
zoning variances are denied, the final plat shall be revised to show
compliance with the zoning requirements at issue. If the final plat
is not revised to show compliance with the zoning requirements which
are at issue, a new preliminary application shall be required.
C.
In either case, the applicant shall submit 14 copies of the final application required by § 201-28 to the Director of Community Development at least 28 calendar days prior to the regular meeting of the Planning Commission. If the 28th day falls on a holiday, the application shall be filed by the close of business on the immediately preceding working day.
The final plat shall meet the following specifications.
A.
Fourteen copies of the completed application form
supplied by the Municipality;
B.
Application filing fee, as required by ordinance;
C.
One copy of the approved preliminary plat;
D.
Written evidence of compliance with all other applicable
municipal, county, state or federal regulations or permits;
E.
Fifteen copies of the final plat, prepared and sealed
by a Pennsylvania-registered professional land surveyor, in accurate
and final form for recording, drawn to a scale not less than one inch
equals 100 feet on sheets not exceeding (34 inches by 44 inches),
which clearly delineates the information required in this section.
F.
The plat may include all or only a part of the plat
as proposed in the application.
G.
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. It shall be drawn at a scale of 50 or 100
feet to the inch. Six black or blue line prints and one reproducible
print shall be submitted with the original final plat or in order
to conform to modern drafting and reproduction methods. Lettering
may be applied to be reproduced by film, litholoid or other suitable
photographic process at the designated scale and, in such case, six
black or blue line prints and two reproducible prints shall be submitted.
H.
The following basic information shall be shown:
(1)
Accurate boundary lines, with dimensions and angles,
which provide a survey of the tract.
(2)
Accurate distances and the direction to the nearest
established street corners or official monuments. Reference corners
shall be accurately described on the plan.
(3)
Accurate locations of all existing and recorded streets
intersecting the boundaries of the tract.
(4)
The source of the title to the land as shown by the
books of the County Recorder.
(5)
Street names.
(6)
Complete curve data for all curves included in the
plan.
(7)
Street lines, with accurate dimensions in feet and
hundredths of feet, with angles to street, alley and lot lines.
(8)
Lot numbers and dimensions.
(9)
Easements for utilities and limitations on such easements.
(10)
Accurate dimensions of any property to be dedicated
or reserved for public, semipublic or community use.
(11)
The location of all monuments and lot markers.
(12)
Restrictions of all types which will run with
the land and become covenant in the deeds for lots, which shall be
recorded concurrently with the plat, where such restrictions or requirements
relate to the standards required by municipal ordinances.
(13)
The name of the subdivision.
(14)
The name and address of the owner, developer
and applicant.
(15)
The North point, graphic scale and date.
(16)
Certification by a registered professional engineer
or registered land surveyor.
(17)
A certificate of dedication of streets and other
public property.
(18)
Certificates of approval by the Commission and
Council.
(19)
Building setback lines, the minimum as fixed
herein, and other setback or street lines established by these regulations
or by public authority, and those specified in the deed restrictions.
(20)
If applicable, a notation on the plat that access
to a state highway shall only be authorized by a highway occupancy
permit issued by the Pennsylvania Department of Transportation under
Section 420 of the State Highway Law (P.L. 1242, No. 428 of June 1,
1945) and that the approvals of the Planning Commission and Council
are conditional, subject to action of the Pennsylvania Department
of Transportation pursuant to application for a highway occupancy
permit.
(21)
If applicable, a notation on the plat regarding
any zoning variances granted by the Zoning Hearing Board, including
the date of the decision, the appeal number and the nature of the
variance granted.
I.
Approved soil, erosion and sedimentation control plan
and NPDES permit, if required.
J.
Where applicable, recommendations from the Westmoreland
County Soil Conservation District, Pennsylvania Department of Environmental
Protection or the U.S. Army Corps of Engineers and any other applicable
county, state or federal agency.
K.
Spaces for the signatures of the Chairman and Secretary
of the Planning Commission; the Chairman and Chief Administrator of
Council; the Municipal Engineer; and dates of approval.
L.
Certification clauses required by the Westmoreland
County Recorder of Deeds Office.
M.
Letter of recommendation or comments from the Environmental
Advisory Council, Parks and Recreation Board and Franklin Township
Sanitary Authority, or evidence that plans were submitted to the aforementioned
boards at least 20 days in advance of the application submission.
N.
Final environmental impact study. An environmental
impact study, specific to the phase submitted, shall be prepared and
submitted with the application. The environmental impact study shall
describe, identify and analyze all environmental aspects of the site
and of neighboring properties that may be affected by the proposed
operations or the ultimate use proposed to be conducted on the site.
The limits of the impact area to be studied shall be reviewed and
approved by the Planning Commission. The environmental impact study
shall include, but not be limited to, all critical impact areas on
or off site that may be impacted by the proposed or ultimate use of
the facility, including the impact on the critical areas, the protective
measures and procedures to protect the critical areas from damage,
and the actions to be taken to minimize environmental damage to the
critical areas on the site and surrounding areas during and after
completion of the operation. Critical impact areas include, but are
not limited to, stream corridors, streams, wetlands, slopes in excess
of 25%, Class I agricultural lands, highly acidic or erodible soils,
carbonate or highly fractured bedrock, aquifer recharge and discharge
areas, areas of unique or protected vegetation, wildlife habitat,
and areas of historic, cultural and/or archaeological significance.
O.
Acoustics study. An acoustics study shall be prepared
and submitted with the application. The study shall be prepared by
an acoustic expert(s) acceptable to the Municipality. The study shall
identify the existing background level of noise and the anticipated
noise impact from the proposed use. The report shall contain measures
of existing ambient measurements, estimates or the noise measurements
to be anticipated from the type of operations and equipment that are
proposed for the use and if there are any significant increases in
those noise levels. The report shall also contain specific proposals
that are intended to reduce noise levels emanating off the site. The
study shall be based upon actual sound level measurements and estimates
of potential noise impact at the property lines of the site of the
proposed use; or the applicant/developer shall submit a statement
prepared by his engineer warranting that the nature of the use will
produce no impact on acoustics in regards to the standards of this
chapter, as well as the basis for such statement.
P.
Hydrogeologic study. A hydrogeologic study shall be
prepared and submitted with the application. The study shall be prepared
by an engineer acceptable to the Municipality. The study shall evaluate
the existing surface and subsurface hydrogeology, based upon historical
data and on-site investigation and studies where such historical data,
in the judgment of the Planning Commission, is inadequate. The study
shall identify groundwater discharge and recharge areas that may be
affected by the proposed use, map the groundwater table and analyze
and delineate the effects of the proposed use on the hydrology, including
surface and ground water quantity and quality.
Q.
Community impact study. A community impact study shall
be prepared and submitted with the application. The study shall be
prepared by a planner acceptable to the Municipality. The study shall
evaluate the impact of the proposed use upon existing community facilities
and services with an emphasis upon recreation and open space, land
uses with an emphasis upon preserving valuable agricultural lands,
historic and cultural sites, emergency services and facilities with
an emphasis upon police, fire and ambulance services, and, if applicable,
any of the previously listed impacts on adjoining municipalities.
The study shall, at a minimum, identify the following:
(1)
Any potential increased use of the above-listed community
assets.
(2)
Any potential increased cost to the Municipality to
provide additional facilities and services due to the impact of the
proposed use.
(3)
An estimate of the amount of revenue to the Municipality
generated by the proposed use.
(4)
Any proposed measures to mitigate impacts upon the
above-listed community assets through site design standards.
(5)
Acreages and percentages of steep slope (as regulated
by the Zoning Ordinance), one-hundred-year floodplains and floodways,
and jurisdictional wetlands shall be presented.
(6)
The acreage and percentage of the total site to be
utilized for public improvements, including stormwater, open space,
streets, and parking.
(7)
General demographics expected in the proposed plan
and the basis for the projection, where residential units are proposed.
(8)
For residential subdivisions, a calculation of net
residential density.
S.
Four copies of construction plans for public improvements
prepared by a registered professional engineer drawn on sheets measuring
24 inches by 36 inches showing the following: (All construction drawings
shall be prepared according to accepted engineering practice.)
(2)
Street plan and profile of each street in the plan,
including the terminus of all streets in the plan and any area beyond
the limits of the plan where grading is proposed to construct the
street. Street plan and profile drawings shall include all drainage
easements over property, location of catch basins, inlets, manholes,
headwalls and endwalls of the stormwater system. Top and invert elevations
shall be shown along with the pipe size. Profile of storm sewer pipes
shall show any crossing sanitary sewer lines, waterlines or other
utility lines. Lot lines and lot numbers shall be included in the
street plan view.
(3)
At least three cross sections at intervals not to
exceed 100 feet and extending 50 feet on each side of the street center
line or 25 feet outside of the street right-of-way, or to the limits
of grading, whichever is greater;
(4)
Sanitary sewer plan and profile drawing which shall
include lot lines and lot numbers on the plan view. The location of
the sanitary sewers, manholes and location of each "Y" proposed for
installation shall be shown. The grade line, distance and pipe size
of each line shall be indicated on the plan and profile. The top and
invert elevation of each manhole plus pipe invert grades at fifty-foot
intervals shall be provided.
U.
Plans showing compliance with recommendations of the
soils report or wetlands delineation report, if applicable.
V.
Final design of stormwater management facilities and
final calculations.
W.
Where required by § 201-77 of this chapter, a draft of a deed of dedication of land as recreation or common open space and certificate of title in a form acceptable to the Municipal Solicitor, or a letter of intent for payment of the recreation fee in lieu of the dedication, or an agreement for the reservation of private land, or agreement to construct a recreational facility.
All applications for approval, other than those
governed by the planned residential development provisions of the
Zoning Ordinance,[1] shall be acted upon by the Planning Commission and the
Council within no more than 90 days or such other maximum period as
may be provided by law after the application is filed.
A.
At the first regular meeting of the Planning Commission
after submission of a final application, the Planning Commission shall
either accept or reject the application as complete and properly filed.
The date of the Planning Commission meeting at which the final application
is accepted as complete and properly filed shall be the official date
of filing for the application and shall represent the beginning of
the sixty-day period for Planning Commission review and recommendation
on the application, unless the applicant agrees, in writing, to an
extension of time. During the sixty-day review period, the Municipal
Engineer shall provide review comments to the Planning Commission
and the applicant.
B.
Upon acceptance of the application material as properly
filed, the Director of Community Development shall forward copies,
one to the Municipal Engineer, one copy to the Franklin Township Municipal
Sanitary Authority, one copy to the Murrysville Municipal Parks and
Recreation Commission. During the sixty-day review period, the Municipal
Engineer shall provide preliminary review comments to the Planning
Commission and the applicant.
C.
Within 60 days of the official date of filing of the
application, the Planning Commission shall make a recommendation,
in writing, to the Council for approval, approval with conditions
or disapproval of the final application. In the case of a recommendation
for disapproval, the Planning Commission recommendation shall cite
the specific requirements of this chapter which have not been met.
A.
Within 90 days of the official date of filing of the
application, the Council shall either approve, approve with conditions
or disapprove the final application at a public meeting. The Planning
Commission's written recommendation shall be made a part of the record
at that meeting.
B.
A letter indicating approval, approval with conditions
or disapproval shall be mailed to the applicant within 15 days of
the date of the decision by the Council. If the final application
is not approved, the Council shall specify the defects found in the
final application and cite the requirements of this chapter which
have not been met.
If the Council determines that certain conditions
are warranted to be attached to final approval to protect the public
interest and guarantee compliance with the requirements of this chapter,
the conditions of approval shall be specified, in writing, in the
notice of conditional approval required by this chapter. The applicant
shall accept or reject the conditions attached to final approval either
by giving written notice to the Director of Community Development
within 30 days of the date of the meeting of the Council at which
final approval is granted. If the applicant rejects any of the conditions
or if the applicant fails to give written notice to the Director of
Community Development regarding acceptance or rejection of the conditions
attached to final approval within the required 30 days, final approval
shall automatically be rescinded without written notice to the applicant.
Failure of the Council to render a decision
and communicate it to the applicant within the time and in the manner
prescribed by this chapter shall be deemed an approval of the application
in the terms as presented, 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, failure to meet the
extended time or change in manner of presentation of communication
shall have like effect.
A.
Effects of amendments. From the time an application
for approval of a plat, whether preliminary or final, is duly filed
as provided in this chapter, and while such application is pending
approval or disapproval, no change or amendment of the zoning, subdivision
or other governing ordinance or plan shall affect the decision on
such application which is adverse to the applicant. The applicant
shall be entitled to a decision in accordance with the provisions
of the governing ordinances and plans as they stood at the time the
application was duly filed. In addition, when a preliminary application
has been duly approved, the applicant shall be entitled to final approval
in accordance with the terms of the approved preliminary application
as hereinafter provided. However, if an application is properly and
finally denied, any subsequent application shall be subject to the
intervening change in governing regulations.
B.
Five-year rule. When an application for approval of
a plat, whether preliminary or final, has been approved or approved
subject to conditions acceptable to the applicant, no subsequent change
or amendment in the zoning, subdivision or other governing ordinance
or plan shall be applied to 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. Where final approval is preceded by preliminary approval,
the five-year period shall be counted from the date of the preliminary
approval. In the case of any doubt as to the terms of a preliminary
approval, the terms shall be construed in the light of the provisions
of the governing chapters or plans as they stood at the time when
the application for such approval was duly filed.
C.
Substantial completion rule. Where the landowner has
substantially completed the required improvements as depicted upon
the final plat within the aforesaid five-year limit, or any extension
thereof as may be granted by the governing body, no change of municipal
ordinances or plan enacted subsequent to the date of filing of the
preliminary plat shall modify or revoke any aspect of the approved
final plat pertaining to zoning classification or density, lot, building,
street or utility location.
D.
Schedule of work. In the case of a preliminary plat
calling for the installation of improvements beyond the five-year
period, a schedule shall be filed by the landowner with the preliminary
plat delineating all proposed sections as well as deadlines within
which applications for final plat approval of each section are intended
to be filed. Such schedule shall be updated annually by the applicant
or before the anniversary of the preliminary plat approval until final
plat approval of the final section has been granted, and any modification
in the aforesaid schedule shall be subject to approval of the governing
body, in its discretion.
E.
Twenty-five-percent requirement. Each section in any
residential subdivision or land development, except for the last section,
shall contain a minimum of 25% of the total number of dwelling units
as depicted on the preliminary plan. Provided that the landowner has
not defaulted with regard to or violated any of the conditions of
the preliminary plat approval, including compliance with the landowner's
aforesaid schedule of submission of final plats for the various sections,
then the aforesaid protections afforded by substantially completing
the improvements depicted upon the final plat within five years of
the preliminary plat approval or the aforesaid schedule shall apply.
For any section or sections beyond the initial section in which the
required improvements have not been substantially completed within
said five-year period, the aforesaid protections shall apply for an
additional term or terms of three years from the date of final plat
approval for each section.
F.
Failure to adhere to schedule. Failure of the landowner
to adhere to the aforesaid schedule of submission of final plats for
the various sections shall subject any such section to any and all
changes in zoning, subdivision and other governing ordinances enacted
by the Municipality subsequent to the date of the initial preliminary
plan submission.
A.
The Municipality may offer the mediation option as
an aid in completing the proceedings authorized by this article. Mediation
shall supplement, not replace, those procedures in this article once
they have been formally initiated. Nothing in this section shall be
interpreted as expanding or limiting the Municipality's police powers
or as modifying any principles of substantive law.
B.
Participation in mediation shall be wholly voluntary.
The appropriateness of mediation shall be determined by the particulars
of each case and the willingness of the parties to negotiate. In offering
the mediation option, the Municipality shall assure that in each case
the mediating parties, assisted by the mediator as appropriate, develop
terms and conditions for:
(1)
Funding mediation.
(2)
Selecting a mediator who, at a minimum, shall have
a working knowledge of municipal zoning and subdivision procedures
and demonstrated skills in mediation.
(3)
Completing mediation, including time limits for such
completion.
(4)
Suspending time limits otherwise authorized in this
chapter or in the Pennsylvania Municipalities Planning Code (Act 247
of 1968, as amended), provided there is written consent by the mediating
parties, and by the applicant or Council, if either is not a party
to the mediation.
(5)
Identifying all parties and affording them the opportunity
to participate.
(6)
Subject to legal restraints, determining whether some
or all of the mediation sessions shall be open or closed to the public.
(7)
Assuring that mediated solutions are in writing and
signed by the parties and become subject to review and approval by
the Council pursuant to the procedures for approval set forth in this
article.
C.
No offers or statements made in the mediation sessions,
excluding the final written mediated agreement, shall be admissible
as evidence in any subsequent judicial or administrative proceedings.
When requested by the developer, in order to
facilitate financing, the Council shall furnish the developer with
a signed copy of a resolution indicating approval of the final plat
contingent upon the developer executing the development agreement
and posting any required performance bond. The final plat shall not
be signed nor recorded until the performance bond is posted and the
development agreement is executed. The resolution shall expire and
be deemed to be revoked if the performance bond is not posted and
the development agreement is not executed within 90 days, unless a
written extension is granted by the Council. Such extension shall
not be unreasonably withheld and shall be placed in writing at the
request of the developer.
A.
In lieu of the completion of any improvement required
prior to and as a condition for final approval of a plat, the applicant
shall deposit a performance bond, as defined by this chapter, in favor
of the Municipality, in an amount equal to 110% of the cost of completion
of the improvements estimated as of 90 days following the date scheduled
for completion by the developer. The surety company or lending institution
holding the performance bond shall notify the Director of Community
Development by certified mail at least 30 days prior to the expiration
of the performance bond.
B.
Annually, the Municipality may adjust the amount of
the performance bond 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 performance bond equals said 110%. Any additional
security shall be posted by the developer in accordance with this
section.
C.
The amount of the performance bond required shall
be based upon a written estimate of the cost of completion of the
required improvements, submitted by an applicant or developer and
prepared by an engineer 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 engineer 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.
D.
If the party posting the performance bond requires
more than one year from the date of posting of the performance bond
to complete the required improvements, the Municipality may increase
the amount of the performance bond an additional 10% for each one-year
period beyond the first anniversary date from posting of the performance
bond or to an amount not exceeding 110% of the cost of completing
the required improvements as reestablished on or about the expiration
of the preceding one-year period by using the above procedure.
In all subdivisions or land developments where private improvements are required by this chapter or are voluntarily provided by the developer, an amenities bond shall be required. The procedure for posting the amenities bond shall be the same as that required by § 201-37 of this chapter for posting a performance bond, except that the estimate of the cost of completion of the required private improvements shall be prepared by the applicant's or developer's engineer and shall be certified by such engineer to be a fair and reasonable estimate of such costs. The Municipality, upon the recommendation of the Municipal Engineer, may refuse to accept such estimate for good cause shown. Disputes shall be resolved in accordance with the procedure specified in § 201-60.
A.
As a condition of granting final approval of a subdivision
or land development that requires the posting of a performance bond
or an amenities bond or to which conditions are attached to the grant
of final approval, Council shall require that the developer execute
a development agreement with the Municipality, in a form acceptable
to the Municipal Solicitor, containing any conditions attached to
the approval of the plan and provisions that are reasonably required
to guarantee the proper installation of public and private improvements
related to the subdivision and/or land development and provisions
necessary to indemnify the Municipality in connection therewith.
B.
Said agreement shall be executed, the required performance
bond or amenities bond shall be posted, and all required fees shall
be paid before the Director of Community Development shall affix his
or her signature and the Municipal Seal to the final plat for recording
purposes.
C.
Agreement shall include, at a minimum:
(1)
General timeline of public improvement construction,
including construction of recreational facilities. The timeline of
public improvement construction shall be in accordance with the schedule
of final plat submissions if said schedule was previously submitted
and approved as part of an associated preliminary plan, unless modified
by Council.
(2)
Hours of construction operation.
(3)
Execution of a maintenance agreement concerning private stormwater facilities, when required by Chapter 198, Stormwater Management.
(4)
All performance conditions applied by Council and
accepted by the developer.
The developer shall present the plat, as approved,
to the Recorder of Deeds of the county. Approval of the final plat
shall be void unless the plan has been duly recorded within a period
of 90 days from the date of approval or 90 days after the date of
delivery of an approved plat signed by the governing body following
completion of conditions imposed for such approval, whichever is later.
Notwithstanding any obligation imposed by this chapter for the recording
of a subdivision plan, such plat which is a lot development plan not
otherwise meeting the definition of "subdivision" need not be recorded
in whole, but there shall be recorded an abbreviated tract drawing
and dedication of easements where the same are applicable.
A.
In the event that the plan has not been recorded within
the time required, the Director of Community Development is authorized
to reinstate the signatures of the proper officers of the Municipality
indicating approval, provided there are no changes in the subdivision
previously granted approval and all the requirements of this chapter
regarding posting of a performance bond or amenities bond and execution
of a development agreement have been met and, further, provided the
plan is submitted for reinstatement of approval within 180 days following
the date of the original final approval by Council.
B.
Any request for reinstatement of final approval which
is submitted after 180 days from the date of the original granting
of final approval by Council shall be required to resubmit an application
for final approval in conformance with the requirements of this article.
Within 30 days of the date of recording of the
final plat in the Office of the Westmoreland County Recorder of Deeds,
the applicant shall deliver to the Director of Community Development,
one Mylar print and one electronic copy on state plane coordinates
in AutoCAD or similar format on CD of the final plat, as recorded,
containing all required signatures and dates of approval.
