[Amended 5-8-1989 by Ord. No. 5-8-89F; 4-13-1998 by Ord. No.
4-13-98B; 6-9-2003 by Ord. No. 6-9-03B]
60.9.1.
Final authority for approval or denial of approval for all preliminary
and final major subdivision and major land development plans shall
be vested in the Municipal Council. However, prior to action by the
Municipal Council, all such plans shall be referred to the Planning
Commission for review and recommendation; provided, however, that
the failure to make such referral and/or the failure of the Planning
Commission to review and/or make a recommendation with respect to
any such plan shall not affect the validity of any action taken by
the Board or Municipal Council with respect to any such plan.
60.9.2.
Final authority for approval or denial of minor land developments
shall be vested in the Planning Commission.
60.9.3.
Final authority for approval or denial of sub-minor land developments
and minor subdivisions shall be vested in the Subdivision Officer.
60.10.1.
An application for subdivision is normally, but not necessarily,
required to involve three steps:
1.
Step 1: Preapplication conference.
a.
Prior to submission of an application for approval of a major subdivision
or land development, the applicant may attend a preapplication conference
with the Municipal Engineer, Building Inspector and Director of Community
Development. The applicant may bring a sketch plan showing the location
of the subdivision, all existing structures, wooded areas, significant
physical features, available utilities and the proposed pattern of
lots, drainage and sewer facilities. The preapplication conference
will discuss formal application procedures and give suggestions to
the applicant on how to comply with the Subdivision Ordinance.
b.
The applicant may, but need not, request further review of the sketch
plan before official submission.
c.
Nothing herein contained, nor the failure of any parties to proceed
or act in accordance with this step, shall be deemed to be a decision
with respect to any subdivision or land development plan or to vest
any rights in the applicant.
2.
Step 2: Preliminary application review and approval.
a.
Fifteen copies of a preliminary plat of any land proposed for subdivision,
drawn in accordance with the rules and regulations herein prescribed,
shall be submitted by the developer to the Subdivision Officer within
one month prior to the Planning Commission meeting. The Subdivision
Officer shall note the date of receipt of the application, fees and
escrow deposit. The application shall not be deemed to be submitted
until a complete application, which shall include, without limitations,
the required fees, have all been submitted. The Subdivision Officer
shall make a preliminary review of the application. If the Subdivision
Officer determines that the application is defective on its face,
he shall notify the applicant. The applicant may then submit the application
as is, revise the application for the purpose of correcting defects
or withdraw the application. Any request by the applicant for tabling
action on an application or for a withdrawal of an application must
be in writing.
[Amended 4-13-1998 by Ord. No. 4-13-98B]
b.
Upon submission of a complete application, which shall include, without
limitations, all required fees, the Subdivision Officer shall accept
the application, plans and other required materials as filed and shall
transmit the requisite number of copies of the plans and other required
materials to the Planning Commission, the Municipal Engineer and the
Municipal Building Inspector.
c.
The Commission and Municipal Engineer shall review the preliminary
plat at its next regular meeting and, within 45 days thereafter, shall
return one copy to the owner, with its proposed recommendation to
the Council, with recommendations for revision. In case of a recommendation
of disapproval, recommendations by the Commission and Municipal Engineer
shall be submitted in writing to the owner, with a copy to the Municipality
for record.
d.
The applicant shall then submit to the Subdivision Officer 15 copies
of a preliminary plat (based upon the Planning Commission's recommended
revisions). The preliminary plat will then be approved, approved with
conditions or denied by the Municipal Council within the time limit
as prescribed by Section 508 of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
3.
Final approval process.
a.
Fifteen copies of the final plat prepared in accordance with the
rules and regulations herein prescribed shall be submitted to the
Subdivision Officer, either at the same time as the preliminary plat
or after approval of the preliminary plat. In either situation, the
Council will approve, approve with conditions or deny the final plat
within the time limit prescribed by Section 508 of the Municipalities
Planning Code.[2]
[Amended 5-8-1989 by Ord. No. 5-8-89F]
[2]
Editor's Note: See 53 P.S. § 10508.
[Amended 4-13-1998 by Ord. No. 4-13-98B]
60.11.1.
Three copies of a final plat of any land proposed for a minor
subdivision, drawn in accordance with the rules and regulations herein
prescribed, shall be submitted by the developer to the Subdivision
Officer. The Subdivision Officer shall note the date of receipt of
the application, fees and escrow deposit. The application shall not
be deemed to be submitted until a complete application, which shall
include, without limitations, the required fees, has all been submitted.
The Subdivision Officer shall make a preliminary review of the application.
If the Subdivision Officer determines that the application is defective
on its face, he shall notify the applicant. The applicant may then
submit the application as is, revise the application for the purpose
of correcting defects or withdraw the application. Any request by
the applicant to withdraw must be in writing.
60.12.1.
An application for a land development is normally, but not necessarily
required, to involve three steps:
1.
Step 1: Preapplication conference.
a.
Prior to submission of an application for approval of a minor land
development, the applicant may attend a preapplication conference
with the Municipal Engineer, Building Inspector and Director of Community
Development. The applicant may bring a sketch plan showing the proposed
improvements. The preapplication conference will discuss formal application
procedures and give suggestions to the applicant on how to comply
with the land use regulations.
b.
The applicant may, but not need to, request further review of the
sketch plan before official submission.
c.
Nothing herein contained, nor the failure of any parties to proceed
or act in accordance with this step, shall be deemed to be a decision
with respect to any land development or to vest any rights in the
applicant.
2.
Step 2: Preliminary application review and approval.
a.
Fifteen copies of a preliminary plat of any land proposed for a major
or minor land development, drawn in accordance with the rules and
regulations herein prescribed, shall be submitted by the developer
to the Subdivision Officer within one month prior to the Planning
Commission meeting. The Subdivision Officer shall note the date of
receipt of the application and fees. The application shall not be
deemed to be submitted until a complete application, which shall include,
without limitations, the required fees, has been submitted. The Subdivision
Officer shall make a preliminary review of the application. If the
Subdivision Officer determines that the application is defective on
its face, he shall notify the applicant. The applicant may then submit
the application as is, revise the application for the purpose of correcting
defects or withdraw the application. Any request by the applicant
for tabling action on an application or for a withdrawal of an application
must be in writing.
[Amended 4-13-1998 by Ord. No. 4-13-98B]
b.
Upon submission of a complete application, which shall include, without
limitations, all required fees, the Subdivision Officer shall accept
the application, plans and other required information as filed and
shall transmit the requisite number of copies of the plans and other
required materials to the Planning Commission, the Municipal Engineer
and the Building Inspector.
c.
In the case of a minor land development, the Commission and Municipal
Engineer shall review the preliminary plat at its next regular meeting
and approve, approve with conditions or deny the application within
the time limits prescribed by the MPC.[1] The decision of the Commission 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
d.
In the case of a major land development, the Commission and Municipal
Engineer shall review the preliminary plat at its next regular meeting
and recommend to Council to approve, approve with conditions or deny
the application. The Applicant shall then submit to the Subdivision
Officer 15 additional copies of a preliminary plan. The Council shall
review the preliminary plat and approve, approve with conditions or
deny the application within the time limits prescribed by the MPC.
The decision of the 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.
e.
Upon receiving preliminary approval and before the issuance of building
permits, the applicant shall enter into a development agreement in
accordance with Section 51-12 of this ordinance. Simultaneously with
the execution of such agreement, security shall be posted with the
Municipality to guarantee the installation of all public and private
improvements required as part of the land development approval.
[Added 5-13-1991 by Ord. 5-13-91C]
3.
Step 3: Final Approval Process.
a.
Upon completion of construction of the proposed land development,
the applicant shall submit 15 copies of as-built final plans prepared
in accordance with the rules and regulations herein prescribed. The
Planning Commission shall approve, approve with conditions, or deny
the final plat for minor land developments and Council shall approve,
approve with conditions, or deny the final plan for the major land
developments within the time limit prescribed by Section 508 of the
Municipalities Planning Code.
60.13.1.
No plat shall be finally approved unless the streets shown on
such plat have been improved to a mud-free or otherwise permanently
passable condition, or improved as may be required by the Subdivision
and Land Development Ordinance and any walkways, curbs, gutters, streetlights,
fire hydrants, shade trees, water mains, sanitary sewers, storm drains
and other improvements as may be required by the Subdivision and Land
Development Ordinance have been installed in accordance with this
ordinance.
60.13.2.
In lieu of the completion of any improvements required as a condition for the final approval of a plat, the Developer shall execute a development agreement in a form prescribed by Council (see Article IX) and deposit with the municipality financial security in a form acceptable to municipality in an amount sufficient to cover the costs of any improvements or common amenities including, but not limited to, roads, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings which may be required. Without limitation as to other types of financial security which the municipality may approve, which approval shall not be unreasonably withheld, federal or commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this section. Such financial security shall be posted with a bonding company or federal or commonwealth chartered lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the commonwealth.
60.13.3.
Such bond, or other security shall provide for, and secure to
the public, the completion of any improvements which may be required
on or before the date fixed in the formal action of approval or accompanying
agreement for completion of the improvements.
[Amended 5-8-1989 by Ord. No. 5-8-89F]
60.13.4.
The amount of financial security to be posted for the completion
of the required improvements shall be equal to 110% of the cost of
completion estimated as of 90 days following the date scheduled for
completion by the developer, annually the municipality may adjust
the amount of the financial security 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 financial security equals said 110%. Any
additional security shall be posted by the developer in accordance
with this subsection. The amount of financial security required shall
be based upon an estimate of the cost of completion of the required
improvements, submitted by an applicant or developer and prepared
by a professional engineer licensed as such in this commonwealth 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 professional engineer licensed as such in this commonwealth
and 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.
[Amended 5-8-1989 by Ord. No. 5-8-89F]
60.13.5.
If the party posting the financial security requires more than
one year from the date of posting of the financial security to complete
the required improvements, the amount of financial security may, at
the Municipality's sole discretion, be increased by an additional
10% for each one-year period beyond the first anniversary date from
posting of financial security 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 bidding procedure. Failure to increase the financial security
in any single year shall not be deemed a waiver of the Municipality's
rights in any subsequent year. In the case where development is projected
over a period of years, the Council may authorize submission of final
plats by section or stages of development subject to such requirements
or guarantees as to improvements in future sections or stages of development
as it finds essential for the protection of any finally approved section
of the development.
60.13.6.
As the work of installing the required improvements proceeds,
the party posting the financial security may request the council to
release or authorize the release, from time to time, such portions
of the financial security necessary for payment to the contractor
or contractors performing the work. Any such requests shall be in
writing addressed to the Council, and the Council shall have 45 days
from receipt of such request within which to allow the municipal engineer
to certify, in writing, to the Council that such portion of the work
upon the improvements has been completed in accordance with the approved
plat. Upon such certification the Council shall authorize release
by the bonding company or lending institution of an amount as estimated
by the municipal engineer fairly representing the value of the improvements
completed or, if the Council fails to act within said forty-five day
period, the Council shall be deemed to have approved the release of
funds as requested.
60.13.7.
The Council may, prior to final release at the time of completion
and certification by its engineer, require retention of 10% of the
estimated cost of the aforesaid improvements. Where the Council accepts
dedication of all or some of the required improvements following completion,
the Council may require the posting of financial security to secure
structural integrity of said improvements as well as the functioning
of said improvements in accordance with the design and specifications
as depicted on the final plat for a term not to exceed 18 months from
the date of acceptance of dedication. Said financial security shall
be of the same type as otherwise required in this section with regard
to installation of such improvements, and the amount of the financial
security shall be 15% of the actual cost of installation of said improvements.
60.13.8.
If water mains or sanitary sewer lines, or both, along with
apparatus or facilities related thereto, are to be installed under
the jurisdiction and pursuant to the rules and regulations of a public
utility or municipal authority separate and distinct from the Municipality,
financial security to assure proper completion and maintenance thereof
shall be posted in accordance with the regulations of the controlling
public utility or municipal authority and shall not be included within
the financial security as otherwise required by this section.
60.13.9.
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final approval of
a plat as set forth in this section, the Municipality shall not condition
the issuance of building, grading or other permits relating to the
erection or placement of improvements, including buildings, upon the
lots or land as depicted upon the final plat upon actual completion
of the improvements depicted upon the approved final plat. Moreover,
if said financial security has been provided, occupancy permits for
any building or buildings to be erected shall not be withheld following:
the improvement of the streets providing access to and from existing
public roads to such building or buildings to a mud-free or otherwise
permanently passable condition, as well as the completion of all other
improvements as depicted upon the approved plat either upon the lot
or lots or beyond the lot or lots in question if such improvements
are necessary for the reasonable use of or occupancy of the building
or buildings.
60.14.1.
Upon the approval of a final plat the developer shall, within
90 days of such final approval, record such plat in the office of
the Recorder of Deeds of Allegheny County.
60.14.2.
Failure of recording a final plat within the prescribed time
limitations will require the applicant to request updating approval
of the Municipal Council.
60.14.3.
No permanent certificate of use, occupancy and compliance under
the Municipal Zoning Ordinance shall be issued for any proposed land
development or subdivision until the final plat is recorded and two
copies and one reproducible Mylar copy of the final plan as recorded
by the Recorder of Deeds are submitted to the Municipality and all
required fees are paid.
[Amended 5-8-1989 by Ord. No. 5-8-89F]
60.15.1.
No construction or land disturbance activities (not including
soil or percolation testing, well drilling, or similar engineering
or surveying activities) shall be commenced until the applicant submits
to the Municipal Engineer two paper copies, one reproducible Mylar
copy and a digital file of the plat as recorded by the Recorder of
Deeds. The digital file is to be in a format that is acceptable to
the Municipality.
[Amended 12-11-2006 by Ord. No. 12-11-06B]
60.15.2.
No application for a building permit under the Municipal Zoning
Ordinance shall be submitted and no building permit under the Municipal
Zoning Ordinance shall be issued for any building in any subdivision
and no work shall be done on any building in any subdivision until
the final plans for the said subdivision have been approved and recorded
as provided for, the development agreement has been fully executed,
and until the terms of this ordinance have been satisfied. Further,
where final subdivision approval has been conditioned upon the submission
and approval of individual lot grading plans for some or all of the
lots, no building permit shall be issued for construction on any such
lot until this condition has been complied with.
60.15.3.
No application for a building permit under the Municipal Zoning
Ordinance shall be submitted and no building permit under the Municipal
Zoning Ordinance shall be issued for any building in any land development
and no work shall be done on any building in any land development
until the preliminary plans for the said land development have been
approved as provided for, the development agreement has been fully
executed and until the terms of this ordinance have been satisfied.
60.15.4.
No water system or sewer system, including extensions to existing
or proposed systems or new systems employing sewage treatment plants,
shall be constructed prior to the issuance of appropriate permits
from the Pennsylvania Department of Environmental Resources or from
federal or local agencies, as required.
[Amended 11-12-2012 by Ord. No. 11-12-12F]
60.16.1.
The continuing validity of any approval of plans in accordance
with this article shall be subject to those limitations established
by the Municipalities Planning Code. In the event the developer or
applicant fails to record any plans or documents in the time period
prescribed by the Municipal Code and/or the MPC, Municipal Council,
at its judgment, may reapprove the plan in accordance with the previous
approval for recording purposes. There is to be no charge to the applicant
or developer for the initial reapproval of said plan or document.
Should the developer or applicant fail for a second time to record
the reapproved plan within the prescribed time period, then any subsequent
request for reapproval is to be accompanied with a fee of $125, payable
to the Municipality.
[Amended 5-8-1987 by Ord. No. 5-8-87E; 11-12-2012 by Ord. No.
11-12-12F]
60.17.1.
Major modifications of the approved plan, as determined by the
Municipality, shall be resubmitted and reprocessed, including the
submittal of all applicable application fees, in the same manner as
the original plan. All site disturbance activities shall cease pending
approval of modified plans.
60.17.2.
Minor modifications of the approved plan, as determined by the
Municipality, shall be submitted for review and approval to the Subdivision
Officer. If the Subdivision Officer, Code Official and Municipal Engineer
determine that the changes are in conformance with all municipal land
use regulations under their respective areas of responsibilities,
then the Subdivision Officer may approve the changes. The request
for the approval of the minor modification to the approved plan is
to be accompanied with a fee of $125, payable to the Municipality.
