The purpose of this section is to set forth the procedures for
the submission of processing and approval of minor or major land developments.
Generally, the processing of these developments will follow similar
steps, although the details on the specific information, drawing scale,
and other details may vary. Determination shall be made by the Borough,
based upon consistency with Table 180-13 and the definitions of this
chapter and the MPC. For general information, the following is provided:
A.
Replat. A lot line revision is the adjustment of one or more lot
lines between two or more adjacent parcels and which does not result
in the creation of any new lot.
B.
Minor land developments. This chapter allows a streamlined process for less complicated and smaller-scale developments. Generally, these involve small developments along existing roads, changes of lot lines between adjoining properties and smaller land developments. To qualify as such, no extension of utilities or new roads may be involved except for extensions of approved private driveways for right-of-way access. A one-step process may be permitted starting with a combined preliminary and final plan. Minor land developments are also defined in Article II. All plans must be recorded or the approval is voided.
C.
Major land developments (excluding minor land developments) involve
a two-stage process, using a preliminary and final plan. The purpose
of the preliminary plan is to set forth the proposed development in
detail. This allows for a comprehensive review of the proposed development
to acquaint the applicant with any requirements that may have been
missed. The final plan is the document to be officially recorded.
If any deficiencies have been corrected, the final plan can be approved.
After approval, the applicant has 90 calendar days to record the plan.
All plans must be recorded or the approval is voided.
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Table 180-13
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Land Development Type
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Land Development Type
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Definition
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Replat
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Transfer of land between adjacent lots where no new building
lot is created, including the erasure of any lot line where fewer
lots are the result
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Minor land development
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New construction of no greater than 1,000 square feet gross
floor area or earth disturbance area of one acre or less, and does
not entail the conversion of a single family dwelling into two or
more dwelling units
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Major land development
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New construction of greater than 1,000 square feet gross floor
area or earth disturbance area of one acre or more and/or expected
to generate 100 or more vehicle trips per day
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A sketch plan/pre-submission conference is not required; however, it is highly recommended. The purpose is to acquaint the applicant with the requirements of this chapter and to avoid unneeded processing or incorrectly prepared plans. Though no set format is required, such plans should be adequate to show the primary elements of the proposed development. Sketch plans are not considered a preliminary plan submission per Article V of the Pennsylvania Municipalities Planning Code.
Preliminary plans are required of all major land developments.
Lot line revisions or minor land developments may submit a combined
preliminary/final plan document.
All plans must be submitted at least 14 calendar days prior
to the meeting of the Borough Planning Commission. The applicant is
strongly encouraged to attend the Planning Commission meeting at which
time the application is to be considered. Non-attendance could result
in time delays.
The Borough prefers a submission of four full size print copies and an electronic PDF file. If all copies are paper, at least 12 copies of the plan with all required exhibits and completed applications must be submitted. As an alternative, the applicant may submit four full sized copies and nine reduced size copies (eleven inch by seventeen inch format). Article IV details the required size, scale, and type of submission. The Borough may develop and include a formal application, which shall accompany all submissions.
All plans, exhibits, applications and correspondence shall be
directed to the Zoning administrator or other person designated by
the Borough. The administrator is also responsible for all communications
to the applicant, including notices of approval, disapproval, and
conditional approval.
The administrator shall receive submissions, provided the required
submission includes the appropriate number of plan copies, all fees
are paid, and the plan is submitted at least 14 calendar days before
the Planning Commission meeting. Within 10 business days of receipt,
the administrator, or another person so appointed by the Borough,
shall review the application to determine if all required information
is complete. If the application is incomplete, the administrator shall
notify the applicant in writing within one business day of that decision.
In this case, specific completion deficiencies shall be specifically
identified. The application shall not be considered complete for purposes
of review until all deficiencies of information are provided. If the
submission is complete, the administrator shall notify the applicant
and provide a receipt of completion upon the applicant's request.
After receipt of a complete submission, the Borough shall approve,
disapprove or conditionally approve the submission within 90 calendar
days of the first meeting after determination that the submission
is complete, or within such time periods as permitted by the Pennsylvania
Municipalities Planning code, (whichever is greater).
All plans, whether preliminary or final, shall be processed
as follows:
A.
Nine copies or PDF files shall be sent to the Borough Planning Commission.
The Commission shall review the plans for compliance with this chapter,
any other pertinent regulations, and make a recommendation.
B.
The administrator shall forward one copy to Allegheny County for
their review and comment. The land development shall not be approved
until comments are received from that agency or the expiration of
30 calendar days from the date the application was forwarded. If the
county imposes a fee for its review and report, the applicant shall
pay that fee.
C.
Three copies shall be retained to record approval, disapproval or
conditional approval upon, of which one copy shall be returned to
the applicant.
D.
A copy shall be sent to the Borough Engineer or another professional
consultant if necessary.
Upon review, the Borough shall:
A.
Approve the application as submitted.
B.
Disapprove the application as submitted. If the application is disapproved,
the Borough shall cite the deficiencies of the application and identify
appropriate sections of this chapter or another applicable ordinance
that the application or plat did not comply with.
C.
Conditional approval. The Borough may grant the application a conditional
approval. If so, it shall specify the defects found in the application
and those sections of this chapter or law involved, as appropriate,
and what other conditions must be met for approval. These conditions
shall be forwarded to the applicant and must be accepted by the applicant,
in writing, within 15 calendar days of notice thereof. If not accepted
in writing, or if rejected, the conditional approval shall be rescinded
and the development disapproved.
D.
Notice of action. The Borough shall notify the applicant, in writing,
by first class mail, of the decision within 15 calendar days of the
decision.
A.
Upon approval of the final plan, the plan shall be recorded by the
applicant with Allegheny County. The final plan shall be recorded
90 calendar days after the date of the final plan approval. Should
the applicant fail to record the final plan within such a period,
the approval shall be considered null and void.
B.
The applicant shall record the final plan with Allegheny County before
proceeding with the sale of lots, and the Borough shall require receipt
of recording before the issuance of zoning or building permits by
the Borough. The applicant shall furnish the Borough with a receipt
of recording within five business days of the recording. Failure to
supply the Borough with such a receipt shall result in delay of other
permits or approvals.
C.
Recording the final plan after approval shall have the effect of
an irrevocable offer to dedicate all public streets and other public
ways to public use, and to dedicate or reserve all park reservations,
and school sites and other public service areas as provided. Approval
shall not impose any duty upon the Borough concerning maintenance,
acceptance, or improvement of any such dedicated streets, parks areas,
or portions of improvements until the proper authorities of the Borough
shall have made actual appropriation by ordinance of acceptance.
A.
All processes and procedures shall follow the Pennsylvania Municipalities
Planning Code where not explicitly stated.
B.
Fees for the review and processing of land development plans will
be charged at the time of application in accordance with the Borough
fee resolution. The Borough may amend these fees from time to time
by successive resolution. Fees charged for professional consultants
shall be consistent with § 503(1) of the MPC.
