A. 
The regulations in this article are intended to assure that adequate information is submitted to permit the Borough to undertake a thorough review of each proposal as related to the development, transportation, environment and other aspects of an application.
B. 
Any landowner or developer of land within the Borough desiring approval of a subdivision or land development application shall comply with the following procedures.
C. 
Any replatting of recorded plans or any revisions of approved plans that have not been recorded shall be considered as new applications and shall be required to comply with all requirements of this chapter, unless the applicant requests and receives a modification of any requirements from the Borough Council pursuant to this chapter.
D. 
Any application for replatting or revision that is limited to a survey correction may be approved without review, provided no changes have been made to the Zoning Ordinance or Subdivision and Land Development Ordinance. The application should be accompanied by a statement from a professional engineer that the plan has not been altered from the original.
E. 
All applications shall reflect the contents for submission reflected on Table 1: Subdivision and/or Land Development Submission Requirements.[1] Completion and timing of staff and county reviews shall occur in accordance with applicable law. The Zoning Officer may call on staff for review of submissions at any time during the review process.
[1]
Editor's Note: Table 1, Subdivision and/or Land Development Submission Requirements, is an attachment to this chapter.
F. 
All applications shall be in accordance with the Allegheny County Subdivision and Land Development Ordinance Sections 101, 103, 301, 302, 304, 305 and 306, as applicable to or containing relevant information to subdivision and/or land development. Plans shall also be prepared in accordance with Appendixes 1 and 2 of the Allegheny County Subdivision and Land Development Ordinance.
G. 
All applications shall include any additional information that is required by the Planning Commission, Borough Council, Zoning Officer or Borough Engineer to comply with the intent of this chapter.
H. 
Refer to Appendix 1 of this chapter for a sampling of prototypical drawing examples related to the various approvals.[2]
[2]
Editor's Note: Appendix 1 and the sample drawing examples are on file in the Borough's offices.
I. 
Refer to Appendix 2 of this chapter for a list of the approval process diagrams available on file at the Borough Municipal Administrative Office.[3]
[3]
Editor's Note: Appendix 2 and the approval process diagrams are on file in the Borough's offices.
Four types of approvals regulate lot revisions, lot consolidations, subdivisions and land development. See Table 1: Subdivision and/or Land Development Submission Requirements[1] for the applicability of each approval type. The four approvals include:
A. 
Simple subdivision.
B. 
Minor subdivision and/or land development.
C. 
C-1 subdivision and/or land development.
D. 
Major subdivision and/or land development.
[1]
Editor's Note: Table 1, Subdivision and/or Land Development Submission Requirements, is an attachment to this chapter.
Applicants are required to apply for and receive a simple subdivision approval from the Borough in accordance with the following.
A. 
Recommendations and approvals.
(1) 
In the case of simple subdivision, as defined by this article, only a final plan, application and filing fee shall be required, provided that all requirements for submission of a final plan application are met. In addition, the Borough may require a topographical survey and a plan of utility and sewer access to be submitted as part of the final plan application in simple subdivisions, where warranted by physical conditions.
(2) 
The Borough staff shall review and forward an application with consideration for Borough Council approval or denial. Borough staff reserves the right to present any points of discussion regarding simple subdivisions to the Planning Commission for discussion prior to consideration for approval or denial by Borough Council.
(3) 
The Borough Council shall be responsible for approving or denying simple subdivision in accordance with § 508 of the Pennsylvania Municipalities Planning Code.
B. 
Conferences. A preapplication conference with the Borough staff is suggested prior to the submission of a final plan application.
C. 
Applicants are required to provide an escrow fee for plan review and legal opinion of a solicitor.
Applicants are required to apply for and receive a minor land development approval from the Borough in accordance with the following criteria:
A. 
Recommendations and approvals.
(1) 
Application requirements as shown on the Subdivision and/or Land Development Requirement Table[1] shall be submitted for all Minor Land Developments.
[1]
Editor's Note: Table 1, Subdivision and/or Land Development Submission Requirements, is an attachment to this chapter.
(2) 
The Borough staff shall review and forward an application to the Planning Commission regarding minor land development. Borough staff comments resulting from said review shall accompany the application forwarded.
(3) 
The Planning Commission shall recommend application approval or denial to the Borough Council regarding minor land development.
(4) 
The Borough Council shall be responsible for approving or denying minor land developments in accordance with § 508 of the Pennsylvania Municipalities Planning Code. When necessary for the protection of public welfare, persons and lot, the Borough Council may conditionally approve a minor land development subject to compliance with provisions and standards defined in this article. The conditions of approval shall be specified, in writing, in the required notice of approval.
B. 
Conferences.
(1) 
A preapplication conference is recommended with the Planning Commission prior to the submission of a final application. Refer to § 292-303 for the requirements of a preapplication conference.
C. 
Applicants are required to provide an escrow fee for plan review and legal opinion of a solicitor.
Applicants are required to apply for and receive a minor land development approval from the Borough in accordance with the following criteria:
A. 
Recommendations and approvals.
(1) 
Application requirement as shown on Table 1: Subdivision and/or Land Development Submission Requirements[1] shall be submitted for all C-1 land developments.
[1]
Editor's Note: Table 1, Subdivision and/or Land Development Submission Requirements, is an attachment to this chapter.
(2) 
The Borough staff shall review and forward an application to the Planning Commission regarding C-1 land development. Borough staff comment(s) resulting from said review shall accompany the application forwarded.
(3) 
The Planning Commission shall recommend application approval or denial to the Borough Council regarding C-1 land development.
(4) 
The Borough Council shall be responsible for approving or denying minor land developments in accordance with § 508 of the Pennsylvania Municipalities Planning Code. When necessary for the protection of public welfare, persons and lot, the Borough Council may conditionally approve a C-1 land development, subject to compliance with provisions and standards defined in this article, the Borough Zoning Ordinance and any other additional Borough requirements deemed necessary. The conditions of approval shall be specified, in writing, in the required notice of approval.
B. 
Conferences.
(1) 
A preapplication conference is recommended with the Planning Commission prior to the submission of a final application. Refer to § 292-303 for the requirements of a preapplication conference.
C. 
Applicants are required to provide an escrow fee for plan review and legal opinion of a solicitor.
Applicants are required to apply for and receive both preliminary and final approval for a major land development approval from the Borough in accordance with the following criteria:
A. 
Recommendations and approvals.
(1) 
Application requirements as shown on Table 1: Subdivision and/or Land Development Submission Requirements[1] shall be submitted for all Major Land Developments.
[1]
Editor's Note: Table 1, Subdivision and/or Land Development Submission Requirements, is an attachment to this chapter.
(2) 
The Borough staff shall review and forward the Application to the Planning Commission regarding Major Land Development. Borough Staff comment resulting from said review shall accompany the Application forwarded.
(3) 
The Planning Commission shall recommend Application approval or denial to Borough Council regarding Major Land Development.
(4) 
Borough Council shall be responsible for approving or denying major land developments whether preliminary or final. When necessary for the protection of public welfare, persons and lot, the Borough Council may conditionally approve a major land development subject to compliance with the provisions and standards defined in this article, the Borough Zoning Ordinance and any other additional Borough requirements deemed necessary. The conditions of approval shall be specified, in writing, in the required notice of approval.
B. 
Conferences.
(1) 
A preapplication conference is recommended with the Planning Commission prior to the submission of a preliminary plan application. Refer to § 292-303 for the requirements of a preapplication conference.
C. 
Applicants are required to provide an escrow fee for plan review and legal opinion of solicitor.
A. 
Preapplication conference.
(1) 
A voluntary preapplication conference with the Planning Commission and staff is recommended prior to the submission of a preliminary plan application. The conference requires no formal application or fee.
(2) 
Any materials submitted for a preapplication conference shall not be considered as a part of an application for preliminary or final review. These opportunities are afforded to the applicant to obtain information and guidance before entering into binding commitments or incurring substantial expenses for plan preparation.
(3) 
The applicant shall notify the Borough at least 15 calendar days prior to the regular meeting of the Planning Commission regarding his/her desire to attend a preapplication conference with the Planning Commission.
B. 
Sketch plan.
(1) 
As part of the preapplication conference, a subdivision and/or land development sketch plan may be submitted by an applicant as a basis for informal discussion with the Planning Commission.
(2) 
Sufficient information shall be provided on the sketch plan to clearly indicate the character and extent of the proposed subdivision or land development and its relationship to existing natural features and public facilities within the area in which the land is situated. Such submission should include a concept establishing the location of the development, proposed circulation, open space and any other features pertinent to the development. The base information illustrated on the sketch plan is recommended to be at a minimum scale of one inch to 50 feet.
(3) 
At its regular meeting following the receipt of the applicant's preapplication submission and related review comments, the Planning Commission shall:
(a) 
Review the applicant's preapplication submission.
(b) 
Review any comments reported by Borough staff, as applicable.
(c) 
Review if the subdivision and/or land development is located where a flood hazard exists as identified in written correspondence prepared by the applicant's land surveyor or engineer of record. Correspondence is also to be submitted in digital format at the request of the Borough.
Preliminary plan applications shall be prepared in conformance with the provisions of this article and any other applicable requirements of Borough law. The preliminary plan application shall not be considered to be complete and properly filed unless and until all items required have been submitted and confirmed by the Zoning Officer. The Borough shall check the plans, documents and fees to determine if they are in proper form and contain all the information. If defective, the application will be returned to the applicant with a statement that the application is incomplete within the twenty-six-day period; otherwise, the application shall be deemed filed as of the submission date. Acceptance shall not constitute a waiver of any deficiencies.
A. 
A preliminary plan application shall demonstrate conformance with the design standard requirements of Article V of this chapter. All preliminary plan applications shall include the Borough application form plus any additional information, copies and fees as required by the Borough.
B. 
A minimum of 18 copies of the preliminary plan application, including one copy for each municipality within 1/2 mile of the site, is required. A minimum of three sets shall be 24 inches by 36 inches. One electronic file in PDF file format and one electronic file in CADD file format, acceptable to the Borough, shall be submitted of all plans, maps and drawings.
C. 
Filing/review fee (see schedule available at Borough office). The fee shall be submitted in the form of a check or money order payable to the Borough of Sewickley.
(1) 
Review fees shall include the reasonable and necessary charges by the Borough professional consultants or Engineer for review and report to the Borough and shall be set by resolution. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Borough Engineer, but in no event shall the fees exceed the rate or cost charged by the Engineer or consultant to the Borough when fees are not reimbursed or otherwise imposed on applicants.
(2) 
In the event the applicant disputes the amount of any such review fees, § 503.1 of the Pennsylvania Municipalities Planning Code shall apply.
A letter of transmittal identifying the proposed activity, the purpose of the development, lot/block reference(s), date, and any other pertinent information shall accompany the preliminary plan application.
A. 
The preliminary site plan shall have all information required for the survey (see § 292-304.14), as described in this article. The following shall also be provided at the time of submission:
(1) 
Intended name of plan or development.
(2) 
Date of plan, graphic scale and site location map of plan.
(3) 
Name, address and phone number of current landowner(s) and applicant(s).
(4) 
Zoning legend. A zoning legend shall be made part of the final site plan. The legend shall show all pertinent zoning requirements, such as but not limited to setback requirements; zoning district; parking requirements; existing use; any variances required, applied for or granted; modifications required, applied for or granted; etc. This legend shall be incorporated into the title sheet.
(5) 
Name and address of the registered professional who prepared the site plan, with registration number and seal affixed.
(6) 
North arrow, properly affixed, and basis of demarcation.
(7) 
Graphic scale.
(8) 
Legend.
(9) 
Existing zoning boundaries on the lot, if any.
(10) 
Accurately depict all known survey points with description as to type, location and material.
(11) 
Existing lot boundary lines, right-of-way lines or easements for streets and utilities, and proposed lot lines with accurate dimensions, bearings or radii and arcs of all corners.
(12) 
Post office-approved name and legally established right-of-way width of each existing or proposed street or right-of-way.
(13) 
Proposed lot lines shown with a number to identify each proposed lot on the site and the approximate area (in square feet) of each lot.
(14) 
Location of existing buildings by surveyed distance shown from structure to front, side or rear lot lines.
(15) 
Proposed building front setback lines of all existing or proposed lots.
(16) 
The layout of the proposed lots, with approximate dimensions, including setback and/or building lines.
(17) 
The proposed location of all sanitary sewer and stormwater management structures.
(18) 
A parking plan indicating location of parking area(s), arrangement of spaces, access lanes and number of cars to be accommodated; the configuration of proposed building(s) and all other significant planned facilities.
(19) 
If required or provided, location, size and general layout of public areas, open space and recreation areas.
(20) 
A separate written statement on the preliminary site plan, indicating any requested modifications to the provisions of this chapter or variances, exceptions or interpretation from the Borough Zoning Ordinance (see Chapter 330).
(21) 
A description of the soil types located on the lot, delineating all landslide-prone areas as well as any mined areas.
(22) 
Plans shall show existing and proposed building locations and waiver from the regulations herein established and citing the reasons for same.
(23) 
In addition to the location of proposed buildings, the following utility lines shall be illustrated: sanitary sewer, storm sewer, water, gas, petroleum and high-pressure gas lines, indicating line size. As applicable, the following shall also be indicated: manholes, fire hydrants, utilities and other visible elements in the system on or adjacent to the lot proposed to be developed.
(24) 
Wetlands, streams, floodplains and FEMA designations on the lot.
(25) 
Environmentally sensitive areas on the lot.
(26) 
Gas wells on the lot.
(27) 
Easements proposed or existing.
(28) 
Separate written proof of sewer availability.
(29) 
Names of owners of record of adjoining lands.
(30) 
Total acreage of the overall tract and, if applicable, each proposed lot in square feet and acreage to 1/1000 acre.
(31) 
Parcel block and lot numbers.
A. 
Preliminary grading plan shall be submitted and shall include the following:
(1) 
Written and graphic scale in a form acceptable to the Borough and engineering standards. The preliminary grading plan shall be at a scale of one inch to 50 feet or larger.
(2) 
North arrow.
(3) 
The existing contours of the lot(s).
(4) 
Proposed contours of the lot(s) after completion of the excavation, cuts, grading and filling.
(5) 
The preliminary grading plan's contour interval shall be as follows:
(a) 
Not more than two-foot intervals where the slope will be greater than 10% and less than 50%. Not more than ten-foot intervals where the slope will be greater than 50%.
(b) 
Not more than one-foot intervals where the slope will be equal to or less than 10%.
(6) 
Existing and proposed catch basins, manholes, headwalls and other drainage structures with top and invert elevations on the applicable stormwater management plan.
(7) 
Existing and proposed buildings, structures, roads, sidewalks, curbs, parking areas and any other physical improvements.
(8) 
Grading within or near a stream bank must be noted.
(9) 
Grading within or near a floodplain area must be noted and, if applicable, the impact the grading will have on the floodplain.
(10) 
A surface drainage map showing the impact upon runoff prior, during and post grading activities.
(11) 
A vegetation plan showing types of existing vegetation existing on site and areas of proposed removal.
The applicant shall submit a preliminary parking plan demonstrating how the off-street parking requirements will be met. The preliminary parking plan shall utilize the preliminary site plan as a background and shall illustrate all existing and proposed parking for the development. Parking space counts shall also be provided for each parking area. The location and design of off-street parking areas showing size and location of bays, aisles and barriers and the proposed direction of movement shall be provided as well as access points into and out of the parking areas. The preliminary parking plan shall conform to the drawing standards as outlined for the preliminary site plan. If applicable, a shared parking analysis, as identified § 292-304.29 of this chapter, shall be attached to the submission.
The applicant shall submit a preliminary loading plan demonstrating how loading space requirements will be met, including accessibility. The preliminary loading plan shall utilize the preliminary site plan as a background and shall illustrate proposed loading areas for the development. Parking space counts shall also be provided for each parking area. The preliminary loading plan shall conform to the drawing standards as outlined for the preliminary site plan.
A. 
Land development plans shall be based on a stormwater management study performed in accordance with the Stormwater Management Ordinance, Ordinance No. 1335, of the Code of the Borough of Sewickley relating to stormwater management. A copy of said study shall be submitted.
B. 
Where applicable, if the Allegheny County Conservation District or the PADEP has reviewed a stormwater management plan in accordance with 25 Pa. Code Chapter 102 regulations that differ from the requirements set forth in the Stormwater Management Ordinance, Ordinance No. 1335, the completed and approved documents authorizing the design and discharge, together with a written request for modification from the ordinance, shall be submitted.
Official copies of the Resource Protection Worksheet are available through the Zoning Officer and shall be completed to determine the initial net buildable area of the lot. See § 330-503 of the Borough Zoning Ordinance for details.
A. 
Where applicable, if an exemption from the sewage facilities planning module has been requested or granted in accordance with the rules and regulations of the PADEP, the completed or approved forms shall be submitted with the application.
B. 
Where applicable, a sewage facilities planning module shall be the responsibility of the applicant and shall be prepared in accordance with the rules and regulations of the Pennsylvania Department of Environmental Protection. The completed module shall accompany the preliminary plan application.
Written correspondence of approval by the Zoning Hearing Board for any zoning variance related to the proposed development shall be provided. The applicant shall provide all materials as submitted to the Zoning Hearing Board, including any reports, maps or other documents. For any application, the Borough may require the land development application and variance/exception/interpretation application be submitted by the applicant and/or be reviewed by the Borough simultaneously.
Written correspondence requesting any conditional use(s) related to the proposed development shall be provided. The applicant shall provide all materials, any reports, maps or other documents which support the request for said conditional use(s). For any application, the Borough may require the land development application and conditional use application be submitted by the applicant and/or be reviewed by the Borough simultaneously.
Written correspondence of approval by the Zoning Hearing Board for any special exception related to the proposed development shall be provided. The applicant shall provide all materials as submitted to the Zoning Hearing Board, including any reports, maps or other documents. For any application, the Borough may require the land development application and special exception application be submitted by the applicant and/or be reviewed by the Borough simultaneously.
A. 
A listing of the necessary approvals and permits that will be required for the proposed development from the Borough, county, commonwealth or federal agencies shall be submitted.
B. 
Approval of the preliminary plan application by the Borough Council may be conditioned upon receipt of approvals from county, state or federal agencies. Therefore, proof of submission during the preliminary plan application process is required to avoid any issues throughout the final plan application process.
C. 
Proof of submission of review requests/responses and permit applications may include, but is not limited to:
(1) 
Pennsylvania Department of Transportation highway occupancy permits.
(2) 
Pennsylvania Department of Transportation traffic signal permits.
(3) 
Pennsylvania Department of Environmental Protection Sewerage Planning Module (or exemption, if applicable).
(4) 
Pennsylvania Department of Environmental Protection National Pollutant Discharge Elimination System permits.
(5) 
Pennsylvania Department of Environmental Protection water obstruction and encroachment permits.
(6) 
Pennsylvania Department of Economic Development and/or Federal Emergency Management Agency floodplain permits.
(7) 
Allegheny County Conservation District proof of submission.
(8) 
Borough of Sewickley Wastewater Treatment Department and Sewickley Water Authority proof of submission.
(9) 
Include proof that the Pennsylvania Department of Community and Economic Development, the Federal Insurance Administrator, or other applicable local/state/federal agency has been notified whenever any such activity is proposed that impacts an identified flood-prone area.
(10) 
Proof of submission of the Borough of Sewickley zoning request unless otherwise identified by the Borough.
The applicant shall submit an engineering land survey of the lot certified by an engineer or professional land surveyor. The survey shall be at a scale of not more than one inch equals 100 feet. The plan shall be drawn in accordance with standard land surveying practices and using standard map symbols to clearly indicate the following:
A. 
Name of the proposed project.
B. 
Location map showing the subdivision/land development location within the boundaries of the Borough (including major transportation routes, title, North arrow and graphic scale).
C. 
Existing lot lines, adjacent lot owner(s) names, lot and block numbers, and recorded subdivision name with recording information.
D. 
Name, address of current landowner(s), applicant and firm that prepared the survey.
E. 
The entire existing lot boundary with bearings and distances, as surveyed.
F. 
The total acreage of the entire existing land.
G. 
Zoning information legend (to include, but not limited to, district, minimum lot size, density, requirements), showing both required and proposed conditions.
H. 
Streets abutting the lot, indicating names, right-of-way widths and cartway widths, and ownership (federal, state, county, municipal or private).
I. 
Existing and proposed easements, indicating location, width, purpose and lessee.
J. 
Location of existing buildings, sanitary sewer, storm sewer, water, gas, petroleum and high-pressure gas lines, indicating line size, manholes, fire hydrants, utilities and other visible elements in the system on or adjacent to the lot proposed to be developed.
K. 
Existing contours at a minimum vertical interval of two feet.
L. 
A description of the lot, locating proposed, existing and preexisting gas and oil wells, location maps, dates of operation, and lease holder(s), shall be provided.
M. 
Where practical, datum to which contour elevations refer shall refer to known established elevations.
N. 
Monument locations.
A copy of the erosion and sedimentation plan as filed with the Allegheny County Conservation District, including a copy of the transmittal letter and evidence of Allegheny County Conservation District adequacy letter, shall be provided. NPDES authorization letter shall be provided.
A. 
Typical street cross sections for each proposed street and typical cross sections for any existing street that will be improved shall be provided. Cross sections shall be drawn to scale of 1/4 inch to one foot and shall be sealed by a registered engineer or land surveyor.
B. 
All street cross sections shall include all information in accordance with the Borough standards.
The photometrics plan shall describe the maximum illumination values and average illumination value required. The location and effect of outdoor lighting on streets and residential lots in the line of sight of proposed lighting shall be provided by the applicant. A computer-generated lighting model with point-by-point illumination of all proposed lighting and areas expected to be illuminated, if applicable, is required. The lighting model shall include buildings, structures, parking areas and lot lines and shall be provided at the same scale as the final site plan.
A. 
Building elevations and other architectural drawings shall be provided for all developments other than single-family residential.
B. 
Building elevations and other architectural drawings containing the following information shall be provided. Elevations and drawings shall be illustrated to scale (no less than 1/4 inch to one foot) showing:
(1) 
Drawings or elevations depicting the front, rear and side facades of all proposed buildings, including building's architectural features, exterior building materials, colors and/or finishes.
(2) 
The drawings or elevations shall indicate the height of the building in feet and number of stories and the building's relationship to the finished grade immediately surrounding the building.
(3) 
Spot elevations designating the existing and proposed grading.
A. 
A landscape plan shall be provided for all developments other than single-family residential.
B. 
A landscape plan shall be provided in accordance with the Borough Zoning Ordinance (see Chapter 330) and shall contain the following:
(1) 
Preliminary site plan as a background.
(2) 
Approximate locations and spacing of all proposed plant material with typical dimensions at maturity by species. Existing vegetation to remain shall also be illustrated.
(3) 
Botanical and common names of all plant species, their sizes and quantities, as noted in a plant schedule and as individual call-outs on the graphic.
(4) 
Street trees, specimen trees and accompanying shrubs and/or ground cover landscaping in accordance with Borough Shade Tree Commission requirements. See the Code of the Borough of Sewickley Chapter 267, relating to street trees.
Construction details shall be provided for all construction in accordance with Borough standards. Details shall include, but not be limited to, utilities, pavement, walls and landscaping.
A. 
If the applicant intends to develop land in phases, a phasing plan shall be required showing total lot phasing. If a subdivision and/or land development is planned as a phased development, the plan shall specify how many phases, phasing boundaries and the proposed time frame necessary to complete each phase.
B. 
Where the applicant proposes the development of a subdivision or land development in separate phases over a period of years, the Borough authorizes submission of the final plan applications subject to guarantees that public improvements will be provided in future phases.
C. 
All applications for final approval of future phases must conform to the preliminary plan application as previously approved by the Borough. Any phase that contains substantive changes to those previously approved in the preliminary plan will represent a major modification to the application and will require complete resubmission of the preliminary plan application in accordance with this chapter.
D. 
Each phase, except for the last phase, shall contain a minimum of 25% of the total number of dwelling units as depicted on the preliminary site plan unless the Borough approves a lesser percentage for one or more of the phases.
All development proposals involving land or facilities that will be commonly owned among more than one titleholder shall include a diagram illustrating the location(s) and extent of said land at the time of plan application. The ownership and method of assuring perpetual maintenance to be applied to those areas which are to be used for recreational or other common purposes shall be defined and recorded in a manner that the Solicitor finds acceptable. The plan shall be provided at the same scale as the preliminary and final site plans, as applicable.
If water is to be provided by means other than private wells owned and maintained by the individual owners of lots within the subdivision and/or land development, applicants shall present evidence to the Planning Commission that the subdivision and/or land development is to be supplied by the Sewickley Water Authority and sewage will be provided by the Borough of Sewickley Wastewater Treatment Department. This evidence shall take the form of a copy of a certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, submitted to the Borough.
A. 
The Borough shall require a traffic impact study for land development or change in land use generating trips in addition to the adjacent roadways' existing peak hour volumes in cases where known traffic deficiencies, as listed in the Trans Associates (TA) Route 65 Study, exist in the area of the proposed development or as the result of a proposed change in use. Development generating less than 75 trips per peak hour shall be required to submit a Traffic Impact Study Type A. Development generating 75 or more trips per peak hour shall require the submission of a Traffic Impact Study Type B.
B. 
The applicant shall obtain a copy of the submitted application and approved permit for a highway occupancy permit (HOP) for plans that require access to a highway (Pennsylvania route or United States route) under the jurisdiction of the Pennsylvania Department of Transportation. The HOP plan shall contain a notice that a highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1424, No. 428), known as the State Highway Law,[1] before driveway access to a state highway is permitted.
[1]
Editor's Note: See 36 P.S. § 670-420.
A. 
A professional geotechnical engineer licensed in the Commonwealth of Pennsylvania shall complete a quantitative slope stability analysis of proposed cut slopes and fill embankments. At a minimum, test boring and relevant laboratory soil or rock test results, site groundwater and surface water findings, anticipated surcharge and/or hydrostatic loads/conditions and any other factors affecting the proposed slopes should be included in the analysis. The slope stability analysis must be based on a method accepted by the geotechnical engineering community and that has been published in an accepted engineering text book, journal or proceedings. The analysis should ultimately provide a factor of safety (FS) against movement/failure of the proposed slope. A slope will generally be considered stable in the long-term when the FS greater than or equal to 1.5, unless special circumstances, as approved by the Borough, should be allowed. Various slope/embankment construction scenarios can be analyzed by the Engineer, but no proposed slopes/embankments indicating a FS less than that approved will be deemed acceptable.
B. 
The slope analysis shall also depict the location of slopes with grades between 15% and 25% and those that exceed 25% in gradient. Each category shall be depicted with a different color or grey shading or pattern. A statement that the proposed subdivision or land development will not cause any environmental hazard or subsidence shall also be included on the slope analysis.
C. 
An applicant shall review and note his site location in relation to landslide-prone areas as designated by the Commonwealth of Pennsylvania's available mapping.
Official copies of the impervious surface worksheet are available through the Zoning Officer and shall be submitted to the Zoning Officer as part of a preliminary land development application. See § 330-410 of the Borough Zoning Ordinance for specific requirements related to the worksheet.
The location of relevant natural features as stated under the National Pollutant Discharge Elimination System (NPDES) permit requirements, including, but not limited to, streams, other natural watercourses, wetlands, general land cover, significant tree masses and other significant natural features, shall be illustrated on an environmental analysis base map at the same scale as the preliminary site plan.
A. 
Wetland impact. The applicant shall include on the plans a statement that no development will occur within wetland areas. If development is proposed within wetlands, applicant shall obtain appropriate permits from federal and state regulating agencies. Also, the Borough may require an environmental study to determine impacts to the wetlands in addition to recommending improvements to mitigate the impacts.
B. 
Phase 1 environmental assessment.
(1) 
Purpose. A Phase 1 Environmental Assessment Report shall be submitted that evaluates whether a lot is likely to have suffered environmental degradation. It involves nonintrusive investigative techniques to establish whether the lot is likely to be contaminated and, if so, to initiate the next level of environmental assessment.
(2) 
Content. An environmental assessment, in general conformance with the guidelines established under ASTM Standards on Environmental Assessments, shall contain the following:
(a) 
Records review.
[1] 
Review of records from standard sources as accepted by the Pennsylvania Department of Environmental Protection that are reasonably ascertainable to identify known environmental conditions for the site as well as the immediate surrounding area.
[2] 
Review federal, state and local databases, including CERCLIS, NPL, RCRA notifiers, open dumps, ERNS, FINDS and USTs to determine if the subject lot is identified therein regarding spills, discharges and hazardous waste sites.
[3] 
Review site historical records to assess previous uses of the site as they may relate to current environmental conditions.
[4] 
Review chain-of-title documents and practical reviewable materials, such as aerial photographs, Sanborn fire insurance maps, zoning and land use records or historical maps to assess the previous uses of the lot.
(b) 
Site reconnaissance. The site reconnaissance shall assess, to the extent to which they can be visually or physically observed, the following:
[1] 
Current land use.
[2] 
Previous uses.
[3] 
Current uses of adjacent properties.
[4] 
Previous uses of adjacent properties.
[5] 
Hazardous and petroleum substances storage and use.
[6] 
Evidence of aboveground or below ground storage tanks.
[7] 
Drums or unidentified storage containers.
[8] 
Electrical equipment with known or suspected PCBs.
[9] 
Pools of free liquid, stains or corrosion or odors.
[10] 
A general description of the presence of floor drains, sumps/pits, septic systems and wells.
[11] 
Stressed vegetation or dead vegetation.
[12] 
Signs of oil and gas well development.
(c) 
Interviews of persons familiar with the site. Topics of interviews with those familiar with the site shall include, but not be limited to, the following:
[1] 
Past uses of the site.
[2] 
Site modifications.
[3] 
Regulatory compliance (to identify obvious potential indicators of the existence of environmental conditions).
[4] 
Information regarding the presence and locations of:
[a] 
Burial sites.
[b] 
Oil and/or gas wells or leases of the same.
(d) 
Report preparation.
[1] 
Evaluate data, findings and recommendations resulting from Subsection B(2)(a), (b) and (c) of this section.
[2] 
Prepare and submit a written report summarizing and detailing the above results.
(3) 
Findings. If the environmental site assessment report indicates that the lot is likely to be degraded, then the applicant must conduct a site investigation in accordance with the ASTM guidelines for a site investigation to identify areas of the lot impacted by environmental degradation and a remedial investigation/feasibility study to identify the full extent of soil and groundwater contamination and to identify and evaluate the feasibility of remediation alternatives. The site investigation and remedial investigation/feasibility study evaluations shall be in conformance with the guidelines of the governing state or federal regulatory agency.
(4) 
Waiver. The Borough Council may waive the requirements of this section, upon the applicant's written request and recommendations from the Planning Commission. Grounds for a waiver include, but are not limited to:
(a) 
A proposal presenting a suitable alternative that conforms to the intent of this chapter.
(b) 
Existing physical characteristics of the lot that prevent conformance with requirements.
C. 
Phase 2 environmental assessment. A Phase 2 environmental assessment, including all plans, narrative and supporting information as required by the Pennsylvania Department of Environmental Protection, or its approved equivalent, shall be provided. The following situations, but not limited to such situations, may specifically require a Phase 2 environmental assessment, based upon determination from the Pennsylvania Department of Environmental Protection:
(1) 
For an application for change of use.
(2) 
When the regulatory agency suspects toxic conditions on the site.
The applicant shall obtain an electronic copy of the C-1 Parking Model from the Zoning Officer. The applicant shall submit one electronic and one hard copy of the completed C-1 Parking Model to the Zoning Officer as part of the preliminary plan application and final plan application requirements. See § 330-1002C of the Borough Zoning Ordinance for more details.
Final plan applications shall be prepared in conformance with the provisions of this article and any other applicable requirements of Borough law. The final plan application shall not be considered to be complete and properly filed unless and until all items required have been submitted to and confirmed by the Zoning Officer. The Borough shall check the plans, documents and fees to determine if they are in proper form and contain all the information. If defective, the application will be returned to the applicant with a statement that the application is incomplete within the twenty-six-day period; otherwise, the application shall be deemed filed as of the submission date. Acceptance shall not constitute a waiver of any deficiencies.
A. 
After a preliminary plan application has been approved by the Borough, the applicant may proceed by submitting a final plan application within such time periods as set forth by law. Final plans shall be prepared in accordance with the additional requirements of this chapter and shall provide sufficient design information to demonstrate compliance with the requirements of Article V of this chapter.
B. 
For those applicants not required to obtain preliminary plan application approval, the final plan application shall include all information required on the Subdivision and/or Land Development Submissions Requirements Table.[1]
[1]
Editor's Note: Table 1, Subdivision and/or Land Development Submission Requirements, is an attachment to this chapter.
C. 
A final plan application shall not be considered to be complete and properly filed unless and until all items required by this chapter, including the application fee and the application form provided by the Borough, have been received at least 26 days prior to the Planning Commission meeting.
A. 
Final plan applications shall be prepared in conformance with the provisions of this chapter and any other additional applicable Borough requirements of law. The Borough shall check the final site plans and documents to determine if they are in proper form and contain all the information. If defective, the application may be returned to the applicant with a statement that the application is incomplete within the ten-day period; otherwise, the application shall be deemed filed as of the submission date. Acceptance shall not constitute a waiver of any deficiencies.
B. 
All final plan applications shall include the following, plus any additional information and copies as required by the Borough:
(1) 
One application form as specified and obtained from the Borough.
(2) 
A minimum of 18 copies of the final site plan, including one copy for each municipality within 1/2 mile of the site, shall be submitted. A minimum of three sets shall be 24 inches by 36 inches. One electronic file shall be submitted in PDF file format of all plans, maps and drawings.
(3) 
Filing/review fees (see schedule available at Borough office). The fee shall be submitted in the form of a check or money order payable to the Borough of Sewickley.
(a) 
Review fees shall include the reasonable and necessary charges by the Borough professional consultants or Engineer for review and report to the Borough and shall be set by resolution. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Borough Engineer, but in no event shall the fees exceed the rate or cost charged by the Engineer or consultant to the Borough when fees are not reimbursed or otherwise imposed on applicants.
(b) 
In the event the applicant disputes the amount of any such review fees, § 503(1) of the Pennsylvania Municipalities Planning Code shall apply.
(4) 
Inspection and engineering fees. Inspection and engineering fees, according to resolution of Borough Council as updated time to time, in the form approved by the Borough, shall be provided.
A letter of transmittal identifying the proposed activity, the purpose of the development, lot numbers, date and any other pertinent information shall accompany the application.
The items in §§ 292-304.14 through 292-304.29 in the preliminary plan application requirements shall be resubmitted as part of the final plan application requirements with information revised per Borough comments and updated per latest available design.
A. 
The final site plan shall be provided in an accurate and final form appropriate for recording. Final site plans shall be submitted on sheets measuring 24 inches by 36 inches, or other size requested by the Allegheny County Department of Real Estate. Where necessary to avoid sheets larger than the maximum size prescribed above, final site plans shall be drawn on multiple sheets and accompanied by a key diagram showing relative location of the sections.
B. 
All final plan application drawings shall be drawn at a scale of either one inch equals 50 feet or smaller (e.g., one inch equals 20 inches). The final site plan shall be in such a format and/or such material as is required for recording by the Allegheny County Department of Real Estate office. All preliminary site plan requirements as listed in § 292-304.3 shall be included in the final site plan. The final site plan shall also meet the following requirements:
(1) 
Copy of the approved preliminary plan.
(2) 
Final plat in accurate and final form for recording. See also § 292-306 for major subdivisions and land developments. The final plat shall include the following:
(a) 
Title block, placed in the lower right-hand corner and containing the following information:
[1] 
The name and location of the subdivision or land development, the plan date and the date of any revisions.
[2] 
The name and plan book volume and page numbers of the previously recorded plan, if any.
[3] 
Name, address and phone number of the owner of record and the developer.
[4] 
Name, address and phone number of the firm that prepared the plans, and the name, seal and registration number of the surveyor who prepared the plan.
[5] 
Sheet number, North arrow and graphic scale.
(b) 
Tract boundaries, right-of-way lines of streets, easements and other right-of-way lines with accurate distances to hundredths of a foot and bearings to 1/4 minute. Tract boundaries shall be determined by field survey only and shall be balanced and closed. Surveys shall be prepared in accordance with the standards contained in the Allegheny County Subdivision and Land Development Ordinance.
(c) 
Complete curve data for all curves included in the final plat, including radius, arc length, chord bearing and chord distance.
(d) 
Location, type and size of all monuments and lot line markers. State whether found, set or to be set.
(e) 
Approved street names and street right-of-way widths.
(f) 
Lot numbers, lot dimensions, lot areas in square feet and building setback lines.
(g) 
Tabulation of area data in acres and square feet, including lots, parcels, units, areas dedicated for rights-of-way, etc., and total plan area.
(h) 
Lot and block or Tax Map parcel numbers.
(i) 
Easements and rights-of-way for all public and private improvements, including widths, purposes and limitations, if any.
(j) 
Accurate dimensions, acreage and purpose of any property to be reserved as public or common open space.
(k) 
Indication of platting of adjacent property and the names of the adjacent property owners.
(l) 
Site location map, prepared in accordance with the Allegheny County Subdivision and Land Development Ordinance.
(m) 
All required municipal certifications, which shall include the Municipal Engineer.
(n) 
Certification of plat preparation and accuracy by a registered surveyor.
(o) 
Certification of the dedication of streets and other property.
(p) 
All other certifications, dedications and acknowledgments, as required by Appendix 3 of the Allegheny County Subdivision and Land Development Ordinance and the Allegheny County Department of Real Estate.
(q) 
Plats which require access to a road under the jurisdiction of the Pennsylvania Department of Transportation shall contain a notice that, before driveway access is permitted, a highway occupancy permit is required in accordance with the Act of June 1, 1945, known as the "State Highway Law."
(r) 
Notation on the plan of any modifications or waivers granted to the provisions of this chapter.
(3) 
Land development plans. In addition to the above final requirements, land development plans shall include the following information:
(a) 
Final site plan, including building locations, parking areas, roads and access drives, landscaping and buffer yards in accordance with this chapter.
(b) 
Final grading plan. The final grading plan shall include all final contours, grades, floor elevations, permanent conservation measures, limit-of-disturbance line, typical keyway and/or benching details, and earthwork quantities in cubic yards.
(c) 
Final stormwater management plan, including all final calculations.
(d) 
Final soil erosion and sedimentation pollution control plan, as submitted to the Allegheny County Conservation District (ACCD), and evidence that the ACCD has issued a finding of adequacy.
(e) 
Dimensioned site layout plan.
(f) 
Final photometric plan.
(4) 
Construction plans for public and private improvements, prepared by a registered professional, drawn at a scale no smaller than one inch equals 50 feet on sheets measuring 24 inches by 36 inches. The construction plans shall show the following:
(a) 
Conformity with the design standards specified in this chapter.
(b) 
Plan and center-line profile drawings of each street in the plan and extending at least 200 feet beyond the plan. Street profiles shall include complete vertical curve information.
(c) 
At least a typical cross section of each street in a new development, extending at least 50 feet from the street center line to each side, or extending 25 feet from the right-of-way line to each side, whichever is greater.
(d) 
The location of all existing and proposed sanitary sewers, storm sewers, manholes, catch basins and endwalls within the site, and all necessary extensions thereof beyond the site.
(e) 
By plan, all pipe sizes, distances and directions of flow. Show sanitary sewer wye locations, including a station for each wye as measured from the downstream manhole.
(f) 
By profile, all pipe sizes, materials, distances and grades; and, top and invert elevations of all manholes, catch basins and endwalls. Show existing and proposed ground.
(g) 
All construction details for stormwater detention facilities, including any intake control structures, discharge control structures, underground storage tanks, sumps and stormwater detention basins.
(h) 
The locations of all other existing and proposed utilities, including gas, water, fire hydrants, electric, telephone and cable TV.
(i) 
All easements and rights-of-way for public improvements.
(5) 
Permits and approvals. The applicant shall submit certified copies of all permits and approvals required by applicable federal and state laws and county codes and regulations, including, without limitation, the following:
(a) 
Allegheny County Conservation District adequacies and permits.
(b) 
Federal Aviation Administration and PennDOT Bureau of Aviation approvals, where required.
(c) 
Pennsylvania Department of Environmental Protection sewage facilities permits, general permit, wetland encroachment permits, stream encroachment/obstruction permits, etc.
(d) 
County of Allegheny and Commonwealth of Pennsylvania permits for any proposed roads or driveways.
(e) 
Water supply certification
(f) 
Letters of intent to provide service from utilities companies.
(g) 
A copy of comments received, if any, from the Allegheny County Health Department on the stormwater management plan.
(6) 
Final zoning chart.
(7) 
When required by the Borough, additional information related to infill, redevelopment and or replacement in accordance with the Borough requirements. See Chapter 330.
(8) 
If required under the Borough Zoning Ordinance, Chapter 330, Article VI, locations of street trees, ground cover/landscaping and sidewalks.
(9) 
Where applicable, plans of bridges and other improvements, and shall contain sufficient information to provide complete working plans for the proposed construction, including calculations and required Pennsylvania engineer's seal.
(10) 
Where individual on-site water supply systems are proposed, certification of the acceptability of the water supply system by the State Department of Environmental Protection must be submitted wherever its approval is required.
(11) 
Other certificates of approval as may be required by the Borough Engineer, Planning Commission and the Borough Council.
A final grading plan, illustrating final grades of all lots, and a surface drainage plan, by arrows showing the direction of runoff on each lot, shall be submitted and shall also include all items required under the preliminary grading plan section of this article. The final grading plan shall also clearly delineate the following:
A. 
Proposed center-line grade of streets with percent of grade of tangents, including grades at intersections.
A written statement shall be provided indicating that, within 90 days, plans, profiles and data for all utilities, including but not limited to electric, water, phone, gas and cable lines shall be provided. Utility locations, where proposed, shall be imposed on a copy of the final site plan.
A. 
When the Borough accepts dedication of all or some of the streets within the proposed subdivision/land development following completion, the Borough Council shall require the posting of financial security to secure the structural integrity of the streets in accordance with the design and specifications as depicted on the final site plan. The term for financial security for the maintenance of the streets shall be 18 months, and the amount shall not exceed 15% of the actual cost of installation.
B. 
If there are conditions related to the dedication of streets or related issues, those conditions and issues shall be noted in the developer's agreement.
A shared parking agreement shall be provided in a format satisfactory to the Solicitor and shall specify the names of the entity with whom the agreement has been made, quantity of spaces, location, lease terms and uses to be served by the off-site parking spaces, as well as any other mutual agreements. The final shared parking agreement shall be made a part of the final landowner and/or developer's agreement.
A. 
As a condition of granting final plan application approval, the Borough shall require that the landowner and/or developer execute a development agreement with the Borough in a form acceptable to the Borough Solicitor, containing provisions that are reasonably required to ensure compliance with any conditions of approval, any ordinance or regulation of the Borough and to guarantee the proper installation of on-site improvements related to the subdivision and/or land development, and provisions necessary to indemnify the Borough in connection with such subdivision and/or land development.
B. 
If the applicant fails to execute the development agreement within 90 days of the date of final plan approval, or fails to initiate construction within one year of the date of execution of the development agreement, final plan application approval shall expire, unless the applicant/landowner and/or developer submits a written request for an extension prior to the expiration of the one-year period and the Borough Council grants the request in writing. In the event that the final plan application approval expires, the applicant shall resubmit a final plan application for approval.
Deed restrictions, easements and protective covenants, if any, shall be provided in a form for recording. Provisions within any declaration of covenants and restrictions shall include:
A. 
Definitions.
B. 
General plan of development.
C. 
Use restrictions and management responsibilities.
D. 
Resolution of document conflicts.
Provisions within any homeowners' association bylaws shall include procedures related to:
A. 
Association membership.
B. 
Board of directors.
C. 
Association and election voting rules.
D. 
Officers.
E. 
Books and records.
F. 
Amendments to bylaws.
G. 
Adoption of bylaws.
A. 
Approval of the final plan application by the Borough Council shall be conditioned upon if Allegheny County, state or federal agencies disapprove the development. It shall be the applicant's responsibility to obtain all necessary approvals from Allegheny County, state and federal agencies and submit these approvals to the Borough, including a notification from PADEP regarding a sewer facilities plan revision approval or waiver (as applicable).
B. 
Proof of approval of requests/responses and permit applications shall include but not limited to:
(1) 
Pennsylvania Department of Transportation highway occupancy permits.
(2) 
Pennsylvania Department of Transportation traffic signal permits.
(3) 
Pennsylvania Department of Environmental Protection sewerage planning module (or exemption, if applicable).
(4) 
Pennsylvania Department of Environmental Protection National Pollutant Discharge Elimination System permits.
(5) 
Pennsylvania Department of Environmental Protection water obstruction and encroachment permits.
(6) 
Pennsylvania Department of Economic Development and/or Federal Emergency Management Agency floodplain permits.
(7) 
Borough of Sewickley Wastewater Treatment Department and Sewickley Water Authority approval.
(8) 
In addition, where any alteration or relocation of a stream or watercourse is proposed, documentation shall be submitted indicating that all affected adjacent municipalities have been notified of the proposed alteration or relocation. The Pennsylvania Department of Community and Economic Development and the Federal Insurance Administrator, or other applicable agency, shall also be notified whenever any such activity is proposed.
(9) 
Borough of Sewickley zoning approval unless otherwise identified by the Borough.
This provision applies to properties containing sites that are located within one of the historic districts of the Borough. The certificate of appropriateness shall be submitted as part of the final application.
The applicant of the proposed development shall submit a letter from the Borough Tree Commission regarding its review and comments of the proposed landscape plan(s) applicable to the project.
Upon completion of the public and/or private improvements in a plan, "as-built" plans and profiles of the subdivision and/or land development public and/or private improvements, as constructed, shall be filed with the Borough Zoning Officer by the applicant within 10 days of the mailing of the notice of completion. The as-built plans and profiles shall indicate all public improvements, as constructed, and shall show the top and invert elevations for all manholes, inlets and sewer structures; the distance between all manholes, inlets and sewer structures; wye ("y") locations on all sanitary sewers; and significant changes to the street profiles as approved. An electronic form of the plan compatible with the Allegheny County and the Borough's digital format and a print of each "as-built" drawing for public and/or private improvement shall be submitted. As-built plans and profiles shall be marked "as-built" and shall contain the final grade of all sanitary and storm sewers and appurtenances.
A. 
Where the applicant proposed the development of a subdivision or land development in separate phases over a period of years, the Borough authorizes submission of the final plan applications, subject to such requirements or guarantees for public improvements in future phases which are essential for the protection of the public welfare and any existing or proposed phase of the plan.
B. 
All phases must conform to the preliminary plan application as previously approved by the Borough. Any phase that contains substantive changes in the number of lots, location of lots, buildings or streets previously approved in the preliminary plan will require complete resubmission of the preliminary application in accordance with this chapter.
C. 
Each phase, except for the last phase, shall contain a minimum of 25% of the total number of dwelling units as depicted on the preliminary plan unless the Borough approves a lesser percentage for one or more of the phases.
A. 
The Borough may offer the mediation option as an aid in completing the proceedings authorized by this article. Mediation shall supplement, not replace, the defined procedures in this article once they have been formally initiated. Nothing in this section shall be interpreted as expanding or limiting Borough 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 Borough Council 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 article or in the Pennsylvania Municipalities Planning Code, provided that there is written consent by the mediating parties and by an applicant or the commissions 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 appropriate decisionmaking body pursuant to the authorized procedures set forth in this article. 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 applicant in order to facilitate financing, the Borough Council shall furnish the landowner and/or developer with a signed copy of a resolution indicating approval of the final plat contingent upon the landowner and/or developer obtaining a satisfactory completion bond. The final plat shall not be signed nor recorded until the completion bond and development agreement are executed. The resolution shall expire and be deemed to be revoked if the completion bond and development agreement are not executed within 90 calendar days, unless the Council grants a written extension. Such extension shall not be unreasonably withheld and shall be placed in writing at the request of the landowner and/or developer.
A. 
No plan shall be given final approval by the Borough Council unless the public improvements required by this chapter have been installed in accordance with the standards set forth in Article V.
B. 
In lieu of the completion of any improvements(s) required prior to, and as a condition for, final approval, the applicant shall provide for the deposit, in a form acceptable with the Borough of financial security in an amount sufficient to the Borough to cover the costs of such improvement(s) or common amenities.
C. 
The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost completion estimated by the landowner and/or developer. Annually, the Borough may adjust the amount of the financial security by comparing the actual cost of the improvement(s) which have been completed and the estimated cost for the completion of the remaining improvement(s) as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to the annual adjustment, the Borough may require the landowner and/or developer to post additional security in order to assure that the financial security equals 110%.
D. 
The amount of the financial security required shall be based upon an estimate of the cost of completion of the required improvement(s) submitted by the applicant and prepared by a registered professional engineer and certified by such engineer to be a fair and reasonable estimate of such cost. The Borough Engineer shall review the proposed estimate and make a recommendation to the Borough Council as to acceptance and may provide an estimate if deemed unacceptable.
(1) 
If the applicant and the Borough cannot agree upon an estimate, then the estimate shall be recalculated and recertified by another registered professional engineer chosen mutually by the applicant and the Borough. The estimate by the third engineer shall be deemed as the final estimate.
(2) 
If a third engineer is selected, the fees for services shall be evenly divided between the applicant and the Borough.
E. 
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 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 equal to 110% of the revised cost of completing the improvement(s) as established on or about the one-year anniversary of the original posting. The revised costs shall be determined by using the same manner as described for the initial financial security.
F. 
When the Borough accepts dedication of all or some of the required improvement(s) following completion, the Borough Council shall require the posting of financial security to secure the structural integrity of the improvement(s) in accordance with the design and specifications as depicted on the final plan. The term for financial security for the maintenance of the improvement(s) shall be 18 months and the amount shall not exceed 15% of the actual cost of installation.
A. 
When the applicant has completed all of the necessary and appropriate improvements, he/she shall notify the Borough, in writing, by certified or registered mail, of the completion of said improvements, and shall also send a copy to the Borough Engineer. The Borough shall, within 10 days after receipt of such notice, direct the Borough Engineer to inspect all of the installed improvements.
B. 
Within 30 days of authorization by the Borough Council, the Borough Engineer shall file a report, in writing, of the result of the inspection. A copy shall also be forwarded to the applicant by certified or registered mail. The report shall detail the improvements and shall indicate approval or rejection, in whole or in part, of the improvement(s). Rejection, in whole or in part, of the improvement(s) shall contain a statement of reasons for such recommendation.
C. 
The Borough shall notify the applicant within 15 days of receipt of the Engineer's recommendation, in writing, by certified or registered mail, of the action by the Borough Council.
D. 
If any portion of the said improvement(s) shall not be approved, or shall be rejected, by the Borough, the applicant shall proceed to complete the same and, upon completion, the same procedure of notification as identified above shall be followed.
E. 
The applicant shall reimburse the Borough for the reasonable and necessary fees based upon a schedule established by ordinance or resolution. Such fees shall be those customarily paid for engineering or consulting work performed in the Borough.
F. 
Billing, reimbursements and disputes. See the Pennsylvania Municipalities Planning Code § 510, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10510.
A. 
As the work of installing the required improvements proceeds, the applicant may request the Borough to release or authorize the release, from time to time, of such portions of the financial security necessary for payment to the contractor or contractors performing the work.
B. 
Any such requests must be in writing and describe the portion of the work claimed to be completed and the amount of security requested to be released.
C. 
The Borough shall have 45 days from receipt of such request to have the Borough Engineer certify in writing to the Borough that such portion of the work upon the improvements has been completed in accordance with the approved plat. Upon such certification, the Borough shall authorize release by the bonding company or lending institution of an amount as estimated by the Borough Engineer fairly representing the value of the improvements completed, or if the Borough fails to act within said forty-five-day period, the release of funds shall be deemed approved. Notwithstanding anything to the contrary, the Borough may, prior to final release at the time of completion and certification by its appointed Engineer, require retention of 10% of the estimated cost of improvements.
D. 
If any portion of the said improvement(s) shall not be approved, or shall be rejected, by the Borough, the applicant shall proceed to complete the same and, upon completion, the same procedure of notification as identified above shall be followed.
E. 
The applicant shall reimburse the Borough for the reasonable and necessary fees based upon a schedule established by ordinance or resolution. Such fees shall be those customarily paid for engineering or consulting work performed in the Borough.
F. 
Billing, reimbursements and disputes. See the Pennsylvania Municipalities Planning Code § 510, as amended.
A. 
Where the applicant shows to the satisfaction of the Borough that the literal compliance with any mandatory provision of these regulations causes undue hardship to the applicant because of peculiar conditions pertaining to the particular property, the Borough may grant a modification to one or more provisions of this chapter. Such modification, however, shall not have the effect of nullifying the intent and/or purpose of this chapter.
B. 
In granting any modification, the Borough may impose such conditions as will substantially secure the objectives of the standards and requirements of this chapter.
C. 
All requests for modification of any standard and/or requirement contained in this chapter shall be made in accordance with the following procedure:
(1) 
The request shall be made in writing and shall accompany the preliminary plan application. The request shall include:
(a) 
A full description of the unreasonableness or hardship on which the request is based and any peculiar circumstances.
(b) 
A full description of the alternative standard proposed to provide equal or better results.
(c) 
The section(s) of this chapter that are requested to be modified and the minimum modification necessary to relieve the hardship.
(2) 
The request for modification shall be reviewed by the Planning Commission during preliminary plan review to determine compliance with the requirements in Subsection C(1), above, and shall be recommended for action to the Borough Council.
(3) 
The Borough Council, after receipt of the Planning Commission's recommendation, shall complete its own review and shall grant or reject the required modification.
(4) 
If the modification is granted, a note shall appear on the final plan for recordation.
(5) 
The Borough Council shall keep a written record of all action on all requests for modifications.
A. 
Upon approval of a final plat by the Borough, the applicant shall, within 90 days of such final 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, record such plat in the Allegheny County Department of Real Estate. The Allegheny County Department of Real Estate shall not accept any plat for recording unless such plat officially notes the approval of the Borough Council and the review of the Allegheny County planning agency or its designee. The recording of the plat shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject plat. Approval certification shall be in accordance with county and/or Borough language as outlined and/or referenced in this article and Article X, Required Signature and Stamp Blocks.
B. 
In the event that the plan has not been recorded within the required 90 calendar days, the President of Borough Council and the Chairman of the Planning Commission are authorized to reinstate the Borough's approval for recording upon receiving a report from the Borough Engineer that there are not changes in the subdivision or land development plan previously granted approval and that all requirements of this article regarding posting of a complete plan is submitted for reinstatement of approval within 90 calendar days following the expiration of the original 90 calendar days from the date of final approval.
C. 
Any request for final approval which is submitted after 180 calendar days from the date of the original granting of final approval shall be required to resubmit an application for final approval in conformance with the requirements of this chapter.
D. 
Upon recording of the final plat in the office of the Allegheny County Department of Real Estate, the applicant shall deliver to the Borough two paper prints of the final plat as recorded. In addition to the two paper prints, the applicant must submit one Mylar and one copy of the final plat in an electronic format compatible with the Borough's geographic information system (GIS).
E. 
At the time of final plat submission, the applicant shall be required to pay a recorded plan deposit in an amount determined from time to time by resolution of the Borough Council.
F. 
Said deposit shall be returned to the applicant when the Borough receives the two signed and recorded paper prints of the final plat, the one Mylar and the one electronic copy, or when the applicant has officially withdrawn the application.