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.
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.
(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.
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.
(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.
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.
(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.
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:
(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.
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:
(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:
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:
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.
(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:
Provisions within any homeowners' association bylaws shall include
procedures related to:
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.
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.
