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 proposed plan relative to the transportation, environment,
and other aspects of an application.
B.
Any 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 such replatting or revision is limited to a survey correction.
Three types of approvals regulate lot revisions, lot consolidations,
subdivisions and land development. The three approvals include:
Applicants are required to apply for and receive simple subdivision
approval from the Borough in accordance with the following criteria:
Applicants are required to apply for and receive subdivision
and land development approval from the Borough in accordance with
the following criteria:
A.
A voluntary sketch plan conference with the Planning Commission is
recommended for subdivisions and land development applications. The
sketch plan conference requires no formal application or fee.
B.
Any materials submitted for a preapplication conference shall not
be considered an application for final review. These opportunities
are afforded to the developer to obtain information and guidance before
entering into binding commitments or incurring substantial expenses
for plan preparation.
C.
The applicant shall notify the Borough at least 14 calendar days
prior to the regular meeting of the Planning Commission regarding
his/her desire to attend a preapplication conference with the Planning
Commission.
D.
Sufficient information shall be provided on the sketch plan to clearly
indicate the character and extent of the proposed subdivision and/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 map establishing the location of
the proposed plat and a plan showing any existing or proposed streets,
property lines, building sites, utilities, and natural features, including
topographic contours and any other significant elements within the
proposed subdivision or land development. Such plans are not required
to be engineered drawings but shall be drawn to scale. The preparation
of a sketch plan shall not constitute the filing of an application
for approval of a plat.
All subdivisions, simple subdivisions, and land development
applications shall include the following, plus any additional information
and copies as required by the Borough.
A.
One application form as specified and obtained from the Borough.
B.
One letter of transmittal, identifying the proposed activity and
the purpose for the development.
C.
A minimum of seven copies of the preliminary plan. One electronic
file shall be submitted of all plans, maps, and drawings in a format
compatible to the Borough of Mount Oliver regulations.
D.
Application filing fee (see Fee Schedule available at the Borough
office). The fee shall be submitted in the form of a check or money
order payable to the Borough of Mount Oliver.
E.
Where applicable, a copy of the decision granting approval of any
zoning variance, conditional use, or special exception as required,
including all conditions imposed.
F.
The plat(s) shall be at a scale of not less than one inch equals
100 feet. They shall be drawn in accordance with standard architectural
and engineering practices using standard map symbols to clearly indicate
the following information:
(1)
Name of the proposed project.
(2)
Location map showing the subdivision/land development location (including
major transportation routes, title, north arrow and graphic scale).
(3)
Property lines, adjacent property owners, and parcel block and lot
numbers.
(4)
Name, address, and telephone number of property owners and the firm
that prepared the plan(s).
(5)
The entire existing tract boundary with bearings and distances as
per deed.
(6)
The total acreage of the entire existing tract.
(7)
Zoning information legend (to include, but not limited to, district,
minimum lot size, density, requirements).
(8)
Building setbacks.
(9)
Streets abutting the property, indicating names, right-of-way widths
and cartway widths.
(10)
Existing and proposed easements, indicating location, width,
purpose and lessee.
(11)
Location of existing buildings, roads, and parking lots.
For all subdivision and land development applications, except simple subdivisions, the following shall be provided at the time of submission in addition to the items required in § 219-14:
A.
The layout of lots, with approximate dimensions, including setback
and/or building lines.
B.
The location of all sanitary sewer and stormwater management structures.
C.
In developments proposed for uses other than single-family dwellings,
a parking plan indicating location of parking area(s), arrangement
of spaces, access lanes and number of cars to be accommodated; the
configuration of the proposed building(s); and all other significant
planned facilities.
D.
Location, size and general layout of public areas, open space and
recreation areas.
E.
Typical street cross sections for each proposed street and typical
cross section for any existing street that will be improved.
F.
Proposed street names.
G.
A statement on the plan indicating requested modifications to the
provisions of this chapter.
H.
Building elevation drawings, including types of exterior building
materials utilized.
I.
Proposed landscape plan.
J.
Existing contours at two-foot intervals and a grading plan.
K.
A description of the soil types located on the tract, delineating
all slide-prone areas as well as any mined areas.
L.
A description of the tract locating existing and pre-existing gas
and oil wells.
M.
Where applicable, a sewerage facilities planning module for land
development 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 submission.
N.
A stormwater management plan.
O.
A description of the method to be utilized and the organization formed
for the maintenance of any common areas and facilities not to be dedicated
for public use.
P.
A statement that the proposed subdivision or land development will
not cause any environmental hazard or subsidence.
Q.
Profiles and other explanatory data concerning installation and construction
of sanitary and storm sewer systems and other utility systems. The
size or capacity of each should be shown and the locations and distance
to each utility indicated.
R.
Street pattern, showing the names (which shall not duplicate names
of other streets in the post office district) and width of rights-of-way
and cartways of streets, and width of crosswalks, easements and alleys;
proposed lot lines with approximate dimensions and areas and parcels
of land proposed to be dedicated or reserved for public use; proposed
watercourses and detention ponds; proposed phasing of land development;
typical section of all streets.
S.
Datum to which contour elevations refer shall be U.S. Coast and Geodetic
Survey datum.
T.
Provisions for collecting and discharging surface drainage on or
off the site, pipe sizes, location, sizes of inlets and catch basins,
etc., and preliminary design of any bridge and culvert which may be
required.
U.
Block for signatures of the Planning Commission, the Council and
the Engineer and date of approval.
V.
Land development plans shall show building locations and waivers
from the regulations herein established and citing the reasons for
same.
W.
Water supply. Water supply shall be provided by the official water
service provider designated by the Borough. Proof of service from
such provider shall accompany all information submitted for review.
X.
Sewage supply.
Y.
Reports and studies. To ensure a full and adequate review of the
land development proposal, the Borough may request the submission
of more detailed information. Based on the size and special characteristics
of a particular project, the following additional information may
be requested for the purpose of assessing the impacts and consequences
of the project, including, but not limited to:
Z.
Construction plans for public improvements, as prepared by a registered
engineer, which show the following:
(1)
A grading plan which shall include finished land contours and grades,
directions of water movement, type of soils, location of silt fences
and erosion control measures, and ground floor elevations.
(2)
A site plan indicating the location of all proposed buildings, parking
areas, landscaping, internal circulation system, and common and open
space areas.
(3)
Plans in profile of each street in the plan.
(4)
Cross sections of each street at intervals not to exceed 100 feet
and extending 25 feet outside the street right-of-way.
(5)
All drainage easements over private property.
(6)
A stormwater management plan which complies with Chapter 212, Stormwater Management, of the Borough Code of Ordinances, and the standards provided in the administrative section of this chapter.
(7)
The location of all necessary sewers, manholes and catch basins;
the top and invert elevation of each inlet and manhole, together with
the grade of each sewer line.
(8)
The grade line, distance and pipe size of each line of the storm
drainage system within the plan and any storm drainage system immediately
adjacent thereto.
(9)
All pipe sizes shown by plan and profile.
(10)
The location of each wye as proposed for installation, including
a station for that wye, measured from the downstream manhole.
AA.
Supplementary information. The following information shall be provided
with all applications:
(1)
When applicable, notification from the Department of Environmental
Protection (DEP) that either approval of the sewer facilities plan
revision (plan revision module) or supplement has been granted, or
that such approval is not required.
(2)
Certificate, signature and seal of the surveyor signifying that
the survey is correct.
(3)
Certificate, signature and seal of the surveyor, engineer, landscape
architect or other professional that completed the final plan, signifying
that all other information shown on the plan is accurate.
(4)
When applicable, a copy of the application to the Allegheny
County Conservation District requesting approval of the erosion and
sedimentation control plan.
(5)
When applicable, a feasibility plan to provide solutions to
problems related to soil, water or mineral conditions underlying the
property.
(6)
When applicable, a copy of the homeowners' association
documents.
A.
An application for subdivision or land development shall be submitted
at least 14 calendar days prior to the next regularly scheduled monthly
meeting of the Planning Commission.
B.
Any application submitted later than 12:00 noon, 14 calendar days
before the Planning Commission's meeting, shall not be considered
at the regularly scheduled Planning Commission meeting.
C.
Applications shall be prepared in conformance with the provisions
of this chapter and any other applicable requirements of law. The
application shall not be considered complete and properly filed unless
and until all items required have been submitted and addressed by
the required deadline. Further, the plan shall demonstrate conformance
with the design standard requirements of this chapter.
D.
The Borough shall have 10 working days from the date of submission
to check the 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 of the
application as complete shall not constitute a waiver of any deficiencies.
E.
In the event the application is determined to be complete, the Planning
Commission shall review the application at its next regular meeting.
A copy of such plan shall have been submitted at this time to Allegheny
County Economic Development for review and comment. No application
shall be approved by Borough Council until the county review is received
or until the expiration of 30 days from the date the application was
forwarded to the county.
F.
After review of an application, the Planning Commission shall submit
a recommendation to the Borough Council. The recommendation of the
Planning Commission shall provide reasons for the recommendation and,
in the case of a recommendation for disapproval, shall cite the specific
requirements of this chapter which have not been met.
G.
Council shall render a decision and communicate it to the applicant
not later than 90 days following the date of the Planning Commission
meeting next following the date that the application was filed or
after a final order of the court remanding the application, provided
that should the said next regular meeting occur more than 30 days
following the filing of the application or the final order of the
court, the said ninety-day period shall be measured from the 30th
day following the day the complete application has been filed.
H.
Not later than 15 days after the public meeting at which a decision
is rendered by the Borough Council, the Borough shall communicate
such decision in writing to the applicant personally or by mailing
same to him at his last known address.
I.
Within the time period set forth above, the Council shall take one
of the following actions:
(1)
Approve the application.
(2)
Approve the application with conditions, subject to the applicant's
consent, in writing.
(3)
Disapprove the application on the basis of specified defects contained
therein and describe the requirements not met, with specific references
to the statutes or provisions of ordinances relied upon. Such disapproval,
with such specifics, shall be thereafter communicated in writing to
the applicant.
J.
Approval with conditions.
(1)
The applicant shall have 20 days to accept or reject any conditions
of approval imposed by the Borough in writing. Failure of the applicant
to so accept or reject such conditions shall result in the Borough's
automatic rescission of such conditional approval and denial of approval
without further action of the Borough Council.
B.
In lieu of the completion of any improvements required prior to,
and as a condition for, final approval, the applicant shall provide
for the deposit, in a form acceptable with the Borough and as specified
in the MPC, of a financial security in an amount sufficient to the
Borough to cover the costs of such improvements 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 developer. Annually, the Borough may adjust the amount
of the financial security by comparing the actual cost of the improvements
which have been completed and the estimated cost for the completion
of the remaining improvements as of the expiration of the 90th day
after either the original date scheduled for completion, or a rescheduled
date of completion. Subsequent to the annual adjustment, the Borough
may require the 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 improvements,
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 improvements
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
improvements following completion, the Borough Council shall require
the posting of financial security to secure the structural integrity
of the improvements in accordance with the design and specifications
as depicted on the final plan. The term for financial security for
the maintenance of the improvements 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 improvements. Rejection,
in whole or in part, of the improvements 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 improvements 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
developer may request the Borough to release or authorize the release,
from time to time, such portions of the financial security necessary
for payment to the contractor or contractors performing the work.
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 engineer, require retention of 10% of the estimated
cost of improvements.
D.
If any portion of the said improvements 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.
It shall be the applicant's/developer's responsibility
to obtain all necessary approvals from county, state, and federal
agencies and submit these approvals to the Borough.
A.
Upon approval of a final plat by the Borough, the developer and/or
landowner shall, within 90 calendar 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 office of the
Allegheny County Department of Real Estate.
B.
Approval certification shall be:
|
Approved by the [governing body] of [name of Municipality] by
resolution, this day of ___________, 20
| |
|
Signed and noted as approved this _________ day of _____, 20
_____:
| |
|
|
|
|
Secretary
|
[head of governing body] (Seal)
|
C.
Upon recording of the final plat in the office of the Allegheny County
Department of Real Estate, the developer and/or landowner 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).
