Prior to filing an application for preliminary
approval, the developer may appear before the Planning Commission
for a preapplication conference to discuss the applicable regulations
governing subdivision and/or development of the property and the feasibility
and timing of the application. The preapplication conference is voluntary
and no formal application or fee is required. This opportunity is
afforded to the developer to obtain information and guidance before
entering into binding commitments or incurring substantial expenses
for plan preparation.
[Amended at time of adoption of Code (see AO)]
1.
The applicant shall file 10 copies of an application for preliminary approval of a subdivision or land development to the Zoning Officer, including the form provided by the Borough, at least 21 days prior to the regular meeting of the Planning Commission. The preliminary application shall not be considered to be complete and properly filed unless and until all items required by § 22-403 of this chapter, including the application fee, have been received.
2.
Upon receipt,
the application shall be stamped with the date of receipt by the Borough.
Upon receipt, copies of the application shall be distributed to each
member of the Planning Commission and to the Engineer for review.
The Zoning Officer shall submit one copy of the application to the
Allegheny County Planning Department for review and comment within
five days of receipt. Copies also may be referred to any other appropriate
review agency at the request of the Planning Commission.
Preliminary application content for subdivision
shall include the following:
1.
Ten copies of
the completed application form supplied by the Borough.
3.
Ten copies of
a preliminary plat, all drawings on sheets not exceeding 34 inches
by 44 inches, containing the following information:
A.
A boundary survey
by a registered professional land surveyor and topographical survey
of the total proposed subdivision by a registered professional engineer
or registered professional land surveyor. If the developer intends
to develop a tract of land in phases, the preliminary plat must include
the total tract.
B.
The proposed
name of the subdivision.
C.
The name, address,
certification and seal of the registered engineer or registered surveyor
who prepared the plat and the registered surveyor who did the survey
shown on the plat.
D.
The name and
address of the developer and, if the developer is not the landowner,
the name and address of the landowner.
E.
A location map
showing the plan name and location, major existing thoroughfares related
to the site, including the distance therefrom, scale and North point.
F.
The graphic
scale, North point and date.
G.
The legend and
notes.
H.
The existing
platting of land adjacent to the site and all existing sewers, water
mains, culverts, petroleum or gas lines and fire hydrants on or within
100 feet of the site.
I.
Existing watercourses,
wetlands, tree masses and other significant natural features.
J.
Areas subject
to periodic flooding, as identified on the current Official Map for
the Borough issued by the Federal Insurance Administration.
K.
Contours at
intervals of elevation of not more than five feet where the slope
is greater than 10% and at intervals of not more than two feet where
the slope is 10% or less.
L.
Existing streets
and rights-of-way on or adjoining the site, including dedicated widths,
roadway widths, approximate gradients, types and widths of pavements,
curbs, sidewalks and other pertinent data.
M.
Existing and
proposed easements, locations, widths and purposes.
N.
Location, width
and approximate grade of all proposed streets, parking areas and loading
areas.
O.
The layout of
lots (showing scaled dimensions), lot numbers and the area of lots
in square feet.
P.
Front building
lines.
Q.
Parcels of land
proposed to be reserved for schools, parks, playgrounds or other public,
semipublic or community purposes, if any. Parcels shall be lettered
"A," "B," "C," etc., and the area of each parcel, in acres, shall
be shown.
R.
Tabulation of
site data, either on the plan or on an eight-and-one-half-foot by
eleven-foot sheet of paper attached to the plan, including total acreage
of land to be subdivided, the number of residential lots, typical
lot size, the acreage in the subdivision or land development and the
acreage in any proposed recreation or other public areas.
S.
Proposed public
improvements. The size of each should be shown and the location of
or distance to each existing utility indicated. The feasibility of
connection and the capacity of each utility to handle the additional
load shall be indicated.
T.
Sewage Planning
Modules, as required by the Pennsylvania Department of Environmental
Protection (DEP) or its successor agency.
U.
A soils report
from the U.S. Department of Agriculture Natural Resources Conservation
Service (NRCS) regarding soil conditions on the site.
All applications for preliminary approval of
a land development, as defined by this chapter, shall contain the
following:
1.
Ten copies of
the completed application form supplied by the Borough.
3.
Evidence that the lot or lots on which the land development is proposed are lots of record in a plan of subdivision or the preliminary plat required by § 22-403 of this chapter.
4.
An existing site
conditions report and maps, prepared by a licensed professional engineer,
architect, landscape architect or certified planner, which documents:
A.
[1]All existing structures on the site and extending 200 feet
beyond the site, including use, size, structural characteristics,
condition and historic or architectural significance, if any.
[1]
Editor's Note: Original Section 4.4(d)(1),
dealing with surface and subsurface conditions, was deleted 3-23-1998
by Ord. No. 1088.
B.
All existing
utilities, easements and rights-of-way present on, above, below and
adjacent to the site, including any discharge points into rivers or
streams, with information on ownership, capacity and conditions.
C.
Existing topography
on the site and extending 200 feet beyond the boundaries of the site,
with two-foot contour intervals shown in areas of less than 10% slope
and five-foot contour intervals shown in areas where slope is 10%
or more.
D.
Areas of the
site prone to flooding or to sewer backup and other environmentally
sensitive areas, including wetlands, steep slopes, landslide-prone
areas, wooded areas and any areas of unusual or unique vegetation
or habitat.
E.
Existing lot
or parcel boundaries, within the land development site and adjacent
to the site, extending for a distance of 200 feet therefrom, including
ownership and lot and block identification numbers for all parcels
and zoning classification.
5.
An analysis of the traffic impacts of the proposed land development, prepared in accordance with the requirements of § 22-408 this chapter. The analysis shall identify measures needed to safely accommodate traffic associated with the proposed development, measures needed to assure an acceptable level of service and the means for implementation of such measures.
6.
A visual analysis
report, prepared by a registered architect, landscape architect or
certified planner, which evaluates the visual character of the site
of the proposed land development in relation to the natural and developed
features of the areas and communities that surround the proposed land
development. This report shall include an evaluation of views to and
from the site and visual relationships of the site to adjacent developed
areas, and major natural features such as rivers and hillsides.
7.
A land development
plan consisting of maps, narrative and statistical information which
includes:
A.
Zoning classification
of all land included in the land development.
B.
Proposed division
of the site into development parcels, showing also any land proposed
or required for use as public or common recreation, park and open
space.
C.
A plan of subdivision,
if required.
D.
Proposed transportation
system within the land development and relation to the transportation
system outside of the site, including streets by classification (local,
collector, arterial); railroads, if any; and public transportation.
E.
Grading plan,
showing proposed topography with two-foot and five-foot contour intervals
(as required for existing topography) within the land development
and extending a sufficient distance beyond the site to show relationships
of proposed grading to off-site areas. Supporting information shall
include street center-line profiles and cross sections through the
site sufficient to illustrate the final appearance of the proposed
grading in relation to all proposed structures and site improvements.
F.
Erosion and
sedimentation control plan, prepared in accordance with regulations
of the Pennsylvania Department of Environmental Protection.
G.
Proposed general
use classification for all existing structures to be retained, with
floor areas and calculation of required parking, open space and other
areas required for the proposed use.
H.
Proposed general
use classification for land to be made available for development,
with proposed maximum intensity of use, and calculations of required
parking, open space and other areas required for the proposed uses.
I.
Proposed plans
or standards for landscaping, lighting, signage, pedestrian circulation
and all other elements of site design.
J.
The layout of
parking areas; patterns of pedestrian and vehicular circulation on
the site; and location, size and specifications for private improvements
such as curbs, sidewalks, driveways, parking areas, landscaping strips
or planters, wheelstops, and location and specifications for lighting
of parking areas and walkways.
K.
A plan for utilities,
including location and specifications for potable water supply, sanitary
sewerage and treatment facilities, stormwater management, electricity,
telephone and other communications and natural gas.
L.
Proposed phasing
of land development, including a proposed schedule for filing of final
plans for the various sections.
M.
A draft of easements,
dedications and other restrictions and legal agreements which are
needed to assure that land and structures within the development will
be constructed, maintained and used in accordance with the approved
land development plan.
[Amended 3-23-1998 by Ord. No. 1088]
8.
In the case of
a land development containing:
[Amended 3-23-1998 by Ord. No. 1088]
A.
Costs and benefits
of the proposed land development which include detailed information
on public costs and benefits associated with the proposed land development.
The analysis shall describe fully all assumptions and data used to
prepare estimates of the following:
(1)
Real estate
tax revenues to be generated from land development and new construction.
(2)
Any other
sources of municipal or school district revenues attributable to the
proposed development.
(3)
Municipal
and other public costs associated with the proposed land development,
including any proposed public participation in the capital costs of
the proposed development, including municipal, county, state and federal
government participation of every kind.
(4)
Continuing
costs to the municipality and other units of government attributable
to the proposed development, including maintenance of streets and
other public facilities and costs for services of every kind.
9.
A summary narrative,
which describes the overall character of the proposed land development;
lists all of the materials which have been submitted; and identifies
the extent of which the proposed land development does or does not
meet the standards and requirements of these land development regulations,
applicable zoning regulations and any other applicable requirements
of municipal, county, state or federal governments.
1.
After a preliminary
application has been approved by Borough Council, the developer may
proceed by filing either of the following types of applications:
A.
A final application without final plat approval, whereupon required improvements are installed prior to a request for final plat approval. In the case of a final application which does not include final plat approval, the completion bond required by § 22-505 shall not be required; however, all other materials required to complete a final application, including the final plat required by § 22-406.7, shall be submitted. The application filing fee shall be submitted at the time of filing the final application without plat approval and additional application filing fees shall not be charged at the time of the request for final plat approval, if the request for final plat approval is submitted within 12 months of the date of submission of the final application without plat approval. However, application review fees shall be charged both at the time of filing of the final application and at the time of submission of the final plat in accordance with the requirements of § 22-1001 of this chapter.
[Amended 12-10-1992 by Ord. No. 1031; 6-11-1998 by Ord. No.
1090]
B.
A final application, including final plat approval, together with the completion bond to guarantee proper installation of required infrastructure and utilities improvements in the plan. In such cases, final application shall not be considered to be complete and properly filed unless and until all items required by § 22-406 or 22-407 of this chapter, including the application fee, have been received.
[Amended 3-23-1998 by Ord. No. 1088]
2.
In either case,
the applicant shall submit 10 copies of the final application to the
Borough, including the form provided by the Borough, at least 10 working
days prior to the regular meeting of the Planning Commission. A copy
of the approved preliminary plan shall accompany the final application.
3.
Upon receipt,
the application shall be stamped with the date of receipt by the Borough.
Upon receipt, copies of the application shall be distributed by the
Borough Engineer, members of the Planning Commission and the President
of Borough Council.
All applications for final approval of a subdivision
shall include the following items:
1.
Ten copies of
the completed application form supplied by the Borough.
3.
One copy of the
approved preliminary plan.
4.
Construction
plans for public improvements prepared by a registered professional
engineer drawn on sheets measuring 24 inches by 36 inches showing
the following:
B.
Street plan
and profile of each street in the plan, including the terminus of
all streets in the plan and any area beyond the limits of the plan
where grading is proposed to construct the street. Street plan and
profile drawings shall include all drainage easements over property,
location of catch basins, inlets, manholes, headwalls and endwalls
of the stormwater system. Top and invert elevations shall be shown
along with the pipe size. Profile of storm pipe shall show any crossing
sanitary sewer lines and may be placed on a separate drawing. Lot
lines and lot numbers shall be included in the street plan view.
[Amended 12-10-1992 by Ord. No. 1031]
C.
At least three
cross sections at intervals not to exceed 100 feet and extending 50
feet outside of the street right-of-way, whichever is greater.
D.
Sanitary sewer
plan and profile drawing which shall include lot lines and numbers
on the plan view. The location of the sanitary sewers, manholes and
location of each "Y" proposed for installation shall be shown. The
grade line, distance and pipe size of each line shall be indicated
on the plan and profile. The top and invert elevation of each manhole
plus invert grades at fifty-foot intervals shall be provided.
E.
All construction
drawings shall be prepared according to accepted engineering and construction
standards and in accordance with the standard sanitary and storm sewer
details available from the Borough.
5.
A completion bond to guarantee proper installation of public improvements as required by § 22-505 of this chapter, except in the case of final applications without final plat approval, as provided for in § 22-405.1 of this chapter.
6.
A summary of
the proposed covenants and deed restrictions for the proposed development
and a management plan for the operation and maintenance of any common
open space.
[Amended 3-23-1998 by Ord. No. 1088]
7.
Ten copies of
the final plat in accurate and final form for recording which clearly
delineates the following:
A.
The name of
the subdivision.
B.
The name and
address of the developer and, if the developer is not the landowner,
the name and address of the landowner.
C.
The name, address,
certification and seal of the registered land surveyor who prepared
the plat.
D.
The North point,
graphic scale and date.
E.
Accurate boundary
lines, with dimensions and bearings.
[Amended 12-10-1992 by Ord. No. 1031]
F.
Accurate locations
of all existing and recorded streets intersecting the boundaries of
the tract of land described in the final plat.
G.
Lot numbers
and dimensions.
H.
Final building
lines.
I.
Easements for
public improvements and any limitations on such easements.
J.
Dimensions and
bearings of any property to be reserved for public, semipublic or
community use.
K.
Street names.
L.
Complete curve
data for all curves included in the final plat, including radius,
arc length, chord bearing and chord distance. Lines which join these
curves that are nonradial or nontangential should be so noted.
M.
Street lines
with accurate dimensions in feet and hundredths of feet.
N.
If applicable,
a notation on the plat that access to a state highway shall only be
authorized by a highway occupancy permit issued by the Pennsylvania
Department of Transportation under § 420 of the State Highway
Law (P.L. 1242, No. 428, of June 1, 1945).[2]
[2]
Editor's Note: See 36 P.S. § 670-420.
O.
Irrevocable
offers of dedication for all facilities proposed to be dedicated to
the Borough.
P.
Signed declarations,
as required by Allegheny County for recording.
All applications for final approval of a land
development, as defined by this chapter, shall include the following:
1.
Ten copies of
the completed application form supplied by the Borough.
3.
Evidence that
the lot or lots on which the land development is proposed are lots
of record in a plan of subdivision or the final plat required by § 22-406.7
of this chapter.
[Amended 6-11-1998 by Ord. No. 1090]
4.
One copy of the
approved preliminary land development plan.
5.
The applicant
shall submit final, detailed construction drawings of all required
site improvements and site preparation activities, and final building
site plans showing locations of buildings in relation to all elements
of site development for building construction or uses proposed by
the applicant.
6.
Copies of all
required permits and approvals from county, state and federal agencies
shall be submitted, including certification of water supply and, if
required, state and/or county highway occupancy permits.
7.
If the land development
plan encompasses property in two or more municipalities, evidence
that an application for final approval of the land development plan
is submitted and pending approval in the other municipality(ies).
8.
If the application
for land development plan approval includes property in the Waterfront
Development District (WDD), Planned Commercial District (PCD) or the
Historic District, the applicant shall also submit a building site
plan showing location of proposed buildings and relation to all elements
of site development. The applicant shall also submit building elevation
drawings, perspective drawings and other information as may be necessary
to illustrate significant visual relationships among proposed buildings
and site development, between the development site and surrounding
areas of the community, and the manner in which the proposed development
relates to important visual characteristics of the site identified
under § 22-404.6 above.
[Added 12-10-1992 by Ord. No. 1031;
amended 3-23-1998 by Ord. No. 1088]
A traffic impact report shall be required to
be submitted with the preliminary application for all subdivisions
or land developments which propose any residential development which
contains more than 25 dwelling units or any development which, according
to the Institute of Transportation Engineers (ITE) standards, will
generate in excess of 100 trips per day.
1.
Content of traffic
impact report. The traffic impact report shall contain the following
data and information:
A.
General site
description. A detailed description of the roadway network within
1/2 mile of the site, a description of the proposed land uses, the
anticipated stages of construction and the anticipated completion
date of the proposed development shall be provided. This description,
which may be in the form of a map, shall include the following items:
(1)
All major
intersections.
(2)
All proposed
ingress and egress locations.
(3)
All existing
roadway widths and rights-of-way.
(4)
All existing
traffic signals and traffic control devices.
(5)
Any changes
to the roadway network proposed by any governmental entity.
(6)
All existing
and proposed public transportation services and facilities within
a one-mile radius of the site.
B.
Description
of existing capacities and levels of service of all streets and intersections
within 1,000 feet of the site.
C.
A determination
of trip generation expected to result from the proposed development
based on the ratios and methodology contained in the current edition
of the Manuals of the Institute of Transportation Engineers (ITE).
D.
The impact of
the proposed development on existing roadway and intersection levels
of service within 1,000 feet of the site.
2.
Traffic control
devices. Whenever, as a result of additional traffic generated by
a proposed development, the traffic impact report determines the need
for a traffic signal or regulatory sign on any right-of-way within
or bounding the site, the developer shall be responsible for installing
the pro rata share of said devices and signs attributable to the development.
3.
Other traffic
improvements. Whenever, as a result of additional traffic generated
by a proposed development, the traffic report identifies the need
for additional traffic lanes (acceleration, deceleration or turning)
or other traffic improvements on any right-of-way within or bounding
the site, the developer shall be responsible for installing the pro
rata share of said improvements attributable to the development. All
reports shall reflect appropriate target dates and analysis reflect
full build-out impact of the proposed development on levels of service
and considerations of growth in other traffic.
The Planning Commission and Borough Council
shall approve a land development plan only if it complies with all
of the following criteria and with the specific requirements for design
and improvements contained in Parts 6 and 7 of this chapter.
1.
Land shall be
suitable for the uses proposed. No land which contains hazardous substances,
or which is susceptible to flooding, subsidence or sliding shall be
developed until it has been made safe for the uses proposed.
2.
Land development
shall preserve, to the maximum extent possible or as may be required
by municipal, county, state or federal law, significant natural site
features including but not limited to steep slopes, prime agricultural
soils, mature woodlands, wetlands and areas of significant or unique
vegetation or habitat.
3.
Land development
shall consider visual features of the site as identified in the visual
analysis report.
4.
Land development
shall preserve to the maximum extent possible significant historic,
architectural and archaeological resources present on the site.
5.
Land development
shall minimize alteration of natural land forms, shall not create
abrupt or steep changes in elevation within the site or between the
site and adjacent areas and shall result in stable slopes.
6.
Development on
land which includes frontage along a river should provide for public
access to and along the riverfront and should consider improvement
of such areas in a manner suitable for public and recreational use.
7.
Land development
shall relate harmoniously to development in adjacent areas and to
development in the community as a whole, as indicated by the following:
A.
Land development
shall be consistent with current community goals and objectives as
these may be expressed in the Municipal Comprehensive Plan, statements
of community development objectives, statements of zoning district
purposes and other official expressions of community development goals
and policies for the future.
B.
Land development
shall comply with all standards and requirements of the zoning district
or districts in which it is located and with all the applicable design
standards and requirements for improvement contained in these subdivision
and land development regulations.
C.
If a land development
plan encompasses land in other municipalities, approval by the Borough
of the development plan for land within its jurisdiction shall be
conditioned upon provision by the applicant of proof of approval (or
similarly conditioned approval) by all of the municipalities involved.
D.
Land development
shall be compatible with plans and policies of county, state and federal
governments applicable to the site or location of the proposed land
development.
E.
Transportation,
utility and open space systems within a land development shall connect
with and be coordinated with the overall systems of the community
or communities in which the development is located.
8.
Traffic generated
by the land development shall not increase congestion, create or increase
hazards or unsafe conditions or cause a reduction in the level of
service provided by streets which provide access to the land development.
Where any of these impacts would result from a proposed land development,
the governing body may require that the applicant pay a proportionate
share of the cost of capital improvements needed to mitigate the adverse
impacts on any right-of-way within or bounding the site caused by
the proposed land development.
9.
The design of
a land development shall create attractive and usable sites for buildings,
with all necessary improvements.
A.
Every lot, parcel
or building site within a land development shall be provided with
approved sanitary sewage facilities and potable water supply, and
natural gas, electric, telephone and other public utility services
accessible to the land development.
B.
Every lot, parcel
or building site within a land development shall have an area large
enough to accommodate the proposed use, together with all parking,
setback, buffer and other open space areas required by the zoning
regulations applicable to the site.
C.
Every lot, parcel
or building site within a land development shall have access to a
street of sufficient capacity to serve the proposed use and shall
be accessible by emergency vehicles.
10.
A land development
shall provide water supply and hydrants for fire fighting, streetlights,
street signs, street trees and landscaping in accordance with the
requirements of the municipality or responsible entity.
11.
The land development
shall provide facilities for the safe management of stormwater runoff
from the site in a manner which assures that no increased risk of
flooding on, adjacent or downstream of the site will result from the
land development. If the land development is located in a watershed
for which a watershed stormwater management plan is in effect pursuant
to the Pennsylvania Storm Water Management Act (Act 167 of 1978),[1] then all stormwater management facilities shall be in
compliance with the watershed plan and its implementing ordinances.
[1]
Editor's Note: See 32 P.S. § 680.1
et seq.
12.
If a land development
is proposed to be developed in phases, the phasing shall be such that:
A.
No building
shall be occupied and no land shall be used until all required improvements
are in place to serve the building or land proposed for occupancy
or use.
B.
If improvements,
including streets, or land are proposed for dedication to and subsequent
maintenance by the municipality, acceptance by the municipality shall
not occur until land to be served by the publicly maintained improvements
has been developed and placed in use.
C.
The proposed
timing and geographic phasing of the land development shall be planned
to minimize disruption of adjacent areas and negative impacts upon
the community caused by site preparation and construction activities.
D.
The proposed
land development will generate benefits to the municipality which
equal or exceed municipal costs associated with construction and ongoing
operation of land development.
E.
If any permit
required by a public agency has not been issued or if any required
financial participation by a public agency has not been committed
at the time that an application for approval of a preliminary land
development plan is decided, then the approval shall be conditioned
upon receipt of all required permits and public financial contributions.
