The following procedure shall apply to all applications
for approval of a subdivision or land development plan:
1.
Planning Commission
recommendation.
A.
At the first
regular meeting of the Planning Commission after the date of filing
of a preliminary application, the Planning Commission shall either
accept the application as properly filed or return the application
to the applicant for resubmission if the application is incomplete
or improperly filed. The acceptance of the application or return of
the application by the Planning Commission shall be in writing. If
the application is returned as incomplete, the written notice shall
cite the specific requirements of this chapter which have not been
met.
B.
The date of
the Planning Commission meeting at which the preliminary application
is accepted as complete and properly filed shall be the official date
of filing of the application and shall represent the beginning of
the sixty-day period for Planning Commission review and action on
the application.
C.
The Borough
Engineer or The Steel Valley Enterprise Zone Development Office shall
present a written report at the Planning Commission meeting which
states whether an application complies with the requirements of this
chapter, and that report shall be included in the minutes at the Planning
Commission meeting. The Planning Commission shall not make a recommendation
on the application until the report of the Borough Engineer or The
Steel Valley Enterprise Zone Development Office has been received.
D.
If the subdivision
or land development encompasses land in two more municipalities, the
applicant shall provide the Planning Commission with written evidence
that an application for approval of a subdivision or land development
plan has been filed with the other municipalities, within 10 working
days of the date of filing.
E.
Within 60 days of the official date of filing of the preliminary application, the Planning Commission shall make a written recommendation in accordance with criteria for land development plans listed herein to the Borough Council for approval, approval with conditions or disapproval of the preliminary application. The Planning Commission shall not make its recommendation until the review has been received from the Allegheny County Planning Department, or until 30 days has passed since the date that the application was submitted to the county for review in accordance with § 22-402 of this chapter. 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.
2.
Borough Council
action.
A.
Within 90 days
of the official date of filing of the preliminary application, Borough
Council shall either approve, approve with conditions or disapprove
the preliminary application at a public meeting. The recommendations
of the Planning Commission and the Planning Commission minutes containing
the report of the Engineer or The Steel Valley Enterprise Zone Development
Office shall be made a part of the record at the meeting.
B.
A letter indicating
approval, approval with conditions or disapproval shall be sent to
the applicant by regular mail within 15 days of the date of the decision.
If the preliminary application is not approved, Borough Council shall
specify the defects found in the preliminary application and cite
the requirements of this chapter which have not been met.
3.
Conditional approval. If Borough Council determines that certain conditions are warranted to be attached to preliminary approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by Subsection 2 of this section. The applicant shall accept or reject the conditions attached to the preliminary approval by giving written notice to the Borough Secretary within 30 days of the date of the meeting of the Borough Council at which preliminary approval is granted. If the applicant fails to give written notice to the Borough regarding acceptance or rejection of the conditions attached to preliminary approval within the required 30 days, preliminary approval shall automatically be rescinded without written notice to the applicant.
4.
Deemed approval.
Failure of Borough Council to render a decision and communicate it
to the applicant within the time and in the manner prescribed by this
chapter shall be deemed an approval of the application in the terms
as presented, unless the applicant has agreed, in writing, to an extension
of time or change in the prescribed manner of presentation of communication
of the decision, in which case, failure to meet the extended time
or change in manner of presentation of communication shall have like
effect.
5.
Expiration of
preliminary approval.
A.
Preliminary
approval shall expire five years from the date of the grant of preliminary
approval by Borough Council, unless a written extension is submitted
by the applicant and approved by Borough Council. Any request for
extension shall be submitted to Borough Council at least 30 days prior
to the prevailing expiration date. Extensions may be granted for one
or more six-month periods upon a finding by Borough Council that such
extension is warranted.
B.
In the case
of phased development, calling for the installation of improvements
beyond the five-year period, a schedule shall be filed by the applicant
with the preliminary application delineating all proposed phases,
as well as time deadlines by which applications for final plat approval
of each phase are intended to be filed. Such schedule shall be updated
annually by the applicant on or before the anniversary of preliminary
approval until final plat approval of the final phase has been granted.
Any modification in the aforesaid schedule shall be subject to approval
by Borough Council in its sole discretion.
The following procedure shall apply to all applications
for approval of a subdivision or land development plan:
1.
Final applications
including final plat approval.
A.
At the first
regular meeting of the Planning Commission after the date of filing
a final application, the Planning Commission shall either accept the
application as properly filed or return the application to the applicant
for resubmission if the application is incomplete or improperly filed.
The acceptance of the application or return of the application by
the Planning Commission shall be in writing. If the application is
returned as incomplete, the written notice shall cite the specific
requirements of this chapter which have not been met.
B.
The date of
the Planning Commission meeting at which the final application is
accepted as complete and properly filed shall be the official date
of filing for the application and shall represent the beginning of
the sixty-day period for Planning Commission review and action on
the application.
C.
The Borough
Engineer or The Steel Valley Enterprise Zone Development Office shall
present a written report at the Planning Commission meeting which
states whether the application complies with the requirements of this
chapter, and that report shall be included in the minutes of the Planning
Commission meeting. The Planning Commission shall not make a recommendation
on the application until the report of the Borough Engineer or The
Steel Valley Enterprise Zone Development Office has been received.
D.
Within 60 days
of the official date of filing of the application, the Planning Commission
shall make a recommendation, in writing, to Borough Council for approval
or disapproval of the final application. 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.
E.
Within 90 days
of the official date of filing of the application, Borough Council
shall either approve, approve with conditions or disapprove the final
application at a public meeting. The Planning Commission's recommendation
and the Planning Commission minutes containing the report of the Borough
Engineer or The Steel Valley Enterprise Zone Development Office shall
be made a part of the record at that meeting.
F.
A letter indicating
approval, approval with conditions or disapproval shall be sent to
the applicant by regular mail within 15 days of the date of the decision.
If the final application is not approved, Borough Council shall specify
the defects found in the final application and cite the requirements
of this chapter which have not been met.
2.
Final applications without final plat approval. Final applications without approval shall be approved or disapproved in accordance with the procedures specified in Subsection 1 for final applications including final plat approval. If the developer's final application without final plat approval has been approved and the developer has obtained all necessary permits and approvals from the Borough and county, state or federal agencies, if any are required, the developer may proceed to construct improvements as indicated in the final application 72 hours after the developer has notified the Borough Engineer by certified mail. The Borough Engineer shall then authorize the progress inspections required by § 22-801 of this chapter. The installation of all improvements shall be subject to the progress inspection required by § 22-801.
3.
Final plat approval
after completion of improvements.
A.
Upon completion
of the improvements contained in the final application, the developer
shall notify the Borough, in writing, of the completion and shall
submit five copies of the final plat, as required by § 22-406.7
of this chapter, with the notice of completion and submission of the
final plat, Borough Council shall authorize the Borough Engineer to
inspect the improvements and review the final plat to determine whether
the final plat is in conformance with the previously approved final
application and all applicable requirements of this chapter and whether
the proper officers of the Borough can affix their signatures to the
final plat for recording purposes.
[Amended 3-23-1998 by Ord. No. 1088; 6-11-1998 by Ord. No.
1090]
B.
Within 30 days
of receiving such authorization, the Borough Engineer shall report
to Borough Council, in writing, whether the completed improvements
comply with the requirements of this chapter and the Borough Public
Improvements Code[1] and whether the final plat complies with all applicable
requirements of this chapter. The Borough Engineer's report shall
indicate approval or rejection of the improvements, either in whole
or in part, and, in the case of rejection, shall contain a statement
of reasons for such rejection.
[1]
Editor's Note: The Public Improvements Code
is on file in the office of the Borough Secretary.
C.
Within 45 days of receipt of the notice of completion of improvements, Borough Council shall notify the developer, in writing, by certified or registered mail, of the approval or rejection of the improvements. Acceptance of the improvements shall be in accordance with the requirements of § 22-805 of this chapter and shall be further subject to the posting of the maintenance bond required by § 22-806 of this chapter.
D.
Within 45 days
of the submission of the final plat, Borough Council shall either
approve or disapprove the final plat for recording purposes at a public
meeting. The Borough Engineer's written report shall be made a part
of the record at that meeting. A letter indicating approval or disapproval
shall be sent to the developer by regular mail within 15 days of the
date of the decision. If the final plat is not approved, Borough Council
shall specify the defects found in the final plat and shall cite the
requirements of this chapter which have not been met.
4.
Land development plans which do not involve a subdivision, resubdivision or consolidation of land. In the case of land development which does not involve the subdivision, resubdivision or consolidation of land, as defined herein, the procedure for approving a preliminary and final application for the land development shall comply with the procedures specified in § 22-501 and Subsection 1 of this section, except that the recording of the final plat required by § 22-508 shall not apply. Instead, the Borough Engineer and Borough Council officers shall certify the land development plan which is granted final approval and the Borough Secretary shall retain two paper copies of the certified plan in the Borough files. All other requirements of §§ 22-503 through 22-507 shall apply to an application for final approval of a land development plan which does not involve a subdivision, resubdivision or consolidation of land.
[Amended 12-10-1992 by Ord. No. 1031]
5.
Conditional approval. If Borough Council determines that certain conditions are warranted to be attached to final approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by Subsection 1 of this section. The applicant shall accept or reject the conditions attached to final approval either by giving written notice to the Borough Secretary or by executing the development agreement required by § 22-507 of this chapter within 30 days of the date of the meeting of Borough Council at which final approval is granted. If the applicant fails to give written notice to the Borough regarding acceptance or rejection of the conditions attached to final approval or execute the development agreement within the required 30 days, final approval shall automatically be rescinded without written notice to the applicant.
[Amended 12-10-1992 by Ord. No. 1031]
6.
Deemed approval.
Failure of Borough Council to render a decision and communicate it
to the applicant within the time and in the manner prescribed by this
chapter shall be deemed an approval of the application in terms as
presented, unless the applicant has agreed, in writing, to an extension
of time or change in the prescribed manner of presentation of communication
of the decision, in which case, failure to meet the extended time
or change in manner of presentation of communication shall have like
effect.
7.
Phased approval.
A.
In the case
where development of a subdivision or land development is projected
over a period of years, the Borough may authorize submission of final
applications by sections or phases of development, subject to such
requirements or guarantees for public improvements in future sections
or phases of the development which are essential for the protection
of the public welfare and any existing or proposed section or phase
of the plan.
B.
All sections or phases shall conform to the preliminary application as previously approved by the Borough. Any phase that contains substantive changes in the number of lots or buildings proposed or in the layout of the lots, buildings or streets previously approved in the preliminary application shall require complete resubmission of the preliminary application in accordance with §§ 22-402, 22-403 and/or 22-404 of this chapter.
Borough Council may offer the mediation option
as an aid in completing the proceedings authorized by this chapter.
Mediation shall supplement, not replace, those procedures in this
chapter 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.
1.
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, Borough
Council shall assure that in each case the mediating parties, assisted
by the mediator as appropriate, develop terms and conditions for:
A.
Funding mediation.
B.
Selecting a
mediator who, at a minimum, shall have a working knowledge of municipal
subdivision procedures and demonstrated skills in mediation.
[Amended 12-10-1992 by Ord. No. 1031]
C.
Completing mediation,
including time limits for such completion.
D.
Suspending time
limits otherwise authorized in this chapter or in the Pennsylvania
Municipalities Planning Code (Act 247, as amended),[1] provided that there is written consent by the mediating
parties, and by an applicant or Borough Council, if either is not
a party to the mediation.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
E.
Identifying
all parties and affording them the opportunity to participate.
F.
Subject to legal
restraints, determining whether some or all of the mediation sessions
shall be open or closed to the public.
G.
Assuring that
mediated solutions are in writing and signed by the parties and become
subject to review and approval by Borough Council pursuant to the
procedures for approval set forth in this chapter.
2.
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 developer, in order to
facilitate financing, Borough Council shall furnish the developer
with a signed copy of a resolution indicating approval of the final
plat contingent upon the developer obtaining a satisfactory financial
security. 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 days, unless a written
extension is granted by the Borough Council. Such extension shall
not be unreasonably withheld and shall be placed in writing at the
request of the developer.
1.
In lieu of completion
of any improvement required prior to and as a condition for final
approval of a plat, the applicant shall deposit a completion bond,
as defined by this chapter, in favor of the Borough, in an amount
equal to 110% of the cost of completion of the improvements estimated
as of 90 days following the date scheduled for completion by the developer.
Annually, the Borough may adjust the amount of the completion bond
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 said adjustment, the Borough may require the developer to post
additional security in order to assure that the completion bond equals
said 110%. Any additional security shall be posted by the developer
in accordance with this subsection.
2.
The amount of
the completion bond required shall be based upon an estimate of the
cost of completion of the required improvements, submitted by an applicant
or developer and prepared by an engineer and certified by such engineer
to be a fair and reasonable estimate of such cost. The Borough, upon
the recommendation of the Borough Engineer, may refuse to accept such
estimate for good cause shown. If the applicant or developer and the
Borough are unable to agree upon an estimate, then the estimate shall
be recalculated and recertified by another engineer and chosen mutually
by the Borough and the applicant or developer. The estimate certified
by the third engineer shall be presumed fair and reasonable, and shall
be the final estimate. In the event that a third engineer is so chosen,
fees for the services of said engineer shall be paid equally by the
Borough and the applicant or developer.
3.
If the party
posting the completion bond requires more than one year from the date
of posting of the completion bond to complete the required improvements,
the amount of the completion bond may be increased by an additional
10% for each one-year period beyond the first anniversary date from
posting of the completion bond or to an amount not exceeding 110%
of the cost of completing the required improvements as reestablished
on or about the expiration of the preceding one-year period by using
the above procedure.
[Added 12-10-1992 by Ord. No. 1031]
[Amended 12-10-1992 by Ord. No. 1031]
In all subdivisions or land developments where private improvements are required by this chapter or voluntarily provided by the developer, a common amenities bond shall be required. The procedure for posting the bond shall be the same as that required by § 22-505 of this chapter for the completion bond.
1.
As a condition
of granting final approval of a subdivision or land development that
requires the installation of public improvements or to which conditions
are attached to the grant of final approval, Borough Council shall
require that the developer execute a development agreement with the
Borough, in a form acceptable to the Borough Solicitor, containing
any conditions attached to the approval of the plan and provisions
that are reasonably required to guarantee the proper installation
of on-site and off-site improvements related to the subdivision and/or
land development and provisions necessary to indemnify the Borough
in connection therewith.
2.
Said agreement
shall be executed, the required completion bond shall be posted and
all required fees shall be paid before the Borough Secretary shall
affix his or her signature and the Borough Seal to the final plat
for recording purposes.
1.
Upon approval
of a final plat by the Borough, the developer shall, within 90 days
of such final approval, record such plat in the office of the Allegheny
County Recorder of Deeds.
2.
In the event that the plan has not been recorded within the required 90 days, the Borough Secretary is authorized to reinstate the Borough's approval for recording, provided that there are no changes in the subdivision or land development plan previously granted approval and all the requirements of this chapter regarding posting of a completion bond and execution of a development agreement have been met, and further provided that the plan is submitted for reinstatement of approval within 90 days following the expiration of the original 90 days from the date of final approval. Any request for final approval which is submitted after 180 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 §§ 22-502 through 22-508 of this chapter.
[Amended at time of adoption of Code (see AO)]
Upon recording of the final plat in the office
of the Allegheny County Recorder of Deeds, the developer shall deliver
to the Borough two paper prints of the plat as recorded, containing
all required signatures and dates of approval, and a copy in the required
electronic/digital format as determined by the Zoning Officer.
