The review process for a major subdivision or land development
shall include a preapplication conference, a preliminary application
and preliminary approval and a final application and final approval,
as specified in this section.
A.
Preliminary plan (application for preliminary plan approval).
(1)
An application for preliminary plan approval shall be required when the applicant proposes a plan that is to be developed in more than one phase. The preliminary plan application shall be an application for a master plan for all of the proposed phases of the subdivision or land development plan. The plan shall conform with the Pennsylvania Department of Transportation Specifications and Standard Drawings. The applicant may seek preliminary and final approval at one time, in the event that the proposed major subdivision or land development proposes only one phase. Preliminary and final approval may be granted, provided that the plan complies with all of the applicable requirements contained within this chapter and Chapter 212, Zoning.
(2)
Following the preapplication conference, copies of a preliminary
plan shall be submitted to and received by the Zoning Officer. The
Zoning Officer shall receive preliminary plan applications by the
20th day prior to the scheduled Planning Commission meeting. At the
time of filing, required fees shall also be submitted. The Zoning
Officer shall review the preliminary plan and determine the adequacy
of the information submitted. The application for preliminary approval
shall, at a minimum:
(a)
Include the correct number of copies of all plans
and reports as required;
(b)
Meet all requirements for submission. The review
of the submission requirements shall not include a review of the correctness
of the plan but rather a review that the required items for review
have been submitted;
(c)
Include all original signatures of all property
owners or agents for property owners involved in the application;
and
(d)
Include evidence of filing of all necessary permits
from any regulatory agency having jurisdiction over the project.
(3)
Should the preliminary plan be determined to be adequate, based
upon the criteria in § 184-301A(2)(a) through (d) and the
fee received by the Zoning Officer, said plan shall be considered
officially filed, recorded as such, and the developer notified. Should
the Zoning Officer determine the preliminary plan to be inadequate,
that plan shall be returned to the applicant, and the applicant may
revise and resubmit said plan with required revisions. Should the
Zoning Officer determine a resubmitted plan to be inadequate, the
applicant may force the official filing of said plan. In such cases,
the applicant shall accompany his plan with a letter outlining the
reason for the forced submission. Only after the plan is officially
filed shall the review process, as set forth in § 184-202,
begin. The Borough Engineer shall be notified of all plans which are
officially filed within three business days of the recording of the
plan as officially filed. Only when the plan is officially filed shall
the maximum ninety-day review period limitation be placed in effect.
The Zoning Officer may also submit the plans to any other professional
consultant, as necessary.
(4)
The Zoning Officer shall submit the preliminary plan to the
Allegheny County Planning Agency for review after such preliminary
plan is determined adequate and officially filed.
(5)
The Zoning Officer shall submit four complete sets of preliminary
plans and information to the Environmental Advisory Council for review
within three business days of the date such preliminary plan is determined
to be adequate and officially filed.
(6)
The Zoning Officer shall submit to the Borough Engineer, or
any other professional as may be appropriate, for review complete
sets of preliminary plans and information within three business days
of the date such preliminary plan is determined adequate and officially
filed. The Borough Engineer shall provide written comments of the
preliminary plan review and recommendation to the Zoning Officer four
business days prior to the next scheduled Planning Commission meeting.
B.
Planning Commission review.
(1)
The Planning Commission shall meet to review the preliminary
plan at the next regularly scheduled meeting but no more than 30 days
following the submission of the preliminary plan. The Planning Commission
shall meet, review the application and communicate its recommendations
to the Borough Council. The Borough Engineer also shall review the
application and communicate recommendations to the Planning Commission
four business days prior to the next Planning Commission meeting.
(2)
The Planning Commission review shall indicate to the Council
whether the preliminary plan is in compliance with the objectives
of the Comprehensive Plan and minimum plan requirements of these regulations,
as defined in Article 400 and Article 500 of this chapter.
(3)
The Environmental Advisory Council shall meet to review the
preliminary plan at the next regularly scheduled meeting but no more
than 30 days following the submission of the preliminary plan. The
Environmental Advisory Council shall meet, review the application
and communicate its recommendations to the Planning Commission and
Borough Council four business days prior to the next scheduled Planning
Commission meeting or Borough Council meeting. The Environmental Advisory
Council review shall indicate to the Planning Commission and Council
whether the preliminary plan is proposed in accordance with the environmental
objectives of the Borough's ordinances and whether any special
circumstances merit attention by the governing body and/or its agents.
(4)
The Planning Commission may recommend to the Council approval,
conditional approval or denial of preliminary plans.
C.
Borough Council public meeting.
(1)
After the action of the Planning Commission on the application,
Borough Council shall consider the application at a public meeting.
(2)
The Borough Council shall render a decision on the application
at a public meeting and notify the applicant by official written communication
within 15 days of the decision to the developer, either:
(3)
Failure to so act within the required ninety-day review period
shall be deemed to be a grant of preliminary approval of the preliminary
plan as submitted 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. When the application is not approved
in terms as filed, the decision shall specify the defects found in
the application and describe the requirements which have not been
met and shall, in each case, cite to the provisions of the statute
or ordinance relied upon. The developer may, within 10 days after
receiving a copy of the official written communication of the Borough
Council, notify such Borough of his refusal to accept all such conditions,
in which event approval of the preliminary plan is deemed to be denied.
(4)
The Borough Council may give preliminary approval to a preliminary plan if, and only if, it is found to meet the criteria specified in this chapter and Chapter 212, Zoning. All such criteria shall be applicable for all subdivision and land development within the Borough. Within five years of such approval, no subsequent change or amendment in Chapter 212, Zoning, this chapter or other governing ordinance or plan shall be applied to adversely affect the right of the applicant to commence and to complete any aspect of the approved plan in accordance with the terms of such approval.
D.
Final plan (application for final plan approval).
(1)
An application for final plan approval may be submitted for
all the land included in a subdivision or land development plan or,
to the extent set forth in the preliminary approval, a phase thereof.
Said application shall be made to the Zoning Officer and within the
time or times specified by the official written communication granting
preliminary approval. The application shall include any drawings,
specifications, covenants, easements, performance bond and such other
requirements as may be specified by ordinance, as well as any conditions
set forth in the official written communication at the time of preliminary
approval. The Borough Engineer shall be notified within three business
days of all plans officially filed and shall review the final application
and communicate recommendations to the Planning Commission and Borough
Council within four business days prior to the public meeting of each
body. A public hearing on any application for final approval of the
plan, or the part thereof, shall not be required, provided that the
plan submitted for final approval is in compliance with the plan theretofore
given preliminary approval and with any specified conditions attached
thereto.
(2)
In the event that the application for final plan approval has
been filed, together with all drawings, specifications and other documents
in support thereof, and as required by the preliminary approval, and
provided that a security is filed with the Borough by the developer
to ensure the completion of any improvements within one year of the
date fixed in the plan for completion of such improvements, as specified
in Section 509 of the Pennsylvania Municipalities Planning Code,[1] the Borough shall, within 90 days of such filing, grant
such plan final approval, unless the provisions of § 184-301D(4)
apply.
[1]
Editor's Note: See 53 P.S. § 10509.
(3)
Should the completion of any improvement require more than one
year from the date of posting the financial security, the security
may be increased to the extent of 10% for each one-year period beyond
the first anniversary date. However, the completion of any aspect
of the approved subdivision or land development in accordance with
the terms of approval shall occur within five years of such approval.
(4)
In the event that the plan as submitted contains variations
from the plan given preliminary approval, the governing body may refuse
to grant final approval and shall, within 90 days as specified by
the Pennsylvania Municipalities Planning Code,[2] so advise the landowner, in writing, of said refusal,
setting forth which variations are not in the public interest and
in which particulars the final plan deviates from the approved preliminary
plan.
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
E.
Resolution indicating approval. When requested by the developer,
in order to facilitate financing, Borough Council shall furnish the
developer with a signed copy of a resolution indicating final approval
of the proposed plan contingent upon the developer obtaining satisfactory
financial security. The final plat shall not be signed or recorded
until the performance guarantee and development agreement are executed.
The resolution shall expire and shall be deemed to be revoked if the
performance guarantee and development agreement are not executed within
90 days, unless a written extension is granted by Borough Council.
Such extension shall not be unreasonably withheld and shall be provided
in writing at the request of the developer.
F.
Mediation option.
(1)
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 the Borough's police powers or as modifying any principles of substantive law. That is, the mediated solution shall comply with all applicable provisions of Chapter 212, Zoning, this chapter and all other applicable laws and regulations.
(2)
Participation in mediation shall be wholly voluntary. The appropriateness
of mediation shall be determined by the particulars in 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 zoning and subdivision procedures and demonstrated
skills in mediation.
(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),[3] provided that there is written consent by the mediating
parties and by the applicant or Borough Council, if either is not
a party to the mediation.
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(e)
Identifying all affected parties and affording them the opportunity
to participate.
(g)
Assuring that the mediated solutions are in writing and signed
by the parties and become subject to review by Borough Council pursuant
to the procedures for approval set forth in this chapter.
(3)
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.
G.
Record plan.
(1)
A subdivision or land development plan or any part thereof,
which has been given final approval by the Borough Council, shall
be submitted by the Borough to Allegheny County for final review.
(2)
A subdivision or land development plan or any part thereof,
which has been given final approval by Borough Council, shall be so
certified without delay by the Borough Council and shall be filed
in the office of the Department of Real Estate of Allegheny County
within 90 days of the approval of the final plan before any development
shall take place in accordance therewith. However, said plan cannot
be recorded without prior Allegheny County review.
(3)
Where any land development involves the subdivision, resubdivision
or consolidation of property or the dedication of easements or rights-of-way
for public improvements, a final plat for recording purposes shall
be presented with the application for final approval of the land development.
(4)
In the event that a subdivision or land development plan or
a section thereof is given final approval and thereafter the landowner
shall abandon such plan or the section thereof that has been finally
approved and shall so notify the Borough Council in writing, or in
the event that the landowner shall fail to commence development within
one year after final approval has been granted, no development or
further development shall take place on the property included in the
plan until after the Borough is notified of the reasons for such delay.
(5)
The final plan shall comply with the provisions of other existing
ordinances related to development within the Borough.
(6)
If an approved land development, excluding a recorded subdivision,
is not started within 10 years after receiving approval, said approval
shall become null and void.
