No applicant may proceed with any grading or improvement of streets
or installation of public utilities until a preliminary application has been
approved by Council.
A.
No applicant shall sell, transfer, lease or otherwise
convey any lot, parcel or tract in a subdivision or construct or commence
the construction of a structure in a subdivision until the final plat has
been approved by Council and recorded as required herein.
Prior to submission of a preliminary application, the developer is encouraged
to present a schematic plan of the proposed development to the Planning Commission
to assure the mutual agreement on the location, extent and functioning of
the proposed subdivision; but such agreement shall not be legally binding.
Time deadlines applicable to preliminary or final approval shall not apply
to concept plans. In the case of a proposed subdivision which proposes development
of only a portion of the parcel owned or controlled by the developer, the
developer shall provide a concept plan which clearly delineates the proposed
future development of all remaining portions of such parcel. This concept
plan may be submitted as a part of the preliminary application.
The preliminary application shall include a location map, a site map,
a subdivision plan and an engineering report. The application shall be submitted
to the Planning Commission and shall include an original together with not
fewer than seven copies and shall be accompanied by an application fee which
shall be set by resolution of Council.[1] Applications requiring review and approval by the Planning Commission
shall not be placed on the agenda of the next regular meeting of the Planning
Commission if they are not received and accepted by the Zoning Officer at
least 30 days prior to such meeting. Incomplete applications, or applications
which do not meet the standards set forth below, shall be deemed not acceptable
by the Zoning Officer. Time periods allotted for borough review and approval
of applications shall be deemed to start when the application is accepted
as complete by the Zoning Officer.
A.
The location map shall clearly show the location, area
and zoning of the tract proposed for development with relation to the area
and zoning of adjacent properties and the location and relative distance to
existing nearby streets.
B.
The site map shall cover the entire tract and all lands
within 100 feet of its boundaries and shall clearly and accurately show the
following data:
(1)
The topography with vertical contour intervals of five
feet or less.
(2)
The natural features and existing culture, such as woods,
streams, embankments, retaining walls, structures and existing land use.
(3)
The names of owners of properties adjacent to the tract.
(4)
Existing and proposed streets and rights-of-way including
dedicated widths, roadway widths, approximate gradients, types and widths
of pavements and curbs and sidewalks.
(5)
Existing and proposed easements, including widths and
purposes.
(6)
Utilities, including size, capacity and location of sanitary
sewers, drainage facilities, water lines, gas mains and power lines.
(7)
Areas subject to periodic overflow of flood or stormwaters.
(8)
Subsurface conditions, including data on past or possible
future mining activity. If mineral rights are severed from the land ownership,
such data must be clearly indicated.
(9)
Tract boundary lines by calculated distances and bearings.
(10)
Title, graphic scale, north point and date.
C.
Preliminary subdivision plan. The proposed subdivision
plan shall be drawn at a scale no smaller than 50 feet to one inch and shall
show the following:
(1)
The name of the subdivision.
(2)
The name and addresses of owner, subdivider and persons
who prepared the plan.
(3)
Proposed streets and rights-of-way including names, dedicated
widths, roadway widths, gradients, types and widths of pavements and curbs
and sidewalks.
(4)
Proposed easements, including widths and purposes.
(5)
Layout of lots, including dimensions, number and building
lines.
(6)
Parcels of land to be dedicated or reserved for schools,
parks, playgrounds or other public or community use.
(7)
Key plan, legends, notes, graphic scale, north point
and date.
(8)
A draft of any proposed deed covenants.
The Planning Commission shall forward one copy of the preliminary application
to the Allegheny County Planning Commission and the Borough Engineer. The
Planning Commission shall not forward its recommendation on the preliminary
application until reports from each of these agencies have been received or
until the expiration of 30 days from the date the copies of the preliminary
application were forwarded to said agencies.
A.
The Planning Commission shall review the application
covering the requirements of this chapter point by point and may consult with
the Borough Engineer, the Zoning Officer and other concerned officials. The
Planning Commission will recommend approval, denial or conditional approval
to Council. If such action is not taken within 60 days from the date of the
first regular meeting of the Planning Commission following the filing of the
application, the preliminary application of the proposed subdivision shall
be considered to have the recommendation of the Planning Commission.
B.
Council shall, after receiving the recommendation of
the Planning Commission, render its decision and communicate it to the applicant
not later than 90 days following the date of the regular meeting of the Planning
Commission following the filing of the application.
C.
The decision of Council shall be in writing and shall
be communicated to the applicant personally or mailed to him at his last known
address not later than 15 days following the decision of Council.
D.
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 the
provisions of the statute or ordinance relied upon.
E.
Failure of Council to render a decision and communicate
it to the applicant within the time and the manner required 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.
F.
Public hearing. Council may hold a public hearing prior
to approval or disapproval of the preliminary application.
A final plat for a subdivision or land development drawn at a scale
no smaller than 50 feet to one inch, and showing:
A.
The subdivision name, name and address of owner and subdivider,
source of title of land as shown by the books of the Recorder of Deeds of
Allegheny County, graphic scale, north point, date and certificate of approval
by Council.
B.
Survey date with certification by a registered professional
engineer or land surveyor showing calculated distances and bearings of the
subdivision boundaries, lots, utility easements, streets, alleys, building
lines and parks reserved for community purposes.
C.
Location and distances to the nearest established street
corners or official monuments and the streets intersecting the boundaries
of the subdivision.
D.
Location, type of material and size of monuments, complete
curb data, lot numbers and street names.
An engineering report shall be prepared by a registered engineer and
shall include the following data wherever pertinent:
A.
Profiles, cross sections and specifications for proposed
street improvements.
B.
Profiles and other explanatory data concerning installation
of water distribution systems, storm sewers and sanitary sewers.
C.
A report on the feasibility of connection to an existing
sewerage system, including distances to the nearest public sewer, service
load of the subdivision and the capacity of the treatment plant.
D.
The means of sewerage, if not connected to an existing
sewerage system.
The final application shall include seven prints and one reproducible
copy of the final plat and a guarantee of improvements.
A.
Council, after receiving the recommendation of the Planning
Commission, shall render its decision and communicate it to the applicant,
as required by law, no later than 90 days after the first regular monthly
meeting of the Planning Commission following the filing of the application.
B.
When a preliminary application has been duly approved,
the applicant shall be entitled to final approval in accordance with the terms
of the approved preliminary application.
No plats shall be finally approved unless all improvements required
by this chapter have been installed in strict accordance with this chapter
or a guarantee that the improvements will subsequently be installed by the
owner, in the form of a bond or deposit of funds or securities in escrow which
are acceptable to Council and are in an amount sufficient to cover the cost
of the improvements which may be required. Such bond or other security shall
provide for, and secure to the public, the completion of all declared improvements
within a period of three years from the date of final approval of the plat.
Upon the approval of a final plat, the developer shall within 90 days
of such final approval record such plat in the office of the Allegheny County
Recorder of Deeds.
Following approval of the final plan application, but prior to the issuance
of any building, grading or other borough permit, the developer shall sign
a development agreement approved by the Borough Solicitor.
