The purpose of this article is to establish
the procedures for Planning Commission review and action on applications
for land development. The procedures are intended to provide orderly
and expeditious processing of such applications.
For the purpose of expediting applications and
reducing land development review costs, the developer may request
a preapplication conference and/or concept plan in accordance with
the following requirements:
A.
Preapplication conference.
(1)
At the request of the applicant, the Planning Department
may, if deemed appropriate, initiate a preapplication conference.
(2)
The preapplication conference shall allow the applicant
to meet with appropriate municipal representatives. These individuals,
who shall be designated by the Planning Department may include:
(a)
Municipal Engineer.
(b)
Municipal Planner.
(c)
Municipal Zoning Officer.
(d)
Representatives from the Planning Commission
and the Zoning Hearing Board.
(e)
Representatives from environmental, historic
preservation, and other commissions, as deemed appropriate.
(f)
Any other representatives invited by the Planning
Department.
(3)
Applicants seeking a preapplication conference shall submit the information stipulated in Article IV of this chapter 10 days prior to the preapplication conference.
(4)
If requested and paid for by the applicant, a brief
written summary of the preapplication conference shall be provided
within 10 working days of the meeting.
(5)
The applicant may be charged reasonable fees for a
preapplication conference.
(6)
The applicant shall not be bound by the determination
of the preapplication conference, nor shall the Planning Commission
or any of the representatives of the conference be bound by any such
review.
B.
Concept plan.
(1)
In addition or as an alternative to the preapplication
conference, at the request of the applicant, the Planning Department
shall grant an informal review before the Planning Commission of a
concept plan for land development for which the applicant intends
to prepare and submit an application for development. The purpose
of the concept plan is to provide Planning Commission input in the
formative stages of the land development plan.
(2)
Applicants seeking a concept plan informal review shall submit the items stipulated in Article IV of this chapter 10 days before the concept plan meeting. These items provide the developer and the Planning Commission with an opportunity to discuss the land development proposal in its formative stages.
(3)
If requested and paid for by the applicant, a brief
written summary of the concept plan review shall be provided within
10 working days of the final meeting.
(4)
The applicant may be charged reasonable fees for concept
plan review.
(5)
The applicant shall not be bound by any concept plan
for which review is requested, nor shall the Planning Commission be
bound by any such review.
A.
Assignment. The applicant shall have the option of
seeking the direction of the administrative officer as to which approvals
are required and the appropriate agency for hearing same, or of filing
an application and proceeding before the agency which the applicant
believes to be appropriate. The administrative officer's determination
shall be presumed to be correct.
B.
Content. An application for land development shall include the items specified in Article IV of this chapter which constitutes a checklist of items to be submitted for plan review.
C.
Preliminary approval of all land development plans.
(1)
Applicants for all land development plans shall apply for preliminary plan approval. The applicant seeking preliminary plan approval shall submit to the Chairman of the Planning Commission six copies of the materials stipulated in Article IV of this chapter not less than 10 days prior to a regularly scheduled meeting of the Commission.
(2)
Upon receipt of an application for preliminary plan
approval and all necessary supporting documents by the Commission
a review of the proposals of the developer will be made by the Commission,
the County Planning Commission, and such other agencies as the Commission
may determine to be affected by the land development.
(3)
When required, the Planning Commission shall immediately
forward a copy of the application to the county for review. The Planning
Commission shall not act upon the application until the county has
made its recommendations within the thirty-day time limit as required
by the Municipal Planning Code.
(4)
An application shall be acted upon by the City Planning
Commission within 75 days from the date of the filing of the application.
(5)
Within 15 days of its decision, the Commission shall
forward a copy of its written decision to the developer notifying
him of approval, approval subject to conditions, or disapproval.
(6)
If the application is not approved, the Planning Commission
shall specify the defects found in the application and describe the
requirements which have not been met and shall cite the sections of
this chapter or any statute relied upon.
(7)
Failure of the Planning Commission to render a decision
and communicate it to the applicant within the required time limits
and in the manner required herein 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.
D.
Effect of preliminary approval of major subdivisions
and site plans. Preliminary approval of a subdivision shall confer
upon the applicant, the following rights for five years from the date
of preliminary approval:
(1)
That the general terms and conditions on which preliminary
approval was granted shall not be changed by amendment to the zoning
ordinance, subdivision ordinance or other ordinance of the municipality.
(2)
That the applicant may submit for final approval on
or before the expiration date of preliminary approval the final subdivision
plan.
An applicant requesting final approval of a proposed major subdivision plan or site plan shall submit to the Chairman of the Planning Commission six copies of the materials specified in Article IV of this chapter not less than 10 days prior to a regularly scheduled meeting of the Commission. The final plat shall be accompanied by a statement from the Municipal Engineer that the municipality is in receipt of as-built plans showing all streets and utilities in exact location and elevation and identifying these portions already installed and those to be installed and/or certified in the amount of performance guaranties required to assure completion of those improvements not yet installed as stipulated in Article V of this chapter.
A.
Upon receipt of an application for final plan approval
and all necessary supporting documents by the Commission, a review
of the proposals of the developer will be made by the Commission,
the County Planning Commission, and such other agencies as the Commission
may determine to be affected by the subdivision.
B.
The Planning Commission shall immediately forward
a copy of the application to the county for review. The Planning Commission
shall not act upon the application until the county has had the opportunity
to make its recommendations within the thirty-day time limit as required
by the Municipal Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
C.
An application shall be acted upon within 75 days
from the date of the filing of the application.
D.
Within 15 days of its decision, the Commission shall
forward a copy of its written decision to the developer notifying
him of approval, approval subject to conditions, or disapproval.
E.
If the application is not approved, the Planning Commission
shall specify the defects found in the application and describe the
requirements which have not been met and shall cite the sections of
this chapter or any statute relied upon.
F.
Failure of the Planning Commission to render a decision
and communicate it to the applicant within the required time limits
and in the manner required herein 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.
G.
Recording of subdivision plat. Upon the approval of
a final subdivision plat, the developer shall, within 90 days of such
final approval, record such plat in the office of the Recorder of
Deeds of Westmoreland County.
The municipality may offer a mediation option
as an aid in completing proceedings authorized in this chapter. Participation
in mediation shall be wholly voluntary. Upon the satisfactory resolution
between the applicant and the planning agency of the following conditions,
mediation can be implemented. Failure to implement mediation shall
not effect any applicable time limits set forth in this chapter. The
conditions are:
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 written in this chapter,
provided that there is written consent by the mediating parties, and
by an applicant or the Council if either is not a party to the mediation.
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
the appropriate decision making body pursuant to the authorized procedures
set forth in the other sections of this chapter.
