A.
Following the (optional) preapplication conference, the applicant shall submit an application for approval containing all the information required by § 163-11 or § 163-13, whichever is applicable, to the Borough Secretary at least 21 calendar days, but no sooner than 28 calendar days, prior to the regular monthly meeting of the Planning Commission. Upon receipt, the Borough Secretary shall forward copies to the Beaver County Planning Commission for a review and report, subject to payment of the required review fee by the applicant. The Borough shall not approve an application for preliminary approval until the county review is received or until the expiration of 30 days from the date the application was forwarded to the county.
[Amended 4-27-2005 by Ord. No. 400]
B.
Planning Commission review. The Borough Planning Commission
shall review the plan submitted, covering the requirements of this
chapter point by point, and shall consult with the Borough Engineer
and other officials as appropriate.
C.
Planning Commission action. The Planning Commission
shall notify the subdivider of the scheduled meeting place, date,
time and agenda if the plan is to be reviewed at a later date. Within
30 days following the review meeting, the Planning Commission shall
submit a written report to the governing body recommending approval,
conditional approval or disapproval, each with reasons for the action.
If the Planning Commission requests additional data or plan changes
as conditions precedent to approval, the subdivider may, in lieu of
having a disapproval or conditional approval sent to the governing
body, request another review meeting to provide the requested documentation.
The subdivider shall submit the request to the Planning Commission,
in writing, within five working days (Monday through Friday, holidays
excluded) of the initial review meeting and shall further agree, in
writing, to any extension of the original ninety-day review period.
D.
Action of the governing body. The governing body shall
act on the preliminary plan and notify the subdivider within 90 days
of the regular meeting of the Planning Commission next following the
date the application is filed. The governing body shall state its
approval, conditional approval or disapproval, giving reasons for
each, and shall notify the subdivider by certified or by registered
mail. If approved or conditionally approved, the authorization to
submit a final plan shall be included with the notification.
All applications for preliminary plan approval
submitted to the Borough Planning Commission shall include, but not
be limited to, the following information:
A.
The preliminary plan shall be drawn at a scale of
one inch equals 100 feet or greater detail.
B.
Existing land uses shall be shown for the subject
property and adjacent land areas.
C.
A location map shall be included which relates the
development site to contiguous areas of the community, highway systems
and other significant developments.
D.
The plan shall show or be accompanied by the following;
(1)
A draft of protective covenants, if any.
(2)
A title, to include:
(a)
The name by which the subdivision will be recorded.
(b)
The location by municipality, county and state.
(c)
The names and addresses of the owner or owners.
(d)
The name and seal of the registered professional
engineer, land surveyor or landscape architect who prepared the plan.
(e)
The North point, date and graphic scale.
(3)
Existing easements and their location, width and distance.
(4)
Contours, which shall be shown at vertical intervals
of 20 feet. Contour data of greater detail may be required for land
areas with slopes of 5% or less. Contour lines must extend a sufficient
distance on all sides of the property perimeter to determine adjacent
topographic influences.
(5)
Datum to which contour elevations refer.
(6)
Bench marks.
(7)
Existing physical features, to include:
(a)
Watercourses, culverts, bridges and drains.
(b)
Buildings, sewers, water mains and fire hydrants,
water wells and septic facilities.
(c)
Streets on or adjacent to the tract, including
names, right-of-way widths and cartway widths.
(d)
Telephone conduit lines, electric power transmission
lines, petroleum product lines and other significant man-made features.
(8)
Proposed improvements, which shall include, in scale
dimensions:
(a)
The location, name and width of all proposed
streets and paved cartways.
(b)
All rights-of-way and easements and the purposes
for which they are to be established.
(c)
The lot lines of all parcels.
(d)
Building lines.
(e)
Reservations of ground for public or common
use.
(f)
A general drainage plan for stormwater, to include
the proposed flow of stormwater in relation to natural channels.
(g)
A plan of the proposed water distribution system
or a plan showing the location of individual wells. In the case of
public water service, a letter from the applicable water authority
shall be submitted which states that the authority has available capacity
to serve the proposed development.
[Amended 4-10-2012 by Ord. No. 434]
(h)
A plan of the proposed sanitary sewerage system
or a plan, where required, showing the proposed location and type
of on-lot sewage disposal facilities. This plan shall be in accordance
with the Pennsylvania Sewage Facilities Act (Act 537), as amended.[1]
[1]
Editor's Note: See 35 P.S. § 750.1
et seq.
(i)
The proposed land use of the improvements.
(j)
The names and addresses of abutting property
owners.
(k)
Where the preliminary plan covers only a part
of the subdivider's entire holding, a sketch shall be submitted of
the prospective street layout of the remainder of the land.
E.
The subdivider shall provide such additional information
as may be required by the Planning Commission or governing body to
more fully evaluate the proposed subdivision and its effect on adjacent
property or the Borough as a whole. Such information may include:
(1)
Street profiles showing existing ground elevations
and proposed center-line street grades.
(2)
The subsurface condition of the tract.
(3)
Typical cross sections of roadways and sidewalks.
(4)
The sizes of water pipes and location of valves and
fire hydrants.
(5)
The location of manholes, invert elevations, grades
and sizes of sanitary sewers.
(6)
If the proposed subdivision or a part thereof is located
in a designated floodplain, base flood elevation data shall be contained
in the plan.
(7)
If the proposed subdivision is located in or within
proximity to a wetlands area, plans and measures for the protection
of said area shall be included as a part of the application for subdivision
approval.
(8)
The size, location and use of structures on adjacent
lands within 25 feet of the proposed subdivision shall be shown in
all instances where public rights-of-way or private accessways are
contemplated along or within 25 feet of the perimeter of the subdivision.
F.
Geotechnical study.
[Added 4-10-2012 by Ord. No. 434]
(1)
On development sites where earthmoving activities will disturb five
acres or more, a geotechnical report by a qualified registered professional
engineer shall be submitted regarding soil and subsurface conditions
and the probable measures needed, if any, to be considered in the
design of the development and its infrastructure, the location of
structures and the design of foundations.
(2)
The Borough Engineer may recommend a waiver of this requirement if,
in his professional opinion, there is no history of adverse subsurface
conditions or where available soils information or other geotechnical
data do not indicate the potential for landslides, subsidence or other
subsurface hazards.
(3)
When required, the geotechnical report shall contain the following
information:
(a)
The following information shall be provided at a minimum. Any
site-specific issues identified by the applicant's geotechnical engineer,
not specifically listed below, shall be addressed in the geotechnical
study.
[1]
Foundation bearing materials and associated settlement.
[2]
Fill embankment base preparation, support, maximum allowable
slope, suitable borrow material and compaction requirements.
[3]
Maximum allowable slope and stability of cut slopes.
[4]
Coal mining below the site, mine location and amount of cover
and measures to prevent mine subsidence, if required.
[5]
Presence and control of groundwater.
[6]
Identification of potentially expansive carbonaceous materials
or slag to be encountered in excavations and measures to prevent their
detrimental effects.
[7]
Delineation of on-site fill materials and their impact on site
development.
[8]
All areas where public infrastructure is proposed.
(b)
Geotechnical engineering reports shall be signed and sealed
by a professional engineer registered in the Commonwealth of Pennsylvania.
(c)
The Borough Engineer may require that the geotechnical engineering
report and site development drawings be reviewed by a separate geotechnical
engineering consultant selected by the Borough. The applicant required
to submit the report shall be required to pay for the cost of the
independent professional consultant review.
G.
Traffic study.
[Added 4-10-2012 by Ord. No. 434]
(1)
A traffic study shall be required for any subdivision or land development
which will generate, on the average, 75 or more additional trips during
the adjacent roadway's peak hours. The Borough Engineer may require
a traffic study for subdivisions or land developments generating less
than 75 vehicle trips during peak hours in cases where known traffic
deficiencies exist in the area of the proposed development.
(2)
Borough Council may waive the traffic study requirements where the
proposed development was incorporated as part of a previously submitted
traffic study.
(3)
Prior to undertaking a traffic study, the applicant shall submit
a proposed scope of services to the Borough Engineer for review and
approval. The traffic study shall include the following, if appropriate,
as determined by the Borough Engineer and/or the Borough's traffic
consultant:
(a)
A brief description of the proposed project in terms of land
use and magnitude.
(b)
An inventory and analysis of existing roadway and traffic conditions
in the site environs, including:
[1]
Roadway network and traffic control.
[2]
Existing traffic volumes in terms of peak hours and average
daily traffic (ADT).
[3]
Planned roadway improvements by others.
[4]
Intersection levels of service.
[5]
Other measures of roadway adequacy, (i.e., lane widths; traffic
signal warrants; vehicle studies, etc.).
(d)
An analysis of future traffic conditions, including:
[1]
Future design year, or years, with phasing, combined traffic
volumes (site traffic plus future roadway traffic).
[2]
Intersection levels of service.
[3]
A pavement analysis of roadways which are projected to experience
significant increases in ADT volumes off site.
[4]
Other measures of roadway adequacy, (i.e., lane width; traffic
signal warrants; vehicle delay studies, etc.).
[5]
When access is onto a state road, the analysis of future conditions
shall be consistent with Pennsylvania Department of Transportation
requirements.
(e)
A description of future levels of service and their compliance
with standards for traffic capacity of streets, intersections and
driveways. New streets shall be designed for adequate traffic capacity
defined as follows. All reference to levels of services (LOS) shall
be as defined by the Highway Capacity Manual, Special Report 209,
published by the Transportation Research Board.
[1]
Traffic capacity LOS shall be based upon a future design year
which coincides with completion of the development.
[2]
Unsignalized intersections or driveways which intersect streets
shall be designed for LOS C or better for each traffic movement unless
otherwise specified by the Borough.
[3]
Signalized intersections shall be designed for LOS C or better.
Existing intersections impacted by development traffic shall maintain
a minimum LOS D or, if future base LOS E or F, then degeneration in
delays shall be mitigated. A future design year without the proposed
development shall be completed for comparison purposes.
[4]
Streets shall be designed for a minimum LOS C.
(f)
Description and analysis of the proposed access plan and site
plan, including:
[1]
Access plan, including analysis of required sight distances
using Pennsylvania Department of Transportation criteria and description
of access roadway, location, geometric conditions and traffic control.
[2]
On-site circulation plan showing parking locations and dimensions,
loading access, circulation roadway, pedestrian circulation and traffic
control.
(g)
A traffic circulation mitigation action plan that shall include:
[1]
Project features relative to site access and on-site circulation
which could be modified to maximize positive impact or minimize negative
impact.
[2]
Off-site improvement plan, depicting required roadway and signal
installation and signing improvements to meet the minimum level of
service requirements.
(h)
Traffic calming.
[1]
Streets in residential subdivisions or land developments that are proposed to be dedicated to the Borough shall be evaluated to determine the potential for speeding and encouraging cut-through traffic from existing neighborhoods. If such potential exists, the traffic circulation mitigation action plan required by Subsection G(3)(g) above, shall include one or more of the following traffic calming measures:
[2]
The traffic calming recommendations shall be prepared in accordance
with the Borough's traffic calming policies and procedures adopted
by Resolution 425 of Borough Council on August 25, 2009. The requirement
for a petition outlined in the resolution shall apply only to existing
Borough streets that may intersect with proposed streets or be located
within the limits of the site of a proposed subdivision or land development.
(i)
Review. Based on the scope of work for review and determination
of the complexity of the development project, the Borough may require
the traffic study to be reviewed by a traffic consultant selected
by the Borough. In such case, the applicant required to submit the
traffic study shall be required to pay for the cost of the consultant
review. No permits for construction or occupancy of a site shall be
issued until said consultant fees are paid.
