Municipality of Monroeville, PA Procedures for Review, Approval, and Recording of Plans

Review and approval procedures. The following sections of this article specify procedures for review and approval of plans.

Abbreviated procedures for minor plans and plat adjustments. Abbreviated review and approval procedures are offered for plans which are defined as minor subdivisions, minor land developments, or plat adjustments. These procedures are specified in § 324-16.

Procedures for recording. Applicants will be required to record all plans in accordance with the requirements of the Allegheny County Subdivision and Land Development Ordinance (latest edition).

Digital submission of final plats. Section 324-18 includes requirements for the submission of final plats in digital format.

§ 324-10 Review and approval of subdivisions and land developments.

Application. The procedures specified in this section shall apply to all subdivisions and land developments in the Municipality of Monroeville.

Preapplication conference. While not mandatory, it is recommended that the applicant request a preapplication conference with the Municipality to discuss the proposed subdivision or land development and to review the requirements of this chapter in relation to the proposed project.

Sketch plan. Prior to the conference, the applicant is strongly encouraged to submit to the Municipality a sketch plan of the proposed project containing enough information to convey clearly the existing and proposed conditions of the site. The materials submitted for the preapplication conference should be prepared in accordance with § 324-19 of this chapter, but shall not constitute an application for preliminary or final approval.

Scheduling of conference. The Municipality shall review the materials and schedule the preapplication conference within 10 working days from the date of submission of the sketch plan and supporting materials. If the Municipality feels that additional information is needed, the ten-working-day period may be extended by mutual agreement.

Result of conference. Based on the Municipal review and discussion with the applicant, there should be a mutual understanding of the scope of the proposed development, issues that may require resolution by the applicant, Municipality or county, and of potential opportunities and/or impacts that may merit special attention.

County review.

Advisory review. The Municipality will submit preliminary or final approval of subdivisions and land development plans to the Allegheny County Department of Economic Development (Department) for an advisory review in accordance with the MPC and the Allegheny County Subdivision and Land Development Ordinance.

Review period. The Municipality shall not approve an application for subdivision or land development until the expiration of 30 days from the date the application was forwarded to the Department unless the report of the Department has been received prior to the end of the thirty-day period.

§ 324-11 Preliminary plan review and approval.

Submission of applications. To be considered for a particular Planning Commission meeting, all applications shall be submitted by the application submission deadline as outlined in the application deadline schedule provided with the application form. All applications shall include all information and plan drawings specified in § 324-20.

Number of copies. Twenty complete copies of the application and 20 complete copies of all supporting site and plan drawings and information shall be submitted to the Municipality. Fewer copies may be submitted if determined acceptable by the Director of Community Development.

Application form. Applications must include a copy of the Municipality's form entitled "Application for Land Development or Subdivision Review Process" which has been completed by the applicant.

Fee required. A filing fee, in the form of a check or money order payable to the Municipality of Monroeville, or cash, shall accompany the application. The fee amount shall be in accordance with the current fee schedule adopted by ordinance.[1]

[1]

Editor's Note: See also Ch. 194, Fees.

Application submission date. The date and time will be stamped on the application upon receipt by the Municipality.

Official filing date. The official filing date of an application shall be defined as the date that the Municipality certifies that the submittal is complete and that the applicable fee has been paid.

Within 10 working days of the application submission date, the Municipality shall either certify the application as complete or notify the applicant in writing that the application is incomplete. The written notification shall specify the items of required information that are lacking.

Failure of the Municipality to take either of these actions within 10 working days shall be deemed a certification that the application is complete as submitted, unless the applicant has agreed in writing to an extension of time.

The official filing date shall be recorded on the Application for Land Development or Subdivision Review Process and the applicant shall be notified of the official filing date.

Certification of the application as complete and the establishment of the filing date shall not constitute a waiver of any deficiencies or irregularities.

Distribution of copies by Municipality. The Municipality shall forward one complete copy of the application and submission materials to Allegheny County Department of Economic Development, the Municipal Engineer, officials and other Municipal agencies as deemed necessary by the Municipality.

Distribution of copies by applicant. The applicant shall distribute one copy of the preliminary plan and of all relevant supporting documentation to all agencies that will be required to approve some aspect of the plan prior to its final approval by the Municipality.

Municipal review. The Municipality will review the plan as to its conformance with Municipal regulations and the Municipal Comprehensive Plan. The Municipal staff and Municipal Engineer will make their recommendation to the Municipal Planning Commission.

Municipal Planning Commission review meeting. The Planning Commission shall formally review the application and make a recommendation to the Municipal Council to approve, approve with conditions, or disapprove the application. A recommendation to disapprove shall specify the defects found, describe the requirements not met and cite the provisions of the statute or ordinance relied upon.

Municipal Council action. The Municipal Council shall render its decision and communicate it to the applicant not later than 90 days following the date of the regular meeting of the Municipal Council or the Planning Commission (whichever first reviews the application) next following the official filing date, or after a final order of the court remanding an application, provided that should the next regular meeting occur more than 30 days following the official filing date, or the final order of the court, said ninety-day period shall be measured from the 30th day following the official filing date, unless the applicant agrees in writing to an extension of time.

Optional hearing. The Municipality may conduct a hearing pursuant to public notice in order to inform the public and obtain comment prior to taking action on a proposed subdivision or land development.

Decision. A decision to approve the preliminary plan as submitted, to approve the plan subject to conditions, or to disapprove the plan shall be made as described in § 324-11F above, and communicated to the applicant as follows:

Written decision. The decision of the Municipality 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 unless the applicant agrees in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision.

Acceptance of conditions. If the application is approved subject to conditions, they shall be accepted by the applicant in writing within 30 days after the written decision of the Municipality was mailed or delivered to the applicant or the approval shall be automatically rescinded.

Defects specified. If the application is not approved as filed, the decision shall specify the defects found in the application, describe the requirements that have not been met, and shall cite the provisions of the ordinance or statute relied upon.

Deemed approval. Failure of the Municipality to render a decision and communicate it to the applicant within the time 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.

Effect of approval of preliminary application. When a preliminary application has been approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application.

§ 324-12 Final plan review and approval.

Submission of applications. Applications shall be submitted in the same manner as specified for preliminary applications in § 324-11 except that a filing fee shall not be required for final plan applications.

Intent regarding improvements. The application for final approval shall state whether the applicant intends to construct improvements prior to final approval and recording of the plat or whether the applicant intends to record the final plan and post financial security to guarantee the construction of required improvements.

Materials required. The application for final approval shall include the plans, construction drawings and specifications, required permits and approvals, supporting documentation, and other materials as specified in § 324-21.

Application submission date. The date and time will be stamped on the application upon receipt.

Official filing date. The official filing date for an application for final approval shall be determined in the same manner as for preliminary plan approval specified in § 324-11B.

Distribution of copies. The Municipality shall forward copies as indicated in § 324-11C.

Municipal review. The Municipality will review the plan as to its conformance with Municipal regulations and the approved preliminary plan. The Municipal staff and Municipal Engineer will make their recommendations to the Municipal Planning Commission.

Decision. A decision to approve the final plan as submitted, to approve the plan subject to conditions, or to disapprove the plan shall be made as described in Subsection E above, and communicated to the applicant as follows:

Approval of the final plan. The Municipality shall grant final approval if all of the following requirements are met:

(a)

The application conforms with the approved preliminary plan and with any conditions attached to the preliminary approval.

(b)

The plan either complies with all standards and requirements of this chapter or waivers or modifications have been requested, granted, and documented in accordance with § 324-6.

(c)

The Municipal Engineer and Municipality must have examined the plans and construction drawings and certified that the proposed subdivision or land development is in accordance with all applicable Municipal ordinances and regulations, including but not limited to zoning, floodplain management, stormwater management, grading, and construction standards; or that any required variances or exceptions from Municipal requirements have been approved and documented in accordance with applicable Municipal procedures.

(d)

All necessary permits and approvals from other governmental agencies, service providers, and utility providers have been obtained.

(e)

All improvements have been constructed in accordance with applicable standards, inspected by the Municipal Engineer, and approved by the Municipality; or financial security to guarantee the construction of required improvements has been deposited with the Municipality, both in accordance with § 324-14 hereunder.

Conditional final approval. The Municipality may grant conditional approval of a final plan, provided that any conditions shall be satisfied prior to signing and recording of the plat or shall be incorporated into a development agreement between the applicant and the Municipality. If a condition will affect the use of land or any other matter depicted upon the final plan, the Municipality may require that the condition be noted upon and recorded with the plan.

Disapproval. The Municipality shall deny approval of an application for final approval of a subdivision or land development if the application does not meet all requirements of this chapter and of applicable Municipal regulations; if any permits or approvals required by any other unit of government are denied; if financial security is not posted, or if improvements are not completed in accordance with the approved specifications and development agreement.

Form of decision. The decision to approve, approve with conditions, or deny final approval of a subdivision or land development shall be made and communicated to the applicant in the same manner as specified for preliminary applications in § 324-11I.

Deemed approval. Failure of the Municipality to render a decision and communicate it to the applicant within the time 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.

Effect of final approval. When an application for approval of a plat, whether preliminary or final, has been approved without conditions or approved by the applicant's acceptance of conditions, no subsequent change in this chapter or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval. The five-year period shall be extended for the duration of any litigation, including appeals, which prevent the commencement of completion of the development, and for the duration of any sewer or utility moratorium or prohibition which was imposed subsequent to the filing of an application for preliminary approval of a plat. In the event of an appeal filed by any party from the approval or disapproval of a plat, the five-year period shall be extended by the total time from the date the appeal was filed until a final order in such matter has been entered and all appeals have been concluded and any period for filing appeals or requests for reconsideration have expired; provided, however, no extension shall be based upon any water or sewer moratorium which was in effect as of the date of the filing of a preliminary application.

Where final approval is preceded by preliminary approval, the five-year period shall be counted from the date of the preliminary approval.

If there is any doubt about the terms of a preliminary approval, the terms shall be construed in accordance with the governing ordinances at the time when the application for preliminary approval was officially filed.

§ 324-13 Phased development.

If an applicant intends to develop land in phases, the preliminary plan submission shall encompass the entire land area proposed for development and shall serve as a master plan.

Schedule for phases. The preliminary plan shall include a schedule for the submission of final plans for each section.

The schedule shall be updated annually on or before the anniversary of the preliminary plan approval until the final plan for the final section has been approved.

Any modifications in the schedule as first presented may be reviewed and approved at the discretion of the Municipality.

Final plans for phases. Following approval of the preliminary plan for the entire land area, final plans may be submitted for each section.

If the final plan for a section of a phased development differs from the approved preliminary plan in number of lots or buildings, intensity of development, preservation of environmental features, open space, traffic characteristics, transportation facilities, or other substantive component, then an entirely new preliminary plan may be required for that section and for any other sections or components of development that may be affected by the proposed changes.

Each section of a phased residential development except the last section shall contain at least 25% of the total number of dwellings depicted on the preliminary plan or, in the discretion of the Municipality, such other percentage needed to ensure an acceptable living environment for residents while development is ongoing.

Provided the applicant has complied with all provisions of the approved preliminary plan, including adherence to the schedule for submission of final plans for various sections, the right of the applicant to complete construction in accordance with county and Municipal regulations at the time of the first approval shall be extended beyond the five-year period, for sections beyond the initial section, for an additional term of three years from the date of final approval of each section.

Failure of the applicant to comply with the schedule for submission of final plans for the various sections shall subject any such section to all changes in land use ordinances or other applicable Municipal ordinances enacted after the date of filing of the preliminary plan.

§ 324-14 Completion of improvements or guarantee required prior to approval.

No plat shall be finally approved for recording until all required improvements have been constructed or until financial security has been deposited to guarantee the construction of improvements.

Construction of improvements prior to final approval and recording of the plan. If the applicant chooses to construct improvements prior to final approval and recording of the plat, the applicant may proceed to do so when all of the following requirements have been met:

All other components of the application for final approval have been approved by the Municipality;

All necessary permits and approvals from other agencies have been obtained;

Construction drawings for all improvements have been approved by the Municipal Engineer and the Municipality;

A development agreement between the applicant and the Municipality, which is in accordance with applicable provisions of the MPC and acceptable to the Municipal Solicitor, has been executed, which specifies procedures and responsibilities for construction, inspection, and approval of all improvements.

Deposit of financial security to guarantee construction of improvements. If improvements are required and the applicant proposes to construct them after final approval and recording of the plan, financial security shall be deposited with the Municipality in an amount sufficient to cover the costs of all public improvements and common amenities, including but not limited to roads, stormwater management facilities, recreation facilities, open space improvements, and required buffer or screen plantings.

The amount and form of the financial security shall be as specified in the MPC.

When requested by the applicant, in order to facilitate financing, and provided that all other requirements for final approval have been met, the Municipality shall furnish the applicant with a letter indicating approval of the final plat contingent upon the applicant obtaining a satisfactory financial security. The letter of contingent approval shall expire within 90 days unless an extension is granted by the Municipality.

A copy of an executed development agreement, in a form approved by the Municipal Solicitor and consistent with the MPC, shall be submitted to the Municipality, which specifies all agreements between the applicant and the Municipality for the conduct of development activities, construction of improvements, inspection by the Municipal Engineer, establishment and payment of inspection fees, release of financial security upon satisfactory completion of improvements, and any other matters of concern to the Municipality.

If water mains or other utilities are to be installed under the jurisdiction of a public utility or Municipal Authority distinct from the Municipality, financial security shall be posted to assure proper completion and maintenance thereof in accordance with the regulations of the public utility and shall not be included within the financial security otherwise required.

(5)

Financial security shall not be required for the costs of any improvements for which financial security is required by and provided to the Department of Transportation in connection with the issuance of a highway occupancy permit pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428) known as the "State Highway Law."[1]

[1]

Editor's Note: See 36 P.S. § 670-420.

§ 324-15 Deposit of financial security as guarantee for improvements.

If the Municipality intends to accept dedication of any improvements after their completion, the developer shall post financial security, if requested by the Municipality, to guarantee the structural integrity and proper functioning of the improvements for a period of 18 months from the date of acceptance by the Municipality.

Acceptable security. The financial security shall be of the same type as required by the MPC to guarantee the construction of improvements.

Amount of security. The financial security shall not exceed 15% of the actual cost of installation.

§ 324-16 Abbreviated procedures for minor plans and plat adjustments.

Application. This section offers an option to combine preliminary and final applications for minor subdivisions and land developments and a simple sign-off process for plat adjustments. The option is available for review of minor plans and plat adjustments.

Minor subdivisions and land developments. The Municipality will review applications for final approval of minor subdivisions and minor land developments without having first reviewed an application for preliminary approval. A complete application for final review of a minor subdivision or land development shall be submitted in accordance with the procedure specified in § 324-12, except that a fee shall be required.

Review of plat adjustments. Subdivisions which are classified as plat adjustments may be submitted on Mylars prepared for recording, with all required signatures.

Minor plat adjustment. Final authority for approval or denial of a minor plat adjustment as defined herein shall be vested in the Director of Community Development of the Municipality of Monroeville upon application of the property owner or authorized agent of the property owner filing an appropriate application with the Municipality of Monroeville. The Municipality of Monroeville will forward the request for a minor plat adjustment to the Municipal Engineer who shall make a written recommendation for approval or denial to the Director of Community Development. The Director of Community Development shall then execute the minor plat adjustment Mylar and notify the Manager of the Municipality of Monroeville and the applicant in writing that the plat adjustment has been approved for recording. The Municipal Engineer and the Director of Community Development of the Municipality of Monroeville shall execute the Mylar in such a form and manner that the same would be acceptable for recording in the office of the Real Estate Department of Allegheny County. Both the Director of Community Development and the Municipal Engineer shall expedite the handling of minor plat adjustments and the same should be processed without referral to the Municipal Planning Commission or Council.

If the Mylars are correctly prepared, the Director of Community Development and Municipal Engineer will sign and/or seal on behalf of the Municipality.

§ 324-17 Requirements for recording.

Application. The requirements of this section apply to all plans that are to be recorded in Allegheny County.

Drafting standards. All final plans for recording shall be prepared in accordance with administrative regulations issued by the Allegheny County Department of Real Estate to ensure that the recorded plans will be accurate, complete, and legible.

Required certifications and notations. For certifications, notations, and approvals required on final plans for recording, refer to the Allegheny County Subdivision and Land Development Ordinance - Required Certifications.

Approvals required. Prior to the submission of any plan to the Allegheny County Department of Real Estate, all plans shall bear the approval of the Municipal Council, Planning Commission and appropriate county, state and federal agencies, and all required certifications and notations shall have been executed.

Recording required. All plans of subdivisions and land developments shall be recorded in the office of the Department of Real Estate of Allegheny County within 90 days of the date of final approval, or as provided for in the MPC.

§ 324-18 Requirement for digital submission of plans.

Requirement. In addition to the hard-copy plan prepared for recording, the applicant shall submit a digital version, which, when imported into the Municipality's geographic information system (GIS), shall provide a true and complete display of the subdivision or land development plan, in correct geographic location, on the Municipality's GIS computers.

Format. The applicant shall verify the correct current format for digital submission with the Municipality.

Content. The computer readable file shall include all information contained on the finally approved plan and shall be submitted at the same time that the plan is submitted for recording. Shape files or layers shall be broken into the following categories:

Storm sewer pipes (line).

Storm sewer inlets (point).

Storm sewer manholes (point).