[Ord. 963, 10/18/2006, § 301]
No person shall undertake any activity constituting a subdivision,
consolidation or land development without first submitting and obtaining
approval from the Borough of a subdivision, consolidation or land
development plat in accordance with the terms of this chapter and
all applicable provisions of the Code of Ordinances of the Borough
of Forest Hills or other ordinances and regulations.
[Ord. 963, 10/18/2006, § 302]
1. A voluntary sketch plan conference with the Zoning Officer is recommended
prior to the pre application conference. The sketch plan conference
requires no formal application or fee.
2. Prior to filing an application for preliminary approval, a prospective
applicant may appear before the Planning Commission for a preapplication
conference to discuss the applicable regulations governing subdivision
and/or land development of the property and the feasibility and timing
of the application. The preapplication conference is voluntary and
no formal application or fee is required.
[Ord. 963, 10/18/2006, § 303]
1. An application for preliminary approval of a subdivision and/or land development shall be filed with the Zoning Officer, on forms as prescribed by the Borough, at least 30 days prior to the regular meeting of the Planning Commission. The developer shall submit 12 full-scale copies and nine half-scale copies of the preliminary plan to the Zoning Officer. The preliminary application shall not be considered complete and properly filed unless or until all items required by §
22-305 of this chapter, including the application fee, have been received by the filing date.
2. The Zoning Officer shall review the application to determine whether all materials required by §
22-305 of this chapter and any other relevant Borough ordinances have been submitted by the applicant. If all such materials have not been submitted, then the Zoning Officer shall reject the application as being administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met.
3. Within five days of receipt of an administratively complete application, the Zoning Officer shall submit one copy of the application and any materials submitted therewith to the following entities for review: full-scale plan copies to the Borough Zoning Officer, the Borough Engineer, each member of the Planning Commission and the Allegheny County planning agency or its designee; half-scale plan copies to each member of the Borough Council, the Mayor and the Borough Solicitor Where deemed appropriate under Part
6 of this chapter, the Zoning Officer shall also submit a copy of the application and related materials to the Environmental Advisory Council for review and comment.
4. Planning Commission Action.
A. Within 20 calendar days of the Zoning Officer's transmission
of a complete preliminary application, the Borough Engineer shall
submit a written report to the Zoning Officer and the Planning Commission
which states whether the application complies with the requirements
of this chapter and any other relevant Borough ordinances and regulations.
The report shall be included in the minutes of the Planning Commission
meeting. The Planning Commission shall not make a recommendation on
the application until the Borough Engineer's report has been
received or 20 calendar days have passed from the date of referral
to the Borough Engineer.
B. Within 60 calendar days of the date of filing of an administratively
complete application, the Planning Commission shall make a written
recommendation to the Borough Council for approval, approval with
conditions or disapproval of the preliminary application. The recommendation
of the Planning Commission shall provide reasons for the recommendation
and, in the case of a recommendation for disapproval, shall cite the
specific requirements of this chapter that the applicant has not met.
5. Borough Council Action.
A. The Borough Council shall act upon the preliminary application no
later than 90 days following the regular meeting of the Planning Commission
next following the date of filing of an administratively complete
application, provided that should the next said Planning Commission
meeting occur more than 30 days following the filing of an administratively
complete application, said ninety-day period shall be measured from
the thirtieth day following the date of filing of the administratively
complete application. The recommendation of the Planning Commission
and the Planning Commission minutes containing the report of the Borough
Engineer shall be made a part of the record at the said Borough Council
meeting.
B. The Borough Council shall not act on a preliminary application unless
the Borough has received written review of the application by the
Allegheny County planning agency or their designee or unless 30 calendar
days from the date of referral have passed.
C. A letter indicating approval, approval with conditions or disapproval
shall be in writing and shall be communicated to the applicant personally
or mailed to him or her at his or her last known address within 15
calendar days following the Borough Council decision. If the preliminary
application is not approved in terms as filed, the Borough Council
shall specify the defects found in the preliminary application and
cite the requirements of this chapter or other Borough ordinances
that the applicant has not met, in accordance with the Municipalities
Planning Code, 53 P.S. § 10101 et seq.
D. The applicant shall accept or reject the conditions attached to the
preliminary approval by giving written notice to the Zoning Officer
within 30 calendar days of the date of the public meeting of the Borough
Council at which preliminary approval is granted. If the applicant
fails to give written notice to the Zoning Officer regarding acceptance
or rejection of the conditions attached to preliminary approval within
the required 30 calendar days, then the conditions shall be deemed
accepted by the applicant.
6. Expiration of Preliminary Plan Approval.
A. Preliminary plan approval shall expire within five years after being
granted by the Borough Council, unless the applicant requests and
the Borough Council grants a written extension prior to the expiration
of preliminary approval plan approval. The applicant shall submit
a request for extension, in writing, to the Zoning Officer at least
30 calendar days prior to any prevailing expiration date. Extensions
may be granted for one or more six month periods, upon a finding by
the Borough Council that such extension is warranted.
B. In the case of a phased development calling for the installation
of public improvements beyond the five-year period, a schedule shall
be filed by the applicant with the preliminary application delineating
all proposed phases or sections, as well as deadlines for submission
of applications for final approval of each phase or section. Such
schedule shall be updated annually by the applicant on or before the
anniversary date of preliminary approval, until final approval of
the last phase or section has been granted. Any modification in the
schedule for filing final applications shall be subject to approval
by the Borough Council in its sole discretion.
[Ord. 963, 10/18/2006, § 304]
1. After a preliminary application has been approved by the Borough Council, the developer may proceed to file an application for final approval of a subdivision and/or land development with the Zoning Officer, on forms as prescribed by the Borough, at least 30 days prior to the regular meeting of the Planning Commission. The developer shall submit 12 full-scale copies and nine half-scale copies of the final plan to the Zoning Officer. The final application shall not be considered complete and properly filed unless or until all items required by §
22-306 of this chapter, including the application fee, have been received by the filing date.
2. The Zoning Officer shall review the application to determine whether all materials required by §
22-306 of this chapter and any other relevant Borough ordinance have been submitted by the applicant. If all such materials have not been submitted, then the Zoning Officer shall reject the application as being administratively incomplete and shall notify the applicant, in writing, citing the specific deficiencies and the specific requirements of this chapter that have not been met.
3. Within five days of receipt of an administratively complete application, the Zoning Officer shall submit one copy of the application and any materials submitted therewith to the following entities for review: full-scale plan copies to the Borough Zoning Officer, the Borough Engineer, each member of the Planning Commission and the Allegheny County planning agency or its designee; half-scale plan copies to each member of the Borough Council, the Mayor and the Borough Solicitor. Where deemed appropriate under §
22-314 of this chapter, the Zoning Officer shall also submit a copy of the application and related materials to the Environmental Advisory Council for review and comment.
4. Planning Commission Action.
A. Within 20 calendar days of the Zoning Officer's transmission
of a complete final application, the Borough Engineer shall submit
a written report to the Zoning Officer and Planning Commission which
states whether the application complies with the requirements of this
chapter and any other relevant Borough ordinances and regulations.
The report shall be included in the minutes of the Planning Commission
meeting. The Planning Commission shall not make a recommendation on
the application until the Borough Engineer's report has been
received or 20 calendar days have passed from the date of referral
to the Borough Engineer.
B. Within 60 calendar days of the date of filing of an administratively
complete application, the Planning Commission shall make a written
recommendation to the Borough Council for approval, approval with
conditions or disapproval of the final application. The recommendation
of the Planning Commission shall provide reasons for the recommendation
and, in the case of a recommendation for disapproval, shall cite the
specific requirements of this chapter that the applicant has not met.
5. Borough Council Action.
A. The Borough Council shall act upon the final application no later
than 90 days following the regular meeting of the Planning Commission
next following the date of filing of an administratively complete
application; provided, that should the next said Planning Commission
meeting occur more than 30 days following the filing of an administratively
complete application, said ninety-day period shall be measured from
the thirtieth day following the date of filing of the administratively
complete application. The recommendation of the Planning Commission
and the Planning Commission minutes containing the report of the Borough
Engineer shall be made a part of the record at the said Borough Council
meeting.
B. The Borough Council shall not act on a final application unless the
Borough has received written review of the application by the Allegheny
County planning agency or their designee or unless 30 calendar days
from the date of referral have passed.
C. A letter indicating approval, approval with conditions or disapproval
shall be in writing and shall be communicated to the applicant personally
or mailed to him at his last known address within 15 calendar days
following the Borough Council decision. If the final application is
not approved in terms as filed, the Borough Council shall specify
the defects found in the final application and cite the requirements
of this chapter or other Borough ordinances that the applicant has
not met, in accordance with the Municipalities Planning Code, 53 P.S.
§ 10101 et seq.
D. The applicant shall accept or reject the conditions attached to the
final approval by giving written notice to the Zoning Officer within
30 calendar days of the date of the public meeting of the Borough
Council at which preliminary approval is granted. If the applicant
fails to give written notice to the Zoning Officer regarding acceptance
or rejection of the conditions attached to final approval within the
required 30 calendar days, then the conditions shall be deemed accepted
by the applicant.
6. Phased Approval.
A. In the case where development of a subdivision and/or land development
is projected over a period of years, the Borough authorizes submission
of final applications by sections or phases of development, subject
to such requirements or guarantees for private or public improvements
in future sections or phases of the development which are essential
for the protection of the public welfare and any existing or proposed
section or phase of the plan.
B. All sections or phases must conform to the preliminary application as previously approved by the Borough. Any phase that contains substantive changes in the number of lots or buildings proposed or in the layout of the lots, buildings or streets previously approved in the preliminary application will require complete resubmission of the preliminary application in accordance with §
22-305 of this chapter.
[Ord. 963, 10/18/2006, § 305]
1. General. The preliminary application shall include the original application,
a location map, site map, preliminary plat, engineering report, erosion
and sedimentation control plan, and the text or graphical material
as referenced below. The application shall be submitted to the Zoning
Officer, with not fewer than six full scale copies and 15 half scale
copies of all required maps, and 15 copies of all other application
material. An application for preliminary approval shall not be considered
administratively complete until all items required by this chapter,
including the application fee and/or deposit, have been received by
the Zoning Officer.
2. Location Map. The location map shall clearly indicate the area within
1,000 feet of the development site showing North direction, the area
and zoning of the tract proposed for development in relation to the
area and zoning of adjacent properties, property lines, the location
and relative distance to public streets, and adjacent municipalities
as appropriate.
3. Site Map. The site map shall cover the entire tract and all lands
within 500 feet of its boundaries, except for minor land developments
for residential use, in which the site map shall cover the entire
tract and all immediate adjacent properties. The site map shall clearly
and accurately show the following data:
A. The topography, with vertical contour intervals of five feet or less.
B. The natural features and existing culture, such as woods, streams,
embankments, retaining walls, structures and existing land uses.
C. The names of owners of properties adjacent to the tract.
D. Existing and proposed streets and rights-of-way, including dedicated
widths, roadway widths, approximate gradients, types and widths of
pavements, and curbs and sidewalks.
E. Existing and proposed easements, including widths and purposes.
F. Utilities, including size, capacity and location of sanitary sewers,
storm sewers, drainage facilities, water lines, gas mains and power
lines.
G. Surface drainage conditions and patterns and subsurface drainage
conditions and patterns including, but not limited to, delineation
of streams and areas subject to periodic overflow of flood or stormwaters.
A statement of the expected, anticipated or possible effects of surface
and subsurface drainage upon contiguous, adjacent or nearby property
owners affected by the surface and subsurface drainage conditions,
should approval of the subdivision occur, must also be furnished to
the Borough by the developer.
H. 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.
I. Tract boundary lines by calculated distances and bearings.
J. Title, graphic scale, north point and date.
4. Preliminary Plat. A preliminary plat shall be drawn at a scale of
not smaller than 100 feet to one inch on a sheet measuring 24 inches
by 36 inches and shall show the following:
A. The name of the proposed subdivision/development.
B. The names and addresses of the landowner, the developer and persons
who prepared the plan.
D. The zoning classification of the tract and a tabulation of data for
the required zoning district and the proposed development.
E. A legend, a key plan, legends, notes, graphic scale, north point
and date.
F. The names and owners of the properties adjacent to the tract.
G. Block and lot parcel numbers.
H. The proposed street pattern, including the names, widths and rights-of-way
of streets, the widths and purpose of easements and the approximate
grades of streets where they exceed 8%.
I. The layout of lots, including their dimensions, numbers and building
lines.
J. Profiles, cross-sections and specifications for proposed street improvements.
K. Profiles and other explanatory data concerning the installation of
water distribution systems, storm sewer and sanitary sewers.
L. The parcels of land to be dedicated or reserved for schools, parks,
playgrounds or other public or community uses.
M. The location of all off-street parking spaces and the total number of spaces to be provided, in accordance with the requirements of the Zoning Ordinance [Chapter
27].
N. The location and design for all landscaping and screening proposed
showing the height and type of screening.
O. The location of the one-hundred-year floodplain as indicated on a
certified FEMA map, with the community panel number, map name, date
and map panel numbers, if applicable.
P. Certification of the registered professional land surveyor as to
the accuracy of the survey and plan.
5. Engineering Report. An engineering report shall include the following
data wherever pertinent:
A. A report on the feasibility of connection to an existing sewerage
system, including the distances to the nearest public sewer, the service
load of the subdivision and the capacity of the treatment plant.
B. If connection to a public sewerage system is not feasible, a report
on the feasibility of a separate sewerage system and a treatment works,
including the design, population, type and location of the treatment
and the receiving stream.
C. If connection to a public or private sewerage system is not feasible,
a report on the feasibility of on-lot sewage disposal, including a
detailed map of the physical conditions of the site, contours, finished
grades, watercourses, ground water table elevations and the results
of soil absorption tests for each individual lot conducted in accordance
with the recommended practices of the County Health Department.
D. A geotechnical report prepared by a registered engineer with experience in geotechnical engineering shall be submitted if required by the Borough Grading Ordinance [Chapter
9, Part
1].
6. Erosion and Sedimentation Control Plan. The erosion and sedimentation
control plan shall specifically indicate all erosion and sedimentation
control measures to be utilized on the site. The plan shall be on
a sheet size measuring 24 inches by 36 inches and meet the following
requirements:
A. The plan shall be prepared by persons trained and experienced in
erosion and sedimentation control methods and techniques.
B. The plan shall be designed to prevent accelerated erosion and sedimentation
and shall consider all factors which contribute to erosion and sedimentation
including, but not limited to, the following:
(1)
The topographic features of the project area.
(2)
The types, depth, slope and areal extent of the soils.
(3)
The proposed alteration to the area.
(4)
The amount of runoff from the project area and the upstream
watershed area.
(5)
The staging of earth moving activities.
(6)
Temporary control measures and facilities for use during earth
moving.
(7)
Permanent control measures and facilities for long-term protection.
(8)
A maintenance program for the control facilities, including
disposal of materials removed from the control facilities or project
area.
C. The plan shall conform with all additional requirements specified
by the Borough Council, the Pennsylvania Department of Environmental
Protection, the Allegheny County Conservation District and the County
Health Department.
D. The erosion and sedimentation control plan shall be prepared in accordance
with the Pennsylvania Erosion and Sedimentation Regulations, 25 Pa.
Code, Chapter 102, and the specification of the Allegheny County Conservation
District. All plans shall be reviewed and approved or permitted by
the Allegheny County Conservation District.
7. Traffic Impact Study.
A. Any land development or subdivision which will generate, on average,
75 or more peak hour trips on any adjacent street shall be required
to have a traffic impact study completed as part of the approval process.
The estimated number of trips shall be determined by an analysis of
similar uses through data collected by the Institute of Transportation
Engineers (ITE) or through similar uses acceptable to the Borough.
B. The Borough may require a traffic impact study for developments or
changes in uses generating less than 75 trips in addition to the adjacent
roadways peak hour volumes in cases where known traffic deficiencies
exist in the area of the proposed development or change in use. The
Borough may waive the study requirement for an individual development
or change in use, where said development or change in use was incorporated
as part of a previously approved traffic impact study.
C. The scope of the study, study area and methodology shall be approved
by the Zoning Officer or his or her designee before the study is initiated.
A pre-application conference shall be scheduled for this purpose.
The traffic impact study shall include the following if appropriate
as determined by the Borough:
(1)
A brief description of the proposed project in terms of land
use and magnitude.
(2)
An inventory and analysis of existing roadway and traffic conditions
in the site environs including:
(a)
Roadway network and traffic control.
(b)
Existing traffic volumes in terms of peak hours and average
daily traffic (ADT).
(c)
Planned roadway improvements by others.
(d)
Intersection levels of service.
(e)
Other measures of roadway adequacy; i.e., lane widths, traffic
signal warrants, vehicle studies, etc.
(3)
Proposed site-generated traffic volumes in terms of:
(a)
Peak hours and ADT (by development phase if required).
(b)
Arrival/departure distribution including method of determination.
(c)
Site traffic volumes on study roadways.
(4)
An analysis of future traffic conditions including:
(a)
Future opening year combined traffic volumes (site traffic plus
future background roadway traffic). Opening year is the projected
year of opening for the proposed development or change in use.
(b)
Future design year, or years with phasing, combined traffic
volumes (site traffic plus future roadway traffic). Design year is
projected to 10 years beyond the expected opening year of the development
or change in use.
(c)
Background traffic growth rates for study roadways will be provided
by the Borough. These growth rates shall be consistent with the analysis
performed for the Borough's Comprehensive Plan and any subsequent
updates/revisions to the Comprehensive Plan.
(d)
Intersection levels of service.
(e)
A structural pavement analysis of roadways which are projected
to experience significant increases is ADT volumes off-site.
(f)
Other measures of roadway adequacy; i.e., lane widths, traffic
signal warrants, vehicle delay studies, etc.
(g)
When access is onto a state road, the analysis of future conditions
shall be consistent with Pennsylvania Department of Transportation
requirements.
(5)
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 service (LOS) shall
be defined by the Highway Capacity Manual, Special Report 209, published
by Transportation Research Board. These standards may be waived by
the Borough if sufficient evidence is provided that criteria cannot
be met with reasonable mitigation.
(a)
Traffic capacity LOS shall be based upon future design year
analysis.
(b)
New or modified (a new approach created) 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.
(c)
New or modified (a new approach created) signalized intersections
shall be designed for LOS C or better for each traffic movement, unless
otherwise specified by the Borough.
(d)
Existing intersections impacted by development traffic shall
maintain a minimum LOS D for each traffic movement, or, if future
base (without development traffic) LOS is E then mitigation shall
be made to maintain LOS E with development traffic. If future base
LOS is F, then degradation in delays shall be mitigated.
(6)
A description and analysis of the proposed access plan and site
plan including:
(a)
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.
(b)
On-site circulation plan showing parking locations and dimension,
loading access circulation roadway and traffic control.
(7)
Traffic circulation mitigating action plan shall include:
(a)
Project features relative to site access and on-site circulation
which could be modified to maximize positive impact or minimize negative
impact.
(b)
Off-site improvement plan depicting required roadway and signal
installation and signing improvements to meet the minimum level of
service requirements.
D. Traffic Control Devices and Other Traffic Improvements. Whenever,
as a result of additional traffic generated by a proposed development,
the traffic impact study determines the need for a traffic signal
or regulatory sign, additional traffic lanes (acceleration, deceleration
or turning) or other traffic improvements to be constructed on the
applicant's property or on the property abutting the applicant's
property, the applicant shall, as a condition to approval of the final
plat, agree to construct the improvements at the applicant's
cost, or in lieu thereof, and with the written consent of the Borough,
reimburse the Borough for the cost of the improvements.
8. Text or Graphical Materials. The following text or graphical materials
shall be provided.
A. Covenants, Grants and Easements. The substance of covenants, grants,
easements or other restrictions proposed, in a form and manner acceptable
to the Borough Solicitor.
B. Environmental Impact Statement. An environmental impact statement and analysis consistent with Part
6 of this chapter.
9. A stormwater management plan, meeting the requirements of §
22-608.
[Ord. 963, 10/18/2006, § 306]
1. General. The final application shall include the original application,
a copy of the approved preliminary plat, the final plat, construction
plans, and the text or graphical material as referenced below. The
application shall be submitted to the Zoning Officer, with not fewer
than six full scale copies and 15 half scale copies of all required
maps, and 15 copies of all other application material. An application
for preliminary approval shall not be considered administratively
complete until all items required by this chapter, including the application
fee and/or deposit, have been received by the Zoning Officer.
2. Final Plat. The final plat shall be drawn at a scale of not smaller
than 100 feet to one inch and shall show:
A. The name of the proposed subdivision.
B. The names and addresses of the landowner and developer, the source
of title of the land as shown by the books of the Recorder of Deeds
of the County.
C. The graphic scale, the north point, and the date.
D. The survey data certified by a registered land surveyor showing the
calculated distances and bearings of the subdivision/land development
boundaries, lots, utility easements, streets, alleys, building lines
and parks reserved for community purposes.
E. The location and distances to the nearest established street corners
of official monuments and the streets intersecting the boundaries
of the subdivision.
F. The location, type of material and size of monuments.
G. Complete curve data for all streets.
H. Lot numbers and street names.
I. Any modifications, restrictions or zoning variances received during
the approval of the plan.
J. Protective covenants, if any, in the form of recording.
K. Location of any street monuments and property corners to be set.
L. Center line bearings and distances of all proposed easements used
to tie the easements down to the boundary lines of the development
property.
3. Construction Plans. The construction plans for public and private
improvements shall be prepared by a registered engineer or registered
land surveyor drawn to a scale not smaller than 100 feet to one inch
on sheets measuring 24 inches by 36 inches and shall show the following:
A. All information required for the preliminary plan approval.
B. Conformity with the design standards specified in Part
6 of this chapter and the Borough Construction Standard Details. The construction details shall be shown on the plan.
C. Plans in profile of each street in the plan and at least 200 feet
beyond the limits of the plan.
D. At least three cross-sections at intervals not to exceed 100 feet
and extending 50 feet on each side of the street center line or 25
feet outside the street right-of-way, whichever is greater.
E. All sewer and drainage easements over private property.
F. The location of all necessary storm and sanitary sewers, manholes
and catch basins.
G. The top and invert elevation of each inlet and manhole, together
with the grade of each sewer line.
H. The grade line, distance and pipe size of each line in the storm
drainage system and the sanitary sewer system within the plan and
any storm drainage system immediately adjacent thereto.
I. All pipe sizes, shown by plan and profile.
J. A landscaping plan shall be submitted.
K. The buffer yard setbacks, if required.
L. First-floor elevation for all proposed and existing structures.
M. For nonresidential and multi-family residential developments, the
plan shall depict proposed buildings, parking areas, access driveways
and other significant proposed features.
N. All proposed open spaces, proposed public areas and any related restrictions
or conditions.
O. Location of all proposed water, gas and utility lines and their connection
to the existing system(s).
4. Text and Graphical Material. The following text or graphical materials
shall be provided.
A. Final Covenants, Grants and Easements. The substance of the final
covenants, grants, easements or other restrictions proposed, in a
form and manner acceptable to the Borough Solicitor.
B. Performance and Maintenance Security. Performance and maintenance security to guarantee proper installation of public and private improvements as required by §§
22-308 and
22-406 of this chapter.
C. Indentures, Acknowledgments and Endorsements. The indentures, acknowledgments
and endorsements in the form provided in Appendix 2 of the Allegheny
County Subdivision and Land Development Ordinance as determined applicable
by the Borough Engineer.
[Ord. 963, 10/18/2006, § 307]
When requested by the developer, in order to facilitate financing,
the Borough Council shall furnish the developer with a signed copy
of a resolution indicating approval of the final plat contingent upon
the developer providing satisfactory completion security. The final
plat shall not be signed nor recorded until the completion security
and development agreement are executed and all other conditions of
final approval are met.
[Ord. 963, 10/18/2006, § 308]
1. Prior to the granting of final approval, the developer shall either
complete all improvements required by this chapter or deliver to the
Borough performance security in the amount of 110% of the cost to
complete all improvements required by this chapter, estimated as of
90 days following the date scheduled for completion by the developer.
Annually, the Borough may adjust the amount of the performance security
by comparing the actual costs of the improvements which have been
completed and the estimated cost for completion of the remaining improvements
as of the expiration of the ninetieth day after either the original
date scheduled for completion or a rescheduled date of completion.
Subsequent to said adjustment, the Borough may require the developer
to post additional security in order to assure that the performance
security equals 110%. Any additional security shall be posted by the
developer in accordance with this section.
2. The amount of the required performance security shall be based upon
an estimate of the cost of completion of the required improvements,
submitted by the developer and prepared by a professional engineer
licensed as such in the Commonwealth and certified by such engineer
to be a fair and reasonable estimate of such cost. The Borough, upon
recommendation of the Borough Engineer, may refuse to accept such
estimate for good cause shown. If the developer and the Borough are
unable to agree upon the estimate, then the estimate shall be recalculated
and recertified by another professional engineer licensed as such
in this Commonwealth and chosen mutually by the Borough and the developer.
The estimate certified by the third engineer shall be presumed fair
and reasonable and shall be the final estimate. In the event that
a third engineer is so chosen, fees for the services of said engineer
shall be paid equally by the Borough and the developer.
3. If the developer requires more than one year from the date of posting
of the performance security to complete the required improvements,
the amount of the performance security may be increased by an additional
10% for each one-year period beyond the first anniversary date from
posting of the performance security or to an amount not to exceed
110% of the cost of completing the required improvements as reestablished
on or about the expiration of the preceding one-year period by using
the above procedure.
4. Form of Security.
A. The following requirements shall apply to any surety bond posted
as performance security in accordance with this chapter:
(1)
The bond shall be obtained from as surety incorporated in the
United States and authorized to do business in Commonwealth of Pennsylvania.
(2)
The surety shall have a current AM Best's rating of no
less than "A" and an underwriting capacity as stated in Best's
equal to or greater than the amount of the bond written by that surety,
or in the alternative be listed on the current United States Department
of the Treasury's Annual List of "Companies Holding Certificates
of Authority as Acceptable Sureties on Federal Bonds and as Acceptable
Reinsuring Companies" as published in the Federal Register and have
an underwriting capacity in said list equal to or greater than the
amount of the bond written by that surety.
B. The following requirements shall apply to any letter of credit posted
as performance security in accordance with this chapter:
(1)
The letter of credit shall be issued by a federal or commonwealth
chartered lending institution having an office located within 30 miles
of the boundaries of the Borough at which a draft on site can be presented
during regular business hours.
(2)
The letter of credit shall have an expiration date of no earlier
than 90 days after the required completion date of any improvements.
The Borough, at its discretion, may accept a letter of credit having
an earlier expiration date, provided the letter of credit states that
it will automatically be renewed for a period of at least one-year
from any present or future expiration date unless the Borough receives
notice in writing from the issuer at least 60 days prior to the expiration
date that the issuer elects to not further extend the letter of credit,
and that if such notice is given the Borough may draw on the letter
of credit up to the amount of its unused balance on or before the
relevant expiration date.
(3)
Multiple draws on the letter of credit shall be permitted.
(4)
Draws shall be permitted at sight at the issuer's office
in a location as set forth in subparagraph (1) above, and by overnight
mail.
C. All financial security tendered by an applicant pursuant to this
chapter shall be subject to review and approval by the Borough Solicitor
with respect to the form, source and sufficiency of the same.
[Ord. 963, 10/18/2006, § 309]
1. Before granting final approval, Borough Council shall require that
the developer execute a development agreement with the Borough, in
a form acceptable to the Borough Solicitor, containing provisions
that are reasonably required to guarantee the proper installation
of on-site and off-site improvements related to the subdivision and/or
land development, any performance or maintenance security to be provided
in connection therewith, and provisions necessary to indemnify the
Borough in connection therewith.
2. Said agreement shall be executed, the required performance security
shall be posted and all required fees shall be paid before the Borough
Secretary shall affix his or her signature and the Borough Seal to
the final plat for recording purposes.
[Ord. 963, 10/18/2006, § 310]
Approval of final plats by Borough Council shall not be binding
if county, state or federal agencies find just cause to disapprove
the development. It shall be the developer's responsibility to
obtain all necessary approvals from county, state and federal agencies.
[Ord. 963, 10/18/2006, § 311]
Upon approval of a Final Plat by the Borough Council, the developer
shall, within 90 days of such final approval, record such plat in
the office of the Allegheny County Recorder of Deeds.
[Ord. 963, 10/18/2006, § 312]
Upon recording the approved final plat in the office of the
Allegheny County Recorder of Deeds, the developer shall deliver to
the Borough one reproducible mylar and four paper prints of the plat
as recorded.
[Ord. 963, 10/18/2006, § 312]
The developer of a minor subdivision or minor land development may proceed simultaneously for preliminary plat and final plat approval, following the procedures set forth in §
22-306 of this chapter for final plan approval. The Borough, through its Zoning Officer, may waive, where appropriate, any of the requirements of §
22-306 of this chapter with the exception of §
22-306, Subsections
1 and
2.
[Ord. 963, 10/18/2006, § 313]
Provided all of the submittal requirements of this Part are
met, a developer may request simultaneous preliminary plat and final
plat approval of any subdivision and/or land development.
[Ord. 963, 10/18/2006, § 314]
1. Environmental impact statements shall be submitted to the Zoning Officer at the time of submission of the underlying development or use application. This submission shall include seven copies of the environmental impact statement, in addition to any other copies required by this chapter, the Zoning Ordinance [Chapter
27] or any other Borough ordinance or regulation. The environmental impact statement shall include an index to the principal portions thereof setting forth the page number or pages referable to such portions and a listing of all included exhibits. The environmental impact statement must also include a copy of any separate documents referred to therein. Within five days of receipt of an administratively complete application, the Zoning Officer shall submit one copy of the environmental impact statement to each member of the Environmental Advisory Council.
2. Review of Environmental Impact Statements. All environmental impact
statements required by this Code of Ordinances and other Borough ordinances
or regulations (i.e., conditional use applications, planned residential
development applications, and subdivision and land development applications)
shall be reviewed by the Environmental Advisory Council according
to the following procedures:
A. The Environmental Advisory Council shall review an environmental
impact statement and forward its recommendation to the Planning Commission
and Borough Council within 30 of the date of the Borough's receipt
of an administratively complete application.
B. The Environmental Advisory Council shall review an environmental
impact statement and receive comments from interested parties at a
public meeting.
C. The Environmental Advisory Council's recommendation shall include
a statement regarding the environmental impact statement's compliance
with the requirements of this Part and any other relevant aspects
of the proposed development and its impact on the environment.
D. The Environmental Advisory Council is encouraged, but not required,
to review any amended environmental impact statement submitted after
the Environmental Advisory Council's initial review.