Whenever a land development is desired, a plat of the layout of such land development shall be prepared filed and processed according to the requirements of this chapter.
The following types of land developments are hereby excluded from the provisions of this chapter only when such land development involves:
A. 
The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium.
B. 
The addition of an accessory building on a lot or lots subordinate to an existing principal building.
C. 
The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this subsection, an "amusement park" is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by the proper authorities.
In addition to complying with the provisions of this chapter, all land developments within the Borough shall comply with all applicable municipal ordinances as amended or adopted from time to time, including without limitation the Borough of Wilkinsburg Zoning Ordinance. Compliance with applicable municipal, county, state or federal regulations shall be a requirement for any approval under the provisions of this chapter.
Previous to the filing of an application for review of the preliminary plat, the applicant is provided the opportunity to submit to the Planning Commission plans and data as specified in § 229-16 below. This step does not require formal application, fee or filing of a plat with the Planning Commission. A preapplication conference is voluntary and shall not constitute a formal filing of any application for approval of a land development, shall not bind the Planning Commission to approve any concept present in the preapplication conference and shall not protect the application from subsequent changes in ordinance provisions which may affect the proposed development
A. 
General land development information may describe or outline the existing conditions of the site and the proposed development as necessary to supplement the drawings required below. This information should include data on existing covenants, land characteristics and available community facilities and utilities; and information describing the land development proposal such as the number of residential lots, typical lot width and depth, price range, business areas, playgrounds, parks and other public areas, proposed protective covenants and proposed utilities and street improvements.
B. 
The boundary survey on topography with location sketch may show the relationship of the proposed land development to existing community facilities which serve or influence it, including the development name and location; main traffic arteries; public transportation lines; shopping centers; elementary and high schools; parks and playgrounds; hospitals and churches; title; scale; North arrow; and date.
C. 
The sketch plan on topographic survey may show in simple sketch form the proposed layout of streets, lots and other features in relation to existing conditions, including:
(1) 
The proposed name of the land development.
(2) 
Name of the applicant.
(3) 
Name of the registered owner.
(4) 
North point, scale, and date.
(5) 
Name of the engineer, surveyor, or other qualified person responsible for the map.
(6) 
Tract boundaries.
(7) 
Topography, with elevations based on datum approved by the Planning Commission, and showing contours at vertical intervals of five feet. The applicant shall distinguish between areas of 15% slope and less and areas of 16% slope of more.
(8) 
Approximate location of watercourses, tree masses, rock outcrops, existing buildings, and actual location of sewers, inlets, water mains, easements, fire hydrants, railroads, existing or conformed streets and their established grades, and areas possessing mine subsidence problems.
(9) 
Adjacent streets.
D. 
After review and discussion with the applicant, the Planning Commission may indicate the suitability of the plan for development into preliminary plans. Based on the Commission's 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.
A. 
On reaching general conclusions informally (as recommended in the preapplication procedures), the applicant shall cause to be prepared a preliminary plan, together with such supplementary data as are required by this article, and submit said material to the Planning Commission at least 15 days prior to the regular monthly meeting.
B. 
Five copies of the preliminary plan and supplementary material shall be submitted to the Planning Commission with a written application on a form provided by the Planning Commission.
(1) 
If the application materials are incomplete or the fee has not been paid, the Planning Commission shall notify the applicant of what information is missing from the application. The date when all materials have been received shall then become the official date of submitting the plan.
(2) 
If complete materials are not submitted and the Planning Commission determines that an informed review is not possible, the Planning Commission shall notify the applicant in writing of this determination.
C. 
The Planning Commission shall review the plan submitted covering the requirements of this chapter and shall consult with the Borough Engineer and officials of any other department or authority as needed.
D. 
In assessing the suitability of the plan, the Planning Commission shall consider the Borough's Future Land Use Plan and any plans for the Planning Commission, including, but not limited to, proposed streets, recreation areas, drainage reservations, shopping centers and school sites.
E. 
Also to be considered is whether the land is subject to hazards of life, health, and safety. Such land shall not be subdivided until such hazards are removed. These hazards shall be interpreted to mean land subject to flooding, slides due to excessive slope or excavation, land of excessive or improper fill material, land improperly drained or land possessing mining subsidence problems.
F. 
All land development plans submitted to Wilkinsburg Borough shall be forwarded to the Allegheny County Department of Economic Development for their review and comment, according to Article V, § 502.b of the Municipalities Planning Code. The county has 30 days to review the plan and send their report to the Borough.
G. 
The Planning Commission shall notify the applicant of the scheduled meeting place, date, time, and agenda schedule. Within 30 days of this scheduled agenda review, the Planning Commission shall report to Borough Council on the land development, recommending approval, conditional approval or disapproval, each with reasons for action.
H. 
The Borough Council shall act on the preliminary plan upon the receipt of the Planning Commission report stating its approval, conditional approval, or disapproval, giving reasons for each, and may authorize, in writing, submission of a final plan for approval. The decision of the governing body shall be in writing and shall be communicated to the applicant personally or mailed to the applicant at their last known address no later than 15 days following the decision.
I. 
From the time an application for approval of a plan is duly filed as provided in this chapter, and while such application is pending approval or disapproval, no change or amendment of the Zoning, Subdivision and Land Development, or other governing ordinance or plan shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. In addition, 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 as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing results.
The preliminary plan shall include but not be limited to the following information:
A. 
A plan of the land development drawn to scale of one inch to 50 feet or one inch to 100 feet. If the proposed land development approaches the size of a complete neighborhood, a scale of one inch to 200 feet may be used.
B. 
The plan shall show or be accompanied by the following:
(1) 
Draft of protective covenants, if any.
(2) 
Title, to include:
(a) 
Name by which the land development will be recorded. The name of the land development shall not be a duplicate or too closely resemble the name.
(b) 
Location by municipality, county, and state.
(c) 
Names and addresses of the owner or owners.
(d) 
Name of registered engineer or surveyor who surveyed the property and prepared the plan.
(e) 
North point, date and graphic scale.
(3) 
Tract boundaries with bearings, distances and area in acres.
(4) 
Existing easements, their location, width and distance from property boundaries.
(5) 
Contours at vertical intervals of two feet if the general slope of the site is less than 15% and at vertical intervals of five feet if the general slope is greater than 16% . These contours should not be interpolated from USGS quadrangles.
(6) 
Datum to which contour elevations refer.
(7) 
Bench marks.
(8) 
Existing physical and natural features to include:
(a) 
Watercourses, floodplains, culverts, bridges, and drains.
(b) 
Slopes of 25% and greater shall be delineated.
(c) 
A description of the vegetation on the site, including a delineation of wetlands.
(d) 
Buildings, sewers, water mains and fire hydrants.
(e) 
Streets and alleys on or adjacent to the tract, including name, right-of-way widths and the entity that has jurisdiction over the street or alley.
(f) 
Subsurface conditions of tract, including information regarding past mining activity and future possibility of mine activity. If there are any seams of mineable material within 300 feet of the surface, the applicant shall be required to show proof that he/she owns rights of support. If the mine is inactive and there is 100 feet or less of overburden remaining (or there is evidence or a history of subsidence in the area), a subsidence risk assessment shall be required.
(g) 
Landslide-prone soils.
(9) 
The platting of adjacent properties and the names of adjacent land owners.
(10) 
A preliminary stormwater management plan for all major land development applications.
(11) 
For developments other than single-family residential subdivisions, the preliminary site plan shall show the footprints, square footage, and floor elevations of all proposed structures, along with a summary of the number of parking spaces required and the number proposed (including handicapped-accessible parking).
(12) 
The area of each proposed lot, parcel, tract and/or unit of ground in the subdivision shall be required for all land developments.
(13) 
For major land developments, the preliminary plans shall show all of the improvements that are required under § 229-39 of this chapter.
C. 
Proposed improvements shall include:
(1) 
Location, name and width of all proposed streets and alleys and paved cartway widths.
(2) 
Sidewalks and crosswalks.
(3) 
All rights-of -way and easements.
(4) 
Lot lines with bearings and dimensions.
(5) 
Building lines.
(6) 
Reservations of grounds for public use.
(7) 
A plan of the proposed water distribution system.
(8) 
A plan of the proposed sanitary sewage system.
(9) 
Proposed use of the land.
(10) 
Preliminary grading plan.
(11) 
A preliminary stormwater management plan.
(12) 
Proposed "limit of work."
(13) 
Proposed landscaping to be preserved.
(14) 
Proposed trees to be preserved.
(15) 
All additional plan and layout information, including stormwater management plan, road grading plans, and phasing and engineering information deemed necessary for consideration of the proposed plan shall be submitted by the applicant. A transportation impact study and other specialized studies may be required by the Planning Commission.
A. 
Application to the Planning Commission. When filing an application for approval of final plan, upon approval of the preliminary plan, the applicant shall submit to the Planning Commission Secretary at least 15 days prior to a regular meeting of the Planning Commission one copy of all plans and other information. An original plus four copies may be submitted to meet the requirements of Subsection F of this section. All final plans and other exhibits required for approval shall be submitted to the Planning Commission within six months after approval of the preliminary plan. Otherwise, such approval shall become null and void unless an extension of time is applied for and granted by the Planning Commission.
B. 
Planning Commission Review. The Planning Commission shall notify the applicant of the scheduled meeting place, date, time, and agenda scheduled. Within 30 days of this scheduled meeting, the Planning Commission shall report to Borough Council on the land development or land development, recommending approval, conditional approval, or disapproval, each with reasons for action. Approved final plans shall bear the signatures of the Chairman and the Secretary of the Planning Commission to a certified statement that all plan procedure requirements have been met.
C. 
Planning Commission Action. Following review by the Planning Commission, all final plans shall be submitted by the Planning Commission to the Borough Secretary or Borough Council at least 15 days prior to a regular meeting of the Borough Council.
D. 
Action of Borough Council. Borough Council shall review the final plan for recording and shall indicate approval, conditional approval, or disapproval in accordance with the time limitations set forth in the MPC. Approved final plans for recording shall bear the signatures of the Chairman and Secretary of Borough Council to a certified statement that all plan procedure requirements have been met.
E. 
The applicant shall provide a statement in conformity with Appendix 1,[1] duly acknowledged before an officer (notary public) authorized to take acknowledgment of deeds and signed by the landowner of the property, to the effect that the land development shown on the final plan is the act and deed of the landowner, that he is the owner or the owners representative of the property shown on the survey and plans, and that he desires the same to be recorded as such.
[1]
Editor's Note: Appendix I is included at the end of this chapter.
F. 
Conditional final approval. Wilkinsburg Borough Council may grant conditional approval of a final plan, provided that any conditions shall be satisfied prior to signing and recording of the plan 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, Borough Council may require that the condition be noted and recorded with the plan.
G. 
Recording. All plans receiving final approval from Borough Council are to be recorded in the office of the Allegheny County Recorder of Deeds within 90 days of approval or said plans become null and void. one copy of all recorded plans shall be retained by Borough Council and one by the Borough Engineer. The copy retained by Borough Council shall be an approved mylar.
For any land development or land development requiring final approval, the plan submitted:
A. 
Shall be drawn on sheets measuring either 17 inches by 22 inches or 34 inches by 44 inches with a border of 1/2 inch on all sides. More than one sheet may be used for larger tracts and must be of the same scale as indexed. For tracts utilizing more than one sheet, one additional map is required, at a larger scale, indicating the entire tract and indexing.
B. 
Shall be drawn with waterproof black drafting or plotter ink, and all records, data, entries, statements, etc., thereon shall also be made with the same type of ink.
C. 
Shall be drawn to a scale of no less than one inch equals 100 feet and shall be of sufficient size to clearly show all notations, dimensions and entries. All dimensions shall be shown in feet and decimals of a foot.
D. 
Shall contain a title block in the lower right corner with the following:
(1) 
Name under which the land development is to be recorded.
(2) 
Date of the plan, graphic scale and location of land development.
(3) 
Name of the land development owner.
(4) 
Name and address of the registered professional engineer or surveyor preparing plan.
E. 
All final plans submitted shall be drawn according to the following:
(1) 
Outside of a land development:
(a) 
Streets and other ways by medium solid lines.
(b) 
Property lines of adjacent land developments by medium dashed and two dotted lines.
(c) 
Restriction lines, easements, etc., by light dashed lines.
(2) 
Within a land development:
(a) 
Streets or ways by heavy solid lines.
(b) 
Perimeter property lines of the land development by heavy dashed and two dotted lines.
(c) 
Lot lines by light solid lines.
(d) 
Restriction or building lines by light dashed lines.
(e) 
Easements or other reserved areas by light dashed lines.
F. 
The final plan shall show:
(1) 
Primary control points, approved by the engineer, or description and ties to which all dimensions, angles, bearings, and similar data shall be referred.
(2) 
Acreage of plot.
(3) 
Tract boundary lines, right-of-way lines of streets, easements and other right-of-way, and property lines of residential lots and other sites with accurate dimensions, bearing or deflection angles, radii, arcs and central angles of all curves.
(4) 
Name and right-of-way width of each street or right-of-way.
(5) 
Location, dimensions and purpose of all easements.
(6) 
Number to identify each lot or site.
(7) 
Purpose for which sites other than residential are to be dedicated.
(8) 
Building setback line on all lots and sites.
(9) 
Location and description of survey monuments.
(10) 
Names of record owners of adjoining unplotted land.
(11) 
Certification of surveyor, professional engineer, or landscape architect as to the accuracy of survey and plat showing name, address, registration number and seal. Only a registered and licensed land surveyor may prepare and seal boundary surveys and land developments. According to the State Registration Board for Professional Engineers, Land Surveyors and Geologists, a plan sealed by a professional engineer or landscape architect may give proper reference on the plan, stating the name and registration number of the land surveyor who preformed the boundary survey, and the date and drawing number of the original boundary survey.
(12) 
Statement by the owner dedicating streets, right-of-way and sites for public uses.
(13) 
Protective covenants, if any, in form for recording.
(14) 
Such other certificates, affidavits, endorsements, or dedications as may be required in the enforcement of this chapter.
(15) 
Certification blocks for the appropriate governing and planning bodies.
(16) 
For all major land development applications, the exact location and elevation of all proposed buildings, structures, roads, and public utilities to be constructed within any designated floodplain district. All such maps shall show contours at intervals of two feet and identify accurately the boundaries of the flood-prone areas. Information provided to the Borough shall be in detailed and final form.
(17) 
Submission of the final plan shall also be accompanied by all required permits and related documentation from the Department of Environmental Protection (DEP), any other commonwealth agency, or the local municipality.
(18) 
Final grading plan with existing and proposed contours shown at two-foot intervals, and including final floor elevations for all major structures; design gradients on parking lots, driveways, loading docks, and other paved areas; spot elevations on tops and bottoms of curbs, steps, walls, and sidewalks; and any other information needed to show clearly how site grading (and drainage) works.
(19) 
Final utility plans and profiles, including top and invert elevations on all manholes, catch basins, endwalls, etc.; pipe sizes, slopes, lengths and materials and typical construction details.
(20) 
Final road plans and profiles, including vertical and horizontal curve geometry.
(21) 
Final stormwater management plans, reports, and calculations.
(22) 
Final site plans and typical site details.
(23) 
Final landscaping plan, including required bufferyard plantings, detailed plant lists, and typical planting details.
(24) 
Typical construction details and other site details.
(25) 
Any other information, in final form, necessary to demonstrate compliance with Article V of this chapter.
(26) 
For major developments, other required information might include a site lighting plan and photometric study (see § 229-33D); and a traffic impact report.
In the combination or recombination of lots or portions of previously plotted lots, the procedures and regulations heretofore described shall be followed except as they may be modified on application to the Planning Commission.
Plans and data involving land developments of three lots or less shall include but not be limited to the following:
A. 
The provisions of § 229-20 may be waived for a land development of three lots or less and the following requirements will become applicable:
(1) 
The proposed plan shall be drawn at a scale of no less than one inch equals 100 feet.
(2) 
The proposed plan shall be legibly drawn on Mylar measuring either 17 inches by 24 inches or 34 inches by 44 inches.
(3) 
The plan shall show or be accompanied by the following:
(a) 
Description of covenants.
(b) 
Title, to include: location by municipality, county, and state; names and addresses of the owner or owners; names of registered engineer or surveyor who surveyed the property and/or prepared the plan; and North point, date, and graphic scale.
(c) 
Proposed use of the land.
(d) 
Lot lines, dimensions and land area of proposed lot; also the area remaining in the original parcel.
(e) 
Existing and proposed streets, alleys and/or easements on or adjacent to the tract.
(f) 
Available utilities (public sewer and water source and disposal systems should be indicated).
(g) 
Statement by the owner dedicating streets and right-of-way for public use.
(h) 
Names of abutting property owners.
(i) 
A statement of approximately how much land will be disturbed.
(j) 
The following additional information shall be submitted upon request by the Planning Commission: subsurface and drainage conditions of the tract; any other data pertinent to the plan.
(4) 
Preliminary and final plans. Conformance to the above requirements may replace the preliminary and final plan requirements.
(5) 
Approval and disposition of final plans. Approval and disposition of final plans shall be in accordance with § 229-48.
A. 
Borough Council may grant a modification or waiver of the requirements of one or more provisions of this chapter for the following reasons, provided that such modification or waiver will not be contrary to the public interest and that the purposes of the Ordinance are observed:
(1) 
Hardship. The literal enforcement of the provision will exact undue hardship because of peculiar conditions pertaining to the land in question; or
(2) 
Alternative standard. An alternative standard can be demonstrated to provide equal or better results.
B. 
All requests for modifications or waivers shall be in writing and shall accompany and be a part of the application. The requests shall state in full the grounds and facts of hardship or evidence of equal or better result in which the request is based, the provision or provisions of the Ordinance involved and the minimum modification necessary.
C. 
The Borough shall keep a written record of all actions on requests for modifications.
A. 
The Borough may offer mediation as an aid in reaching decisions on applications for approval of a land development as an alternative to appeals from such decisions. Mediation shall supplement, not replace, those procedures once they have been formerly initiated. Nothing in this section shall be interpreted as expanding or limiting the Borough's police powers or as modifying any principle of substantive law.
B. 
Participation in mediation shall be wholly voluntary. The appropriateness of mediation shall be determined by the particulars of each case and the willingness of the parties to negotiate. The Borough shall assure that, in each case, the mediating parties, assisted by the mediator, as appropriate, develop terms and conditions for:
(1) 
Funding mediation.
(2) 
Selecting a mediator who, at minimum, shall have a working knowledge of zoning and land development procedures and demonstrated skills in mediation.
(3) 
Completing mediation, including the time limits for such completion.
(4) 
Suspending time limits otherwise authorized in this chapter, provided there is written consent by the mediating parties and by an applicant or the Borough if either is not party to the mediation.
(5) 
Identifying all parties and affording them the opportunity to participate.
(6) 
Subject to legal restraints, determining whether some or all of the mediation sessions shall be open or closed to the public.
(7) 
Assuring that mediated solutions are in writing and signed by the parties, and become subject to review and approval by the Borough pursuant to the procedures for approval contained in this chapter.
C. 
No offers or statements made in the mediation sessions, excluding the final written mediated agreement, shall be admissible as evidence in any subsequent judicial or administrative proceedings.