A.
Filing of notice. A land developer shall file a notice of proposed land development for any proposed land development to be undertaken within the Borough of Leetsdale. Such notice of proposed land development shall clearly state the proposed development for which approval is requested and shall be timely provided to Leetsdale Borough Council, consistent with the complexities and potential environmental impacts of the proposed land development; but in no event shall such notice of proposed land development be submitted less than 30 days prior to the intended initiation of the proposed land development. Such an "intended initiation" shall include, but shall not be limited to, the submission of a proposed subdivision plan or land development plan, as required and defined in Article II of this chapter, to the Borough for approval.
B.
Content of notice of proposed land development. The
content of the notice of proposed land development shall be sufficient
to inform Leetsdale Borough Council of the magnitude and complexity
of the proposed land development and to summarize potential environmental
impacts and community benefits which may be associated with the proposed
land development and shall include:
(1)
A description of the land on which development is
proposed.
(2)
A description of the uses served by the land prior
to the implementation of the proposed land development.
(3)
A description of the proposed land development, including
copies of any relevant documents relating thereto.
(4)
A summary of all potential environmental, ecological,
economic and/or social impacts and/or benefits which may be associated
with the proposed land development.
A.
Council shall evaluate, having consulted with the
Planning Commission, all information and data contained in any notice
of proposed land development submitted in accordance with this article
and make a determination of the potential environmental impacts and
community and regional benefits associated with the proposed land
development. Council shall disapprove a proposed land development
if it determines that such development will result in:
(1)
Nonconformity with the goals and objectives of relevant
state or federal statutes, provisions of relevant state or federal
statutes to the extent that the Borough is empowered to administer
and enforce the same, regulations, land use plans, policies, controls,
or relevant provisions of any municipal ordinance; or
(2)
A significant number of unacceptable adverse environmental
impacts, minimal community benefits, or any combination thereof.
B.
Council shall approve a proposed land development if it determines that such development is in the public interest and that it will result in minimal and acceptable environmental impacts on the Leetsdale community and surrounding region in relationship to, and in comparison with, the resulting community and regional benefits achieved thereby. If Council deems it necessary, Council may require that the land developer file an environmental report pursuant to § 265-40 hereof, which environmental report shall provide any additional data and information relevant to the potential environmental impacts and community and regional benefits which may be associated with the proposed land development.
An environmental report shall be prepared and
submitted to the Leetsdale Borough Council by any land developer who
has filed a notice of proposed land development with Council pursuant
to this article if Council determines that such additional information
as may be contained herein is necessary to properly evaluate all relevant
environmental impacts and benefits associated with the proposed land
development. Such environmental report shall be timely provided to
Leetsdale Borough Council consistent with the complexities and potential
environmental impacts of the proposed land development, but in no
event shall such environmental report be filed less than 90 days prior
to the intended initiation of the proposed land development.
A.
Content of environmental report. Any environmental
report submitted by a land developer pursuant to this section shall
provide all information needed by Leetsdale Borough Council to properly
identify, document, evaluate and weigh all environmental impacts and
community and regional benefits which may be associated with the proposed
land development pursuant to and in accordance with the goals and
objectives of this Part, and the laws and regulations of the Commonwealth
of Pennsylvania. The presentation of such data and information shall
be clear and concise and yet be of sufficient scope and detail and
include any such relevant information which will be necessary for
Council to determine the overall effects of the proposed land development
on environmental quality and on the health, safety and general welfare
of the Leetsdale community and the surrounding region. Although the
scope, detail and emphasis of the environmental report may vary depending
primarily upon the magnitude the complexity of the proposed land development,
such scope, detail and emphasis shall reflect consideration of and
be commensurate with the magnitude and complexity of the proposed
land development, and fully describe all factors relevant to environmental
quality, and the health, safety and welfare of the Leetsdale community
and surrounding region. The environmental report may identify, document,
describe, consider, and/or discuss each of the following factors with
respect to any potential environmental impacts or community benefits
which may be associated with the proposed land development:
(1)
The location and purpose of the proposed land development.
(2)
The identification of any alternative locations which
may also be suited for the proposed land development.
(3)
A schedule for the initiation, implementation, construction,
completion and operation of the proposed land development.
(4)
A detailed characterization and description of existing
environmental quality at the proposed location, and in the vicinity
of the proposed land development, as well as at any alternative locations
which may also be suited for the proposed land development. Such characterization
and description may include consideration of topography, soils, vegetation,
wildlife, geology, surface and groundwater hydrology, water quality,
flood and drainage problems, aquatic life, aesthetic factors, open
space and historical considerations, demography, existing and future
land use needs, community population projection, impact on community
economy, real estate values, services (including oil, water, gas,
electricity, sewage and sanitary services, schools, churches, hospitals
and fire and police protection, and transportation), traffic patterns,
meteorology, air quality and community noise levels.
(5)
An identification, characterization and discussion
of all environmental impacts and community benefits which may result
from the approval of the proposed land development, including impacts
associated with:
(a)
The construction, operation and maintenance
of any structure, components or facility which will result from the
land development.
(b)
The commitment of any natural resources resulting
from the proposed land development.
(c)
The extent to which the proposed land development
will narrow the range of future uses of land and/or present risks
to the health, safety, morals and general welfare of the Leetsdale
community.
(d)
The effects of the proposed land development
on property values in the Borough of Leetsdale.
(e)
Whether the proposed land development may interfere
with attaining or maintaining compliance with any relevant municipal,
state or federal laws, regulations and/or ordinances pertaining to
air pollution (including transportation control strategies contained
in the Pennsylvania Implementation Plan, adopted pursuant to relevant
provisions of the Clean Air Act, 42 U.S.C. § 1857 et seq.),
water pollution, noise pollution, erosion control, stream encroachment,
stormwater management [including compliance with the goals and objectives
of the Storm Water Management Act, Act of October 4, 1978, P.L. 864,
No. 167, §§ 1 et seq., 32 P.S. § 680. 1 et
seq. (Supp.)], natural hazards and land use planning.
(f)
The current need which now exists and/or the
future needs which may develop for the proposed land development within
Leetsdale Borough, as well as within Allegheny County and/or within
any neighboring political subdivisions, where relevant.
(6)
The identification and discussion of all measures
which may and/or will be taken in order to maximize the community
benefits associated with the proposed land development, while minimizing
associated adverse environmental impacts. Such discussion may consider
any relevant methods and/or measures which may be involved in the
planning, design or operation of any structure or facility associated
with any proposed land use, and may furthermore include a discussion
of all mitigating measures and pollution control technology which
may be implemented to minimize resulting adverse impacts.
(7)
The financial responsibility of the land developer
as it may reflect his ability to successfully undertake and complete
the proposed land development consistent with the maintenance of environmental
quality, and a documentation and description of any other land development
activities undertaken by the land developer which may be relevant
thereto.
(8)
A summary of the potential impacts which may be associated
with the proposed land development and a categorization and ranking
of the primary and alternative locations with respect to any such
environmental impacts.
(9)
A summary of the potential community benefits which
may be associated with the proposed land development and a categorization
and ranking of the primary and alternative locations with respect
to any such community benefits.
(10)
A comparison of all environmental impacts and
community benefits which may be associated with the proposed land
development as may be relevant to the needs and general welfare of
the Leetsdale community.
All books, research reports, correspondence
and other documents (including all municipal, state or federal permits),
including any documents which may provide data or information relevant
to Council's evaluation and assessment of the potential environmental
impacts and community benefits which may be associated with a proposed
land development, shall be properly referenced in any notice of proposed
land development or environmental report filed pursuant to this article.
Copies of all such relevant documents shall be made available to Council
at its request.
The Council of the Borough of Leetsdale may
reject any notice of proposed land development or environmental report
as incomplete, incompetent, or otherwise inadequate, where the data,
information, analysis, interpretations, or conclusions contained therein
are insufficient to allow Council to render a reasoned decision regarding
the potential environmental impacts and community benefits which may
be associated with any proposed land development or where any notice
of proposed land development or environmental report has otherwise
not been prepared or submitted in accordance with this article.
[Amended 10-9-1991 by Ord. No. 497]
Any land developer filing a notice of proposed land development or an environmental report pursuant to this article shall advance Leetsdale Borough any costs and expenses which may reasonably be expected to be incurred in the analysis and evaluation of any data and information contained in any such notice of proposed land development or environmental report. Such costs and expenses may include, but need not necessarily be limited to, costs incurred in retaining independent consultants to aid Council in such analysis, as well as costs and expenses incurred by Council in assessing the environmental impact or community benefits associated with the proposed land development, or in the publication and/or dissemination of any such assessment or determination made by Council in accordance with this article. Said costs, fees and expenses shall be determined in the manner provided in § 265-14B, Review fees, of this chapter.
The Council of the Borough of Leetsdale may,
as a condition to approval of any land development, impose any changes
or modifications in the design, planning, or implementation of any
proposed land development, including modifications at a later date
at the time for the granting of a building permit or other stage of
development in connection with the construction and operation of any
structures or facilities which may be located thereon; and further
restrict or limit such land development as may be necessary to reduce
or mitigate adverse environmental impacts associated with the proposed
land development.
[Amended 10-9-1991 by Ord. No. 497]
Where the Council of the Borough of Leetsdale
determines that it would be advantageous to hold one or more public
hearings regarding a proposed land development, particularly where
significant public interest and controversy exists as may be evidenced
by written comments filed with Council, and where additional input
from various sources may assist it in its decision with regard to
the proposed land development, Council may, in its discretion, hold
such a hearing or hearings upon public notice.
