A.
Preapplication conference. Prior to submitting a preliminary plan application, the applicant may present general information and data as described in § 210-12 to obtain a general review and to obtain information on the ordinance requirements. The preapplication conference is voluntary for a subdivision. The preapplication conference is mandatory for a land development.
C.
Filing of an application. Filing of a preliminary or
final plan application for a subdivision and/or a land development along with
the required exhibits shall strictly conform to the procedures and requirements
as set forth in this chapter.
(1)
Application form. An application for a subdivision and/or
land development shall be submitted upon the standard forms furnished by the
Borough and shall be completely filled out, including all required information,
exhibits and plans, and shall be accompanied by the required filing fee made
payable to the Borough of Monaca.
(2)
Application deadline. To be considered at the regular
meeting of the Borough Planning Commission, all applications shall be submitted
to the Borough Secretary at the Borough office, during normal office hours,
not later than 10 days prior to the regular monthly meeting of the Planning
Commission.
(3)
Officially received application. The Borough Secretary
shall consider as officially received only those applications that are completed,
signed, that have attached the correct number of copies of all the exhibits
and data as further specified by the provisions of this chapter and for which
the filing fee has been paid. Only an officially received application shall
be referred to the county, the applicable review agencies and to the Planning
Commission and the Borough Council. An incomplete application shall be rejected
and will be referred back to the applicant by written notice, identifying
what items are not complete and what required plans, data, exhibits and/or
fee shall be submitted prior to the application being designated as officially
received.
(4)
Number of exhibits and plans for Borough review.
(a)
All applications for a resubdivision or replatting and/or for a subdivision of three lots or less shall be accompanied by 14 copies (prints) of a final site plan/recording plat as well as the original recording plat as required under § 210-15 of this chapter.
(b)
All applications for a land development and/or for a
subdivision which involves more than three lots shall be accompanied by the
following number of exhibits and plans:
[2]
For final plan application, 14 full-scale copies (prints) of Exhibit Nos. 1 through 14 as applicable and as required in § 210-14 of this chapter. The original recording plat, if applicable, shall also be submitted. Also required are five half-size copies (prints) of the final site plan/recording plat, Exhibit No. 1.
(c)
Additional exhibits and plans or additional copies of
the exhibits and plans may be required after initial review of the application
due to the type of development proposed, the physical conditions of the site
or as required for review by additional review agencies.
(5)
Exhibits and plans for utilities, state, federal and
other authorities review. It shall be the responsibility of the applicant
to deliver the required exhibits and plans plus the correct number of copies
of said exhibits and plans to the appropriate utilities, state, federal and
other authorities.
D.
Application review.
(1)
Borough agency review.
(a)
After the Borough Secretary has officially received an
application for a preliminary or final plan, said application and the required
copies of exhibits and plans shall be submitted by the Borough to all or some
of the following for their review:
(b)
The above-noted agencies shall submit their reviews and
recommendations in writing to the Borough within 45 days of the application
being officially received. If said agencies fail to submit a written review
and recommendation within 45 days, it shall be deemed a consent thereto.
(2)
Utilities, state, federal and other authorities. It shall
be the responsibility of the applicant to obtain the required reviews, approvals
and/or permits from applicable utilities, state and federal agencies or other
authorities prior to final approval being granted by the Borough Council.
(3)
Borough Council's review. All applications officially
received, whether preliminary or final, shall be acted upon by the Borough
Council, who shall render its decision not later than 90 days following the
date of the next regular meeting of the Planning Commission following the
date when the application was officially received; or should the next regular
Planning Commission meeting occur more than 30 days following the date the
application was officially received, said ninety-day period shall be measured
from the 30th day following the date the application was officially received.
(4)
Extension of the review time limit. In order for the applicant to submit additional data, plans and exhibits to meet the requirements of this chapter and other applicable ordinances, the applicant may request in writing an extension of time. Said written request shall specify a specific time extension of the review time limit and specify the reasons for the request. If within the standard ninety-day review time limit, the applicant fails to provide the requested data, exhibits and plans and fails to request in writing an extension of the review time limit, the Borough Council may disapprove the application for failure to provide requested information. Said disapproval shall require the applicant to reapply as per the preliminary plan application procedure. (See § 210-13.)
E.
Waiver and modification requirements. Where it is found
that, because of unusual physical conditions at the proposed site, difficulties
may arise in complying with the rules and regulations; where it is proposed
to use special design features in the development, such as the use of earth-sheltered
housing, solar-collection or other energy-related design or cluster design
to preserve unique physical features or to preserve open space; where noise
barriers may or will be required; where flexibility, economy and unique design
requirements are proposed; where a subdivision of three lots or fewer or a
resubdivision is proposed; or where a regulation is not applicable to the
proposed subdivision and/or land development, the applicant may request in
writing that the rules and regulations be waived or modified. Such written
request shall be accompanied by statements explaining and justifying the waiver
or modification. This request shall be submitted with the application and
be reviewed with and in conjunction with the overall plan. The Borough Council
may grant a waiver or modification. In granting the waiver or modification
such will be considered the minimum waiver or modification that will afford
relief and will represent the least modification possible of the regulation
in issue. Such waiver or modification shall not nullify the interest and purpose
of the Borough General Development Plan,[2] this chapter or other ordinances of the Borough, nor shall it
affect the health, safety and welfare of the general public. The Borough Council
may attach and the applicant shall agree to conditions to the granting of
a waiver or modification. The reasons for granting the waiver or modification
shall be recorded in the Borough Council official records. Such waiver or
modification shall apply to only the specific application under consideration
and is not transferable to other plans, proposals or applications. Notwithstanding
the foregoing, in all cases involving matters pertaining to and regulated
by the provisions of the Zoning Ordinance,[3] the Zoning Hearing Board shall be the final authority.
F.
Public hearing. Before acting on an officially received
application, whether preliminary or final, the Borough Council and/or Planning
Commission may hold a public hearing within the required ninety-day review
period.
G.
Borough Council's decision. The decision of the
Borough Council shall be in writing and shall be communicated to the applicant
personally or mailed to the applicant at the last known address not later
than 15 days following the decision. When the plan, whether preliminary or
final, has not been approved, the decision shall specify the defects found
in the application and describe the requirements which have not been met and
shall, in each case, site the provision of the statute or ordinance relied
upon.
A.
Procedure. The applicant of a potential subdivision is
encouraged or a land developer is required under this section to file a request
for a preapplication conference on a form furnished by the Borough and to
present the required exhibits (information and plans) at said conference.
There may be a fee for this preapplication conference. The Planning Commission
shall review the exhibits and provide to the applicant, at said prearranged
conference, general information relative to the requirements of this chapter
and other Borough ordinances.
(1)
In reviewing the proposed subdivision or land development
consideration will be given to the requirements of the Borough's General
Development Plan, Zoning Ordinance[1] and other regulations of the Borough.
(2)
The Borough will also discuss possible utility, county,
state and federal agency reviews which may be necessary.
(3)
The Borough will also discuss with the applicant whether
the land is possibly within a floodplain, subject or susceptible to landslides,
subject to poor soil conditions or steep slope which may affect the proposed
development. The applicant will be referred to the appropriate utility, county,
state and/or federal agency for further information.
(4)
Every effort shall be made to generally inform the applicant
of regulations which may affect the proposed plans.
B.
Exhibits. The exhibits and data to be submitted with
the request for a preapplication conference include the following and shall
be prepared as specified on the request form:[2]
(1)
Exhibit No. 1: Proof of Proprietary Interest.
(2)
Exhibit No. 2: Existing Conditions.
(3)
Exhibit No. 3: General Proposed Master Plan.
[2]
Editor's Note: The exhibits are on file in the Borough offices.
A.
Procedure. The following application procedures and requirements for submitting preliminary plans shall apply to all subdivisions and all land developments. [NOTE: Applicant(s) may request a waiver of this section for resubdivisions or replatting or subdivisions of three lots or less. (See § 210-15 of this chapter.)]
(1)
Procedures for filing of preliminary plan applications shall be as per § 210-11 of this chapter.
(2)
Nature of preliminary approval.
(a)
Approval of a preliminary plan shall not constitute approval
of a final plan but rather an expression of the layout submitted on the preliminary
plan as a guide to the preparation of the final plan.
(b)
Granting a preliminary plan approval shall not qualify
a plan for recording nor authorize development or the issuing of any building
permit.
(c)
In the case where a subdivision and/or land development
is projected over a period of years, the Borough Council may approve the overall
preliminary plan and then may authorize submission of final plans by sections
or stages of development. Submission of final plans shall be subject to such
requirements or improvement guaranties that the Borough Council finds essential
for the protection of the overall plan of development.
(d)
All final plan applications and all exhibits required
for approval shall be submitted to the Borough within five years after approval
of the preliminary plan. Otherwise, the preliminary plan approval shall become
null and void. If necessary for staging of development, an extension of time
may be applied for and granted by the Borough Council.
(3)
Filing fee. At the time of submitting the application for preliminary plan review, the applicant shall pay to the Borough, for the use by the Borough, a filing fee to defray the cost of processing the preliminary plan documents. The fee shall be that required in accordance with the established Borough fee schedule. Said filing fee shall be a deposit only. For additional fees, see Article VII of this chapter.[1]
B.
Preliminary plan application requirements. The preliminary
plan application of subdivision and/or land development shall include the
following exhibits and data and said exhibits and data shall be prepared as
specified on the preliminary plan application form:
(1)
Proof of proprietary interest. Applicant shall submit
a certificate of title or other proof of proprietary interest in the land.
If none is provided, the Borough shall not consider the application officially
received until such submission is made.
(2)
Exhibits.[2] The application for a preliminary plan shall include, but not
be limited to, the following exhibits:
(a)
Exhibit No. 1: Location Map.
(b)
Exhibit No. 2: Existing Topography and Physical Features.
(c)
Exhibit No. 3: Existing Land Survey and Land Use.
(d)
Exhibit No. 4: Proposed Site Plan.
(e)
Exhibit No. 5: Proposed Grading Plan.
(f)
Exhibit No. 6: Proposed Soil Erosion and Sedimentation
Control Plan.
(g)
Exhibit No. 7: Proposed Stormwater Drainage and Underdrainage
Plan.
(h)
Exhibit No. 8: Proposed Circulation/Parking Plan.
(i)
Exhibit No. 9: Proposed Water Supply and Distribution
Plan.
(j)
Exhibit No. 10: Proposed Sanitary Sewage Collection and
Treatment Plan.
(k)
Exhibit No. 11: Proposed Underground Utilities Plan.
(l)
Exhibit No. 12: Proposed Recreational Site and Facilities.
(m)
Exhibit No. 13: Proposed Plan of Off-Site Improvements
and Facilities.
(n)
Exhibit No. 14: Preliminary Draft of Deed Restrictions
and/or Protective Covenants.
(o)
Exhibit No. 15: Preliminary Draft of the Declaration
Plan for a Condominium.
(p)
Exhibit No. 16: Preliminary Draft of the Owners'
Association, Including Membership, Bylaws and Management Plan.
(q)
Exhibit No. 17: Additional Information.
[2]
Editor's Note: The exhibits are on file in the Borough offices.
A.
Procedure. The following application procedure and requirements
for submitting final plans shall apply to all subdivisions and all land developments:
(1)
Procedures for submitting and filing of final plan applications shall be as per requirements of § 210-11 of this chapter.
(2)
Nature of final approval.
(a)
Upon receipt of the final plan application and all required
exhibits, the Borough shall refer such to the Planning Commission and the
Beaver County Planning Commission for their final review and, as applicable,
execution of the recording plan/plat.
(b)
The Borough Council may grant a conditional approval
of the final plan in order to enable the preparation and execution of the
required final documents.
(c)
Said final documents shall include, but not be limited
to, a developer's agreement and a performance/improvement guaranty.
(3)
Filing fee. At the time of submitting the application
for final plan review, the applicant shall pay to the Borough, for use by
the Borough, a filing fee to defray the cost of processing the final plan
documents. The fee shall be that required in accordance with the established
Borough fee schedule.[1] Said filing fee shall be a deposit only. For additional fees, see Article VII of this chapter.
B.
Final plan application requirements. The final plan application
of subdivision and land development shall include the following final exhibits
(information, permits, approvals and plans), and said exhibits shall be prepared
as specified on the final plan application form.
(1)
Proof of proprietary interest. A certificate of title
or other proof of proprietary interest in the land. If none is provided, the
Borough shall not consider the application officially received until such
submission is made.
(2)
Exhibits. The application for a final plan shall include,
but not be limited to, the following exhibits[2] (information, permits, approvals and plans):
(a)
Exhibit No. 1: Final Site Plan/Recording Plat.
(b)
Exhibit No. 2: Final/Approved Grading Plan and/or Permit.
(c)
Exhibit No. 3: Final/Approved Soil Erosion and Sedimentation
Control Plan and/or Permit.
(d)
Exhibit No. 4: Final/Approved Stormwater Drainage and
Underdrainage Plan and/or Permit.
(e)
Exhibit No. 5: Final/Approved Circulation/-Parking Plan,
Including Lighting Plan.
(f)
Exhibit No. 6: Final/Approved Water Supply/-Distribution
Plan.
(g)
Exhibit No. 7: Final/Approved Sanitary Sewer Collection
and Treatment Plan and/or Permit and/or Planning Module.
(h)
Exhibit No. 8: Final/Approved Underground Utility Plan
and/or Permit(s).
(i)
Exhibit No. 9: Final Plans for Recreation Site(s) and
Facilities.
(j)
Exhibit No. 10: Final Plans for Off-Site Improvements.
(k)
Exhibit No. 11: Final Draft of Deed Restrictions and/or
Protective Covenants.
(l)
Exhibit No. 12: Final Draft of Declaration Plan for a
Condominium.
(m)
Exhibit No. 13: Final Draft of Owners' Association
Plan.
(n)
Exhibit No. 14: Other Plans and Exhibits Required by
the Borough.
[2]
Editor's Note: The exhibits are on file in the Borough offices.
A.
Procedure. The Borough Council may waive some or all of the requirements of §§ 210-13 and 210-11 for resubdividing, replatting or when subdividing where such involves three lots or less and where such requires no additional streets or street openings upon application of the applicant for waiver of said requirements. In the case where a waiver is granted, an application for a subdivision of three lots or less or for a resubdivision shall be filed with the Borough along with the exhibits required under this section and shall be processed according to procedure established under § 210-11.
B.
Exhibits. Plat/plans approved for processing under the
provisions of this section shall include but not be limited to the following
information:
(1)
A certificate of title or other proof of proprietary
interest in the land. If none is provided, the Borough need not consider the
request for a review until such submission is made.
(2)
A final site plan/recording plat as per the final plan application, Exhibit No. 1, requirements of this chapter. (See § 210-14.) [NOTE: If the recording plat is no larger than 8 1/2 inches by 11 inches, drawn at a scale of not less than 100 feet to one inch and involving no dedication of roads, streets or public facilities, said plat may be submitted without the required certificates, affidavits and endorsements. The Borough shall prepare a resolution of approval signed by the applicant and thus recorded by the Borough through the Beaver County Recorder of Deeds office.]
(3)
Any other data requested by the Planning Commission or
Borough Council.
