Approval in accordance with this chapter shall
be required for:
A.
Any subdivision, as defined by this chapter, including
the resubdivision or replatting of previously recorded lots or lot
line adjustments for previously recorded lots;
B.
Any other land development, as defined by this chapter, other than those excluded by § 201-9 of this chapter;
C.
The consolidation, as defined by this chapter, of
two or more lots, tracts or parcels of land for the purpose of one
development; and
D.
Any proposal by a developer to construct a street
or any other public improvement to be dedicated to the Municipality
for public use.
A.
No lot in a subdivision or land development may be
leased, transferred or sold and no permit to erect, alter, repair
or occupy any building or use any land in any subdivision or land
development may be issued unless and until such subdivision or land
development shall have been approved and properly recorded and until
such public and/or private improvements as required by this chapter
shall have been constructed or guaranteed as provided for by this
chapter.
B.
The description by metes and bounds in an instrument
of transfer or other documents used for selling or transferring property
shall not exempt the seller or transferor from complying with the
requirements of this chapter.
A.
In addition to complying with the provisions of this
chapter, all subdivisions and land developments within the Municipality
shall comply with all applicable Murrysville ordinances as amended
or adopted from time to time.
B.
Compliance with applicable Murrysville, county, state
or federal regulations shall be a requirement for any approval under
the provisions of this chapter.
C.
Any violation of applicable municipal, county, state
or federal regulations or permits shall be deemed a violation of this
chapter and shall be subject to enforcement procedures authorized
by this chapter.
The following types of land developments, as
defined herein, are hereby excluded from the provisions of this chapter
governing land developments:
A.
The conversion of an existing single-family dwelling
or two-family dwelling into not more than three residential dwelling
units, unless such units are intended to be a condominium;
B.
The addition of any accessory building or structure
on a lot or lots subordinate to any existing residential principal
building;
C.
The construction of alteration of farm buildings;
D.
Any change of use of an existing structure that results
in a maintenance or reduction of existing density, required parking
or traffic generation and which does not require a conditional use;
or
E.
The addition of a commercial accessory building less
than or equal to 1,000 square feet wherein such structure exceeding
1,000 square feet shall be considered a principal structure by this
chapter.
F.
An abbreviated approval process may be used in accordance
with this article.
A.
Administrative approvals shall include the following:
(1)
A lot (lots) consolidation (reverse subdivision);
(2)
A subdivision involving a lot line change between
two existing lots that will result in only two lots, where all lots
lie within the same zoning district, where resulting lots conform
to Zoning Ordinance requirements in terms of minimum lot size and
setbacks, and where the size of no lot increases or decreases by more
than the minimum lot size of the respective zoning district in which
it is situated; or
(3)
The final subdivision of dwelling unit lots relating
to a condominium arrangement, the finalization of which relies upon
as-built surveys and results in no material change. The disposition
of the final plan, in those instances, will be reviewed and approved
by the Director of Community Development, in consultation with the
Municipal Engineer, upon conformance with this and other municipal
ordinances. Each newly formed lot must conform to the bulk and area
requirements of the zoning district in which it is situated.
B.
The aforementioned plans and associated exemptions
shall not apply to any plans proposing an alteration, modification,
or creation of a right-of-way for use as a public or private street.
C.
The Director of Community Development, in consultation
with the Municipal Engineer, shall review the submitted plan and verify
both conformance with municipal ordinances and application requirements
outlined herein.
D.
Upon acceptance of the application, the Community Development Director shall forward a copy of the plat to the Planning Commission Chair and the Council President along with a recommendation. In the event that the either party offers, in writing, a formal objection to the approval with reasons stated within seven days of notification, the plan shall be reviewed at the next regularly scheduled Planning Commission meeting and forwarded to Council for a final approval in accordance with Article IV.
E.
In addition to the signatures of the Community Development Director and Municipal Engineer, the signatures of the Planning Commission Chair and Council President shall be affixed to the plat prior to release for recording. The final approval date of the plan shall be the date by which all signatures have been affixed. The timelines associated with the approval and post-approval process shall be in accordance with those required by the Municipalities Planning Code and otherwise required by this chapter, per Article IV.
A.
Subdivision plats involving lot line revisions, which otherwise meet the provisions of § 201-10, and involving a change of area greater than the minimum lot size of that respective district, shall be subject to this section.
B.
Upon a finding of conformance, the Director of Community Development shall, by written notice, notify all members of the Planning Commission that approval is recommended. If no objection is received, the application shall be forwarded to Council, with a recommendation of approval. If any member of the Planning Commission challenges, in writing within seven days of being notified, the application shall be scheduled for review at the next regularly scheduled Planning Commission meeting when executive reviews are held. Thereafter, it shall be disposed of in accordance with Article IV.
Plans and data involving minor subdivisions
of five lots and minor subdivisions which may be processed through
the administrative or abbreviated approval process shall include but
not be limited to the following:
A.
Twelve copies of the plat shall be submitted along with the fee as required by Chapter 112 of the Murrysville Code along with three copies of all applications and required reports. The Director of Community Development may waive the number of copies required for administrative approvals.
C.
The proposed plan shall be drawn at a scale of one
inch equals 100 feet or greater, though not less than one inch equals
100 feet.
D.
The proposed plan shall be legibly drawn on linen
or comparable permanent material of a size not to exceed 24 by 36
inches.
E.
The plan shall show or be accompanied by the following:
(1)
A description of covenants.
(2)
The title, to include:
(a)
The location, by municipality, county and state.
(b)
The names and addresses of the owner or owners.
(c)
The name of the registered engineer or surveyor
who surveyed the property and/or prepared the plan, with signature
and seal of the same.
(d)
The North point, date and graphic scale.
(e)
Certification and signature blocks for approving
agencies.
(3)
The proposed use of the land.
(4)
Lot lines, dimensions and land area of the proposed
lot and also the area remaining in the original parcel.
(5)
Existing and proposed streets, alleys and/or easements
on or adjacent to the tract.
(6)
Available utilities (if public sewer and water source
and sewage disposal system should be indicated).
(7)
The names of abutting property owners.
(8)
Subsurface and surface drainage conditions of the
tract and stream delineation and a statement of the expected effects
thereof upon contiguous adjacent or nearby property owners should
passage of the subdivision take place.
(9)
Such other data as the Planning Commission may request
that is pertinent to the plan, having reference to the magnitude thereof.
A.
Administrative approvals shall include the following
for minor land development plans. The following shall only apply for
those applications submitted more than one calendar year after the
date on which the initial occupancy certificate was issued by the
Municipality where said occupancy directly followed Council approval
of a site plan for land development on the respective lot or lots:
(1)
Additions that are 1,000 square feet or less than
or equal to 10% of the principal structure shown on the most recent
site plan approved by Council, whichever is less. Where no such plan
has been approved, said addition shall be limited to one administrative
approval;
(2)
Accessory buildings not expressly exempt from site
plan or land development requirements that are equal to or less than
10% of the principal structure, not excepting instances where additional
accessory buildings were constructed or exist that were not approved
by Council through a standard approval process.
(3)
Expansion of parking that is 10% or less than the
parking approved through the last site plan approved by Council where
no change is proposed in terms of site access and circulation. Where
no site plan was previously approved, expansion of parking as an administrative
approval is limited to one such approval.
(4)
Revisions to the landscaping or lighting plan approved
by Council.
B.
Upon acceptance of the application, the Community Development Director shall forward a copy of the plat to the Planning Commission Chair and the Council President along with a recommendation. In the event that either party offers, in writing, a formal objection to the approval with reasons stated with seven days of notification, the plan shall be reviewed at the next regularly scheduled Planning Commission meeting and forwarded to Council for a final approval in accordance with Article IV.
C.
In addition to the signatures of the Community Development
Director and Municipal Engineer, the signatures of the Planning Commission
Chair and Council President shall be affixed to the site plan prior
to release for recording. The final approval date of the plan shall
be the date by which all signatures have been affixed. The timelines
associated with the approval and post-approval process shall be in
accordance with those required by the Municipalities Planning Code
and otherwise required by this chapter.
A.
Any land development otherwise eligible for an administrative
approval which is submitted prior to the date in which the initial
occupancy certificate was issued by the Municipality, in cases where
said occupancy directly followed the most recent Council approval
of a site plan for land development on the respective lot, shall be
processed through the abbreviated approval process as a site plan
revision.
B.
Upon a finding of conformance, the Director of Community Development shall, by written notice, notify all members of the Planning Commission that approval is recommended. If no objection is received, the application shall be forwarded to Council, with a recommendation of approval. If any member of the Planning Commission challenges in writing within seven days of being notified, the application shall be scheduled for review at the next regularly scheduled Planning Commission meeting when executive reviews are held. Thereafter, it shall be disposed of in accordance with Article V.
The following shall constitute application requirements
for minor site plans, including administrative and abbreviated approvals
as defined above.
A.
Twelve copies of the plat shall be submitted along with the fee as required by Chapter 112 of the Murrysville Code and three copies of all required applications and reports.
C.
A signed copy of the approved site plan as signed
and approved by the Planning Commission and Council shall accompany
the application.
D.
The proposed plan shall be drawn at a scale of one
inch equals 100 feet or greater, though not less than one inch equals
100 feet.
E.
The proposed plan shall be legibly drawn on linen
or comparable permanent material of a size not to exceed 24 by 36
inches, and eight copies shall be submitted to the Commission.
F.
The plan shall show or be accompanied by the following:
(1)
A graphic description showing existing conditions
and proposed amendments to the plan.
(2)
A title block that includes:
(a)
The location, by municipality, county and state.
(b)
The names and addresses of the owner or owners.
(c)
The name of the registered engineer or surveyor
who surveyed the property and/or prepared the plan, with signature
and seal of the same.
(d)
The North point, date and graphic scale.
(e)
Certification and signature blocks for approving
agencies.
(f)
The proposed use of the land.
(g)
Lot lines, dimensions and land area of the building,
parking and landscape areas.
(h)
Existing and proposed buildings, parking areas,
landscaping, signs and driveways.
(i)
The names of abutting property owners.
(j)
Subsurface and surface drainage conditions of
the site; stormwater management plan and certification that the runoff
of the proposed improvement can be accommodated by the existing stormwater
management facilities.
(k)
Existing and proposed planting plans that include
plant size and species, including tabulations demonstrating compliance
with the Zoning Ordinance in regard to required numbers of high-level
and low-level plantings.
(l)
Such other data as the Director of Community
Development may request that is pertinent to the plan.
Financial guarantees in the form of amenities
bonds, as otherwise required by this chapter for major subdivisions
and land developments, shall apply to all minor plans approved subject
to this article.