This article shall apply to all major land developments.
A.
Prior to filing an application for preliminary approval
of a land development, the applicant or his representative shall meet
with the Director of Community Development and other municipal officials
to obtain application forms and to discuss application procedures
and applicable ordinance requirements.
B.
In addition, the developer may request a preapplication
conference with the Planning Commission to discuss the conceptual
design for the development of the property and the feasibility and
timing of the application. The applicant shall contact the Director
of Community Development at least 10 calendar days prior to the regular
meeting of the Planning Commission to request a preapplication conference
with the Planning Commission.
C.
The preapplication conference with the Planning Commission
is voluntary and no formal application or fee is required. This opportunity
is afforded to the developer to obtain information and guidance before
entering into binding commitments or incurring substantial expenses
for plan preparation.
D.
While no formal application is required for a preapplication
conference, the applicant should provide one copy of readily available
information with the request for a preapplication conference which
will show the location of the property and any special features such
as streams, floodplains or other conditions that may affect the development
of the property. Readily available resources which may be used include:
the deed for the property; a property survey; the Tax Maps prepared
by the Westmoreland County Assessor's Office; U.S.G.S. Quadrangle
Map showing natural features and topography; the National Flood Insurance
Administration (NFIA) Flood Hazard Boundary Maps; Natural Resources
Conservation Service Maps of soil types; and the U.S. Bureau of Mines
coal mine maps.
E.
A preapplication conference shall not constitute formal
filing of any application for approval of a land development, shall
not bind the Planning Commission to approve any concept presented
in the preapplication conference, and shall not protect the application
from any subsequent changes in ordinance provisions which may affect
the proposed development between the date of the preapplication conference
and the official date of filing of an application for preliminary
approval of a land development under the terms of this chapter.
A.
The applicant shall submit 14 copies of an application
for preliminary approval of a major land development required by this
chapter to the Director of Community Development at least 28 calendar
days prior to the regular meeting of the Planning Commission. If the
28th day falls on a holiday, the application shall be filed by the
close of business on the immediately preceding working day.
A.
An applicant may submit for a preliminary and final
application simultaneously, where no phases are proposed, given the
following standards and conditions:
(1)
The applicant shall submit all materials required
under each application's content, including final as opposed to preliminary
reports. The Planning Commission and Director of Community Development
shall evaluate the completeness of the application based upon the
submission of all required items. The acceptance of rejection, approval,
or denial of the application shall be as a whole, wherein neither
preliminary or final may be separately accepted or acted upon.
(2)
All post-approval requirements, deadlines, and processes
shall be governed by that noted under this article regarding final
application approval for a land development.
B.
An applicant may submit for a preliminary and final
application simultaneously, where phases are proposed and the final
application requests approval of the first proposed phase, given the
following standards and conditions.
The application for preliminary approval of
a land development shall be submitted in accordance with this chapter
and shall include the following information:
A.
Fourteen copies of the completed application form
supplied by the Municipality of Murrysville;
C.
Proof of proprietary interest.
D.
Written evidence of compliance with all other municipal,
county, state or federal permits required for the plan, if any.
E.
If the proposed use is a conditional use, an application
for approval of the conditional use or use by special exception shall
accompany the application for preliminary approval of the land development.
Preliminary approval of the land development shall not be granted
unless the conditional use or use by special exception is approved
prior to or concurrent with the preliminary land development plan.
G.
Preliminary environmental and community impact study.
An environmental impact study shall be prepared and submitted with
the application. The environmental impact study shall describe, identify
and analyze all environmental aspects of the site and of neighboring
properties that may be affected by the proposed operations or the
ultimate use proposed to be conducted on the site. The limits of the
impact area to be studied shall be reviewed and approved by the Planning
Commission. The environmental impact study shall include, but not
be limited to, all critical impact areas on or off site that may be
impacted by the proposed or ultimate use of the facility, including
the impact on the critical areas, the protective measures and procedures
to protect the critical areas from damage, and the actions to be taken
to minimize environmental damage to the critical areas on the site
and surrounding areas during and after completion of the operation.
Critical impact areas include, but are not limited to, stream corridors,
streams, wetlands, slopes in excess of 25%, Class I agricultural lands,
highly acidic or erodible soils, carbonate or highly fractured bedrock,
aquifer recharge and discharge areas, areas of unique or protected
vegetation, wildlife habitat, and areas of historic, cultural and/or
archaeological significance. Additionally, the applicant shall submit
a preliminary statement concerning the general impact on schools,
recreation, transportation, police, and other municipal services in
consideration of projected demographics and property assessments
H.
Wherever any public improvements are proposed and
where evidence exists of deep mining, strip mining, landslide-prone
soils or other geologic hazards on the site, a geologic report by
a qualified registered professional engineer acceptable to the Municipality
regarding soil and subsurface conditions and the probable measures
needed to be considered in the design of the development, the location
of structures and the design of foundations, if any.
I.
A wetlands determination report for all sites which
have hydric soils or soils with hydric inclusions and, if applicable,
a wetlands delineation report for all jurisdictional wetlands on the
site and the design techniques proposed to accommodate them.
J.
Written evidence on the plan or in letter form indicating whether the applicant is proposing to dedicate land, where required by § 201-77 of this chapter, or pay a fee-in-lieu of said land.
K.
A preliminary grading plan with proposed contours shown at two-foot vertical intervals and written or graphic evidence that the overall plan design is feasible in light of municipal grading standards as required by Chapter 124 of the Murrysville Code.
L.
A written statement identifying any zoning variances
which will be needed or which have been granted to the property by
the Zoning Hearing Board.
M.
Plans of proposed stormwater systems showing feasible
connections to existing or any proposed utility systems and the related
feasibility of the overall site design.
N.
All stormwater facility plans shall be accompanied
by a separate sketch showing all existing drainage within 500 feet
of any boundary, and all areas and any other surface area contributing
to the calculations, and showing methods to be used in the drainage
calculations.
O.
If applicable, a detailed proposal, including covenants,
agreements, or other specific documents, showing the ownership and
method of assuring perpetual maintenance to be applied to those areas
which are to be used for recreational or other common purposes.
P.
A preliminary soil erosion and sedimentation control plan prepared by a person trained and experienced in control methods and techniques which conforms to the requirements of the Pennsylvania Clean Streams Law and Ordinance 102 of the Rules and Regulations of the Pennsylvania Department of Environmental Protection governing erosion control and Chapter 197 of the Murrysville Code, outlining the general program of compliance with said chapter in a form acceptable to the Municipal Engineer.
Q.
Fourteen copies of a preliminary plan, accurately
drawn to a scale of not less than one inch equals 50 feet on a survey
prepared and sealed by a Pennsylvania-registered land surveyor. The
preliminary plan shall include or be accompanied by the following
information, which shall differentiate between existing and proposed
conditions and shall be prepared and sealed by a registered professional
engineer or registered professional land surveyor:
(1)
Date of preparation. All revisions shall be noted
and dated.
(2)
A location map showing the location of the tract with
reference to the surrounding properties, existing streets and streams
within 1,000 feet of the land development.
(3)
Name of the development, including the words "Preliminary
Land Development Plan;" North arrow; graphic scale; county assessment
map and parcel number; the name and address of the record owner; the
name and address of the applicant; the name and address, signature,
license number and seal of the Pennsylvania-registered land surveyor
preparing the survey. If the owner of the premises is a corporation,
the name and address of the Chairman and all other officers shall
be submitted on the application.
(4)
Spaces for the signature of the Chairman and Secretary
of the Planning Commission; the Chairman of Council and Chief Administrator;
and dates of approval.
(5)
All distances shall be in feet and 0.01 of a foot
and all bearings shall be given to the nearest one second.
(6)
The zoning district in which the parcel is located,
together with the zoning classification of properties within 200 feet
of the boundaries of the property for which the application is made.
(7)
Property survey showing survey data, including boundaries
of the property, building or setback lines and lines of existing and
proposed streets, lots, reservations, easements and areas dedicated
to public use, including grants, restrictions and rights-of-way, to
be prepared by a licensed land surveyor. The name, address, signature
and seal of the surveyor shall be indicated.
(8)
The distance, measured along the right-of-way lines
of existing streets abutting the property, to the nearest intersections
with other public streets within 200 feet of the site boundaries.
(9)
The location and dimensions of proposed buildings
and structures, all accessory structures and fences, if any, including
front, side and rear yard setbacks, height of buildings, first floor
elevations of all structures, and floor plans and elevation plans
of each building.
(10)
If applicable, flood hazard zone boundaries,
as identified on the current Official Map for the Municipality issued
by the Federal Insurance Administration.
(11)
Existing contours shall be shown at not more
than five-foot intervals where the slope is greater than 10% and at
not more than two feet where the slope is less than 10%. Contours
shall not be plotted from the MPC Quadrangle Maps.
(12)
Location of existing rock outcrops, high points,
watercourses, depressions, ponds, marshes, wooded areas and other
significant existing features, including previous flood elevations
of watercourses, ponds and marsh areas as determined by field survey.
(13)
A slope map showing the location and the area
(in square feet) of land which has a slope of 25% or greater and land
40% or greater.
(14)
Certification by a registered professional geotechnical
engineer regarding the feasibility of any proposed grading on slopes
greater than 25%, the stability of the finished slopes, measures to
mitigate landslides, soil erosion, sedimentation, stormwater runoff
and potential impacts on adjacent properties.
(15)
Any and all existing streets related to the
proposed development, including the names, cartway widths, approximate
gradients and sidewalk widths.
(16)
If any new streets are proposed, profiles indicating
grading; cross sections showing the width and design of roadways and
sidewalks.
(17)
Area, to the nearest thousandth of an acre,
of the site to be developed for nonresidential purposes and/or the
area, in square feet, of each lot to be developed for residential
purposes.
(18)
The location and size of all existing sanitary
sewers and the location and size of all proposed sanitary sewers.
(19)
The location and size of all existing and proposed
waterlines, valves and hydrants.
(20)
The location, width and purpose of all existing
and proposed easements and rights-of-way.
(21)
The location, type and approximate size of existing
utilities to serve the development and written verification from each
utility that service will be provided to the development.
(22)
The number and density of dwelling units (if
residential).
(23)
All means of vehicular access for ingress and
egress to and from the site onto public streets, showing the size
and location of internal streets or driveways and curb cuts, including
the organization of traffic channels, acceleration and deceleration
lanes, additional width and any other improvements on the site or
along the site's street frontage necessary to prevent a difficult
traffic situation. All pedestrian walkways and provisions for handicapped
facilities in compliance with the requirements of the Americans with
Disabilities Act (ADA) for an accessible site shall also be shown.
(24)
Computation of the number of parking spaces
to be provided, the location and design of off-street parking areas
and loading areas, showing size and location of bays, aisles and barriers
and the proposed direction of movement.
(25)
Tabulation of site data, indicating zoning requirements
applicable to the site and whether the proposed site development features
comply.
(26)
Proposed screening and landscaping, including
a preliminary planting plan.
(27)
The methods, placement and screening of solid
waste disposal and storage facilities.
R.
Written or graphic evidence that all public and/or
private improvements will comply with the design standards of this
chapter and the infrastructure improvement and development specifications.
S.
If the plan is to be completed in phases, the proposed
sequence of development with projected time schedule for completion
of each of the several phases.
T.
If applicable, a notation on the plat that access
to a state highway shall only be authorized by a highway occupancy
permit issued by the Pennsylvania Department of Transportation under
Section 420 of the State Highway Law (P.L. 1242, No. 428 of June 1,
1945) and that the approvals of the Planning Commission and Council
are conditional, subject to action by the Pennsylvania Department
of Transportation pursuant to application for a highway occupancy
permit.
A.
Where an application is filed in a timely manner, as specified in § 201-45, the Director of Community Development shall consult with the Planning Commission at the next public meeting of the Commission concerning the status of the application. The Commission shall accept or reject the application based upon the requirements of § 201-47 as complete in content and properly filed. The Director of Community Development shall issue a letter to the applicant within seven days of said meeting detailing the basis for acceptance or rejection and citing applicable sections of this chapter. The date of the Planning Commission meeting at which the preliminary application is accepted as complete and properly filed shall be the official date of filing of the application and shall represent the beginning of the sixty-day period for Planning Commission review and recommendation on the application, unless the applicant agrees, in writing, to an extension of time.
B.
Upon acceptance of the application material as properly
filed, the Director of Community Development shall forward copies,
one copy to the Municipal Engineer, one copy to the Franklin Township
Municipal Sanitary Authority, one copy to the Murrysville Municipal
Parks and Recreation Commission, one copy to the Environmental Advisory
Council and one copy to Westmoreland County Planning Department. The
municipal boards and commissions shall submit their recommendation
to the Planning Commission within 20 days of their receipt of the
proposed preliminary plat. During the sixty-day review period, the
Municipal Engineer shall provide preliminary review comments to the
Planning Commission and the applicant.
C.
Within 60 days of the official date of filing of the
preliminary application, the Planning Commission shall recommend either
approval, approval with conditions or disapproval of the preliminary
application at a public meeting. In the case of a recommendation for
disapproval, the Planning Commission recommendation shall cite the
specific requirements of this chapter which have not been met.
A.
The Municipal Engineer shall present a written report
to Council which states whether an application complies with the requirements
of this chapter and that report shall be included in the minutes of
the Council meeting.
B.
Within 90 days of the official date of filing of the
preliminary application, Council shall either approve, approve with
conditions or disapprove the preliminary application at a public meeting.
Council shall not act until the review has been received from the
Westmoreland Planning Commission or until 30 days has passed since
the date that the application was submitted to the County for review.
The recommendation of the Murrysville Planning Commission and the
report of the Westmoreland County Planning Commission, if any, shall
be made a part of the record at that meeting.
C.
A letter indicating approval, approval with conditions
or disapproval shall be sent to the applicant by regular mail within
15 days of the date of the decision by Council. If the preliminary
application is not approved, Council shall specify the defects found
in the preliminary application and cite the requirements of this chapter
which have not been met.
If Council determines that certain conditions are warranted to be attached to preliminary approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by § 201-49 of this chapter. The applicant shall accept or reject the conditions attached to preliminary approval by giving written notice to the Director of Community Development within 30 days of the date of the meeting of Council at which preliminary approval is granted. If the applicant rejects any of the conditions or if the applicant fails to give written notice to the Director of Community Development regarding acceptance or rejection of the conditions attached to preliminary approval within the required 30 days, preliminary approval shall automatically be rescinded without written notice to the applicant.
Failure of Council to render a decision and
communicate it to the applicant within the time and in the manner
prescribed by this chapter shall be deemed an approval of the application
in the terms as presented, unless the applicant has agreed in writing
to an extension of time or change in the prescribed manner of presentation
of communication of the decision, in which case, failure to meet the
extended time or change in manner of presentation of communication
shall have like effect.
In the case of a phased development calling
for the installation of improvements beyond a five-year period, a
schedule shall be filed by the applicant with the preliminary application
delineating all proposed phases, as well as time deadlines by which
applications for final plat approval of each phase are intended to
be filed. Such schedule shall be updated annually by the applicant
on or before the anniversary of preliminary approval until final plat
approval of the final phase has been granted. Any modification in
the aforesaid schedule shall be subject to approval by Council in
its sole discretion. Phased development shall be subject to the time
protection provisions of Section 508(4) of the Pennsylvania Municipalities
Planning Code (Act 247 of 1968, as amended).
A.
The applicant shall submit 14 copies of the application for final approval required by § 201-46 to the Director of Community Development at least 28 calendar days prior to the regular meeting of the Planning Commission. If the 28th day falls on a holiday, the application shall be filed by the close of business on the immediately preceding working day.
All applications for final approval of a land
development shall include the following:
A.
Fourteen copies of the completed application form
supplied by the Municipality;
B.
Application filing fee, as required by ordinance;
C.
One copy of the approved preliminary plan;
D.
Fourteen copies of a final plat drawn at a scale of
not less than one inch equals 100 feet. The final plat shall show
or be accompanied by the following information and shall be prepared
and sealed by a Pennsylvania-registered land surveyor or engineer:
(1)
Date, name and location of the land development, the
name of the owner, graphic scale and the words "Final Land Development
Plan."
(2)
Tract boundary lines; right-of-way lines of streets,
street names, easements and other rights-of-way; land reserved or
dedicated to public use; all lot lines and other boundary lines, with
accurate dimensions, bearing or deflection angles, and radii, arcs
and central angles of curves; and the area of each lot.
(3)
The names, exact location and widths of all existing
and recorded streets intersecting or paralleling the plot boundaries
within a distance of 200 feet or the next nearest intersection.
(4)
The purpose, location and dimensions of any easement
or land reserved for or dedicated to public use shall be designated.
(5)
Lot and block numbers assigned to the property by
the County Assessment Office, including lot and block numbers of immediately
abutting property.
(6)
Certification by the applicant's surveyor as to accuracy
of details of plan. The error of closure shall not be less than one
in 15,000.
(7)
Dates of preparation and dates of all revisions to
the plan.
(8)
Name, address, signature and seal of the professional
or professionals who prepared the plans, including the following mandatory
requirements:
(a)
Registered engineer for stormwater management
plans and construction drawings for public and private improvements.
(b)
Registered land surveyor shall prepare property
survey.
(c)
A registered architect may prepare building
drawings only.
(d)
In lieu of a registered engineer or registered
land surveyor, a registered landscape architect may prepare grading
or landscaping plans only.
(9)
Spaces for signatures of the Chairman and Secretary
of Council, the Chairman and Secretary of the Planning Commission,
and dates of approval.
(11)
A design view of the front, side and rear elevations
of the proposed structures.
(12)
Location, height and use of all existing and
proposed structures on the property, indicating structures to be removed,
if any, and the distances between proposed structures or additions
to existing structures and adjacent property lines.
(13)
A site lighting plan showing details of all
exterior lighting fixtures and supports, the location of exterior
lighting fixtures proposed to light the buildings, parking areas,
sidewalks and any other areas proposed for public use and showing
compliance with applicable Zoning Ordinance regulations.
(14)
Layout and design of proposed parking and loading
areas, including the gradient of proposed driveways and parking facilities
and the proposed pattern of traffic circulation on the site, including
pavement markings, islands, curbs, bumper guards and similar facilities.
(15)
A final landscaping plan showing the type, size
and location of any plant material proposed and all areas proposed
to be seeded and the parties responsible for future maintenance. The
plan shall include tabulations for landscaping consistent with the
Zoning Ordinance and the standards of this chapter
(16)
Sidewalks or walkways, if any, proposed for
pedestrian circulation on the site.
(17)
The type of paving material to be used for all
sidewalks, walkways, driveways and parking facilities.
(18)
Construction materials of all fences, walls
or screens.
(19)
If applicable, a notation on the plat that access
to a state highway shall only be authorized by a highway occupancy
permit issued by the Pennsylvania Department of Transportation under
Section 420 of the State Highway Law (P.L. 1242, No. 428 of June 1,
1945) and that the approvals by the Murrysville Planning Commission
and Council are conditional, subject to action of the Pennsylvania
Department of Transportation pursuant to an application for a highway
occupancy permit.
E.
A final grading plan, demonstrating compliance with Chapter 124 of the Code of Ordinances of the Municipality (Grading and Excavating), including erosion and sedimentation control measures.
G.
Letter of recommendation or comments from the Environmental
Advisory Council, Parks and Recreation Board and Franklin Township
Sanitary Authority, or evidence that plans were submitted to the aforementioned
boards at least 20 days in advance of the application submission.
H.
Soil erosion and sedimentation control plan and narrative.
I.
If applicable, an NPDES permit obtained from the Westmoreland
County Conservation District or the Pennsylvania Department of Environmental
Protection.
J.
Evidence of required permits from applicable federal,
state and county agencies.
K.
Certification of service from all applicable utility
companies.
L.
Storm drainage plan, including location, pipe size,
grade, direction of flow, capacity and material of all storm sewers
and connections to existing systems; location and invert and other
elevations of all catch basins, manholes, culverts and other appurtenances;
location and width of all storm drainage easements; and location of
surface swales, if any.
M.
Plans showing compliance with recommendations of soils
report, wetlands delineation report or geotechnical engineer's report,
if applicable.
N.
Written evidence that an amenities bond for private improvements, as required by § 201-14 of this chapter, will be submitted at the time of execution of the development agreement.
O.
If any public improvements are proposed, written evidence that a performance bond, as required by § 201-13 of this chapter, will be submitted at the time of execution of the development agreement.
P.
Final environmental impact study. An environmental impact study,
specific to the phase submitted, shall be prepared and submitted with
the application. The environmental impact study shall describe, identify
and analyze all environmental aspects of the site and of neighboring
properties that may be affected by the proposed operations or the
ultimate use proposed to be conducted on the site. The limits of the
impact area to be studied shall be reviewed by the Municipal Engineer
and the Environmental Advisory Council and approved by Council. The
environmental impact study shall include, but not be limited to, all
critical impact areas on or off site that may be impacted by the proposed
or ultimate use of the facility, including the impact on the critical
areas, the protective measures and procedures to protect the critical
areas from damage, and the actions to be taken to minimize environmental
damage to the critical areas on the site and surrounding areas during
and after completion of the operation. Critical impact areas include,
but are not limited to, stream corridors, streams, wetlands, slopes
in excess of 25%, Class I agricultural lands, highly acidic or erodible
soils, carbonate or highly fractured bedrock, aquifer recharge and
discharge areas, areas of unique or protected vegetation, wildlife
habitat, and areas of historic, cultural and/or archaeological significance.
[Amended 5-17-2017 by Ord. No.
955-16]
Q.
Air quality study. An air quality study shall be prepared
by experts acceptable to the Municipality and submitted with the application
that shall include an analysis of the existing and predicted air quality
levels, including smoke, odors, fumes, dust and pollutants, at the
site. This report shall contain the sources of the information, the
data and background tests that were conducted and the conclusions
and recommendations of the professionals preparing the report that
would be required to maintain the air quality at a level equal to
or better than the existing background level prior to the proposed
use; or the applicant/developer shall submit a statement prepared
by his engineer warranting that the nature of the use will produce
no impact on air quality.
R.
Acoustics study. An acoustics study shall be prepared
and submitted with the application. The study shall be prepared by
an acoustics expert(s) acceptable to the Municipality. The study shall
identify the existing background level of noise and the anticipated
noise impact from the proposed use. The report shall contain measures
of existing ambient measurements, estimates of the noise measurements
to be anticipated from the type of operations and equipment that are
proposed for the use and if there are any significant increases in
those noise levels. The report shall also contain specific proposals
that are intended to reduce noise levels emanating off the site. The
study shall be based upon actual sound level measurements and estimates
of potential noise impact at the property lines of the site of the
proposed use; or the applicant/developer shall submit a statement
prepared by his engineer warranting that the nature of the use will
produce no impact on acoustics, in regards to the standards of this
chapter.
S.
Hydrogeologic study. A hydrogeologic study shall be prepared and
submitted with the application. The study shall be prepared by a hydrogeologist
acceptable to the Municipality. The study shall evaluate the existing
surface and subsurface hydrogeology, based upon historical data and
on-site investigation and studies where such historical data, in the
judgment of the Municipal Engineer and the Environmental Advisory
Council, is inadequate. The study shall identify groundwater discharge
and recharge areas that may be affected by the proposed use, map the
groundwater table and analyze and delineate the effects of the proposed
use on the hydrology, including surface and groundwater quantity and
quality.
[Amended 5-17-2017 by Ord. No.
955-16]
T.
Community impact study. A community impact study shall
be prepared and submitted with the application. The study shall be
prepared by a planner acceptable to the Municipality. The study shall
evaluate the impact of the proposed use upon existing community facilities
and services with an emphasis upon recreation and open space land
uses with an emphasis upon preserving valuable agricultural lands,
historic and cultural sites, emergency services and facilities with
an emphasis upon police, fire and ambulance services, and, if applicable,
any of the previously listed impacts on adjoining municipalities.
The study shall, at a minimum, identify the following:
(1)
Any potential increased use of the above-listed community
assets.
(2)
Any potential increased cost to the Municipality to
provide additional facilities and services due to the impact of the
proposed use.
(3)
An estimate of the amount of revenue to the Municipality
generated by the proposed use.
(4)
Any proposed measures to mitigate impacts upon the
above-listed community assets through site design standards.
(5)
Acreages and percentages of steep slope (as regulated
by the Zoning Ordinance), one-hundred-year floodplains and floodways,
and jurisdictional wetlands shall be presented.
(6)
The acreage and percentage of the total site to be
utilized for public improvements, including stormwater, open space,
streets, and parking.
(7)
General demographics expected in the proposed plan
and the basis for the projection, where residential units are proposed.
(8)
For residential land development, a calculation of
net residential density.
A.
At the first regular meeting of the Planning Commission
after submission of a final application, the Planning Commission shall
either accept or reject the application as complete and properly filed.
The date of the Planning Commission meeting at which the final application
is accepted as complete and properly filed shall be the official date
of filing for the application and shall represent the beginning of
the sixty-day period for Planning Commission review and recommendation
on the application, unless the applicant agrees, in writing, to an
extension of time. During the sixty-day review period, the Municipal
Engineer shall provide review comments to the Planning Commission
and the applicant.
B.
Within 60 days of the official date of filing of the
application, the Planning Commission shall make a recommendation,
in writing, to Council for approval, approval with conditions or disapproval
of the final application. In the case of a recommendation for disapproval,
the Planning Commission recommendation shall cite the specific requirements
of this chapter which have not been met.
A.
The Municipal Engineer shall present a written report
to Council which states whether an application complies with the requirements
of this chapter, and that report shall be included in the minutes
of the Council meeting.
B.
Within 90 days of the official date of filing of the
application, Council shall either approve, approve with conditions
or disapprove the final application at a public meeting. The Planning
Commission's written recommendation shall be made a part of the record
at that meeting.
C.
A letter indicating approval, approval with conditions
or disapproval shall be mailed to the applicant within 15 days of
the date of the decision by Council. If the final application is not
approved, Council shall specify the defects found in the final application
and cite the requirements of this chapter which have not been met.
If Council determines that certain conditions are warranted to be attached to final approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by this chapter. The applicant shall accept or reject the conditions attached to final approval either by giving written notice to the Chief Administrator or by executing the development agreement required by § 201-62 of this chapter within 30 days of the date of the meeting of Council at which final approval is granted. If the applicant rejects any of the conditions, or if the applicant fails to give written notice to the Chief Administrator regarding acceptance or rejection of the conditions attached to final approval or execute the development agreement within the required 30 days, final approval shall automatically be rescinded without written notice to the applicant.
Failure of Council to render a decision and
communicate it to the applicant within the time and in the manner
prescribed by this chapter shall be deemed an approval of the application
in the terms as presented, unless the applicant has agreed in writing
to an extension of time or change in the prescribed manner of presentation
of communication of the decision, in which case, failure to meet the
extended time or change in manner of presentation of communication
shall have like effect.
A.
In the case where a land development is projected
over a period of years, the Municipality authorizes submission of
final applications by sections or phases of development, subject to
such requirements or guarantees for 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 shall conform to the preliminary application as previously approved by the Municipality. 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 shall require complete resubmission of the preliminary application in accordance with § 201-47 of this chapter.
A.
In lieu of the completion of any public improvement
required prior to and as a condition for final approval of a plat,
the applicant shall deposit a performance bond, as defined by this
chapter, in favor of the Municipality, in an amount equal to 110%
of the cost of completion of the improvements estimated as of 90 days
following the date scheduled for completion by the developer. The
surety company or lending institution holding the performance bond
shall notify the Director of Community Development by certified mail
at least 30 days prior to the expiration of the performance bond.
B.
Annually, the Municipality may adjust the amount of
the performance bond by comparing the actual cost of the improvements
which have been completed and the estimated cost for the completion
of the remaining improvements as of the expiration of the 90th day
after either the original date scheduled for completion or a rescheduled
date of completion. Subsequent to said adjustment, the Municipality
may require the developer to post additional security in order to
assure that the performance bond equals said 110%. Any additional
security shall be posted by the developer in accordance with this
section.
C.
The amount of the performance bond required shall
be based upon a written estimate of the cost of completion of the
required improvements, submitted by an applicant or developer and
prepared by an engineer and certified by such engineer to be a fair
and reasonable estimate of such cost. The Municipality, upon the recommendation
of the Municipal Engineer, may refuse to accept such estimate for
good cause shown. If the applicant or developer and the Municipality
are unable to agree upon an estimate, then the estimate shall be recalculated
and recertified by another engineer chosen mutually by the Municipality
and the applicant or 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 Municipality
and the applicant or developer.
D.
If the party posting the performance bond requires
more than one year from the date of posting of the performance bond
to complete the required improvements, the Municipality may increase
the amount of the performance bond an additional 10% for each one-year
period beyond the first anniversary date from posting of the performance
bond or to an amount not exceeding 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.
In all land developments where private improvements are required by this chapter or are voluntarily provided by the developer, an amenities bond shall be required. The procedure for posting the amenities bond shall be the same as that required by § 201-60 of this chapter for posting a performance bond, except that the estimate of the cost of completion of the required private improvements shall be prepared by the applicant's or developer's engineer and shall be certified by such engineer to be a fair and reasonable estimate of such costs. The Municipality, upon the recommendation of the Municipal Engineer, may refuse to accept such estimate for good cause shown. Disputes shall be resolved in accordance with the procedure specified in § 201-60.
A.
As a condition of granting final approval of a land
development that requires the posting of a performance bond or an
amenities bond or to which conditions are attached to the grant of
final approval, Council shall require that the developer execute a
development agreement with the Municipality, in a form acceptable
to the Municipal Solicitor, containing any conditions attached to
the approval of the plan and provisions that are reasonably required
to guarantee the proper installation of public and private improvements
related to the subdivision and/or land development and provisions
necessary to indemnify the Municipality in connection therewith.
B.
Said agreement shall be executed, the required performance
bond or amenities bond shall be posted and all required fees shall
be paid before the Director of Community Development shall affix his
or her signature and the Municipal Seal to the final plan and before
a land operations or building permit is issued.
C.
Agreement shall, at a minimum, include:
(1)
General timeline of public improvement construction,
including construction of recreational facilities. The timeline of
public improvement construction shall be in accordance with the schedule
of final plat submissions if said schedule was previously submitted
and approved as part of an associated preliminary plan, unless modified
by Council.
(2)
Hours of construction operation.
(3)
A maintenance agreement concerning private stormwater facilities, when required by Chapter 198, Stormwater Management.
(4)
All performance conditions applied by Council and
accepted by the developer.
A.
The Municipality may offer the mediation option as
an aid in completing the proceedings authorized by this article. Mediation
shall supplement, not replace, those procedures in this article once
they have been formally initiated. Nothing in this section shall be
interpreted as expanding or limiting the Municipality's police powers
or as modifying any principles 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. In offering
the mediation option, the Municipality 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 a minimum, shall have
a working knowledge of municipal zoning and subdivision procedures
and demonstrated skills in mediation.
(3)
Completing mediation, including time limits for such
completion.
(4)
Suspending time limits otherwise authorized in this
chapter or in the Pennsylvania Municipalities Planning Code (Act 247
of 1968, as amended), provided there is written consent by the mediating
parties, and by the applicant or Council, if either is not a 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 Council pursuant to the procedures for approval set forth in this
article.
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.
A.
A land development plan shall not be required to be
recorded in the Westmoreland County Recorder of Deeds Office, if the
land development is proposed on a lot or lots of record, unless a
declaration plan is required to be recorded by the Pennsylvania Unit
Property Act for a condominium.
B.
Any land development plan which involves the subdivision, resubdivision or consolidation of property or the dedication of easements or rights-of-way for public improvements shall present a final plat for recording purposes with the application for final approval of the land development. The final plat for recording shall be prepared in accordance with the requirements of Article IV this chapter for a subdivision.
Whether or not the land development is required
to be recorded, the applicant shall deliver to the Director of Community
Development, one Mylar print and one electronic copy on state plane
coordinates in AutoCAD or similar format on CD of the final plat as
recorded, containing all required signatures and dates of approval.
If the amenities bond required by § 201-61 and/or the development agreement required by § 201-62 have not been submitted to the Municipality within 90 days of the date of the meeting at which Council granted final approval to the land development plan, final approval shall expire automatically, unless final approval is reinstated in accordance with § 201-68 of this chapter.
If construction of a land development which has been granted final approval, and for which a development agreement and amenities bond have been submitted, is not initiated and diligently pursued within one year of the date of final approval, final approval shall expire immediately; provided, however, that Council may grant a reasonable extension, if the developer presents satisfactory evidence that difficulties have prevented the work from being initiated and/or diligently pursued and the request for an extension is submitted, in writing, prior to the date of expiration of the approval. The Chief Administrator shall give written notice to the applicant within 30 days of the date of expiration of final approval. Any construction which occurs after notice from the Chief Administrator shall constitute a violation of this chapter and shall be subject to the enforcement remedies of Article XIV.
A.
In the event that final approval of the land development plan has expired for failure to execute the development agreement and/or post the required amenities bond, as provided for in § 201-62 of this chapter, the Chief Administrator is authorized to reinstate the signatures of the proper officers of the Municipality indicating approval, provided there are no changes in the land development plan previously granted final approval and all the requirements of this chapter regarding posting of a performance bond or amenities bond and execution of a development agreement, if required, are subsequently met, and further provided the plan is submitted for reinstatement of approval within 180 days following the date of the meeting at which final approval was granted by Council.
B.
Any request for reinstatement of final approval which
is submitted after 180 days from the date of the meeting at which
final approval was granted by Council shall be required to resubmit
an application for preliminary and final approval in conformance with
the requirements of this article.
