This article shall apply to all major land developments.
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;
B. Application filing fee and escrow where applicable, as required by Chapter
112, Fees;
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.
F. Traffic impact study or associated requirements where required by Article
XI.
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.
U. Plan monuments, as required by §
201-78 of this chapter.
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).
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.
(10)
Plan monuments, as required by §
201-78 of this chapter.
(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.
F. Final stormwater management calculations and construction drawings for stormwater management facilities as required by Chapter
198 of the Murrysville Code of Ordinances.
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.
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.
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.
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.