A.
No applicant may proceed with any grading or improvement of streets or installation of utilities until a preliminary application has been approved by the Council as more fully set forth in § 200-16.
B.
No subdivision or land development applicant shall
sell, transfer, lease or otherwise convey any lot, parcel or tract
in a subdivision, or construct or commence the construction of a structure,
until the final plat has been approved by the Council and recorded
as required herein.
C.
Application for land development shall comply in all respects with all provisions of Chapter 225, Zoning, then in effect.
D.
If the proposed land development includes land in
the Borough and in an adjacent municipality or municipalities, then
this chapter shall fully apply to those portions within the Borough.
At both the preliminary and final stages, all
applications shall include a review fee based upon a schedule established
by resolution of the Borough Council. In addition, any review fees
required by Allegheny County shall accompany all applications.
All plats and surveys shall be prepared in accordance
with the Act of May 23, 1945 (P.L. 913, No. 367), known as the "Engineer,
Land Surveyor and Geologist Registration Law."[1]
[1]
Editor's Note: See 63 P.S. § 148 et seq.
Applicants are required to apply for and receive
a simple subdivision approval from the Borough in accordance with
all applicable Borough codes and the following criteria:
B.
Recommendations and approvals.
(1)
The Planning Commission shall make recommendations
to the Council regarding plat adjustment subdivisions based on review
by the Borough Engineer.
(2)
The Council shall be responsible for approving or
denying plat adjustment subdivision within 60 days of application
acceptance.
(3)
In the case of simple subdivision, as defined by this
chapter, only an application and filing fee shall be required, provided
that all requirements for submission of a final application are met.
C.
Application. The contents of an application for plat
adjustment subdivision shall include the following:
(1)
Completed application form.
(2)
Fee as set by the Borough Council.
(3)
Plat survey as prepared by a licensed engineer or
land surveyor, which shall include, but not limited to, lots, building
lines, utility easements, streets, rights-of-way, setbacks to any
structures on property, streams, and site improvements.
A.
Land development, as herein defined, must comply with
the regulations contained herein. Such compliance shall include, but
is not limited to, the filing of preliminary and final plans, the
dedication and improvement of rights-of-way, streets and roads and
payment of fees and charges as established by resolution of the Borough
Council.
B.
Land development plans shall indicate the location
of each structure and clearly define each unit and shall indicate
public easements, common areas and improvements to public rights-of-way.
Developments are subject to the zoning regulations as they apply to
use and density requirements, setbacks, parking and other features
and shall be indicated on the land development plans.
C.
Applicability.
(1)
A single-family residential development that creates
five or more lots.
(2)
All multifamily residential developments.
(3)
A nonresidential development with more than 5,000
square feet of new gross floor area.
(4)
All planned residential and planned nonresidential
developments.
(5)
All subdivisions and land developments that constitute
conditional uses or uses by special exception.
A.
Submission of application.
(1)
The preliminary plan application shall be submitted
to the Borough at least 28 calendar days prior to the Planning Commission's
next regular monthly meeting and shall include an original and not
fewer than 10 copies, drafted on twenty-four-inch by thirty-six-inch
paper (reproducible size 22 inches by 34 inches).
(2)
The preliminary plan application shall not be considered
to be complete and properly filed unless and until all items required
by this chapter, including the application fee and the application
form provided by the Borough have been received. The Borough shall
have seven working days from the date of submission to check the plans
and documents to determine if they are in proper form and contain
all the information. If defective, the application may be returned
to the applicant within the seven-day period with a statement that
the application is incomplete; otherwise, the application shall be
deemed filed as of the submission date. Acceptance shall not constitute
a waiver of any deficiencies.
B.
Notification of agencies. Copies of the preliminary
plan shall be submitted, by the applicant, to the following agencies,
as applicable. Evidence of submission shall be included in the application.
C.
The preliminary application content shall include:
(1)
One application form as specified and obtained from
the Borough.
(2)
One letter of transmittal, identifying the proposed
activity and purpose of the development.
(3)
Required copies of the preliminary plan.
(4)
Filing fee: check or money order payable to Borough
of Bradford Woods.
(5)
Where applicable a copy of the decision granting approval
of any zoning variance, conditional use or special exception as required,
including all conditions imposed.
(6)
Review fees shall include the reasonable and necessary
charges by the Borough professional consultants or engineer for review
and report to the Borough and shall be set by resolution.
(7)
A brief narrative describing the proposed project.
(8)
A list of any variances or other zoning approvals
or any modifications or waivers that will need to be requested.
D.
The preliminary plan content shall include:
(1)
Location map: shall clearly show the location, area
and zoning of the tract proposed for development with relation to
the area and zoning of adjacent properties, including the structure
locations, and the location and relative distance to existing streets.
(2)
Site map: shall cover the entire tract and all land
within 100 feet of its boundaries and shall clearly and accurately
show the following data:
(a)
The topography with contour lines at two-foot
intervals where the average slope is 10% or less, and at five-foot
intervals where the average slope exceeds 10% and at twenty-foot intervals
where the average slope exceeds 25%.
(b)
The natural features and existing culture, such
as woods and existing trees 12 inches or greater in diameter, streams,
wetlands and other natural drainageways, embankments, retaining walls,
structures (including structures located on abutting properties if
within 50 feet of the common property line), and existing land use.
(c)
The names of owners of properties adjacent to
the tract and the location of existing driveways on adjacent properties.
(d)
Existing and proposed streets and rights-of-way,
including dedicated widths, roadway widths, approximate gradients,
types and widths of pavements, and curbs and sidewalks.
(e)
Existing and proposed easements, including widths
and purposes.
(f)
Utilities, including size, capacity and location
of sanitary sewers, storm sewers, drainage facilities, waterlines,
gas mains and power, telephone or cable TV lines above or below ground.
(g)
Areas subject to periodic overflow of flooding
from stormwaters or any other source.
(h)
Subsurface conditions, including data on past
or possible future mining activity. If mineral rights are severed
from the land ownership, such data must be clearly indicated.
(i)
Tract boundary lines by calculated distances
and bearings and total acreage.
(j)
Title, graphic scale (minimum one inch equals
50 feet), North point, date, property owner, and developer if different.
(k)
Such other information as may reasonably be
required by the municipal officials.
(3)
The proposed subdivision or land development plan
shall be drawn at a scale no smaller than one inch equals 50 feet,
and shall show the following as applicable:
(a)
Name of the plan.
(b)
Names, addresses and phone numbers of the owner,
subdivider or developer, and the professional who prepared the plan.
(c)
Proposed street pattern, including the names,
widths and rights-of-way of streets, the widths of easements, and
the calculated grades of streets.
(d)
Layout of lots, including dimensions, number
and building lines, and showing proposed grading and areas where natural
vegetation will be removed.
(e)
Parcels of land to be dedicated or reserved
for schools, parks, playgrounds or other public or community use.
(f)
Key plan, legends, notes, graphic scale, North
point and date.
(g)
A draft of any proposed deed covenants or any
restrictions.
(h)
Required front, side and rear yard lines, and
any required building line.
(i)
Any required buffer yards and nondisturbance
area.
(j)
Location, dimensions, total square footage and
ground floor elevations of proposed structures, walkways, driveways,
entrances, parking facilities, loading spaces, landscaping, signs,
lighting facilities, fences or walls, fire hydrants and fire lanes
and other site improvements or amenities when applicable.
(k)
Contour lines at intervals set forth in Subsection D(2)(a) and sufficient elevations to show proposed grading and data to show gradient of access drives, parking facilities and surface water runoff when applicable.
(l)
The location of all off-street parking spaces
and the total number of spaces to be provided.
(m)
A landscape plan showing the location and design
for all landscaping and screening proposed and showing the height
and type of screening.
(4)
The engineering report shall include the following
data wherever pertinent:
(a)
Profiles, cross sections and specifications
for proposed street improvements.
(b)
Profiles and other explanatory data concerning
installation of water distribution systems, storm sewers and sanitary
sewers. If water is to be provided by means other than by private
wells owned and maintained by the individual owners of lots within
the subdivision or development, applicants shall present evidence
that water is to be supplied by a certified public utility, a bona
fide cooperative association of lot owners, or by municipal corporation,
authority or utility. A copy of a certificate of public convenience
from the Pennsylvania Public Utility Commission or an application
for such certificate, a cooperative agreement or a commitment or agreement
to serve the area in question, whichever is appropriate, shall be
acceptable evidence.
(5)
Sewage facilities report: a report on the feasibility
of connection to an existing sanitary sewage system, including distances
to the nearest public sewer, service load of the subdivision and the
capacity of the treatment plant. Approved planning modules shall be
provided where required by the Department of Environmental Protection
(DEP) or other governing agency having jurisdiction thereof. If public
sewers are not proposed, then evidence that the Allegheny County Health
Department will approve and accept on-lot facilities must be presented.
(6)
Public utilities: proof of the ability to provide
every lot with water, gas and electricity within road right-of-way
or properly designated easements.
(7)
Stormwater management plan. Applicants shall comply fully with all requirements of Chapter 190, Stormwater Management, or any successor ordinance.
(8)
Erosion and sediment control, if applicable. The applicant
shall comply fully with all requirements of the Erosion and Sediment
Control Regulations of Allegheny County and provide satisfactory evidence
of such compliance to the Borough.
(9)
Grading, excavation and fill compliance, if applicable. The applicant shall comply fully with all requirements of Chapter 129, Grading, or any successor ordinance.
(10)
Highway occupancy notice and release, if applicable.
No plat which will require access to a highway under the jurisdiction
of the Pennsylvania Department of Transportation shall be finally
approved unless the plat contains a notice that a highway occupancy
permit is required pursuant to Section 420 of the Act of June 1, 1945
(P.L. 1242, No. 428), known as the "State Highway Law,"[1] before driveway access to a state highway is permitted.
The form for such notice appears at Appendix A.[2]
[1]
Editor's Note: See 36 P.S. § 670-420.
[2]
Editor's Note: Appendix A is included at the end of this chapter.
(11)
Schedule. A schedule, where development is to
be phased over a period of years, showing proposed times for filing
of applications for final approval for each phase of the proposed
development plan.
(12)
Additional information. Any additional information
as requested by the Planning Commission, such as soil types, detailed
topography, additional contours, etc., shall be made available upon
request.
Preliminary plan applications for subdivision
and land development shall be reviewed in accordance with the following
procedures:
B.
Submissions to the county shall include:
C.
The Planning Commission shall not forward its recommendation
as to the preliminary application until reports from each of these
agencies have been reviewed, or until the expiration of 30 days from
the date the copies of the preliminary application were forwarded
to said agencies.
D.
The Planning Commission shall review the application
covering the requirements of this chapter point by point, and may
consult with the Engineer, the Zoning Officer and other concerned
officials. The Planning Commission will recommend approval, denial,
or conditional approval to the Council within 60 days of the scheduled
meeting at which the application is first reviewed.
A.
The Council shall render its decision and communicate
it to the applicant not later than 90 days following the date the
application is filed.
B.
Should the next regular Planning Commission meeting
occur more than 30 days following the filing date, the ninety-day
period is then measured from the 30th day following the date the application
is filed.
C.
Approval may be conditioned upon the grant of a variance
or of a special exception by the Zoning Hearing Board where such variance
or special exception is required, but such conditional approval by
the Council shall not be binding on the Zoning Hearing Board, and
the conditional approval shall be deemed to be rescinded automatically
if the requested variance or special exception is denied by the Zoning
Hearing Board.
D.
The decision of the Council shall be in writing and
shall be communicated to the applicant personally or mailed to him
at his last known address not later than 15 days following the decision
of the Council.
E.
When the application is not approved in terms as filed,
the decision shall specify the defects found in the application and
describe the requirements which have not been met and shall, in each
case, cite to the provisions of the statute or ordinance relied upon.
F.
Failure of the Council to render a decision and communicate
it to the applicant within the time and manner required shall be deemed
an approval of the application in 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.
The Council may hold a public hearing, pursuant
to public notice, prior to the approval or disapproval of the preliminary
application.
A.
Submission of application.
(1)
After a preliminary application has been approved
by the Borough Council, the developer may proceed by submitting an
application for final plan approval which shall be prepared in accordance
with the additional requirements of this chapter and shall provide
sufficient design information to demonstrate compliance with the requirements
of this chapter.
(2)
For those applicants not required to obtain preliminary
plan approval, the final plan application shall include all information
regarding location and identification, existing features, plan information,
drafting standards and other relevant requirements for preliminary
plans.
(3)
A final plan application shall not be considered to
be complete and properly filed unless and until all items required
by this chapter, including the application fee and the application
form provided by the Borough have been received. The Borough shall
have seven working days from the date of submission to check the plans
and documents to determine if they are in proper form and contain
all the information. If defective, the application may be returned
to the applicant with a statement that the application is incomplete
within the seven-day period; otherwise, the application shall be deemed
filed as of the submission date. Acceptance shall not constitute a
waiver of any deficiencies.
B.
Final plan application content; time limits.
(1)
Final plan application content shall include:
(a)
One application form.
(b)
One letter of transmittal, identifying the proposed
activity and the purpose of the development.
(c)
Filing fee. A separate filing fee shall be submitted
for each application.
(d)
Copy of reports, notifications and certifications
not provided on the preliminary plan.
(e)
Where applicable, a copy of the decision granting
approval of any variance, conditional use or special exception, as
required, including all conditions imposed.
(f)
Copies of the final plan shall be submitted
by the applicant to the following agencies, as applicable. Evidence
of submission shall be included in the application.
(2)
The final plan application shall be submitted to the
Borough at least 28 calendar days prior to the Planning Commission's
next regular monthly meeting.
C.
Final plan content shall include:
(1)
A copy of the approved preliminary plan if changes
were made after initial approval was given.
(2)
Seven prints and one reproducible copy of the final
plat; reproducible copy to be drawn on Mylar-type film, using waterproof
black India ink. All signatures and dates are to be made with a felt-tip
permanent black ink pen.
(3)
The final plat shall be drawn at a scale no smaller
than 50 feet to one inch, and in a format and/or on such material
as is required for recording by the Department of Real Estate, and
shall show:
(a)
The subdivision name, name and address of the
owner and subdivider, source of title of land as shown by the books
of the Department of Real Estate of Allegheny County, graphic scale,
North point, date and certificate of approval by the Council.
(b)
Survey date with certification by a registered
professional engineer or land surveyor showing calculated distances
and bearings of the subdivision boundaries, lots, utility easements,
streets, alleys, building lines and parks reserved for community purposes.
(c)
The location and distances to the nearest established
street corners or official monuments and the streets intersecting
the boundaries of the subdivision.
(d)
Location, type of material and size of monuments,
complete curb data, lot and block or tax map parcel numbers and street
names.
(e)
Certifications and approvals. Required certifications,
providing for the signatures of all reviewing agencies and the Borough
Council with the date of approval, in accordance with the latest Allegheny
County clauses and certifications.
(f)
Zoning legend. A zoning legend shall be made
part of the final plan. The legend shall show all pertinent zoning
requirements, including, but not limited to, set back requirements,
zoning district, parking requirements, existing uses and variances,
etc. This legend shall be incorporated into the title sheet.
(g)
Lot lines, with a number to identify each lot
on the site and the area (in square feet) of each lot.
(h)
Location of existing buildings.
(i)
Statement from the owner dedicating streets,
rights-of-way and lands for public use.
(j)
Names of the owners of record of adjoining lands.
(k)
Protective covenants, if any, in a form for
recording.
(l)
Location, dimensions and purpose of all proposed
easements.
(m)
Notation of plat, if applicable, that access
to a state highway shall only be authorized by a highway occupancy
permit issued by the Pennsylvania Department of Transportation as
require by the current State Highway Law.
(n)
Water supply proof of service shall accompany
all information submitted for review.
(o)
Availability of sewage supply.
(p)
An appropriate statement signed by the owner
unequivocally indicating his intention either:
A.
Construction plans for public improvements. In addition
to the above requirements, the final plan shall be accompanied by
construction plans for public improvements, as prepared by a licensed
professional engineer, which show the following:
(1)
A grading plan, including finished land contours and
grades, directions of water movement, type of soils, location of silt
fences and erosion control measures, and ground floor elevations.
(2)
A site plan indicating the location of all proposed
buildings, parking areas, landscaping, buffer yards, internal circulation
system, common and open spaces areas, plantings, temporary fencing,
treatment of all disturbed areas, including graded slope areas, and
method of protection of existing trees near disturbed areas.
(3)
A final landscape plan including the common and proper
names, sizes, locations, and quantities of each proposed species of
plant material proposed.
(4)
Plans in profile of each street in the plan.
(5)
Cross section of each street at intervals not to exceed
100 feet and extending 25 feet outside the street right-of-way.
(6)
All drainage easements over private property.
(7)
A stormwater management plan which complies with the Borough of Bradford Woods Stormwater Management Ordinance provided in Chapter 190.
(8)
The location of all necessary sewers, manholes and
catch basins; the top and invert elevation of each inlet and manhole,
together with the grade of each sewer line.
(9)
The grade line, distance and pipe size of each line
of the storm drainage system within the plan and any storm drainage
system immediately adjacent thereto.
(10)
All pipe sizes shown by plan and profile.
(11)
The location and wye as proposed for installation,
including a station for that wye, measured from the downstream manhole.
B.
Supplementary information. The following information
shall be provided with the final plan.
(1)
When applicable, notification from the Department
of Environmental Protection (DEP) that either approval of the sewer
facilities plan revision or supplement has been granted or that such
approval is not required.
(2)
Certificate, signature and seal of the surveyor signifying
that the survey is correct.
(3)
Certificate, signature and seal of the surveyor, engineer,
landscape architect or other professional that completed the final
plan, signifying that all other information shown on the plan is accurate.
(4)
When applicable, a copy of the application to the
Allegheny County Conservation District requesting approval of the
erosion and sedimentation control plan.
(5)
When applicable, a feasibility plan to provide solutions
to problems related to soil, water or mineral conditions underlying
the property.
(6)
A grading plan, including justification, for any slopes in excess of that permitted by Chapter 129, Grading.
(7)
When applicable, a copy of the homeowners' association
documents.
No plat shall be finally approved unless all
improvements shown on such plat or required by this chapter have been
installed in strict accordance with this chapter. In lieu of the completion
of any improvements required as a condition for the final approval
of a plat, the owner or developer may deposit with the Borough financial
security in an amount sufficient to cover the costs of such improvements.
Such financial security shall be in the form of federal or commonwealth
chartered lending institution irrevocable letters of credit and/or
restrictive or escrow accounts in such lending institutions, or a
cash deposit with the municipality. Such financial security shall
secure to the public the completion of all said improvements within
one year from the date of posting of the financial security in accordance
with all applicable provisions of Section 509 of the Pennsylvania
Municipalities Planning Code,[1] Act of 1968, P.L. 805, No. 247, as reenacted and amended
from time to time.
[1]
Editor's Note: See 53 P.S. § 10509.
A.
The Borough shall forward one copy of the application
for final approval of subdivision and land developments to the:
B.
The Planning Commission shall not make its final recommendation
until reports from each of these agencies has been received, or until
the expiration of 30 days from the date the copies of the final application
were forwarded to said agencies.
The Council shall render its decision and communicate
it to the applicant, as required by law, no later than 90 days after
the regular monthly meeting of the Planning Commission next following
the date the final application is filed. Should the next regular meeting
of the Planning Commission occur more than 30 days following the filing
date, the ninety-day period is then measured from the 30th day following
the date the final application is filed. The Council may require as
a condition of final approval a written development agreement with
applicant.
A.
Upon final approval, the applicant may commence and
complete the approved development in accordance with the terms of
such approval within five years from such approval. Where final approval
is preceded by preliminary approval, the five-year period shall be
counted from the date of the preliminary approval.
B.
The Council may deny approval of any final application
which varies from the preliminary plan granted preliminary approval.
The Council must forward the written notice of such denial to the
developer within 15 days following the decision, setting forth the
reasons for such denial.
Upon the approval of a final plat, the developer
shall within 90 days of such final approval, or 90 days after the
date of delivery of an approved plat signed by the governing body
following completion of conditions imposed for such approval, whichever
is later, record such plat in the Allegheny County Department of Real
Estate.
When the plans of street and other improvements
have been approved as provided in this chapter, the developer shall
first notify the Borough Engineer of his intention to proceed with
the construction or installation of said streets and improvements.
Notification shall be made at least 10 working days before commencement
of any such construction to inspect the site prior to commencement
of work and to inspect installation or construction of said streets
and improvements during the course of work being performed. In order
to defray the costs incurred by the Borough in inspecting the installation
of the improvements required by the chapter, the developer shall,
before he proceeds with any construction or installation, deposit
with the Borough the estimated cost to the Borough (as determined
by the Borough Engineer) for inspection by the Borough Engineer. Any
additional expenses will be charged and any excess will be refunded.
Prior to any street or other improvement being
accepted by the Borough as hereinafter provided, the developer shall
post financial security to secure structural integrity of said improvements
as well as the functioning of said improvements in accordance with
the design and specifications as depicted on the final plat, in an
amount set by the Borough Engineer and in terms acceptable to the
Borough Solicitor, to insure maintenance of said improvements for
a period of 18 months from the date of acceptance by the Borough.
The amount of the financial security shall be 15% of the actual cost
of installation of said improvements.
A.
When the developer has completed all of the necessary
and appropriate improvements, the developer shall notify the Council,
in writing, by certified or registered mail, of the completion of
the aforesaid improvements and shall send a copy thereof to the Borough
Engineer. The Council shall, within 10 days after receipt of such
notice, direct and authorize the Borough Engineer to inspect all of
the aforesaid improvements. The Borough Engineer shall, thereupon,
file a report, in writing, with the Council, and shall promptly mail
a copy of the same to the developer by certified or registered mail.
The report shall be made and mailed within 30 days after receipt by
the Borough Engineer of the aforesaid authorization from the Council.
Said report shall be detailed and shall indicate approval or rejection
of said improvements, either in whole or in part, and if said improvements,
or any portion thereof, shall not be approved or shall be rejected
by the Borough Engineer, said report shall contain a statement of
reasons for such nonapproval or rejection.
B.
The Council shall notify the developer, within 15
days of receipt of the Borough Engineer's report, in writing, by certified
or registered mail, of the action of said Council with relation thereto.
C.
If the Council or the Borough Engineer fails to comply
with the time limitation provisions contained herein, all improvements
will be deemed to have been approved and the developer shall be released
from all liability, pursuant to its performance security agreement.
D.
If any portion of said improvements shall not be approved
or shall be rejected by the Council, the developer shall proceed to
complete the same and, upon completion, the same procedure of notification,
as outlined herein, shall be followed.
E.
Nothing herein, however, shall be construed in limitation
of the developer's right to contest or question, by legal proceedings
or otherwise, any determination of the Council or the Borough Engineer.
F.
Where herein reference is made to the Borough Engineer,
he shall be a duly registered professional engineer employed by the
Borough and/or engaged as a consultant thereto.
