[Amended 10-13-2007 by Ord. No. 386]
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."
An application for tentative approval along
with not less than an original and 10 copies of the development plan
for a planned residential development shall be drafted on twenty-four-inch
by thirty-six-inch paper (reproducible size 24 by 36) and shall be
filed with the Borough by or on behalf of the landowner on forms provided.
An application for preliminary approval shall be accompanied by an
application fee as set by resolution of Council.
Applications for tentative approval shall include:
A. Written statement. A statement by the landowner/developer
setting forth the reasons why, in his opinion, a planned residential
development would be in the public interest and would be consistent
with the Comprehensive Plan for the development of the Borough.
B. List. A list of any zoning approvals or any modifications
or waivers which will need to be requested.
C. Location map: shall clearly show the location, area
and zoning of the tract proposed for development in relation to the
area and zoning of adjacent properties including the structure locations,
and the location and relative distance to existing related streets.
D. Site map: shall cover the entire tract and all lands
within 100 feet of its boundaries and shall clearly and accurately
show the following data:
(1) The topography with contour lines at two-foot intervals
where average slope is 10% or less, five-foot intervals where average
slope exceeds 10% and twenty-foot intervals where average slope exceeds
25%.
(2) The natural features and existing culture such as
woods and existing trees 12 inches or greater in diameter, streams
and other natural drainage ways, embankments, retaining walls, structures
including structures located on abutting properties if within 50 feet
of the common property line, and existing land use.
(3) The names of owners of properties adjacent to the
tract and location of existing driveways on adjacent properties.
(4) Existing and proposed streets and right-of-way including
dedicated widths, roadway widths, approximate gradients, types and
widths of pavements, and curbs and sidewalks.
(5) Existing and proposed easements, including widths
and purposes.
(6) Utilities, including size, capacity and location of
sanitary sewers, storm sewers, drainage facilities, water lines, gas
mains and power, telephone or TV cable lines above or below ground.
(7) Areas subject to periodic overflow of flooding from
stormwaters or other sources.
(8) 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.
(9) Tract boundary lines be calculated distances and bearings.
(10)
Title, graphic scale (minimum one inch equals
100 feet), North point, date, property owner, and developer if different.
(11)
Such other information as may reasonably be
required by the requisite municipal officials.
E. Proposed development plan: shall show the following
as applicable:
(2) Name, addresses and phone numbers of owners, subdivider
or developer, and the professional who prepared the plan.
(3) Proposed street pattern, including the names, widths
and right-of-way of streets, the widths of easements, and the calculated
grades of streets.
(4) Layout of lots, including dimensions, number and building
lines, and show proposed grading and areas where natural vegetation
will be removed.
(5) Parcels of land to be dedicated or reserved for schools,
parks, open space, playgrounds or other public or community use.
(6) Key plan, legends, notes, graphic scale, North point
and date.
(7) Scale to be a minimum of one inch equals 100 feet.
(8) The location, use, heights, and number of families
to be housed for every structure proposed shall be shown.
(9) The location of all off-street parking spaces and
the total number of spaces to be provided shall be shown.
(10)
The location, sizes, and kind of improvements
proposed for all common open space, together with proposed ownership
and maintenance arrangements of such open space.
(11)
The location and design for all landscaping
and screening proposed showing the height and type of screening.
(12)
The location and width of walks, sidewalks and
trails, and the use of trails where they are not limited to pedestrian
use.
(13)
The substance of covenants, grants, easements,
of other restrictions proposed.
(14)
The extent to which the proposed development
plan varies from land use and other regulations otherwise applicable
to the subject property
(15)
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.
(16)
Required front, side and rear yard lines, and
any required building line.
(17)
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.
(18)
Contour lines shall be drawn at intervals set forth in Subsection
D(1) and sufficient elevations to show proposed grading and data to show gradient of access drives, parking facilities and surface water runoff when applicable.
F. Engineer report: shall include the following data
wherever pertinent:
(1) Profiles, cross sections and specifications for proposed
street improvements.
(2) 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.
G. 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 development and the
capacity of the treatment plant. Approved planning modules shall be
provided where required by the Department of Environmental Protection
(DEP), or other government 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
present.
H. Public utilities. Proof of the ability to provide
every lot with water, gas and electricity within a street right-of-way
or properly designated easements.
I. Stormwater management. Applicant must comply fully with all requirements of Chapter
190, Stormwater Management, or any successor ordinance.
J. Erosion and sediment control plan. Applicant shall
comply fully with all requirements of the erosion and sedimentation
control regulations of Allegheny County and provide satisfactory evidence
of such compliance to the Borough.
K. Grading, excavation and fill compliance. Applicant shall comply fully with all regulations of Chapter
129, Grading, or any successor ordinance.
L. Highway occupancy permit and exit notice, 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,” before driveway access to a state highway is permitted.
The form for such notice appears at Appendix A.
M. 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 development plan applications shall
be reviewed in accordance with the following procedures:
A. The Borough shall forward one copy of the preliminary
application to the following, which have 30 days to respond:
(1) Borough Planning Commission;
(2) Pennsylvania Department of Environmental Protection;
(4) Allegheny County Planning Department.
B. Submissions to the county shall include:
(1) Notice of transmittal addressed to the Director of
the Planning Department which contains the date of transmittal and
the signature of the transmitting Borough official.
(2) Allegheny County Planning Department "Subdivision
and Land Development Application" completed by the developer.
Council shall give tentative approval to a proposed
development plan if, and only if, it is found to meet the following
criteria:
A. Findings of fact.
(1) The proposed development plan complies with all standards
and conditions of this chapter, preserves the community development
objectives of this chapter and is found to be consistent with the
Comprehensive Plan.
(2) Where the proposed development plan departs from zoning
and subdivision regulations otherwise applicable to the subject property,
such departures are in the public interest and promote the health,
safety, and general welfare of the public.
(3) The proposals for the maintenance and conservation
of any proposed common open space are reliable, and the amount and
extent of improvements of such open space is adequate with respect
to the proposed, use and type of residential development proposed.
(4) The physical design of the proposed development plan
adequately provides for public services, traffic facilities and parking,
light, air, recreation and visual enjoyment.
(5) The total environment of the proposed development
plan is harmonious and consistent with the neighborhood in which it
is located.
(6) The proposed development plan will afford a greater degree of protection of natural watercourses, topsoil, natural vegetative cover, trees, and other features of the natural environment, and prevention of erosion, landslides, siltation and flooding than if subject property were developed in accordance with the provisions of this chapter and Chapter
200, Subdivision and Land Development, which otherwise apply.
(7) The proposed use shall not involve any element or cause any condition that may be dangerous, injurious, or noxious to any other property or persons, and shall comply with the performance standards of §
225-22.
(8) In the case of a development plan which proposes development
over a period of years, the development plan will provide at each
stage of development a sufficient proportion of any required open
space, planned facilities and amenities, and other improvements and
conditions as set forth in this article and as intended to protect
the interests of the public and of the residents of the planned residential
development in the integrity of the development plan.
The grant of tentative approval shall be deemed
to be revoked if Council is notified by the landowner of his intention
to abandon the proposed development plan. The grant of tentative approval
shall be deemed to be revoked if the developer does not submit an
application for final approval within the time limits required by
law.
Application for final approval of each phase
shall be accompanied by a fee as set by resolution of Council and
shall be filed with the Borough. The application shall be comprised
of one reproducible copy and seven prints of the development plan
for the phase, including a site plan and supplementary data, and a
certificate of improvements or a guarantee of improvements as required
by this chapter.
A. The PRD site development plan shall be drawn on Mylar
type film using waterproof black India ink and shall include:
(1) The final plat drawn at a scale no smaller than one
inch equals 100 feet, drafted on twenty-four-inch by thirty-six-inch
paper (reproducible area 24 by 36);
(2) The plan name, name and address of the owner and subdivider,
source of title of land as shown by the books of the Recorder of Deeds
of Allegheny County, graphic scale, North point, date and certificate
of approval by Council;
(3) 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, open space and parks reserved for community purposes;
(4) Location and distances to the nearest established
street corners or official monuments and the streets intersecting
the boundaries of the subdivision;
(5) Location, type of material and size of monuments,
complete curb data, lot numbers and street names;
(6) Accurately dimensioned locations of all proposed structures,
parking areas, and common open spaces;
(7) The number of families to be housed in each structure;
and
(8) Certifications and approvals. Required certifications
are set forth in Appendix A.
B. The supplementary data shall include:
(1) Any covenants, grants of easements or other restrictions
to be imposed on the use of land and structures.
(2) Provisions for the maintenance, ownership and operation
of common open spaces and facilities.
(3) The final landscaping plan, including the common and
proper names, sizes, and quantities of each proposed species of plant;
the exact location of all plant materials and the treatment of all
disturbed areas, including graded slope areas shall be shown. The
method of protecting existing trees near the proposed areas of disturbance
shall be shown. Additionally, show the location of sidewalks, trails,
and screening.
A public hearing on an application for final
approval of the development plan, or part thereof, shall not be required
provided the development plan, or part thereof, submitted for final
approval is in compliance with the development plan theretofore given
tentative approval and with any specified conditions attached thereto.
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, Act of 1968, P.L. 805, No. 247, as reenacted and amended.
The following improvements shall be completed in connection with every planned residential development, and such improvements will be in conformance with such standards as may be specified and required in Chapter
200, Subdivision and Land Development, or other Borough, county, or state law:
A. Off-street parking spaces shall be provided in accordance with the provisions of §
225-21.
B. Streetlights shall be provided by the developer throughout
the planned residential development. The streetlights shall be located
to ensure adequate lumination in order to protect the safety of the
residents of the planned residential development.
C. Proposed streets shall be related to street plans
or parts thereof as have been officially adopted by the Borough. Proposed
streets shall conform to the requirements herein as well and as to
any other plans, statute, ordinance, law or regulation applicable
thereto. Streets shall be logically related to the topography in order
that usable lots and reasonable grades shall be produced. Minor streets
shall be so laid out as to discourage through traffic, but provisions
will be required for street connections into and from adjacent areas.
D. Where a planned residential development abuts or contains
an existing or proposed major traffic street, the Council may require
marginal access streets, rear service alleys, reverse frontage lots
or such other treatment as will provide protection for abutting properties,
reduction in the number of intersections with major streets, and separation
of local and through traffic.
E. Drainage structures, culverts, storm sewers, ditches,
and related installations shall be provided to insure adequate drainage
of all points along the streets.
F. Concrete monuments shall be set at the intersection
of all lines forming angles in the boundary of the planned residential
development. Concrete monuments shall also be placed along points
of curves of streets and at street intersections. Iron or steel markers
shall be set on all property corners.
G. Pedestrian interior walks shall be required where
necessary to assist circulation or provide access to community facilities.
Such interior walks shall have a paved width of not less than four
feet.
H. When topsoil has been removed from the surface on
a slope where erosion may cause a displacement of loose material,
the area shall be seeded within two weeks, or with Council approval,
treated as soon as possible to prevent damage to adjacent property
or streets.
I. If water is to be provided by means other than by
private wells owned and maintained by the individual owners of lots
within the planned development, the developer shall present evidence
to Council that the planned development is to be supplied by a certificated
public utility, a bona fide cooperative association of lot owners,
or by a 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.
J. Compliance with the landscape plan.
The developer shall record the approved development plan forthwith in the office of the Recorder of Deeds of Allegheny County before any development shall take place. Upon the filing of a development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. No subsequent change or amendment in the zoning or subdivision regulations shall be applied to the approved development plan within five years of the date of final approval that would adversely affect the right of the applicant to commence and complete any aspect of the approved plan in accordance with the terms of such approval. Upon approval of a final plat, the developer shall record the plat and post financial security in accordance with the provisions of Chapter
200, Subdivision and Land Development. (See latest edition of the MPC.)
In the event that a development plan, or a part
thereof, is given final approval and thereafter the landowner shall
abandon such plan or the part thereof that has been finally approved,
and shall so notify Council in writing, or, if the landowner shall
fail to commence and carry out the planned residential development
in accordance with the time provisions stated in Section 506 of the
Pennsylvania Municipalities Planning Code after final approval has been granted, no development
or further development shall take place on the property included in
the development plan until after the said property is reclassified
by enactment of an amendment to this chapter.
The Borough Council may impose standards for streets, walkways, curbs, gutters, streetlights, shade trees, water, sewage and drainage facilities, and other improvements otherwise required under Chapter
200, Subdivision and Land Development. However, the Borough Council may approve modifications or changes in such standards subject to the "modification" provisions of Chapter
200, Subdivision and Land Development, where the applicant can demonstrate that a modification is necessary to preserve existing trees or vegetation, or to accommodate innovative site design.
The provisions of §
225-62 of this chapter are incorporated herein by reference as though fully set forth herein.
See §
225-60B, which is incorporated herein by reference.