It is the intention of this procedure to encourage
and assist developers in their design with modern planning practice,
with the shortest and most flexible procedures and, at the same time,
protect the Community against undesirable conditions. Another purpose
of these regulations is to create an undisputable legal base for property
descriptions for both the developer as well as the Community.
Approval of the final plan by the Planning Commission
and by the Borough Council is subject to the following requirements:
A. Compliance with the standards of these regulations (Article
IV).
B. Completion of constructions (streets, sewers, survey
monuments and other improvements as may be required by these regulations)
in accordance with the specifications and standards of the Borough
Engineer or full assurance of the required improvements as specified
in §§ 163-35 and 193-36.
After the approval of the final plan, it shall
be recorded in the Recorder of Deeds office of Allegheny County within
90 days of the date of the approval or it will be declared null and
void and have to be resubmitted to the Planning Commission. A copy
of the recorded plan shall be filed with the Planning Commission,
Borough Engineer and the Building Inspector, within 30 days after
recording.
In the case of a routine division of land, the
preliminary procedure is not required, provided that:
A. No more than two lots are involved.
B. No new streets or other improvements are needed.
C. It is in accordance with Chapter
185, Zoning.
The requirements and standards set forth in these Subdivision Regulations shall apply to planned residential development and commercial, residential and industrial developments when one or more main structure is to be erected on the subject property, and/or if a street (public or private) is to be constructed. Article
VII, P/PRD Planned Residential Development, of Chapter
185, Zoning, shall apply and is a part of this chapter as Article
III.
If a subdivision is on a site with an average slope of more than 15% (the computation of the average slope of a subdivision shall exclude land with a slope in excess of 25% if that land will not be disturbed in the course of development), the Planning Commission may, in order to avoid the necessity for excessive cut and/or fill, and to preserve trees, groves, waterways, scenic point, historic spots, and other community assets and landmarks, allow or require lot sizes, setbacks, and yards of dimensions which differ from the requirements of Chapter
185, Zoning, provided that the density of the parcel being developed is not greater than that which is permitted under Chapter
185, Zoning, had a uniform lot design been applied to the entire site on lands with slopes of less than 20%, and provided that the total parcel has an area of at least 30 acres to allow variations which result in smaller lot sizes. All portions of the parcel, however, shall be taken up in lots, streets, public lands or other proposed uses so that remnants and landlocked areas shall not be created.
Upon application and allegations in writing
that extraordinary hardship may result from strict compliance with
these regulations, the case may be referred to the Planning Commission
for the purpose of hearing the cause and determining substitute regulations
to accommodate the specific hardships. If, by adopting the substitute
regulations substantial justice may be done and the public interest
may be served, the Planning Commission may approve the adoption of
the substitute regulations subject to final plan approval by Borough
Council, in lieu of the regulations causing hardship, provided that
such variation will not have the effect of nullifying the intent and
purpose of the Comprehensive Plan or the spirit of these regulations.
In subdivisions of more than five lots and/or
an average slope of 10% or greater, the Planning Commission may require
review by the U.S. Soil Conservation Service and utilize their recommendations
in limiting soil erosion both during and after construction. The Planning
Commission may, however, require reasonable safeguards against erosion
derived from recognized engineering practices on any subdivision if
an erosion hazard is imminent in the proposed subdivision design.