Prior to submission of a preliminary application,
the developer is encouraged to present a schematic plan of the proposed
development to the Planning Commission to assure mutual agreement
on the location, extent and functioning of the proposed subdivision;
but such agreement shall not be legally binding. In the case of a
proposed subdivision which proposes development of only a portion
of the parcel owned or controlled by the developer, the developer
shall provide a concept plan which clearly delineates the proposed
future development of all remaining portions of such parcel. This
concept plan may be submitted as a part of the preliminary application.
Time deadlines applicable to preliminary applications do not apply
to concept plans unless they are submitted as part of the preliminary
application.
A.
No applicant may proceed with any grading or improvement
of streets or installation of public utilities until a preliminary
application has been approved by the Council.
B.
No 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 in a subdivision until the final plat
has been approved by the Council and recorded as required herein.
The preliminary application shall include a
location map, a site map, a subdivision plan, and an engineering report.
The application shall be submitted to the Planning Commission and
shall include an original, together with not fewer than 10 copies,
and shall be accompanied by an application fee which shall be set
by resolution of the Council.
A.
The 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 and the location and
relative distance to existing related streets.
B.
The 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 vertical contour intervals of
five feet or less.
(2)
The natural features and existing culture such as
woods, streams, embankments, retaining walls, structures and existing
land use.
(3)
The names of owners of properties adjacent to the
tract.
(4)
Existing and proposed streets and rights-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 lines.
(7)
Areas subject to periodic overflow of flood-or storm
waters.
(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 by calculated distances and bearings.
(10)
Title, graphic scale, north point and date.
C.
The proposed subdivision plan shall be drawn at a
scale no smaller than 50 feet to one inch and shall show the following:
(1)
The name of the subdivision.
(2)
The name and addresses of the owner, subdivider and
persons who prepared the plan.
(3)
The proposed street pattern, including the names,
widths and rights-of-way of streets, the widths of easements and the
approximate grades of streets where they exceed 8%.
(4)
The layout of lots, including dimensions, number and
building lines.
(5)
Parcels of land to be dedicated or reserved for schools,
parks, playgrounds or other public or community use.
(6)
Key plan, legends, notes, graphic scale, north point
and date.
(7)
A draft of any proposed deed covenants.
D.
An engineering 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.
(3)
A report on the feasibility of connection to the existing
sewerage system, including distances to the nearest public sewer,
service load of the subdivision and the capacity of the treatment
plant.
Preliminary plan applications shall be reviewed
in accordance with the following procedures:
A.
The Planning Commission shall forward one copy each
of the preliminary application to the County Planning Commission,
the Municipal Engineer and the Pennsylvania Department of Environmental
Resources. The Planning Commission shall not forward its recommendation
on the preliminary application until reports from each of these agencies
have been received, or until the expiration of 30 days from the date
the copies of the preliminary application were forwarded to said agencies.
B.
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 30 days of the scheduled meeting at
which the application is first reviewed.
C.
The Council shall, after receiving the recommendation
of the Planning Commission, render its decision and communicate it
to the applicant not later than 90 days following the date of the
first regular monthly meeting of the Planning Commission following
the filing of the application.
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 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 the 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 shall approve or disapprove of the
preliminary application at a public meeting.
Final application shall include seven prints
and one reproducible copy of the final plat and a certificate of completion
of improvements as required below. The final plat shall be drawn at
a scale no smaller than 50 feet to one inch 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
Recorder of Deeds of the 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.
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 numbers and street names.
No plats shall be finally approved unless all
improvements required by this chapter have been installed in strict
accordance with this chapter or a guaranty that the improvements will
subsequently be installed by the owner, in the form of a bond or deposit
of funds or securities in escrow which are acceptable to the Council
and are in an amount sufficient to cover the cost of the improvements
which may be required, has been deposited with the Borough. Such bond
or other security shall provide for and secure to the public the completion
of all declared improvements within a period of five years from the
date of final approval of the plat.
The Council, after receiving the recommendation
of the Planning Commission, shall render its decision and communicate
it to the applicant, as required by law, no later than 90 days after
the first regular monthly meeting of the Planning Commission following
the filing of the application.
A.
When a preliminary application has been duly approved,
the applicant shall be entitled to final approval in accordance with
the terms of the approved preliminary application.
B.
Upon final approval, the applicant may commence and
complete the approved development in accordance with the terms of
such approval within three years from such approval. Where final approval
is preceded by preliminary approval, the three-year period shall be
counted from the date of the preliminary approval.
Upon the approval of a final plat, the developer
shall, within 90 days of such final approval, record such plat in
the office of the Recorder of Deeds of Allegheny County.
When the plans of streets and other improvements
have been approved as provided in this chapter, the subdivider shall
first notify the 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 any such construction or installation
shall commence so as to give the Engineer an opportunity 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 a part of 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, present a certified check or money
order made payable to the Council in an amount equal to 110% of the
Engineer's estimate of the cost of the improvements.
Prior to any street or other improvement being
accepted by the municipality as hereinafter provided, the developer
shall post a maintenance bond and/or other security naming the same
municipality as obligee in an amount set by the Municipal Engineer
and in terms acceptable to the Municipal Solicitor, to insure maintenance
of said improvements for a period of not less than 18 months from
the date of acceptance by the municipality.
After streets and improvements have been installed
and constructed pursuant to the requirements contained in this chapter,
and in the event that the developer desires to have the municipality
accept said streets or improvements, the developer shall notify the
Municipal Engineer that the construction or installation has been
completed and shall supply the municipality with one reproducible
copy of the as-built plan on which the street or improvement in question
has been constructed or installed. The reproducible copy shall show
thereon the signatures of all agencies and individuals who have approved
the plan and contain a notice thereon as to where and when the plan
was recorded in the Office of the Recorder of Deeds of Allegheny County.
The portion of street or improvement which the developer desires to
have the municipality accept shall be identified on the copy of the
plan, which plan shall also clearly designate the number of linear
feet of said street or improvement which the subdivider desires to
be accepted by the municipality.
