Prior to filing an application for preliminary approval, a developer
may appear before the Planning Commission for a preapplication conference
to discuss the applicable regulations governing subdivision, consolidation
or land development of the property and the feasibility and timing
of the application. The preapplication conference is voluntary and
no formal application or fee is required. This opportunity is afforded
to the developer to obtain information and guidance before entering
into binding commitments or incurring substantial expenses for plan
preparation.
A.
The applicant for preliminary approval of a subdivision, consolidation or land development shall file its application with the Borough on a form provided by the Borough at least 14 working days prior to the regular meeting of the Planning Commission. The preliminary application shall not be considered to be complete and properly filed unless and until all items required by § 212-9 of this chapter, including the application fee, have been received. The Borough Engineer shall determine the completeness of an application and its official filing date.
B.
Upon receipt, copies of the application shall be distributed to each
member of the Planning Commission and to the Borough Engineer for
review. Copies also may be referred to any other appropriate official,
employees and agents of the Borough or review agency at the request
of the Planning Commission.
A.
Required content. Applications for preliminary approval shall include
the following:
(1)
Completed application form supplied by the Borough, seven copies;
(3)
Preliminary plat (10 copies), containing the following information:
(a)
A boundary and topographical survey of the total proposed subdivision,
consolidation or land development prepared by a Pennsylvania-registered
land surveyor. If the developer intends to develop a tract of land
in phases, the preliminary plat must include the total tract.
(b)
The proposed name of the subdivision, consolidation or land
development.
(c)
The name, address and phone number of the surveyor who prepared
the plat and the registered surveyor who did the survey shown on the
plat.
(d)
The names, addresses and phone numbers of the developer and,
if the developer is not the landowner, the names, addresses and phone
number of the landowner.
(e)
The proposed street layout in the subdivision, consolidation
or land development. The plan must also include profiles and typical
cross sections.
(f)
The layout of lots (showing scaled dimensions), lot numbers
and the area of lots in square feet.
(g)
Parcels of land proposed to be reserved for schools, parks,
playgrounds or other public, semipublic or community purposes.
(h)
The legend and notes.
(i)
Front building lines.
(j)
The graphic scale, North point and date.
(k)
A location map showing the subdivision, consolidation or land
development name and location; major existing thoroughfares related
to the subdivision, consolidation or land development, including the
distance therefrom, title, graphic scale and North point.
(l)
Contours of an interval elevation of not greater than five feet.
(m)
Existing streets and rights-of-way on or adjoining the site,
including dedicated widths, roadway widths, approximate gradients,
types and widths of pavements, curbs, sidewalks and other pertinent
data.
(n)
Existing and proposed easements, locations, widths and purposes.
(o)
Proposed public improvements. The size of each should be shown
and the location of, or distance to, each existing utility indicated.
(p)
The existing platting of land adjacent to the subdivision, consolidation
or land development. All existing structures, buildings, sewers, water
mains, culverts, petroleum or high-pressure gas lines and fire hydrants
within 100 feet of the subdivision, consolidation or land development
shall be shown.
(q)
Adjoining property owners' names, addresses and lot and
block numbers to be shown.
(r)
Tabulation of site data, including total acreage of land to
be developed, the number of residential lots, typical lot size, the
acreage in the subdivision, consolidation or land development and
the acreage in any proposed recreation areas.
(s)
Existing watercourses and other significant natural features.
(t)
Areas subject to periodic flooding.
(u)
Zoning districts to be shown.
B.
Certification of water systems. 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, consolidation or land development,
the developer shall submit evidence that the subdivision, consolidation
or land development is to be supplied by a certified public utility,
a bona fide cooperative association or lot owners, or by a municipal
corporation, authority 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. When water is to be provided by a centralized
private water system serviced by a well, the developer shall submit
a letter from the Pennsylvania Department of Environmental Protection
approving a well site. Fifteen copies of such evidence shall be submitted.
All water systems shall comply with all other requirements of this
chapter.
C.
Additional requirements for certain applications. For all applications
which propose a subdivision, consolidation or land development for
one or more single-family houses, multifamily housing or commercial
or industrial purposes and for all other applications where the Borough
Engineer deems the same necessary, the following information also
shall be required to be submitted as part of the preliminary application:
(1)
A geologic report by a qualified registered professional engineer
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, and to classify
soil and determine slope stability.
(2)
A copy of a report from the U.S. Soil Conservation Service concerning
soil conditions and water resources.
(3)
A 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[1] and Chapter 102 of the Rules and Regulations of the Pennsylvania
Department of Environmental Protection governing erosion control.
The Allegheny County Conservation District shall approve the plan
before the Borough gives final approval.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
(4)
A report evaluating the impact of the development on existing off-site
streets and other off-site public facilities and utilities, including,
but not limited to, storm sewers, sanitary sewers, parks and schools.
(5)
A land development plan, as defined by this chapter, which includes
the following information:
(a)
The zoning classifications of the area to be developed.
(b)
The proposed use, location, area, height and bulk of all proposed
structures.
(c)
The layout of parking areas and a computation of the number
of parking spaces to be provided including handicap stalls, signage,
fire lanes, with dimensional information.
(d)
Traffic study and structural analysis. Preparation of a traffic
study and structural analysis is required for all applications which
propose 25 or more dwellings, 10,000 or more square feet of gross
floor area of a building or buildings, or any other development that
will generate 300 or more trips per day. The traffic study shall conform
to the standards and conditions set forth by the Institute of Transportation
Engineers (ITE). A professional engineer having current registration
in Pennsylvania shall prepare a structural analysis, and a lab currently
certified by the State of Pennsylvania shall perform all of the required
material testing.
(e)
Location, size and specifications for private improvements such
as curbs, sidewalks, wheelstops and the like.
(f)
Location and specifications for lighting of parking areas and
walkways.
(g)
A landscaping plan for the site prepared by a Pennsylvania-licensed
landscape designer or site planning professional to include the location
and types of proposed landscaping materials.
(h)
Dates of preparation and revisions to the plan.
(i)
Evidence of preparation by a registered architect, landscape
architect, engineer or land surveyor.
(k)
A sewer and water study of the proposed development. The study
shall include at a minimum an analysis of the proposed manner in which
the water and sewer needs of a development/subdivision will be met,
including methods of transmission/collection, treatment methods, capacities,
service area, improvements required to maintain acceptable levels
of service, and phased construction schedule/plan if required for
the development/subdivision.
(l)
A PennDOT highway occupancy permit shall be required from the
Pennsylvania Department of Transportation for any driveway access
to a state highway, and a Borough driveway occupancy permit shall
be required from the Emsworth Borough Council for any driveway access
to a Borough road prior to plan approval.
(m)
Outdoor storage facilities including bulk trash containers and
material storage.
D.
Mobile home park design standards and requirements. The requirements for certain applications under Subsection B shall apply to mobile home park subdivisions or developments. The following additional standards shall also apply to mobile home developments:
(1)
Specific design standards.
(a)
Site location. A mobile home park shall be located on land having
a reasonably flat terrain (having an average slope of 8% or less).
The land area shall be free from swamps, marshes, floodplains, garbage,
excessive noise, smoke or other elements generally considered detrimental
to residential development. The location shall be free from flooding
by a one-hundred-year flood and shall have access to public roads.
(b)
Placement of mobile homes. Each mobile home shall be required
to be provided with anchors and tie-downs which are able to sustain
a total tensile load equal to four times the weight of the particular
mobile home. Each mobile home shall have skirting around the base
between the bottom of the exterior and the ground. The length of each
mobile home unit shall be parallel with the contour of the land so
that no end of the unit is elevated higher than the other from the
ground. The minimum size requirement for a mobile home park shall
be two acres.
(c)
Mobile home lot requirements. Lot area, dimension, setback and
coverage shall meet with the approval of the Planning Commission and
meet the following minimal requirements:
[1]
Minimum lot area: 5,200 square feet per lot.
[2]
Minimum lot width: 45 feet.
[3]
Minimum setback from other homes and buildings: 30 feet.
[4]
Minimum setback from streets, paved areas, common areas: 30
feet.
[5]
Maximum lot coverage by buildings/structures: 30%.
[6]
On a permanent or block foundation.
[7]
Connected to public water.
[8]
Connected to sanitary sewer.
(d)
Buffer areas. All mobile home parks projected to contain 10
or more units at full build-out shall be bounded by a buffer area
with a minimum of 35 feet depth as measured at right angles to the
tract boundary lines. This space shall be used for no other purpose
but landscaping, except where access roads cross it. All mobile home
parks projected to contain less than 10 units at full build-out shall
be bounded by a buffer area with a minimum of 10 feet in depth as
measured at right angles to the tract boundary lines. This space shall
be used for no other purpose but landscaping, except where access
roads cross it. Buffer areas shall be landscaped and consist of at
least 50% evergreens. All landscaping shall be at least three feet
in height at the time of planting.
(e)
Recreation areas. A mobile home park shall be provided with
a recreation area for mobile home residents. The recreation area shall
be no less than 5% of the total area of the park. Such an area shall
be appropriately developed with recreation facilities and easily accessible
to all homes in the park and shall be subject to approval from the
Planning Commission.
(f)
Utilities. All utilities serving mobile home lots shall be placed
underground in accordance with the requirements of the respective
utility companies. Each mobile home in the park shall be served by
public water and sewerage or approved central water and sewerage systems
as well as with electric and other utilities.
(g)
Drainage. Storm drainage from roofs and paved areas shall be
channeled to natural drainagecourses and away from adjoining properties
and public roads. Trees and shrubbery shall be maintained on the property
of the mobile home park and on every lot within the park for absorption
of water runoff and hence for flood protection. Storm drainage shall
also be handled according to the requirements prescribed by the Borough
Engineer and/or in Borough Stormwater Management Ordinance No. 940[3] or as required by DEP.
(h)
Refuse storage. A mobile home park shall require a dumpster
located on a concrete pad in accordance with any Borough regulations
pertaining to garbage and other solid wastes.
(i)
Sewerage systems. Each mobile home lot shall be provided with
at least a four-inch-diameter vertical riser pipe, which connects
the mobile home sewage drain outlet to the sewer line. Provision shall
be made for plugging the sewer riser pipe when a mobile home does
not occupy the lot. Surface drainage shall be directed away from the
riser. The rim of the riser pipe shall extend at least six inches
above ground elevation.
(j)
Water systems. Each mobile home lot shall have a water riser
pipe with a minimum inside diameter of 3/4 inch, which connects the
mobile home water supply to the central water system. An outside hose
bib shall be supplied for each mobile home.
(k)
Parking areas. Two off-street parking spaces shall be provided
for each mobile home. All parking spaces for mobile home lots shall
be paved and according to the Borough Construction Standards Ordinance.
(l)
Ingress and egress. Access points to public streets from a mobile
home park shall be located no less than 60 feet from any public street
intersection. Streets within the mobile home park to be offered for
municipal dedication shall be constructed to the Borough Construction
Standards Ordinance except that one-way streets shall be allowed,
provided access by fire and other emergency vehicles is not impaired
and provided the street plan is reviewed and accepted by the Borough.
All streets within mobile home parks, whether offered for municipal
dedication or not, shall conform to the following:
[1]
General requirements. A safe and convenient vehicular access
shall be provided from abutting public streets or roads.
[2]
Access. The entrance road connecting the park streets with a
public street or road shall have a minimum cartway width of 24 feet.
Wherever a street intersects a public street, a stop sign shall be
installed and maintained in accordance with Borough regulations.
[3]
Illumination. In accordance with the conditions to be agreed
upon by the subdivider, the Borough Council and the appropriate public
utility, streetlights are required to be installed in all subdivisions.
The subdivider shall be responsible for making the necessary arrangements
with the applicable agencies, and whether or not streetlights are
initially installed, the subdivider shall be responsible for providing
utility easements for future streetlighting installations.
(m)
Street signs. Street identification signs shall be provided
for all streets at every intersection in the mobile home park. Such
signs shall be purchased by the developer and installed by the developer,
and approved by Borough Council. No street name shall be permitted
that is a duplicate or sounds similar to another street in Emsworth
Borough.
(n)
Snow removal. A mobile home park shall be provided with adequate
snow removal by the land owner/developer.
(o)
Roads maintenance. Roads within mobile home parks which are
not offered for public dedication shall be maintained by the landowner/developer.
A.
Planning commission recommendation.
(1)
At the first regular meeting of the Planning Commission after the
date of filing of a preliminary application, the Planning Commission
shall consider the preliminary application. Within 30 days of the
date of filing of the preliminary application, the Borough Engineer
shall submit a report to the Planning Commission which states whether
an application complies with the requirements of this chapter and
that report shall be made a part of the record at the Planning Commission
meeting.
(2)
Within 45 days of the date of filing of the application, the Planning
Commission shall make a written recommendation to Borough Council
for approval or disapproval of the preliminary application. The recommendation
of the Planning Commission shall provide reasons for the recommendation
and, in the case of a recommendation for disapproval, shall cite the
specific requirements of this chapter or other Borough ordinance,
in accordance with applicable provisions of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Borough council action.
(1)
Within 90 days of the date when the preliminary application is accepted
as administratively complete, Borough Council shall either approve
or disapprove the preliminary application at a public meeting. The
recommendation of the Planning Commission and the report of the Borough
Engineer shall be made a part of the record at that meeting. The Borough
shall not grant any preliminary or final subdivision or land development
approval until the county report is received or until the expiration
of 30 days from the date the application was forwarded to the county.
(2)
A letter indicating approval or disapproval shall be sent to the
applicant by regular mail within 15 days of the date of the decision.
If the preliminary application is not approved, Borough Council shall
specify the defects found in the preliminary application and cite
the requirements of this chapter or other Borough ordinances, in accordance
with applicable provisions of the MPC.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
After a preliminary application has been approved by Borough Council,
the developer may proceed to file an application for final plat approval
with the Borough at least 14 working days prior to the regular meeting
of the Planning Commission. A copy of the approved preliminary plat
shall accompany the final application.
B.
Upon receipt, copies of the final application shall be distributed
to the Borough Engineer, members of the Planning Commission, Borough
Council, and other applicable officials, employees or agents of the
Borough.
Applications for final approval shall include the following:
A.
Completed application form supplied by the Borough (15 copies);
C.
Copy of the approved preliminary plat (one copy);
D.
Construction plans (10 copies) for public and private improvements
prepared by a Pennsylvania-registered engineer or registered land
surveyor drawn on sheets measuring 24 inches by 36 inches and maximum
scale shall be no greater than one inch equals 50 feet which show
the following:
(1)
Conformity with the design standards specified in Article V of this chapter and the Borough's Minimum Construction Standards Ordinance.
(2)
Plans in profile of each street in the plan and at least 200 feet
beyond the limits of the plan.
(3)
At least three cross sections at intervals not to exceed 100 feet
and extending 50 feet on each side of the street center line or 25
feet outside of the street right-of-way, whichever is greater.
(4)
All drainage easements over private property.
(5)
The location of all necessary sewers, manholes and catch basins,
stormwater outfalls and its course to receiving water.
(6)
The top and invert elevation of each inlet and manhole, together
with the grade of each sewer line.
(7)
The grade line, distance and pipe size of each line in the storm
drainage system within the plan and any storm drainage system immediately
adjacent thereto.
(8)
All pipe sizes, bearings and distances shown by plan and profile.
E.
Performance security to guarantee proper installation of public and private improvements as required by § 212-14 of this chapter;
F.
Final covenants and restrictions applicable to the plan, if any;
and
G.
Final plat (15 copies) in accurate and final form for recording which
clearly delineates the following:
(1)
Accurate boundary line, with dimensions and bearings;
(2)
Accurate locations of all existing and recorded streets intersecting
the boundaries of the tract of land described in the final plat;
(3)
Street names;
(4)
Complete curve data for all curves included in the final plat;
(5)
Street lines with accurate dimensions in feet and hundredths of feet,
with angles to at least the nearest one minute of street and lot lines;
(6)
Lot numbers, dimensions and lot and block number;
(7)
Easements for public and private improvements and any limitations
on such easements;
(8)
Accurate dimensions and area of any property to be reserved for public,
semipublic or community use;
(9)
Location, type and size of all monuments and lot markers in accordance
with the standards and requirements of the County Planning Commission;
(10)
The name of the subdivision, consolidation or land development;
(11)
The names and addresses of the developer, phone number and,
if the developer is not the landowner, the name, address and phone
number of the landowner;
(12)
The North point, graphic scale and date;
(13)
Certification by a Pennsylvania-registered professional engineer
or Pennsylvania-registered surveyor (according to specific provisions
of MPC 503.1[1]) to the effect that:
(a)
The plat represents a survey made by him, or her and that all
monuments indicated thereon actually exist and their location, size
and material are correctly shown; and
(b)
All engineering requirements of this chapter have been fully
complied with.
[1]
Editor's Note: See 53 P.S. § 10503.
(14)
Final building lines; and
(15)
The indentures, acknowledgements and endorsements in the form
provided in Section 3.5.3 of the Allegheny County Subdivision and
Land Development Ordinance as determined applicable by the Borough
Engineer.
H.
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,
consolidation or land development, the developer shall submit evidence
that the subdivision or land development is to be supplied by a certified
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. When water is to be
provided by a centralized private water system serviced by a well,
the developer shall submit a letter from the Pennsylvania Department
of Environmental Protection approving a well site. Fifteen copies
of such evidence shall be submitted. All water systems shall comply
with all other requirements of this chapter.
A.
Approval.
(1)
At the first regular meeting of the Planning Commission following
preliminary approval of the application and submission of the final
application, the Planning Commission shall consider the application
for final approval. Within 30 days of the date of filing of the final
application, the Borough Engineer shall submit a report to the Planning
Commission which states whether the application complies with the
requirements of this chapter and that report shall be made a part
of the record at the Planning Commission meeting. The Planning Commission
shall not make a recommendation on the application until the report
of the Borough Engineer has been received.
(2)
Within 45 days of the date of the application being filed, the Planning
Commission shall make a recommendation, in writing, to Borough Council
for approval or disapproval of the final application. The recommendation
of the Planning Commission shall provide reasons for the recommendation
and, in the case of a recommendation for disapproval, shall cite the
specific requirements of this chapter which have not been met, in
accordance with applicable provisions of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(3)
Within 45 days of the date of the Planning Commission's recommendation,
Borough Council shall either approve or disapprove the final application
at a public meeting. The Planning Commission's recommendation
and the report of the Borough Engineer shall be made a part of the
record at that meeting.
(4)
A letter indicating approval or disapproval shall be sent to the
applicant by regular mail within 15 days of the date of the decision.
If the final application is not approved, Borough Council shall specify
the defects found in the final application and cite the requirements
of this chapter which have not been met, in accordance with applicable
provisions of the MPC.[2]
[2]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Phased approval.
(1)
In the case where development of a subdivision, consolidation or
land development is projected over a period of years, the Borough
authorizes submission of final applications by sections or phases
of development, subject to such requirements or guarantees for public
improvements in future sections or phases of the development which
are essential for the protection of the public welfare and any existing
or proposed section or phase of the plan.
(2)
All sections or phases must conform to the preliminary application as previously approved by the Borough. Any phase that contains substantive changes in the number of lots or buildings proposed or in the layout of the lots, buildings or streets previously approved in the preliminary application will require complete resubmission of the preliminary application in accordance with §§ 212-8, 212-9 and 212-10 of this chapter.
A.
Prior to the granting of final approval by the Borough Council, the
developer shall either complete all improvements required by this
chapter or deliver to the Borough performance security in the amount
of 110% of the cost to complete all improvements required by this
chapter. Annually, the Borough may adjust the amount of the performance
security by comparing the actual cost of the improvements which have
been completed and the estimated cost for completion of the remaining
improvements as of the expiration of the 90th day after either the
original date scheduled for completion or a rescheduled date of completion.
Subsequent to said adjustment, the Borough may require the developer
to post additional security in order to assure that the performance
security equals 110%. Any additional security shall be posted by the
developer in accordance with this section.
B.
The amount of performance security required shall be based upon an
estimate of the cost of completion of the required improvements, submitted
by the developer and prepared by a professional engineer licensed
as such in the commonwealth and certified by such engineer to be a
fair and reasonable estimate of such cost. The Borough, upon recommendation
of the Borough Engineer, may refuse to accept such estimate for good
cause shown. If the developer and the Borough are unable to agree
upon the estimate, then the estimate shall be recalculated and recertified
by another professional engineer licensed as such in this commonwealth
and chosen mutually by the Borough and the developer. The estimate
certified by the third engineer shall be presumed fair and reasonable
and shall be the final estimate. In the event that a third engineer
is so chosen, fees for the services of said engineer shall be paid
equally by the Borough and the developer.
C.
If the developer requires more than one year from the date of posting
of the performance security to complete the required improvements,
the amount of the performance security may be increased by an additional
10% for each one-year period beyond the first anniversary date from
posting of the performance security or to an amount not to exceed
110% of the cost of completing the required improvements as reestablished
on or about the expiration of the preceding one-year period by using
the above procedure.
A.
Before granting final approval, Borough Council shall require that
the developer execute a development agreement with the Borough, in
a form acceptable to the Borough Solicitor, containing provisions
that are reasonably required to guarantee the proper installation
of on-site and off-site improvements related to the subdivision, consolidation
or land development and any performance or maintenance security to
be provided in connection therewith.
B.
Said agreement shall be executed, the required performance security
shall be posted and all required fees shall be paid before the Borough
Secretary shall sign and affix the Borough Seal to the final plat
for recording purposes.
Approval of final plats by Borough Council shall be contingent
upon the developer's ability to obtain all permits and necessary
approvals from other agencies including but not limited to Allegheny
County, Pennsylvania Department of Transportation (PennDOT), Pennsylvania
Department of Environmental Protection (PADEP), United States Environmental
Protection Agency (USEPA), United States Army Corp of Engineers (ACE)
or any other local, state, and federal agencies who find just cause
to disapprove the development. It shall be the developer's responsibility
to obtain all necessary approvals on the proper forms and/or letterhead
for review by the Borough of Emsworth.
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 the county in which the municipality is located.
Whenever such plat approval is required by a municipality, the recorder
of deeds of the county shall not accept any plat for recording, unless
such plat officially notes the approval of the governing body and
review by the county planning agency, if one exists.
Upon recording of the final plat in the office of the County
Recorder of Deeds, the developer shall deliver to the Borough one
reproducible Mylar and one digital set of plans to include the recorded
plan and the construction plans for public improvements.
The developer of a minor subdivision or minor consolidation may proceed simultaneously for preliminary plat and final plat approval, following the procedures set forth in § 212-13 for final plat approval. The Borough, through its Engineer, may waive, where appropriate, any of the requirements of §§ 212-11 and 212-12 of this chapter with the exception of § 212-12A, B, F and G.
Provided all requirements of Article III are met, a developer may request simultaneous preliminary plat and final plat approval of any subdivision, consolidation or land development.
