Borough of West View, PA Article IV Final Plat

§ 250-16 Conditions of application.

A. Within six months after Borough Planning Commission approval of the preliminary subdivision or land development plat, a final subdivision or land development plat and all necessary supplementary data shall be delivered to the Borough Secretary. However, an extension of time may be granted by the Borough Planning Commission upon written request. Otherwise, the plat submitted shall be considered as submission of a new preliminary plat.

B. The final plat shall conform in all respects to the preliminary plat as previously approved by the Borough Planning Commission and shall incorporate all modifications of conditions required at the time of preliminary approval.

C. The Borough Planning Commission may permit submission of the final plat in sections, each covering a reasonable portion of the entire proposed subdivision as shown on the approved preliminary plat.

D. Submission of final plats with preliminary plats is discouraged. However, a subdivider or developer may do so at his own risk. The preliminary plat must be considered first, but, at the discretion of the Planning Commission, both preliminary and final plats can be approved at the same meeting.

§ 250-17 Application requirements.

A. Application letter. A letter of application (three copies) shall be directed to the Borough Secretary by the subdivider or developer. The letter shall specify what changes, additions and deletions have been made to the information which accompanied the preliminary plat and shall identify the changes, additions or deletions requested by the Planning Commission. All required fees and drawings shall accompany the letter. Information relative to agreements or requirements not shown on the drawings shall also accompany the letter, as shall a draft of the agreement (see § 250-19). The format shall be as required in § 250-13A.

B. Copies of final plat and supplemental information. Eight copies of the final subdivision or land development plat shall be submitted to the Borough Secretary no later than five days prior to the meeting at which the plat is to be filed. The submission shall conform to the specifications as required in § 250-18 of this chapter.

C. Receipt of plat application. When the application for approval of the plat is received by the Borough Secretary, the date of receipt shall be stamped thereon.

D. Filing of final subdivision and/or development plat. At each regularly scheduled monthly meeting of the Planning Commission, the Borough Secretary shall present for filing all final subdivision and/or development plat applications received since the last scheduled monthly meeting, but no later than five days prior to the meeting. Each such application received shall be recorded in the minutes as having been filed with the Planning Commission for review.

§ 250-18 Final plat requirements.

A. Format. The final subdivision or land development plat shall conform to the format established in § 250-13A.

B. Other final plat requirements. The final plat shall show the following:

(1) The total tract boundary lines of the area being subdivided or developed with distances accurate to hundredths of a foot and bearings to 1/4 of a minute. These boundaries shall be determined by an accurate survey in the field, which shall be balanced and closed with an error of closure not to exceed one foot in 2,000 feet; provided, however, that the boundary(s) adjoining additional unplatted land of the subdivider or developer (for example, between separately submitted final plat sections) are not required to be used upon field surveys and may be calculated. The location and elevation of all boundary line (perimeter) monuments shall be indicated, along with a statement of the total area of the property being subdivided or developed. In addition, the engineer or surveyor shall certify to the accuracy of the survey, the drawn plat and the placement of the monuments.

(2) All final dimensions and bearings of street and lot lines, including radii of curves and arcs and delta angles of all curves.

(3) All final lot numbers and house numbers.

(4) All final easements and rights-of-way.

(5) Building setback lines.

(6) Appropriate spaces for written approval of said plat by the Borough Planning Commission, the Council, the County Planning Commission and the County Recorder of Deeds, and such other legal information as may be required by the current approved Borough format.

(7) The location of permanent conservation measures.

(8) All offers of dedication, and covenants governing the reservation and maintenance of undedicated open space.

(9) Such private deed restrictions, including anti-lot-reduction clauses and building setback agreements, as may be imposed upon the property as a condition to sale, together with a statement of any restrictions previously imposed which may affect the title to the land being subdivided or developed.

§ 250-19 Agreements and conditions of approval.

A. Agreements. Prior to granting final approval of a subdivision or land development plat, the Borough Council shall have the Borough Solicitor review the agreement, provided that the subdivider or developer shall complete the required improvements and incorporate in the agreement any specific matter which the subdivider or developer shall perform and which are not shown in the plans or maps, and includes therein an agreement to provide a completion bond to guarantee performance of said contracts. Said agreement, prepared by the legal counsel of the subdivider or developer, shall be executed, the proper bonds furnished and all fees paid before a final approval is granted.

B. Conditions of approval. Every approval shall be subject to the following conditions:

(1) That the developer or subdivider shall agree, in writing, in a form to be approved or prepared by the Solicitor of the Borough, that he will lay out and improve the streets and sanitary sewers and will construct all of the improvements, including necessary drainage facilities, grading, paving, curbs, gutters and other street improvements, including storm sewers. The subdivider or developer shall also erect such monuments within each development as are required by the Borough Engineer.

(2) That the developer or subdivider shall furnish a bond in such amount, under such conditions and with such approved surety as shall be required by the Borough Council, to guarantee the performance of the said contract and to secure the completion of the said improvements to the Borough, and before acceptance by the Borough, the developer or subdivider shall make all repairs necessary to restore the improvements to such a condition satisfactory to the Borough in order to relieve the Borough of expenses of restoring the improvements to their original condition.

(3) In lieu of a bond, the applicant may deposit cash or securities with the Borough, a bank or trust company, or a construction mortgage (if such construction mortgage will reserve or segregate a sufficient amount necessary from the construction funds), for the payment of the costs of such improvements to guarantee performance of said contract and to secure completion of the improvements upon an escrow agreement to be prepared or approved by the Borough Solicitor and approved by the Borough Council. The escrow agent for the deposits of such cash or securities shall be designated and selected or approved by the Borough Council.

(4) At least 30 days prior to the Borough Council's granting final approval of a plat, the subdivider or developer shall deliver to the Borough Secretary a maintenance guaranty in an amount of not less than 20% of the estimate of the cost of all improvements required by this chapter, guaranteeing that the subdivider or developer shall maintain all such improvements in good condition for a period of two years after construction is completed in accordance with this chapter or any other applicable Borough ordinance.

(5) That the developer or subdivider will notify the Borough Secretary 48 hours before the contemplated installation or performance of any work requiring the Borough's inspection.

§ 250-20 Review and action.

A. Review generally. Review shall be conducted in the same manner and by the same procedures as set forth in § 250-14 for preliminary plats.

B. Action by the Planning Commission. When all the requirements of this chapter are met and review is favorable, the Planning Commission shall authorize its Chairman to endorse the plat approved by the Planning Commission, together with the date of such action, and forward the plat to the Borough Council. If the final plat is recommended for disapproval, reasons for such action shall be explicitly stated, in writing, citing the provisions of this chapter relied upon, copies of which shall be distributed by the Secretary of the Planning Commission to the subdivider or developer and to the Borough Council.

C. Review by the Borough Council. When a final plat has been officially submitted to the Borough Council by the Planning Commission, as indicated, such plat shall be placed on the agenda of the Council for review at its next regularly scheduled meeting. At a regularly scheduled meeting, the Borough Council shall review the final plats and the written reports thereon of the Borough Planning Commission and other agencies.

D. Action by the Borough Council.

(1) Action by the Council may be favorable, finally approving the application or disapproving the application of which the plats form a part. The findings and reasons upon which the Council's action is based shall be given in writing, citing the provisions of this chapter relied upon, to the subdivider or developer within five days after the meeting at which action was taken, with appropriate notification also to the Planning Commission.

(2) The action of the Council shall be noted, together with the date of action and signatures of the Chairman and Secretary, on the final plat. Copies of the final subdivision or land development plat, with the appropriate endorsement of the Borough Council and the Planning Commission, shall be distributed as follows:

(a) Two prints and one original to the subdivider or developer.

(b) One print to the Planning Commission.

(c) One print to the Allegheny County Planning Commission.

(d) One print to be filed in the office of the Borough Secretary.

(e) One print to the North Hills School District.

(3) The Council shall render its decision and communicate it to the applicant not later than 40 days after the final plat application is filed with the Borough Planning Commission in accordance with this chapter.

(4) Failure of the Council to render a decision and communicate it to the applicant within the time and in the manner required herein shall be deemed as approval of the application in terms as presented, unless the applicant has agreed, in writing, to an extension of time or a change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in the manner of presentation of communication shall have like effect.

§ 250-21 Recording of final plat.

A. 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. Whenever 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.

B. If the subdivider fails to record the final plat within such period, the action of the Borough of West View shall be null and void unless an extension of time is granted, in writing, by the Borough upon written request by the subdivider or land developer.

C. After a plat has been approved and recorded as required by this chapter, all streets and public grounds on such plat shall be and become a part of the Official Map of the Borough of West View without a public hearing.

§ 250-22 Resubdivision procedure.

A. These regulations shall not be construed to require the subdivider to comply with resubdivision procedures in each and every case for minor shifts in lot lines because of excessive topography or similar types of development problems. For purposes of review, however, the Borough shall be solely responsible for review and approval of resubmissions involving lot line changes. If major street changes or other modifications to easements or rights-of-way are involved, the County Planning Commission shall be notified and its recommendations required.

B. Lot lines may be changed from those shown on a recorded plan, provided that in making such changes:

(1) No lot or tract of land shall be created or sold that is smaller than the minimum dimensions required by Chapter 290, Zoning.

(2) Easements reserved for drainage shall not be changed.

(3) No lot shall be created which does not abut a street.

(4) The character of the area shall be maintained.

C. In every case wherein lot lines are changed as permitted above, the subdivider shall prepare a record plan and submit said plan for the approval of the Borough Planning Commission and Borough Council, which plan shall specifically identify the previous record plan thus superseded, and shall then record the plan.

D. If street changes are also necessary, the above procedure shall be followed after comments are received from the County Planning Commission.