[Ord. 603, 12/30/1991, § 301; as amended by Ord.
850, 1/11/2016]
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 and/or
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.
[Ord. 603, 12/30/1991, § 302; as amended by Ord.
850, 1/11/2016]
1.
The applicant shall submit five minimum twenty-four-by-thirty-six-inch size and 10 eleven-by-seventeen-inch copies of the preliminary application required by § 22-303 of this chapter to the Borough at least 28 calendar days prior to the next regular meeting of the Planning Commission. If the 28th day falls on a Saturday, Sunday or holiday, the application shall be filed by the close of business on the preceding working day.
[Ord. 603, 12/30/1991, § 303; as amended by Ord.
685, 5/11/1998; by Ord. 771, 5/9/2005, § 1; by Ord. 791,
4/9/2007, §§ 1, 2; by Ord. 819, 2/13/2012; and by Ord.
850, 1/11/2016]
1.
All Applications. All applications for preliminary approval of a
subdivision or land development shall include the following:
A.
Completed application form supplied by the Borough.
D.
Planning module components, as required by the Pennsylvania Department
of Environmental Protection (DEP) for proposed amendments to the Borough
Sewage Facilities (Act 537) Plan through the creation of new building
lots or land developments or for on-lot sewer service, as applicable.
E.
A digital copy (in PDF format) of all application materials.
2.
Minor Subdivisions. The application for preliminary approval of a
minor subdivision shall additionally include the following:
A.
The preliminary plat shall contain the following information:
(1)
A boundary survey by a registered professional surveyor.
(2)
The proposed name of the subdivision.
(3)
The name and address of the registered engineer or registered
surveyor who prepared the plat and the registered surveyor who did
the survey shown on the plat.
(4)
The names and addresses of the landowner and, if the landowner
is not the developer, the names and addresses of the developer.
(5)
The legend and notes.
(6)
The graphic scale, North arrow and dates of preparation and
revision.
(7)
A location map showing the subdivision name and location; major
existing thoroughfares related to the subdivision, including the distance
therefrom; title; graphic scale; and North point.
(8)
Total acreage of land to be subdivided.
(9)
The layout of lots with accurate dimensions; lot numbers and
the area of the lots in square feet.
(10)
Front building lines; side yards and rear yards.
(11)
Existing streets and rights-of-way on or adjoining the site,
including dedicated widths, types and widths of pavements, curbs and
sidewalks.
(12)
Existing and proposed easements, locations, widths and purposes.
(13)
Existing watercourses and other significant natural features.
(14)
Areas designated as flood-prone on maps issued by the Federal
Insurance Administration.
3.
Major Subdivisions and Land Developments. The application for preliminary
approval of a major subdivision or land development shall additionally
include the following:
A.
A copy of a report based on the United States Soil Conservation Service
reports concerning soil conditions and water resources.
B.
A soil erosion and sedimentation control plan 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 and the Borough Grading Ordinance [Chapter 9]. The applicant shall also provide evidence that the plan has been submitted to the Allegheny County Conservation District for review and approval.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
C.
On sites where there is a history of adverse subsurface conditions
or where available soils information or other geotechnical data indicates
the potential for landslides, subsidence or other subsurface hazards,
the Borough Engineer shall require that a geotechnical report by a
qualified registered professional engineer shall be submitted regarding
soil and subsurface conditions and the probable measures needed, if
any, to be considered in the design of the development and its infrastructure,
the location of structures and the design of foundations.
(1)
The geotechnical report shall provide, at a minimum, the following
information. Any site-specific issues identified by the applicant's
geotechnical engineer, not specifically listed below, shall be addressed
in the geotechnical study.
(a)
Foundation bearing materials and associated settlement.
(b)
Fill embankment base preparation, support, maximum allowable
slope, suitable borrow material and compaction requirements.
(c)
Maximum allowable slope and stability of cut slopes.
(d)
Coal mining below the site, mine location and amount of cover
and measures to prevent mine subsidence, if required.
(e)
Presence and control of groundwater.
(f)
Identification of potentially expansive carbonaceous materials
or slag to be encountered in excavations and measures to prevent their
detrimental effects.
(g)
Delineation of on-site fill materials and their impact on site
development.
(h)
All areas where public infrastructure is proposed.
(2)
Geotechnical engineering reports shall be signed and sealed
by a professional engineer registered in the Commonwealth of Pennsylvania.
(3)
The Borough may require that the geotechnical engineering report
and site development drawings be reviewed by a separate geotechnical
engineering consultant selected by the Borough. The applicant required
to submit the report shall be required to pay for the cost of the
independent consultant review.
D.
A traffic study shall be required for any subdivision or land development
which will generate, on the average, 75 or more additional trips during
the adjacent roadway's peak hours.
(1)
The Borough Engineer may require a traffic study for subdivisions
or land developments generating less than 75 additional vehicle trips
during peak hours in cases where known traffic deficiencies exist
in the area of the proposed development.
(2)
The Borough may waive the traffic study requirements where the
proposed development was incorporated as part of a previously submitted
traffic study.
(3)
Prior to undertaking a traffic study, the applicant shall submit
a proposed scope of services to the Borough Engineer for review and
approval. The traffic study shall include the following, if appropriate,
as determined by the Borough Engineer:
(a)
A brief description of the proposed project in terms of land
use and magnitude.
(b)
An inventory and analysis of existing roadway and traffic conditions
in the site environs, including:
1)
Roadway network and traffic control.
2)
Existing traffic volumes in terms of peak hours and average
daily traffic (ADT).
3)
Planned roadway improvements by others.
4)
Intersection levels of service.
5)
Other measures of roadway adequacy, i.e., lane widths, traffic
signal warrants, vehicle studies, etc.
(d)
An analysis of future traffic conditions, including:
1)
Future design year, or years, with phasing, combined traffic
volumes (site traffic plus future roadway traffic).
2)
Intersection levels of service.
3)
A pavement analysis of roadways which are projected to experience
significant increases in ADT volumes off site.
4)
Other measures of roadway adequacy, i.e., lane width, traffic
signal warrants, vehicle delay studies, etc.
5)
When access is onto a state road, the analysis of future conditions
shall be consistent with PennDOT requirements.
(e)
A description of future levels of service and their compliance
with standards for traffic capacity of streets, intersections and
driveways. New streets shall be designed for adequate traffic capacity
defined as follows. All reference to levels of services (LOS) shall
be as defined by the Highway Capacity Manual, Special Report 209,
published by the Transportation Research Board.
1)
Traffic capacity LOS shall be based upon a future design year
which coincides with completion of the development.
2)
Unsignalized intersections or driveways which intersect streets
shall be designed for LOS C or better for each traffic movement unless
otherwise specified by the Borough.
3)
Signalized intersections shall be designed for LOS C or better.
Existing intersections impacted by development traffic shall maintain
a minimum LOS D or, if future base LOS E or F, then degeneration in
delays shall be mitigated. A future design year without the proposed
development shall be completed for comparison purposes.
4)
Streets shall be designed for a minimum LOS C.
(f)
A description and analysis of the proposed access plan and site
plan, including:
1)
Access plan including analysis of required sight distances using
PennDOT criteria and description of access roadway, location, geometric
conditions and traffic control.
2)
On-site circulation plan showing parking locations and dimensions,
loading access, circulation roadway, pedestrian circulation and traffic
control.
(g)
Traffic circulation mitigating action plan shall include:
1)
Project features relative to site access and on-site circulation
which could be modified to maximize positive impact or minimize negative
impact.
2)
Off-site improvement plan, depicting required roadway and signal
installation and signing improvements to meet the minimum level-of-service
requirements.
(4)
Review. Based on the scope of work for review and determination
of the complexity of the development project, the Borough may require
the traffic study to be reviewed by a traffic consultant selected
by the Borough. In such case, the applicant required to submit the
traffic study shall be required to pay for the cost of the consultant
review. No permits for construction or occupancy of a site shall be
issued until said consultant fees are paid.
E.
The preliminary plat shall clearly delineate the following:
(1)
A topographic and boundary survey by a registered professional
surveyor.
(2)
The proposed name of the subdivision.
(3)
The name and address of the registered engineer or registered
surveyor who prepared the plat and the registered surveyor who did
the survey shown on the plat.
(4)
The names and addresses of the landowner and, if the landowner
is not the developer, the names and addresses of the developer.
(5)
The legend and notes.
(6)
The graphic scale, North arrow and dates of preparation and
revision.
(7)
A location map showing the subdivision name and location; major
existing thoroughfares related to the subdivision, including the distance
therefrom; title; graphic scale; and North point.
(8)
Total acreage of land to be subdivided.
(9)
The layout of lots, with accurate dimensions, lot numbers and
the area of the lots in square feet.
(10)
Front building lines; side and rear yards.
(11)
Existing streets and rights-of-way on or adjoining the site,
including dedicated widths, types and widths of pavements, curbs and
sidewalks.
(12)
Existing and proposed easements, locations, widths and purposes.
(13)
Contours at intervals of elevation not more than five feet where
the slope is greater than 10% and at intervals of not more than two
feet where the slope is 10% or less.
(14)
The existing platting of land adjacent to the subdivision. All
existing buildings, sewers, water mains, culverts, petroleum or high-pressure
gas lines and fire hydrants on or within 200 feet of the site shall
be shown.
(15)
All existing watercourses, stream banks, tree masses and other
significant natural features with notes stating the developer's
intent to preserve, remove culvert, etc.
(16)
Areas designated as flood-prone on maps issued by the Federal
Insurance Administration.
F.
In the case of land developments, the following additional information
is required on the preliminary plat:
(1)
The zoning classification of the area to be developed.
(2)
The proposed use, location, area, height and bulk of all proposed
structures.
(3)
The layout of parking areas and a computation of the number
of parking spaces to be provided.
(4)
Patterns of pedestrian and vehicular circulation on the site.
(5)
Location, size and specifications for private improvements,
such as curbs, sidewalks, wheel stops and the like.
(6)
Location and specifications for lighting of parking areas and
walkways, including a photometric plan.
(7)
The location and types of proposed landscaping materials.
(8)
Dates of preparation and revisions to the plan.
(9)
Evidence of preparation by a registered architect, landscape
architect or engineer.
[Ord. 603, 12/30/1991, § 304; as amended by Ord.
787, 10/9/2006, § 2; and by Ord. 850, 1/11/2016]
1.
Procedure for Minor Subdivisions. In the case of minor subdivisions, as defined herein, the procedures specified in this section governing preliminary approval may be combined with the procedures of § 22-307 for final approval to accomplish preliminary and final approval in one step, provided all applicable requirements of §§ 22-303 and 22-306 for preliminary application content and final application content are met.
2.
Planning Commission Recommendation.
A.
At the first regularly scheduled meeting of the Planning Commission
after the date of filing of a preliminary application, the Planning
Commission shall consider the preliminary application.
3.
Borough Council Action.
A.
The Borough Council shall render its decision and communicate its
decision to the applicant not later than 90 days following the date
of the regular Planning Commission meeting next following the date
the application is filed, provided that, should the next regular meeting
occur more than 30 days following the date of filing, the ninety-day
period shall be measured from the 30th day following the day the application
was originally filed.
(1)
An application is considered filed with the Borough only when
the correct Borough application form is submitted in accordance with
the submission timing requirements herein and includes such information
as required by this chapter.
(2)
The decision of the Borough Council shall be in writing and
shall be mailed to the applicant at the address provided on the application
form not later than 15 days following the decision.
4.
Conditional Approval. If Borough Council determines that certain conditions are warranted to be attached to preliminary approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by § 22-304, Subsection 3, of this chapter. The applicant shall accept or reject the conditions attached to preliminary approval by giving written notice to the Borough Secretary within 30 days of the date of the meeting of the Borough Council at which preliminary approval is granted.
[Ord. 603, 12/30/1991, § 305; as amended by Ord.
850, 1/11/2016]
1.
General Procedure.
A.
After a preliminary application has been approved by Borough Council,
the developer may proceed by filing either of the following types
of applications:
(1)
A final application, including final plat approval, together
with surety to guarantee proper installation of required improvements
in the plan.
(2)
A final application without final plat approval, whereupon required
improvements are installed prior to a request for final plat approval
for recording.
B.
In either case, the applicant shall submit five minimum twenty-four-by-thirty-six-inch size and 10 eleven-by-seventeen-inch copies of the final application required by § 22-306 of this chapter to the Borough at least 28 calendar days prior to the next regularly scheduled meeting of the Planning Commission. If the 28th day falls on a Saturday, Sunday or holiday, the application shall be filed by the close of business on the preceding working day.
2.
Final Application Including Final Plat Approval. A final application shall not be considered to be complete and properly filed unless and until all items required by § 22-306 of this chapter, including the application fee, have been received.
3.
Final Applications Without Final Plat Approval. In the case of a final application which does not include final plat approval, the completion bond required by § 22-306, Subsection 1E, shall not be required; however, all other materials required to complete a final application, including the final plat required by § 22-306, Subsection 1I, shall be submitted. The application fee shall be submitted at the time of filing the initial final application, and additional fees shall not be charged at the time of the request for final plat approval, if the request for final plat approval is submitted within 12 months of the date of submission of the initial final application.
[Ord. 603, 12/30/1991, § 306; as amended by Ord.
741, 12/30/2002, § 1; by Ord. 791, 4/9/2007, §§ 3,
4, 5, 6, 7, 8, 9; by Ord. 819, 2/13/2012; and by Ord. 850, 1/11/2016]
1.
All applications for final approval of a subdivision and/or land
development shall include the following:
A.
Completed application form supplied by the Borough.
C.
Copy of the approved preliminary plat and evidence of approval or
submission of all required permits from Allegheny County, the Commonwealth
of Pennsylvania and/or the United States government, including, but
not limited to, highway occupancy permits and sewer planning module
components.
D.
Construction plans for public improvements, prepared by a registered
professional engineer, which show the following:
(1)
Conformity with the design standards specified in Part 6 of this chapter and the Borough construction standards.
(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 designated with bearings and distances.
(5)
The final location of all sewers, manholes and catch basins.
(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 and distances shown by plan and profile.
(9)
The location of each "Y" as proposed for installation.
E.
Completion bond to guarantee proper installation of public improvements as required by § 22-310 of this chapter.
F.
Final covenants and restrictions applicable to the plan, if any,
subject to review and comment by the Borough Solicitor prior to final
approval by Borough Council.
G.
The final plat shall be in accurate and final form for recording,
which clearly delineates the following:
(1)
The name of the subdivision.
(2)
The names and addresses of the developer and, if the developer
is not the landowner, the names and addresses of the landowner.
(3)
The North point, graphic scale and date.
(4)
Accurate boundary lines of the tract described in the final
plat and lot lines with accurate dimensions and bearings.
(5)
Lowest floor elevation, including basement, on all lots.
(6)
Accurate locations of all existing and recorded streets intersecting
the boundaries of the tract of land described in the final plat.
(7)
Street names, subject to approval by the Borough's Emergency
Management Coordinator and the Post Office.
(8)
Street center lines with accurate dimensions and bearings.
(9)
Easements for public improvements and public purposes, with
distances, bearings and/or tie-in dimensions and any limitations on
such easements.
(10)
Complete curve data for all curves included in the final plat,
including radius, arc length, chord bearing and chord distance. Lines
that join these curves that are nonradial or nontangential should
be so noted.
(11)
Street lines with accurate dimensions in feet and hundredths
of feet.
(12)
Lot numbers and lot areas.
(13)
Final building lines.
(14)
Disclosure statements regarding the presence of floodplains,
wetlands or gas wells on the development site and implications for
the proposed development.
(15)
Disclosure statement regarding the findings of a geotechnical
or soils report, if any, and the implications for the proposed development.
(16)
Easements for public improvements and any limitations on such
easements.
(17)
Accurate dimensions of any property to be reserved for public,
semipublic or common use.
(18)
Location, type and size of all monuments and lot markers in accordance with the requirements of § 22-501 of this chapter and an indication of whether they were found or set. State plane coordinates shall be provided for all subdivisions of three or more lots.
(19)
A statement of the substance and date of any modifications granted
to the Subdivision and Land Development Ordinance requirements and/or
the substance and date of any variances granted to the Borough Zoning
Ordinance requirements.
(21)
Certification of the dedication of streets and other property.
(22)
A place on the plat for approval by the Planning Commission,
Borough Council, Borough Engineer and the Allegheny County Department
of Economic Development.
(23)
The following clause to provide for the date of delivery of
a plat that complies with all conditions attached to final approval:
|
This plat was delivered to [name of landowner or beneficial
landowner] by the Borough of Jefferson Hills this _____ day of _________________,
20__.
| ||
|---|---|---|
|
| ||
|
Borough Secretary
| ||
(24)
If applicable, a notation on the plat that access to a state
highway shall only be authorized by a highway occupancy permit issued
by the Pennsylvania Department of Transportation under § 420
of the State Highway Law (P.L. 1242, No. 428, of June 1, 1945).
(25)
Copies of applications to PennDOT and/or the Allegheny County
Department of Public Works for curb cuts onto state or county roads,
if applicable.
(26)
Evidence of application to the Allegheny County Conservation
District for an erosion and sedimentation control plan and an NPDES
permit, if required by law.
(27)
Evidence of application for any other applicable county, state
or federal permits.
H.
In the case of a land development, as defined by this chapter, which is proposed on a lot which is part of a recorded plat, the final plat required by Subsection 1G shall not be required, provided a final land development plan, as defined by this chapter, is presented which contains, at a minimum, the following information:
(1)
A property survey, prepared by a registered surveyor, clearly
delineating the boundaries of the lot with accurate dimensions, including
reference to the lot number and plan name and the plan book volume
and page number where the plan is recorded, or, in the case of a lot
of record that is not part of a recorded plan, the deed book volume
and page number.
(2)
North point, graphic scale and date of preparation and dates
of all revisions.
(3)
The name and address of the registered surveyor or registered
engineer who prepared the plan.
(4)
The names and addresses of the developer and, if the developer
is not the landowner, the names and addresses of the landowner.
(5)
Existing and proposed contours.
(6)
Location of existing structures with a notation for those to
be removed and location and dimensions of proposed structures.
(7)
Location and dimensions of yards and evidence of compliance with all other applicable requirements of the Borough of Jefferson Hills Zoning Ordinance [Chapter 27].
(8)
Feasibility of proposals for disposition of stormwater and sanitary
waste.
(9)
A landscaping plan showing the type, size and location of all
landscaping materials and the recommended method of planting, prepared
by a registered landscape architect in the case of development sites
comprised of five acres or more or prepared by a member of the American
Nurseryman's Association for development sites of less than five
acres.
(10)
Traffic circulation on the site, ingress and egress to and from
the site and the layout of proposed parking and loading areas.
(11)
A place on the plan for approval by the Borough Planning Commission,
Borough Council and Borough Engineer.
(12)
A place on the plan for approval by the Allegheny County Department
of Economic Development, if required by the Allegheny County Subdivision
Regulations.
I.
Fees.
(1)
In addition to the application review escrow deposit due at
the time of filing the final application, final approval shall be
subject to payment of the following fees, as established from time
to time by resolution of Borough Council, if applicable:
(2)
Proper officers of the Borough are not authorized to sign the
final plat for recording unless and until all of these fees are paid.
[Ord. 603, 12/30/1991, § 307; as amended by Ord.
850, 1/11/2016]
1.
Final Applications Including Final Plat Approval.
A.
At the first regular meeting of the Planning Commission following
submission of the final application, the Planning Commission shall
consider the final application. The Borough Engineer shall present
an oral report at the Planning Commission meeting which states whether
the application complies with the requirements of this chapter, and
that report shall be included in the minutes of the Planning Commission
meeting.
B.
The Borough Council shall render its decision and communicate its
decision to the applicant not later than 90 days following the date
of the regular Planning Commission meeting next following the date
the application is filed, provided that, should the next regular meeting
occur more than 30 days following the date of filing, the ninety-day
period shall be measured from the 30th day following the day the application
was originally filed.
C.
An application is considered filed with the Borough only when the
correct Borough application form is submitted in accordance with the
submission timing requirements herein and includes such information
as required by this chapter.
D.
The decision of the Borough Council shall be in writing and shall
be mailed to the applicant at the address provided on the application
form not later than 15 days following the decision.
2.
Final Applications Without Final Plat Approval. Final applications without final plat approval shall be approved or disapproved in accordance with the procedures specified in § 22-307, Subsection 1, for final applications including final plat approval. If the developer's final application without final plat approval has been approved and the developer has obtained all necessary permits and approvals from the Borough and county, state or federal agencies, if any are required, the developer may proceed to construct improvements as indicated in the final application 72 hours after the developer has notified the Borough Engineer by certified mail. The Borough Engineer shall then authorize the progress inspections required by § 22-401 of this chapter. The installation of all improvements shall be subject to the progress inspections required by § 22-401.
3.
Final Plat Approval After Completion of Improvements.
A.
Upon completion of the improvements contained in the final application, the developer shall notify the Borough, in writing, of the completion and shall submit five copies of the final plat, as required by § 22-306, Subsection 1G, of this chapter, with the notice of completion. Within 10 days of the receipt of the notice of completion and submission of the final plat, Borough Council shall authorize the Borough Engineer to inspect the improvements and review the final plat to determine whether the final plat is in conformance with the previously approved final application and all applicable requirements of this chapter and whether the proper officers of the Borough can affix their signatures to the final plat for recording purposes.
B.
Within 30 days of receiving such authorization, the Borough Engineer
shall report to Borough Council, in writing, whether the completed
improvements comply with the requirements of this chapter and the
Borough construction standards and whether the final plat complies
with all applicable requirements of this chapter. The Borough Engineer's
report shall indicate approval or rejection of the improvements, either
in whole or in part, and, in the case of rejection, shall contain
a statement of reasons for such rejection.
C.
Within 45 days of receipt of the notice of completion of improvements, Borough Council shall notify the developer, in writing, by certified or registered mail, of the approval or rejection of the improvements. Acceptance of the improvements shall be in accordance with the requirements of § 22-405 of this chapter and shall be further subject to the posting of the maintenance bond required by § 22-406 of this chapter.
D.
Within 45 days of the submission of the final plat, Borough Council
shall either approve or disapprove the final plat for recording purposes
at a public meeting. The Borough Engineer's written report shall
be made a part of the record at that meeting. A letter indicating
approval or disapproval shall be sent to the developer by regular
mail within 15 days of the date of the decision. If the final plat
is not approved, Borough Council shall specify the defects found in
the final plat and shall cite the requirements of this chapter which
have not been met.
4.
Conditional Approval. If Borough Council determines that certain conditions are warranted to be attached to final approval to protect the public interest and guarantee compliance with the requirements of this chapter, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by § 22-307, Subsection 1, of this chapter. The applicant shall accept or reject the conditions attached to final approval either by giving written notice to the Borough Secretary or by executing the development agreement required by § 22-312 of this chapter within 30 days of the date of the meeting of the Borough Council at which final approval is granted. If the applicant fails to give written notice to the Borough regarding acceptance or rejection of the conditions attached to final approval within the required 30 days, final approval shall automatically be rescinded without written notice to the applicant.
5.
Phased Approval.
A.
In the case where development of a subdivision 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.
B.
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 §§ 22-302, 22-303 and 22-304 of this chapter.
[Ord. 603, 12/30/1991, § 308]
1.
The Borough may offer the mediation option as an aid in completing
the proceedings authorized by this Part. Mediation shall supplement,
not replace, those procedures in this Part once they have been formally
initiated. Nothing in this section shall be interpreted as expanding
or limiting Borough police powers or as modifying any principles of
substantive law.
2.
Participation in mediation shall be wholly voluntary. The appropriateness
of mediation shall be determined by the particulars of each case and
the willingness of the parties to negotiate. In offering the mediation
option, Borough Council shall assure that in each case, the mediating
parties, assisted by the mediator as appropriate, develop terms and
conditions for:
A.
Funding mediation.
B.
Selecting a mediator who, at a minimum, shall have a working knowledge
of municipal zoning and subdivision procedures and demonstrated skills
in mediation.
C.
Completing mediation, including time limits for such completion.
D.
Suspending time limits otherwise authorized in this chapter or in
the Pennsylvania Municipalities Planning Code (Act 247, as amended);
provided, there is written consent by the mediating parties, and by
an applicant or Borough decision making body, if either is not a party
to the mediation.
E.
Identifying all parties and affording them the opportunity to participate.
F.
Subject to legal restraints, determining whether some or all of the
mediation sessions shall be open or closed to the public.
G.
Assuring that mediated solutions are in writing and signed by the
parties, and become subject to review and approval by the appropriate
decision-making body pursuant to the authorized procedures set forth
in this chapter.
3.
No offers or statements made in the mediation sessions, excluding
the final written mediated agreement, shall be admissible as evidence
in any subsequent judicial or administrative proceedings.
[Ord. 603, 12/30/1991, § 309; as amended by Ord.
787, 10/9/2006, § 3]
1.
When requested by the developer, in order to facilitate financing, Borough Council shall furnish the developer with a signed copy of a resolution indicating approval of the final plat contingent upon the developer obtaining satisfactory financial security and executing the development agreement required by § 22-312. The resolution shall specify any conditions of approval that have not been met at the time of final plat approval.
2.
The resolution shall specify a reasonable time within which the developer shall post financial security, execute the development agreement and meet outstanding conditions of approval that can be reasonably met prior to recording of the final plat. The resolution shall specify that final plat approval shall expire and shall be deemed to be revoked if financial security is not posted and the development agreement is not executed and all conditions of approval which can be reasonably met prior to recording of the final plat are not met within the time period specified. This time deadline shall constitute the time deadline for the developer to deliver an approved plat for signature by Borough Council required by § 22-314 of this chapter.
3.
The proper officers of the Borough are not authorized to sign the
plat for recording until the terms of the resolution are satisfied.
4.
Upon good cause shown, Borough Council may extend the time deadline
specified in the resolution by adoption of an amendment to that resolution,
upon written request of the developer stating the reasons for the
extension requested. Such extension shall not be unreasonably withheld.
[Ord. 603, 12/30/1991, § 310; as amended by Ord.
787, 10/9/2006, § 4]
1.
In lieu of the completion of any improvement required prior to and
as a condition for final approval of a plat, the applicant shall deposit
a completion bond, as defined by this chapter, in favor of the Borough,
in an amount equal to 110% of the cost of completion of the improvements
estimated as of 90 days following the date scheduled for completion
by the developer. Annually the Borough may adjust the amount of the
financial security by comparing the actual cost of the improvements
which have been completed and the estimated cost for the 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 financial security equals said 110%. Any additional security
shall be posted by the developer in accordance with this subsection.
2.
If water mains or sanitary sewer lines, or both, along with apparatus
or facilities related thereto, are to be installed under the jurisdiction
and pursuant to the rules and regulations of a public utility or municipal
authority separate and distinct from the Borough, financial security
to assure proper completion and maintenance thereof shall be posted
in accordance with the regulations of the controlling public utility
or municipal authority and shall not be included within the completion
bond required by this section.
3.
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements, submitted
by an applicant or developer and prepared by a professional engineer
licensed as such in this Commonwealth and certified by such engineer
to be a fair and reasonable estimate of such cost. The Borough, upon
the recommendation of the Borough Engineer, may refuse to accept such
estimate for good cause shown. If the applicant or developer and the
Borough are unable to agree upon an 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 applicant or 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 applicant
or developer.
4.
If the party posting the financial security requires more than one
year from the date of posting of the financial security to complete
the required improvements, the amount of financial security may be
increased by an additional 10% for each one-year period beyond the
first anniversary date from posting of financial security or to an
amount not exceeding 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.
[Ord. 603, 12/30/1991, § 311]
1.
In any subdivision or land development where private improvements are required to be installed by this chapter or by the Borough Zoning Ordinance, the developer shall be required to post an amenities bond, as defined herein, to guarantee the proper installation of the required private improvements in accordance with the approved subdivision or land development plan. The amenities bond shall be included in the developer's agreement required by § 22-312 of this chapter. The term of the amenities bond shall be concurrent with the completion bond.
2.
The method for estimating the amount of the amenities bond and for resolving disputes regarding the amount shall be the same as that prescribed by § 22-310 of this chapter governing completion bonds. Release of the amenities bond shall be in accordance with the provisions of § 22-408 of this chapter.
[Ord. 603, 12/30/1991, § 312; as amended by Ord.
787, 10/9/2006, § 5]
1.
As a condition of 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 improvements related to the approved subdivision or land development
and provisions necessary to indemnify the Borough in connection therewith.
Said agreement shall be executed, the required completion bond shall
be posted and all required fees shall be paid before the Borough Secretary
shall affix his or her signature and the Borough Seal to the final
plat for recording purposes.
2.
The development agreement shall contain any conditions of approval
that are not met at the time of final approval.
[Ord. 603, 12/30/1991, § 313]
Approval of final plats by Borough Council shall not be binding
if county, state or federal agencies find just cause to disapprove
the development. It shall be the developer's responsibility to
obtain all necessary approvals from county, state or federal agencies.
[Ord. 603, 12/30/1991, § 314; as amended by Ord.
632, 10/11/1993, § 1; by Ord. 746, 7/14/2003 §§ 1,
2; by Ord. 787, 10/9/2006, § 6; and by Ord. 819, 2/13/2012]
1.
Upon approval of the final plat by the Borough, the developer shall,
within 90 days of such final approval or 90 days after the date of
delivery of an approved plat signed by the Borough Council, following
completion of conditions imposed for such approval, whichever is later,
record such plat in the office of the Allegheny County Recorder of
Deeds. No final plat that has been approved by the Borough Council
shall be signed and sealed by Borough officials and released for recordation
until all required permits specified in the approval resolution have
been approved by county, state and/or federal agencies, as applicable.
The developer shall be responsible for the submission of approved
permits to the Borough.
2.
Upon final approval of land developments that do not require recording,
the following requirements shall apply:
[Ord. 603, 12/30/1991, § 315; as amended by Ord.
687, 9/14/1998, § 1]
1.
Upon recording of the final plat in the Office of the County Recorder
of Deeds, the developer shall deliver to the Borough one certified
reproducible mylar and four paper prints of the plat, as recorded,
containing all required signatures and dates of approval.
2.
In order to guarantee the delivery of the Mylars and prints to the
Borough, the applicant shall submit a mylar escrow deposit at the
time of filing the final application, in an amount established from
time to time by resolution of Borough Council, which deposit shall
be returned to the applicant upon submission of the required mylar
and prints.
[Ord. 603, 12/30/1991; as added by Ord. 746, 7/14/2003, § 3]
In the case of a land development plan that is not recorded
in the Office of the Allegheny County Recorder of Deeds, failure to
obtain a grading permit or building permit to undertake the construction
described in the approved plan within five years of the date that
final approval is granted by Borough Council shall result in the automatic
expiration of final approval.
