Prospective subdividers and developers are strongly
urged to discuss possible development sites with the Planning Commission
prior to submission of a preliminary plan. A sketch plan may be prepared
and presented for review not less than 10 days prior to the meeting
of the Planning Commission at which it is to be considered. Submission
of a sketch plan will not constitute a formal filing of a subdivision
or land development plan with the Council. Sketch plans should include
those items listed in the plan requirements.[1]
A.
Submission of preliminary plans.
(1)
The preliminary plan and all information and procedures
relating thereto shall in all respects be in compliance with the applicable
provisions of this Part 1. It is the responsibility of the subdivider
or developer to coordinate his plans with the respective private and
public service agencies.
(2)
All preliminary plans, accompanying information and
a completed application form must be submitted to the Borough for
review not less than 14 days prior to the meeting of the Planning
Commission at which they are to be considered.
(4)
The Borough Manager shall forward two copies of the
preliminary plan prints and one copy of the required material to the
County Planning Commission and one copy of the plan and other materials
to the Borough Engineer and the Municipal Authority of the Borough
of Leetsdale and such other municipalities and agencies as he/she
deems appropriate for review and comment.
(5)
The Borough Manager shall also forward one copy of
the preliminary plan prints and required materials to each of the
members of the Planning Commission.
B.
Review of preliminary plan.
(1)
Department of Transportation review. In cases where
the subdivision or land development fronts on an existing or proposed
state highway or has proposed streets entering onto state highways,
the developer shall submit the plan to the Pennsylvania Department
of Transportation for review.
(2)
Planning Commission review.
(b)
The Planning Commission shall act on the preliminary
plan within 60 days of the official filing date, but in any event
shall act on the plan in time for the Council to render its decisions
in timely fashion as required by law. In the event that any variance
from this Part 1 is requested by the applicant or is deemed necessary
for approval, the variance and the reasons for its necessity shall
be entered into the records of the Council.
C.
Planning Commission recommendation.
(1)
The Planning Commission shall recommend to the Council
whether the preliminary plan shall be approved, approved with modifications
or disapproved and shall notify the Council, in writing, thereof,
including, if disapproved, a statement of reasons for such action.
The Council shall, however, have the right to override any such recommendation,
subject to the provisions of this Part 1.
(2)
In making its recommendations, the Planning Commission shall consider the recommendations of the Borough Engineer, if any; the County Planning Commission; the Edgeworth Environmental Advisory Council established in Part 3 of this chapter, to the extent that its recommendations have been formulated, preliminarily or otherwise; interested residents; and the recommendations of any agency or agencies from which a review was requested under § 113-14A of this article.
D.
Resubmission of preliminary plan. When the Planning
Commission recommends disapproval, the subdivider or developer may
resubmit the preliminary plan. The resubmitted plan shall be considered
to be a new plan in all respects, including the establishment of a
new official filing date, and the prior plan shall be deemed to have
been withdrawn by the subdivider.
E.
Approval of preliminary plan.
(1)
The Council shall act on the preliminary plan within
90 days of the official filing date or at such later date as shall
be permitted by law. Failure to do so shall be deemed an approval.
Before acting on a preliminary plan, the Council may hold a hearing
thereon after public notice.
(2)
The Council shall notify the applicant, in writing,
of its decision to approve, approve with conditions or disapprove
the preliminary plan. Such notice shall be given to the applicant
in person or mailed by certified or registered mail to him/her at
his last known address not later than 15 days following the decision.
If the plan is approved with conditions or disapproved, the Council
shall specify in its notice the conditions which must be met and/or
the defects found in the plan and the requirements which have not
been met, including specific reference to provisions of any statute
or article which have not been fulfilled.
(3)
Approval of the preliminary plan shall constitute
approval of the subdivision or land development as to the character
and intensity of development and the arrangement and approximate dimensions
of streets, lots and other planned features. The approval binds the
subdivider or developer to the general scheme of the subdivision shown,
unless a revised preliminary plan is submitted, and permits the subdivider
to proceed with final detailed design of improvements, to arrange
for guaranty to cover installation of the improvements and to prepare
the final plan. Approval of the preliminary plan does not authorize
the sale of lots nor the recording of the preliminary plan.
A.
Submission of final plan.
(1)
After the subdivider or developer has received official
notification from the Council that the preliminary plan has been approved,
he/she must submit to the Borough Manager a final plan within one
year or the approval of the preliminary plan shall become null and
void, unless an extension of time is requested by the subdivider or
developer in writing and approved by the Council before the expiration
date.
(2)
The final plan may be submitted in sections, each
covering a portion of the entire subdivision or land development shown
on the preliminary plan. Only the section(s) submitted shall be considered
for review and approved as a final plan. The remaining sections of
the plan shall be considered to be an approved preliminary plan. The
effect of approval of the submitted section(s) on the remaining sections
shall be an automatic one-year extension of the original preliminary
plan approval.
(3)
The final plan shall conform in all respects to the
approved preliminary plan. If it does not, the plan submitted shall
be considered as a revised preliminary plan and shall be forwarded
by the Borough Manager to the Planning Commission for review and recommendation
as a preliminary plan.
(4)
The subdivider or developer must submit with the final plan a guaranty for the installation of improvements which meets the requirements of § 113-45 hereof.
(5)
The application form shall be accompanied by the requisite inspection and engineering fees as set forth in § 113-12.
(6)
If on-lot sewage disposal is to be utilized, the subdivider
or developer must prepare and submit a Department of Environmental
Resources planning module for land development, which requires random
sampling deep-probe test pits and random sampling percolation tests.
This submission shall be completed prior to other work on the final
plan. The planning module for land development shall be a part of
the requisite materials accompanying the final plan submission.
(7)
The subdivider or developer shall submit 20 prints
of the final subdivision or land development plan and at least 20
copies of all other required information. All preliminary plans, accompanying
information and a completed application form must be submitted to
the Borough for review not less than 14 days prior to the meeting
of the Planning Commission at which it is to be considered.
(8)
Upon receipt of the final plan, after reviewing it
with the Borough Engineer, if any, the Borough Manager shall forward
five copies of the plan and other materials to the Planning Commission
for review and recommendation; one copy of the plan and all other
material to the Allegheny County Conservation District for review
and comments; two copies of the plan and one copy of all other material
to the County Planning Commission; one copy of the plan and all other
material to the Borough Engineer; and any other copies to such other
municipalities and agencies whose recommendation would be pertinent
to the processing of the plan.
B.
Review of final plan. The Planning Commission will
review the plan and requisite materials for compliance with the approved
preliminary plan and for conformance to the requirements of this Part
1. The Planning Commission shall act on the final plan within 60 days
of the official filing date or at such later time as shall be permitted
by law.
C.
Planning Commission recommendation.
(1)
The Planning Commission shall recommend to the Council
whether the final plan shall be approved, approved with modifications
or disapproved and shall notify the Council, in writing, thereof,
including, if approved with modifications or disapproved, a statement
of reasons for such action. The Council shall, however, have the right
to override any such recommendation, subject to the provisions of
this Part 1.
(2)
In making its recommendation, the Planning Commission shall consider the recommendations of the Borough Engineer, if any; the County Planning Commission; the Allegheny County Conservation District; and the recommendations of any agency or agencies from which a review was requested under Subsection A(8) of this section.
D.
Resubmission of final plan. When the Planning Commission
recommends disapproval, the subdivider or developer may resubmit the
final plan. The resubmitted plan shall be considered to be a new plan
in all respects, including establishing a new official filing date,
and the disapproved plan shall be deemed to have been withdrawn by
the subdivider.
E.
Approval of final plan.
(1)
The Council will not act on the final plan unless it is accompanied by a guaranty for the installation of improvements which meets the requirements of § 113-45 hereof.
(2)
The Council shall take action within 90 calendar days
from the official filing date of the final plan or at such later date
as shall be permitted by law. Failure to do so shall be deemed an
approval.
(3)
The Council shall notify the applicant, in writing,
of its decision to approve, approve with conditions or disapprove
the final plan. Such notice shall be given to the applicant in person
or mailed by certified or registered mail to him/her at his last known
address not later than 15 days following the decision. If the final
plan is disapproved, the Council shall specify the defects found in
the plan and the requirements which have not been met, including specific
reference to the provisions of any statute or ordinance which have
not been fulfilled.
(4)
If the final plan is approved subject to conditions,
the Council and the Planning Commission shall not endorse the plan
until all of the conditions have been met.
(5)
If the Council approves the final plan or grants a
conditional approval, it shall set the amount of bonding or other
security necessary to guarantee the construction of improvements and
community facilities and shall state such amount in the notice to
the applicant.
F.
Recording of final plan.
(1)
Upon approval of the final plan, the subdivider or
developer shall prepare one transparent reproduction of the original
final plan on stable plastic base film and no fewer than two prints,
which shall be submitted to the Borough no less than 30 days after
approval. These plans, upon satisfaction of all conditions attached
to the approval, will be signed on behalf of the Council. A copy of
the signed final plan shall be recorded in the office of the Allegheny
County Recorder of Deeds within 90 days after approval of the final
plan or the approval of the Council shall be null and void. The final
plan must be recorded before proceeding with the sale of lots or construction
of buildings. Two copies of the recorded plan shall be provided to
the Borough immediately after recording.
(2)
Dedication of streets and other areas.
(a)
Recording the final plan shall be an irrevocable
offer to dedicate all streets and other public ways to public use
and to dedicate or reserve all park reservations and other public
areas to public use unless reserved by the subdivider as hereinafter
provided. The approval of the final plan shall not impose any duty
upon the Borough concerning maintenance or improvements and shall
not require the acceptance of any streets so dedicated.
(b)
The subdivider may place a notation on the final
plan to the effect that there is no offer of dedication to the public
of streets and certain designated public areas, in which event the
title to such areas shall remain with the owner, and the Borough shall
assume no responsibility for improvement or maintenance thereof, which
fact shall also be noted on the final plan.
(3)
If the plan is approved by the Council with conditions,
it shall be noted on the plan to be recorded that the plan was approved
with conditions and a list of such conditions can be found in the
permanent records of the Borough.
