B.
This article shall not apply to the following:
(1)
Improvement of one lot for a single-family or a two-family dwelling.
(2)
The conversion of an existing single-family or two-family dwelling
into not more than three dwelling units, unless such units are intended
to be a condominium.
(3)
The addition of no more than one accessory building or structure,
either singularly or cumulatively, not exceeding one story or 15 feet
in height and covering an area on the lot no greater than 200 square
feet, on a lot or lots which is subordinate to any existing principal
building and used for the same purpose as the principal building.
(4)
A one time exemption for any addition to or structural enlargement
of a nonresidential structure which results in either:
(a)
An increase in the gross floor area of the principal building
of 200 square feet or less;
(b)
An increase in the paved area of the lot of 200 square feet
or less; or
(c)
An increase in the gross floor area of the principal building
and the paved area of the lot which, in combination, total 200 square
feet or less.
A.
Prior to filing an application for preliminary and final approval
of a minor land development, the applicant or his representative shall
meet with the Building Inspector and other Borough officials to obtain
application forms and to discuss application procedures and applicable
ordinance requirements.
B.
In addition, the developer may request a preapplication conference
with the Planning Committee to discuss the conceptual design for the
development of the property and the feasibility and timing of the
application. The applicant shall contact the Building Inspector at
least 15 calendar days prior to the regular meeting of the Planning
Committee to request a preapplication conference with the Planning
Committee.
C.
The preapplication conference with the Planning Committee 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.
D.
While no formal application is required for a preapplication conference,
the applicant should provide one copy of readily available information
with the request for a preapplication conference which will show the
location of the property and any special features such as streams,
floodplains or other conditions that may affect the development of
the property. Readily available resources which may be used include
the deed for the property, a property survey, the Tax Maps prepared
by the Allegheny County Assessor's Office, USGS Quadrangle Map showing
natural features and topography, the National Flood Insurance Administration
(NFIA) Flood Hazard Boundary Maps, Natural Resources Conservation
Service Maps of soil types and the U.S. Bureau of Mines coal mine
maps.
E.
A preapplication conference shall not constitute formal filing of
any application for approval of a land development, shall not bind
the Planning Committee to approve any concept presented in the preapplication
conference and shall not protect the application from any subsequent
changes in ordinance provisions which may affect the proposed development
between the date of the preapplication conference and the official
date of filing of an application for preliminary and final approval
of a minor land development under the terms of this chapter.
A.
The applicant shall submit 10 copies of an application for preliminary and final approval of a minor land development required by § 360-39 of this chapter to the Building Inspector at least 28 calendar days prior to the regular meeting of the Planning Committee. If the 28th day falls on a holiday, the application shall be filed by the close of business on the immediately preceding working day.
B.
The preliminary and final application shall not be considered to be complete and properly filed unless and until all items required by § 360-39 of this chapter, including the application fee, have been received.
C.
Immediately upon receipt, the application shall be stamped with the
date of receipt by the Borough and one copy of the application shall
be distributed to the Borough Engineer.
D.
The Building Inspector shall submit one copy of the complete and
properly filed application to the Allegheny County Department of Economic
Development for review and comment which shall be subject to payment
of the prevailing county review fee by the applicant. Additional copies
may be referred to any other appropriate review agency at the discretion
of the Building Inspector.
All applications. The application for preliminary and final approval of a minor land development shall be submitted in accordance with § 360-38 of this chapter and shall include the following information:
A.
Ten copies of the completed application form supplied by the Borough.
C.
Proof
of proprietary interest.
D.
Written
evidence of compliance with all other Borough, county, state or federal
permits required for the plan, if any.
E.
If the
proposed use is a conditional use or use by special exception, an
application for approval of the conditional use or use by special
exception shall accompany the application for preliminary and final
approval of the minor land development. Preliminary and final approval
of the minor land development shall not be granted unless the conditional
use or use by special exception is approved prior to or concurrent
with the preliminary and final minor land development plan.
F.
Wherever
public improvements are proposed or where evidence exists of deep
mining, strip mining, landslide-prone soils or other geologic hazards
on the site, a geologic report by a qualified registered professional
engineer acceptable to the Borough 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.
G.
A wetlands
determination report for all sites which have hydric soils or soils
with hydric inclusions and, if applicable, a wetlands delineation
report for all jurisdictional wetlands on the site and the design
techniques proposed to accommodate them.
H.
Ten copies
of a preliminary and final plat, accurately drawn to a scale of not
less than one inch equals 50 feet on a survey prepared by a Pennsylvania
registered land surveyor. The preliminary and final plat shall include
or be accompanied by the following information and shall be prepared
and sealed by a Pennsylvania registered land surveyor, engineer, architect
or landscape architect:
(1)
Date of preparation. All revisions shall be noted and dated.
(2)
A location map showing the location of the tract with reference to
the surrounding properties, existing streets and streams within 1,000
feet of the land development.
(3)
Name of the development, including the words "Preliminary and Final
Land Development Plan;" North arrow; graphic scale; county assessment
map and parcel number; the name and address of the record owner; the
name and address of the applicant; the name and address, signature,
license number and seal of the registered professional preparing the
survey. If the owner of the premises is a corporation, the name and
address of the president and secretary shall be submitted on the application.
(4)
All distances shall be in feet and 0.01 of a foot and all bearings
shall be given to the nearest one second.
(5)
The zoning district in which the parcel is located, together with
the zoning classification of properties within 200 feet of the boundaries
of the property for which the application is made.
(6)
Property survey showing survey data, including boundaries of the
property, building or setback lines and lines of existing and proposed
streets, lots, reservations, easements and areas dedicated to public
use, including grants, restrictions and rights-of-way, to be prepared
by a licensed land surveyor. The name, address, signature and seal
of the surveyor shall be indicated.
(7)
A copy of any existing or proposed covenants, deed restrictions,
which are applicable to the property.
(8)
A written statement requesting any waivers or modifications to this chapter in accordance with Article IX, if applicable.
(9)
A written statement identifying any zoning variances which will be
needed or which have been granted to the property by the Zoning Hearing
Board.
(10)
The distance, measured along the right-of-way lines of existing
streets abutting the property, to the nearest intersections with other
public streets within 200 feet of the site boundaries.
(11)
The location and dimensions of proposed buildings and structures,
all accessory structures and fences, if any, including front, side
and rear yard setbacks, height of buildings, first floor elevations
of all structures and floor plans and elevation plans of the proposed
building addition and its relationship to the existing building.
(12)
If applicable, Flood Hazard Zone boundaries, as identified on
the current Official Map for the Borough issued by the Federal Insurance
and Mitigation Administration.
(13)
Existing and proposed contours, referred to United States Coast
and Geodetic Survey datum, with a contour interval of two feet for
slopes of less than 10% and an interval of five feet for slopes of
10% or more. Existing contours are to be indicated by dashed lines
and proposed contours are to be indicated by solid lines.
(14)
Written or graphic evidence that all earthmoving activities
shall comply with all requirements for grading and excavating enacted
by the Borough.
(15)
Location of existing rock outcrops, high points, watercourses,
depressions, ponds, marshes, wooded areas and other significant existing
features, including previous flood elevations of watercourses, ponds
and marsh areas as determined by field survey.
(16)
A slope map showing the location and the area (in square feet)
of land which has a slope of 33% or greater and certification by a
registered professional geotechnical engineer regarding the feasibility
of any proposed grading on slopes greater than 33%, the stability
of the finished slopes, measures to mitigate landslides, soil erosion,
sedimentation, stormwater runoff and potential impacts on adjacent
properties.
(17)
A soils map identifying soils which are landslide-prone, if
any.
(18)
Any and all existing streets related to the proposed development;
including the names, cartway widths, approximate gradients and sidewalk
widths.
(19)
If any new streets are proposed, profiles, indicating grading;
cross sections showing the width and design of roadways and sidewalks.
(20)
Area, to the nearest thousandth of an acre of the site to be
developed for nonresidential purposes and/or the area, in square feet,
of each lot to be developed for residential purposes.
(21)
Plans of proposed stormwater systems showing feasible connections
to existing or any proposed utility systems. All stormwater facility
plans shall be accompanied by a separate sketch showing all existing
drainage within 500 feet of any boundary, and all areas and any other
surface area contributing to the calculations, and showing methods
to be used in the drainage calculations.
(23)
The location and size of all existing sanitary sewers and the
location and size of all proposed sanitary sewers.
(24)
The location and size of all existing and proposed waterlines,
valves and hydrants.
(25)
The location, width and purpose of all existing and proposed
easements and rights-of-way.
(26)
The location, type and approximate size of existing utilities
to serve the development and written verification from each utility
that service will be provided to the development.
(27)
Tree masses and all individual specimen trees having a caliper
of four inches or greater.
(28)
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
and Ordinance 102 of the Rules and Regulations of the Pennsylvania
Department of Environmental Protection governing erosion control and
where applicable, evidence that the Allegheny County Conservation
District has issued an NPDES permit.
(29)
The number and density of dwelling units (if residential).
(30)
All means of vehicular access for ingress and egress to and
from the site onto public streets, showing the size and location of
internal streets or driveways and curb cuts including the organization
of traffic channels, acceleration and deceleration lanes, additional
width and any other improvements on the site or along the site's street
frontage necessary to prevent a difficult traffic situation. All pedestrian
walkways and provisions for handicapped facilities in compliance with
the requirements of the Americans with Disabilities Act (ADA) for
an accessible site shall also be shown.
(31)
Computation of the number of parking spaces to be provided,
the location and design of off-street parking areas and loading areas
showing size and location of bays, aisles and barriers and the proposed
direction of movement.
(32)
Tabulation of site data, indicating zoning requirements applicable
to the site and whether the proposed site development features comply.
(33)
Proposed screening and landscaping, including a preliminary
planting plan.
(34)
The methods, placement and screening of solid waste disposal
and storage facilities.
(35)
If applicable, a detailed proposal, including covenants, agreements,
or other specific documents showing the ownership and method of assuring
perpetual maintenance to be applied to those areas which are to be
used for recreational or other common purposes.
(36)
Written or graphic evidence that all public and/or private improvements
will comply with the design standards of this chapter and the Borough
construction standards.
(37)
If the plan is to be completed in phases, the proposed sequence
of development with projected time schedule for completion of each
of the several phases.
(38)
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 Section 420
of the State Highway Law[1] (P.L. 1242, No. 428 of June 1, 1945) and that the approvals
of the Whitaker Borough Planning Committee and Borough Council are
conditional, subject to action by the Pennsylvania Department of Transportation
pursuant to application for a highway occupancy permit.
[1]
Editor's Note: See 36 P.S. § 670-420.
(39)
Spaces for the signature of the Chairman and Secretary of the
Planning Committee; the President and Secretary of Borough Council;
and dates of approval.
A.
Planning Committee recommendation.
(1)
At the first regular meeting of the Planning Committee after submission
of a preliminary and final application, the Planning Committee shall
either accept or reject the application as complete in content and
properly filed. The date of the Planning Committee meeting at which
the preliminary and final application is accepted as complete and
properly filed shall be the official date of filing of the application
and shall represent the beginning of the sixty-day period for Planning
Committee review and recommendation on the application, unless the
applicant agrees, in writing, to an extension of time. During the
sixty-day review period, the Borough Engineer shall provide preliminary
review comments to the Planning Committee and the applicant.
(2)
Within 60 days of the official date of filing of the preliminary
and final application, the Planning Committee shall make a recommendation
to Borough Council for approval, approval with conditions or disapproval
of the preliminary and final application at a public meeting. In the
case of a recommendation for disapproval, the Planning Committee's
recommendation shall cite the specific requirements of this chapter
which have not been met.
B.
Action by Borough Council.
(1)
The Borough Engineer shall present a written report to Borough Council
which states whether an application complies with the requirements
of this chapter and that report shall be included in the minutes of
the Council meeting.
(2)
Within 90 days of the official date of filing of the preliminary
and final application for a minor land development, Borough Council
shall take one of the following actions: approve, approve with conditions,
or disapprove the preliminary and final application at a public meeting.
Borough Council shall not act until the review has been received from
the Allegheny County Department of Economic Development or until 30
days has passed since the date that the application was submitted
to the county for review. The recommendation of the Borough Planning
Committee and the report of the Allegheny County Department of Economic
Development, if any, shall be made a part of the record at that meeting.
(3)
A letter indicating approval, approval with conditions or disapproval
shall be sent to the applicant by regular mail within 15 days of the
date of the decision by Borough Council. If the preliminary and final
application is not approved, Borough Council shall specify the defects
found in the preliminary and final application and cite the requirements
of this chapter which have not been met.
C.
Conditional approval. If Borough Council determines that certain conditions are warranted to be attached to preliminary and 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 § 360-40B of this chapter. The applicant shall accept or reject the conditions attached to preliminary and final approval by giving written notice to the Borough Secretary within 30 days of the date of the meeting of Borough Council at which preliminary and final approval are granted. If the applicant rejects any of the conditions or if the applicant fails to give written notice to the Borough Secretary regarding acceptance or rejection of the conditions attached to preliminary and final approval within the required 30 days, preliminary and final approval shall automatically be rescinded without written notice to the applicant.
D.
Deemed approval. Failure of Borough Council to render a decision
and communicate it to the applicant within the time and in the manner
prescribed by this chapter shall be deemed an approval of the application
in the terms as presented, unless the applicant has agreed in writing
to an extension of time or change in the prescribed manner of presentation
of communication of the decision, in which case, failure to meet the
extended time or change in manner of presentation of communication
shall have like effect.
The Borough may offer the mediation option as an aid in completing the proceedings authorized by this article in accordance with the requirements of § 360-28 of this chapter.
All land developments shall be further subject to the requirements for a development agreement as specified in § 360-32 of this chapter.
All land developments shall be further subject to the requirement for an amenities bond as specified in § 360-31 of this chapter.
Minor land developments which propose the extension or installation of any public improvements, as defined by this chapter, shall be further subject to §§ 360-30 and 360-32 of this chapter governing posting of a performance bond to guarantee their proper installation and execution of a development agreement.
Upon approval of a final plat for a minor land development plan 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 governing body following completion of conditions imposed for approval, whichever is later, record such plat in the Allegheny County Department of Real Estate (formerly known as the Office of the Allegheny County Recorder of Deeds). The final plat for the recording of a minor land development plan shall be prepared in accordance with the requirements of § 360-13 of this chapter for a minor subdivision.
Whether or not the land development is required to be recorded,
the applicant shall deliver to the Borough one Mylar and three paper
prints of the approved final minor land development plan containing
the required signatures and date of approval.
A.
Failure to execute development agreement and post amenities bond. If the amenities bond required by § 360-43 and/or the development agreement required by § 360-42 have not been submitted to the Borough within 90 days of the date of the meeting at which Borough Council granted preliminary and final approval to the minor land development plan, preliminary and final approval shall expire automatically, unless preliminary and final approval is reinstated in accordance with § 360-48 of this chapter.
B.
Failure to initiate and pursue construction. If construction of a land development which has been granted preliminary and final approval, and for which a development agreement and amenities bond have been submitted, is not initiated and diligently pursued within one year of the date of preliminary and final approval, preliminary and final approval shall expire immediately; provided, however, that Borough Council may grant a reasonable extension, if the developer presents satisfactory evidence that difficulties have prevented the work from being initiated and/or diligently pursued and the request for an extension is submitted, in writing, prior to the date of expiration of the approval. The Borough Secretary shall give written notice to the applicant within 30 days of the date of expiration of preliminary and final approval. Any construction which occurs after notice from the Borough Secretary shall constitute a violation of this chapter and shall be subject to § 360-104, Enforcement remedies.
A.
In the event that final approval of the land development plan has expired for failure to execute the development agreement and/or post the required amenities bond, as provided for in § 360-47A of this chapter, the Borough Secretary is authorized to reinstate the signatures of the proper officers of the Borough indicating approval, provided there are no changes in the land development plan previously granted preliminary and final approval and all the requirements of this chapter regarding posting of a performance bond or amenities bond and execution of a development agreement, if required, are subsequently met and, further, provided the plan is submitted for reinstatement of approval within 180 days following the date of the meeting at which preliminary and final approval was granted by Borough Council.
B.
Any request for reinstatement of preliminary and final approval which is submitted after 180 days from the date of the meeting at which preliminary and final approval was granted by Borough Council shall be required to resubmit an application for preliminary and final approval in conformance with the requirements of §§ 360-38 through 360-48 of this chapter.
