[Amended 6-18-1990 by Ord. No. 509; 5-18-1992 by Ord. No. 530; 3-17-2003 by Ord. No. 629]
A sketch plan for a proposed subdivision or land development
must be submitted for a subdivision involving three or more lots and
may be submitted for a two-lot subdivision. Such submission shall
be only for informal discussion between the developer and the Borough
and shall not be considered an application for preliminary or final
subdivision approval. The sketch plan shall be filed with the Borough
Manager in not less than 20 copies, at least 21 days before the meeting
of the Planning Commission at which the sketch plan will be discussed.
The sketch plan shall be an informal sketch on a topographic base
map showing the proposed layout of roads and number of lots, utilities
available, proposed parks or open space and any existing or proposed
covenants.
[Amended 5-18-1992 by Ord. No. 530]
The Borough Manager shall forward copies of the sketch plan
to the Planning Commission and the Environmental Advisory Council
and retain one copy in the Borough files. The Planning Commission
and the Environmental Advisory Council shall discuss the sketch plan
at their next regular meetings that are at least 14 days after the
date of submission. The Planning Commission and the Environmental
Advisory Council shall recommend such changes and modifications as
shall assist the developer in complying with all Borough ordinances
and regulations and other applicable laws. The developer and/or his
representative must attend each of the aforesaid meetings in order
for the sketch plan to be considered.
[Amended 5-18-1992 by Ord. No. 530]
The results and recommendations which a developer receives from
the submission of a sketch plan shall be advisory and recommendary
only. No approval of a sketch plan of any sort (absolute, conditional,
deemed, etc.) shall in any way obligate the Borough to approve a preliminary
or final application for approval. Review of a preliminary or final
application shall always be plenary and in no way conditioned on the
sketch plan.
[Amended 9-19-1989 by Ord. No. 500; 5-18-1992 by Ord. No. 530; 12-20-1993 by Ord. No. 547; 4-21-1997 by Ord. No. 587; 3-17-2003 by Ord. No. 629; 11-17-2003 by Ord. No. 634]
Three copies of the draft preliminary application shall be submitted to the Borough Manager at least 21 days prior to the Planning Commission meeting at which the application is to be considered in order to allow the Borough to review the plan prior to the actual submission of the application. The actual application for preliminary approval shall be filed with the Borough Manager in not less than 20 codified copies, at least 14 days prior to the Planning Commission meeting at which the application is to be considered. Incomplete applications will be returned to the applicant and deemed not filed. The procedure set forth at the end of § 380-10 for this determination shall apply to preliminary plans as well. The application shall be accompanied by a fee as may from time to time be established by Borough Council. The application shall consist of the following documents:
A.
A series of separate plans, each at a scale of 50 feet to one inch, illustrating compliance with all the standards for subdivision set forth in Article IV of this chapter. All plans shall show all existing and proposed physical features within 200 feet of the boundary of the subdivision, provided that existing features located beyond the borders of the subdivision will not be required to be improved in accordance with this chapter solely by reason of being shown in accordance with the foregoing. Each plan may consist of more than one sheet in order to show all required information clearly or to show all parts of a large site. The plan shall be prepared in accordance with the Act of May 23, 1945 (P.L. 913, No. 367), as amended, known as the "Engineer, Land Surveyor and Geologist Registration Law." The plans shall show the following information in accordance with the schedule set forth in Table P-1.[1]
(1)
A title block in the lower right-hand corner, indicating the name
or other identification of the subdivision; the name and address of
the property owner and, if different, the developer; the name, address
and seal of a professional land surveyor, professional landscape architect
(if appropriate) or engineer licensed and registered by the Commonwealth
of Pennsylvania who is responsible for the plan; the date the drawing
was prepared or revised and the sheet number.
(2)
A graphic and written scale and the North point.
(3)
A certification in one of the following forms:
(a)
I, ____________________, a licensed and registered land surveyor,
landscape architect or engineer of the Commonwealth of Pennsylvania,
do hereby certify that the contours shown on this plan were determined
through an actual field survey made by me or my firm, and that they
correctly represent the topographic features of this subdivision and
are accurate to 1/2 the contour interval.
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Signed:
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Registration No.
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(b)
I, ____________________, a licensed and registered land surveyor,
landscape architect or engineer of the Commonwealth of Pennsylvania,
do hereby certify that the contours shown on this plan were taken
from topographical data compiled, containing the roads, normal building
sites and proposed land disturbance, have been substantiated by an
actual field survey and they correctly represent the topographic features
of this subdivision and are accurate to 1/2 the contour interval.
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Signed:
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Registration No.
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(4)
Existing topographic contours at uniform vertical intervals of not
more than two feet. The elevation of the ten-foot contours shall be
clearly marked throughout the entire drawing.
(5)
Proposed topographic contours at uniform vertical intervals of not
more than two feet. The elevation of the ten-foot contours shall be
clearly marked throughout the entire drawing.
(6)
Tract boundaries as surveyed and certified by a licensed and registered
land surveyor to be a closed traverse. If the subdivision is proposed
as a portion of a larger subdivision, the developer must show the
proposed boundary of the larger subdivision.
(7)
Existing names of roads and lanes, right-of-way and paving widths
and approximate alignments and gradients.
(8)
Proposed names of roads and lanes, right-of-way and paving widths
and approximate alignments and gradients.
(9)
Locations, widths and purposes of existing easements in or serving
or crossing the tract.
(10)
Locations, widths and purposes of proposed easements in or serving
or crossing the tract.
(11)
Existing buildings and other structures and facilities.
(12)
Proposed buildings and other structures and facilities.
(13)
Existing sanitary sewer alignments and treatment facilities.
(14)
Proposed sanitary sewer alignments and treatment facilities.
(15)
The names of the owner of record of immediately adjacent properties
and contiguous property boundaries.
(16)
Existing lot boundaries, dimensions, numbers and building lines.
(17)
Proposed lot boundaries, dimensions, numbers and building lines.
(18)
Location and size of all proposed common open space and the
proposed ownership and maintenance arrangements for such open space.
(19)
Location and size of all proposed undisturbed open space within
the common open space.
(20)
Location and size of all proposed undisturbed open space within
the common open space.
(21)
Locations, types, sizes and orientations of existing incidental
recreational facilities, parking and any other facilities.
(22)
Locations, types, sizes and orientations of proposed incidental
recreational facilities, parking and other facilities.
(23)
Existing tree masses and plantings. [Tree location plan and
the disturbance plan only: within the limits of disturbance, all trees
over six inches in diameter at breast height (dbh) shall be located
and identified. Outside the limit of disturbance, all trees 24 inches
in dbh and larger shall be accurately located and identified.]
(24)
The applicable zoning district, the zoning district and municipal
boundaries.
(25)
A location map at a scale no smaller than one inch equals 1,200
feet, showing the relationship of the subdivision to its general surroundings
within 1,000 feet, including, but not necessarily limited to, roads,
watercourses and municipal boundaries.
(26)
The limit of disturbance of all proposed construction areas
within which all construction operations, including excavating, grading,
soil piles, trenching, storage, vehicle parking and equipment traffic
will be strictly contained and proposed provisions for marking and
maintaining those boundaries on the land. The means of marking these
boundaries on the land shall be stated on the plan.
(27)
The types, locations, sizes and orientations of facilities for
control of erosion, sedimentation and stormwater, both during construction
and following completion, including, but not necessarily limited to,
detention and storage basins and conveyances.
(28)
The boundaries and area of each proposed phase, the relative
sequence in which phases will be constructed, and the proposed amounts
of common and undisturbed open spaces in each phase, if any.
(29)
Environmental hazards affecting the subdivision which are reflected
on the Borough's Environmental Hazards Maps.
(31)
Such other information as requested by the Borough.
(32)
All drawings shall be neat, sharply drawn, clear, precise and
legible. Any lettering done freehand shall utilize nonprinting guidelines
to uniformly establish the height of all lettering. (The Borough reserves
the right to require the use of Leroy or other mechanical lettering
systems when freehand lettering is judged to be unacceptable.)
(33)
All line work shall be clear, sharp and precisely drawn. In
order to help distinguish between existing conditions and proposed
conditions, a screening shall be applied before proposed improvements
are added to drawings. (Alternately, existing conditions may be drawn
and lettered in pencil and proposed conditions drawn and lettered
in ink to achieve the desired results.)
(34)
Lines generally shall be drawn in accordance with the following
format.
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[1]
Editor's Note: Table P-1 is an attachment to this chapter.
B.
The substance of covenants, grants of easement, private deed restrictions,
or other restrictions imposed or to be imposed upon the use of land.
C.
A relative time schedule for all on-site and off-site structures
and site improvements which are required or proposed.
F.
If the subdivision is adjacent to land not fully developed and under option or the same beneficial ownership, any application for master plan approval for the future development of all contiguous properties under option or the same beneficial ownership, as defined in Chapter 400, Part 1, of the Fox Chapel Code.
I.
Any request for modifications or waivers in accordance with the following:
Council may grant a modification of the requirements of one or more
provisions of this chapter if the literal enforcement will exact undue
hardship because of peculiar conditions pertaining to the land in
question, provided that such modification will not be contrary to
the public interest and that the purpose and intent of this chapter
is observed. The request for any such modification shall state in
full the grounds and facts of unreasonableness or hardship on which
the request is based, the provision or provisions of the ordinance
involved, and the minimum modification necessary.
J.
Documentation demonstrating that adequate provisions for a reliable,
safe and adequate water supply have been made, sufficient to support
the intended uses within the capacity of available resources. If water
is to be provided by means other than by private wells owned and maintained
by the individual owners of lots within a subdivision or development,
applicants shall present evidence that the subdivision or development
is to be supplied by a certified public utility, a bona fide cooperative
association of lot owners, or by a municipal corporation, authority
or utility. A copy of a certificate of public convenience from the
Pennsylvania Public Utility Commission or an application for such
certificate, a cooperative agreement or a commitment or agreement
to serve the area in question, whichever is appropriate, shall be
acceptable evidence.
K.
Any additional documents that the developer may feel are necessary
to explain the character and benefits of the proposed subdivision
or land development.
[Amended 9-19-1989 by Ord. No. 500]
A.
The Borough Manager shall forward one copy each of the application
for preliminary approval to the Planning Commission, the Allegheny
County Planning Department, the Borough Engineer, the Borough Environmental
Advisory Council, and a Borough planning consultant. The Borough Manager
or his representative shall notify all owners of land contiguous to
the proposed subdivision prior to the meeting of the Planning Commission
at which the plan is to be considered. The Borough Manager may also
notify or forward a copy of the application to any adjacent municipality
or other governmental agency affected by such application and solicit
reviews or reports from such entities.
B.
All reports shall be submitted to the Planning Commission. The Planning
Commission shall forward to the Council and to the developer copies
of those reports and its own recommendations within 45 days after
referral or at least three days prior to the meeting of the Borough
Council at which the subdivision will be considered, whichever shall
first occur. The Borough Council shall review the preliminary application
and the submitted reports. Before acting on the application, the Council
may hold a public hearing thereon after public notice.
[Amended 9-19-1989 by Ord. No. 500; 12-20-1993 by Ord. No. 547]
A.
The Council shall render a decision, note the decision on the preliminary plat, and communicate the decision in writing to the developer within the time limits set forth in Article V, § 508 and, specifically, § 508(1) of the Planning Code. The decision of Council may be approved in terms as filed, approved with conditions (including any deed restrictions appropriate to preserve the character of the area of or surrounding a subdivision or land development), or denied. If the decision is approved with conditions, the developer will accept or reject the conditions within 20 days of the approval. Failure by the developer to accept or reject the conditions within said time frame shall cause the approval to be automatically rescinded. As to a preliminary application which includes a master plan, Council's action shall include one of the foregoing actions with respect to the master plan. When the application is denied, the decision shall specify the defects found in the application and describe the requirements which have not been met.
[Amended 4-16-2018 by Ord. No. 705]
B.
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 an approval of the application in 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 the failure to meet the extended time or change in manner
of presentation of communication shall have like effect.
[Amended 4-16-2018 by Ord. No. 705]
C.
The Council shall designate one copy of the application as the official
copy.
[Amended 9-19-1989 by Ord. No. 500; 5-18-1992 by Ord. No. 530; 4-21-1997 by Ord. No. 587; 8-17-1998 by Ord. No. 596; 3-17-2003 by Ord. No. 629; 11-17-2003 by Ord. No. 634; 3-19-2007 by Ord. No. 653]
A.
Three copies of the draft final application shall be submitted to
the Borough Manager at least 21 days prior to the Planning Commission
meeting at which the application is to be considered in order to allow
the Borough to review the plan prior to the actual submission of the
application. The actual application for final approval shall be filed
with the Borough Manager or his designated representative in no less
than 20 codified copies at least 14 days prior to the Planning Commission
meeting at which it is to be considered and shall be accompanied by
a fee as may from time to time be determined by the Council. The final
application shall be consistent with the approved preliminary application.
It should be filed not later than 12 months following the grant of
preliminary approval, nor more than 36 months following the grant
of final approval of the previous phase. The application shall consist
of the following documents:
(1)
A final plat to be used for recording purposes. In addition to the
20 copies, a film or linen original of the final plat shall be submitted.
The plat may consist of more than one sheet in order to show all information
clearly or to show all the parts of a large subdivision or land development.
The final plat shall be drawn at a scale of 50 feet to one inch and
shall contain at least the following data:
(a)
Subdivision name or other identification, North point, written
scale and graphic scale.
(b)
The following certifications and acknowledgments:
[1]
Owner's adoption and dedication.
(Slightly different forms are required for individual owners,
partnerships and corporations. If an individual with power of attorney
signs on behalf of an owner, the volume and page number in which the
power of attorney is recorded must be shown. Signatures must be witnessed
or attested, as indicated.)
[a]
To be used for individual owner or owners. (All
owners must sign or the certification may be repeated for multiple
owners.)
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(I/We),_________________________ (owner(s) or beneficial owner(s)')
of the land shown on the ___________________________________ (name
of plan) hereby adopt(s) this plan as (my/our) (plan of lots or land
development) and irrevocably dedicate(s) all streets and other property
identified for dedication on the plan to the Borough of Fox Chapel.
This adoption and dedication shall be binding upon (my/our) heirs,
executors, administrators and assigns.
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IN WITNESS OF WHICH, to this (I/We) set (my/our) hand(s) and
seal(s) this _____ day of __________, _____.
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WITNESS:
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Signature of owner(s)
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[b]
To be used for partnerships. (A general partner
must sign.)
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The ______________________ (owner or beneficial owner) of the
land shown on the ______________________(name of plan), hereby adopts
this plan as its _______________________ (plan of lots or land development)
and irrevocably dedicates all streets and other property identified
for dedication on the plan to the Borough of Fox Chapel. This adoption
and dedication shall be binding upon the partnership and upon each
of its general partners and their heirs, executors, administrators
and assigns.
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IN WITNESS OF WHICH, to this (I/We) set (my/our) hand(s) and
seal(s) this _____ day of __________, _____.
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WITNESS:
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Signature of general partner
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[c]
To be used for corporations. [A corporate officer
(President or Vice President) must sign. The corporate seal must be
affixed and attested by another corporate officer, (Secretary or Treasurer).]
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By a resolution approved on _____ day of __________, _____,
the Board of Directors of ______________________, incorporated in
the State of ____________, __________________ (owner or beneficial
owner) of the land shown on the ______________________ (name of plan),
adopted this plan as its _________________ (plan of lots or land development)
and irrevocably dedicates all streets and other property identified
for dedication on the plan to the Borough of Fox Chapel. This adoption
and dedication shall be binding upon the corporation and upon its
successors and assigns.
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(Seal)
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ATTEST:
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Name of Corporation
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Signature and title of officer attesting
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Signature and title of authorized officer
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Date
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"Landowner" is defined in the Municipalities Planning Code as
"the legal or beneficial owner or owners of land, including the holder
of an option or contract to purchase (whether or not such option or
contract is subject to any condition), a lessee if he is authorized
under the lease to exercise the rights of the landowner ,or other
person having a proprietary interest in land." "Developer" is defined
as "any landowner, agent of such landowner, or tenant with the permission
of such landowner, who makes or causes to be made a subdivision of
land or a land development." An "applicant" is a "landowner or developer
. . . who has filed an application for development, including his
heirs, successors and assigns." Thus, the adoption and dedication
clause may be executed by any person or entity who falls within the
MPC definition of landowner or developer.
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[2]
Acknowledgment of notary public.
[a]
Acknowledgment of individual owners' adoption and
dedication.
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Before me, the undersigned notary public in and for the Commonwealth
of Pennsylvania and County of Allegheny, personally appeared the above-named
____________________ (name of owners), and acknowledged the foregoing
adoption and dedication to be (his/her/their) act.
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Witness my hand and notarial seal this _____ day of __________,
_____.
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My commission expires the _____ day of __________, _____.
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Seal
Notary Public
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[b]
Acknowledgment of partnership adoption and dedication.
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Before me, the undersigned notary public in and for the Commonwealth
of Pennsylvania and County of Allegheny, personally appeared the above-named
____________________ (name of general partner), a partner in the firm
of ____________________ (name of firm), and acknowledged the foregoing
adoption and dedication to be the act of the partnership.
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Witness my hand and notarial seal this _____ day of __________,
_____.
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My commission expires the _____ day of __________, _____.
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Seal
Notary Public
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[c]
Acknowledgment of corporate adoption and dedication.
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Before me, the undersigned notary public in and for the Commonwealth
of Pennsylvania and County of Allegheny, personally appeared ____________________
(name and title of officer) of the ____________________ (name of corporation),
who stated that (he/she) is authorized to execute the above adoption
and dedication on behalf of the corporation and was present at the
meeting at which the action of the corporation was taken to adopt
the plan and dedicate public property contained therein to the Borough
of Fox Chapel.
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Witness my hand and notarial seal this _____ day of __________,
_____.
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My commission expires the _____ day of __________, _____.
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Seal
Notary Public
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[3]
Certification of title and concurrence of mortgagee, where applicable.
[a]
Certification of title and no mortgage.
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(I/we) hereby certify that the title to the property contained
in the ____________________ (name of subdivision or land development)
is in the name of ____________________ and is recorded in deed book
volume _____ page _____. (I/we) further certify that there is no mortgage,
lien or other encumbrance against this property.
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Witness
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Owner
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[b]
Certification of title with mortgage and consent
of mortgagee.
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(I/we) hereby certify that the title to the property contained
in the ____________________ (name of subdivision or land development)
is in the name of ____________________ and is recorded in deed book
volume _____, page _____
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Witness
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Owner
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____________________ (name of mortgagee), mortgagee of the property
contained in the ____________________ (name of subdivision or land
development) consents to the recording of said plan and to the dedications
and all other matters appearing on the plan.
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Witness
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Signature and type name of the signing officer of the mortgagee
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[4]
Surveyor's certification.
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I certify that, to the best of my information, knowledge and
belief, the survey and plan shown hereon are correct and accurate
to the standards required and that this plan of lots or land development
meets the requirements of all applicable Borough ordinances except
as departures have been approved by Borough Council.
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Date
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Name
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(Seal)
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Registration Number
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[5]
Municipal Engineer's certification.
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I certify that to the best of my information, knowledge and
belief, this plan meets all engineering requirements of the applicable
ordinances of the Borough of Fox Chapel except as departures have
been authorized by Borough Council.
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Date
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Name
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(Seal)
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Registration Number
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[6]
Municipal declarations.
[a]
The Borough Council of the Borough of Fox Chapel
gives notice that, in approving this plan for recording, the Borough
of Fox Chapel assumes no obligation to accept the dedication of any
streets, land or public facilities and has no obligation to improve
or maintain such streets, land or facilities. In reviewing this plan
or land development, the Borough of Fox Chapel has acted only on its
behalf in an effort to determine compliance with laws and ordinances
which Borough personnel are required to enforce. This review shall
not be deemed to have been done for the benefit of any purchaser of
a lot in the plan or land development or of any other private individual
or entity.
[b]
The Borough of Fox Chapel agrees not to issue building
permits until the Planning Module for Land Development has been approved
in accordance with the regulations of the Pennsylvania Department
of Environmental Protection.
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Date
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Authorized municipal official
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[7]
Required municipal and county review and approval statement.
[Amended 4-16-2018 by Ord. No. 705; 3-20-2023 by Ord. No. 723]
[a]
Reviewed by the Planning Commission of the Borough
of Fox Chapel, this _____ day of __________, _____.
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Secretary or Manager
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Chairman
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[b]
Approved by the Borough Council of the Borough
of Fox Chapel by motion this _____ day of _____, _____.
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Secretary or Manager
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President of Council
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[c]
In the event that the plat is not recorded within
the time limits established by law, the following shall be added to
the plat:
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Reapproved this _____ day of __________, _____.
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Secretary or Manager
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President of Council
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[d]
Reviewed by the Allegheny County Department of
Economic Development on this _____ day of _____, _____.
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(Seal) Director
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[8]
In lieu of the requirements set forth in § 380-10A(3), relating to financial security required with submission of application for final approval, Council may instead approve the following certification on the recording plan;
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NO LOT MAY BE SOLD NOR ANY BUILDING PERMIT APPLIED FOR UNTIL
FINANCIAL SECURITY ACCEPTABLE TO THE BOROUGH HAS BEEN PROVIDED TO
GUARANTEE THE CONSTRUCTION OF ALL REQUIRED IMPROVEMENTS.
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(c)
Tract boundary lines, right-of-way lines of roads, easements,
lot lines, with accurate dimensions, bearings, deflection angles,
radii, lengths of arcs, and reproduce such lines on the ground. All
measurements shall be to the nearest 1/100 of a foot.
(d)
Primary control points or descriptions and ties to such points
to which all dimensions, angles, bearings and similar data on the
plat shall be referred. The location of all existing and proposed
monuments.
(e)
The boundary lines of a subdivision shall be determined by actual
ground survey only, said survey to be traversed, balanced and closed.
The survey shall be certified to be correct by a registered land surveyor.
(f)
Names of record owners of adjoining unplatted land and record
name, date, recording data, road and lot lines of adjacent subdivisions
to a distance of 100 feet beyond the proposed subdivision boundary.
(g)
Building lines.
(h)
Names and widths of all roads within or adjoining the subdivision.
(i)
All proposed lots shall be numbered and the acreage of each
lot shown.
(j)
The final plat shall also contain a statement and covenant that
all lots shown thereon shall not be further subdivided. Council may
waive this requirement for any lot with an acreage in excess of two
times the minimum acreage permitted for a lot in the zoning district
in which such lot is located, provided that all site improvements
are made or provided for, based on such lot being subdivided to such
minimum acreage. The statement and covenant shall be in the following
form:
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(I, We) ____________________ (owner, owners) of the property
shown on this plan of subdivision for (myself, ourselves) and (my,
our) heirs, successors and assigns, do hereby agree and covenant with
the Borough of Fox Chapel that each lot shown hereon shall never be
further subdivided. This covenant shall run with the land in favor
of the Borough and the other owners of lots in the plan.
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Witness
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(2)
A proposed date for the completion of all improvements to which the
completion guarantee will apply, which date shall not be more than
five years from the date on which the Council granted preliminary
approval.
(3)
Financial security in an amount sufficient to cover the costs of any improvements or common amenities, including, but not limited to, all improvements required by § 380-14 of this chapter, roads, stormwater detention and/or retention basins and other related drainage facilities, recreational facilities, open space improvements, or buffer or screen plantings which may be required. Without limitation as to other types of financial security which the municipality may approve, which approval shall not be unreasonably withheld, federal or commonwealth chartered lending institution irrevocable letters of credit and restricted or escrow accounts in such lending institutions shall be deemed acceptable financial security for the purposes of this section. Such financial security shall be posted with a bonding company or federal or commonwealth lending institution chosen by the party posting the financial security, provided said bonding company or lending institution is authorized to conduct such business within the commonwealth. Such bond or other security shall provide for, and secure to the public, the completion of any improvements which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of the improvements. The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, Council 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, Council 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. 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. Council, upon the recommendation of the Borough Engineer, may refuse to accept such estimate for good cause shown. If the applicant or developer and the municipality 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 Council 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. 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 financial security as otherwise required by this section.
(4)
Accurate final plans, profiles, cross sections and other drawings and specifications necessary for construction of all site improvements in conformity with the standards set forth in Article IV of this chapter, including but not limited to plans for applicable utilities, roads, landscape development, stormwater drainage, incidental recreational facilities, parking facilities and all other site improvements and facilities, and documents showing the information required in § 380-7A(18) through (21) of this chapter. Said construction drawings and specifications shall be signed and sealed by a registered engineer responsible for them.
(5)
Final drafts of all offers of dedication, covenants, easements, deed
restrictions and maintenance agreements to be imposed upon the use
of land, buildings and structures, and pertaining to the ownership,
use and maintenance of all common open space areas and any other common
facilities.
(6)
A form of agreement acceptable to the Borough Solicitor, specifying,
where applicable, the following:
(a)
That the developer agrees that he will lay out and construct
all roads and lanes, together with all other improvements, including
grading, paving, curbs, gutters, sidewalks, streetlights, fire hydrants,
water mains, monuments, street signs, shade trees, storm and sanitary
sewers, landscaping, traffic control devices, open space and recreation
areas, erosion and sediment control measures, in accordance with the
final plan as approved, where any or all of these improvements are
required within the time or times specified by the Council.[1]
(b)
That the developer guarantees completion of all improvements as provided in § 380-10A(3) of this chapter.
(c)
That the developer agrees to tender a deed or deeds of dedication
to the Borough for such roads and for such easements for sanitary
and storm sewers, sidewalks, manholes, inlets, pumping stations and
other appurtenances as shall be constructed as public improvements,
provided that the Borough shall not accept dedication of such improvements
until their completion is certified as satisfactory by the Borough
Engineer.
(7)
Evidence that an application has been made to the appropriate office
of the Pennsylvania Department of Environmental Protection for construction
of all sanitary sewers.
(8)
All recording and land development plans must also be submitted in
digital format on 3.5-inch floppy disk(s), CD(s) or other acceptable
media. The data shall be in a format readily compatible (i.e., without
conversion) with the Borough's geographical information system (GIS)
software and shall provide a true and complete display of the subdivision
or land development plan, in correct geographic location, configured
in appropriate coverage layers.
B.
Neither the Borough Manager nor his designated representative may
accept an incomplete application. The Borough Manager or his designated
representative shall determine whether an application is complete
within 10 days after receiving it. If an application is found incomplete,
it shall be returned to the developer with a written notice of its
incompleteness and shall be deemed not filed. If an application is
found complete or if it is not returned to the developer within 10
days after receipt, the application shall be deemed filed on the date
it was received. If an application is received in the mail or left
at the Municipal Building when the Manager or his designated representative
is not present, it shall be deemed received upon the return of the
Manager or his designated representative.
The Borough Manager shall forward one copy each of the application
for final approval to the Planning Commission, the Allegheny County
Planning Department, the Borough Engineer, the Borough Environmental
Advisory Council, a Borough planning consultant, the Allegheny County
Office of the U.S. Natural Resources Conservation Service and the
Fox Chapel Authority. All reports shall be submitted to the Planning
Commission. The Planning Commission shall forward to the Council and
to the developer copies of those reports and its own recommendations
within 45 days after referral or at least three days prior to the
meeting of the Borough Council at which the subdivision or land development
will be considered, whichever shall first occur. The Borough Council
shall review the final application and the submitted reports. Before
acting on the application, the Council may hold a public hearing thereon
after public notice.
[Amended 9-19-1989 by Ord. No. 500; 12-20-1993 by Ord. No. 547]
A.
The Council shall render a decision, and communicate the decision in writing to the developer within the time limits set forth in Article V, § 508 and, specifically, § 508(1) of the Planning Code. The decision of Council may be approved in terms as filed, approved with conditions (including any deed restrictions appropriate to preserve the character of the area of or surrounding a subdivision or land development), or denied. If the decision is approved with conditions, the developer will accept or reject the conditions within 20 days of the approval. Failure by the developer to accept or reject the conditions within said time frame shall cause the approval to be automatically rescinded. If the application is approved, the appropriate officers of the Borough shall sign the reproducible original and affix the Borough Seal thereto. If the application is denied, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite to the provisions of the ordinance relied upon. 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 an approval of the application in 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 the like effect.[1]
B.
The Council shall designate one copy of the application as the official
copy. This copy shall be retained in the Borough files.
[Amended 3-19-2007 by Ord. No. 653]
Upon approval of the final plat, 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 such approval, whichever is later, record
such plat in the office of the Recorder of Deeds of Allegheny County.
[Amended 6-18-1990 by Ord. No. 509]
A.
No improvements shall be made until the final plat has been recorded
in the Office of the Recorder of Deeds of Allegheny County and a fully
executed reproducible Mylar of the final plat has been filed with
the Borough and until all applicable permits and approvals, including,
but not limited to, sewerage and stream encroachment permits from
the Pennsylvania Department of Environmental Protection, soil and
erosion control approvals from Allegheny County Soil Conservation
District and highway occupancy permits from the County of Allegheny
and/or Commonwealth of Pennsylvania for any proposed roads or driveways,
have been issued.
B.
The improvements described in Article IV of this chapter shall be required in every subdivision for which approval is sought subsequent to the effective date of this chapter. The developer shall construct all the improvements in an approved subdivision or land development at his own expense in the approved form and manner. The developer shall notify the Borough Manager or his designated representative at least two working days in advance of the commencement of any clearing, grading, sewer or road construction work, so that provision may be made for Borough inspection of such construction. When requested, the developer shall furnish the Borough samples of materials in the same manner as is required of contractors under the terms of the construction specifications in Borough contracts. The actual cost of the material test shall be borne by the developer.
C.
To cover the cost of providing Borough inspection on any construction
project, the developer shall pay to the Borough from time to time
a fee as may be determined by Council. The developer shall also bear
any and all expenses in connection with the testing and lamping of
the sanitary sewer system and the core boring or other testing necessary
to determine the stability of roads and lanes. The Borough Engineer
may require that improvements not constructed in the approved form
or manner be brought up to the approved form or manner.
[Amended 9-19-1989 by Ord. No. 500; 8-17-1999 by Ord. No. 596]
A.
As the work in installing the required improvements proceeds, the
party posting the financial security may request the Council to release
or authorize the release, from time to time, of such portions of the
financial security necessary for payment to the contractor or contractors
performing the work. Any such request shall be in writing addressed
to the Council, and the Council shall have 45 days from receipt of
such request within which to allow the Borough Engineer to certify,
in writing, to the Council that such portion of the work upon the
improvements has been completed in accordance with the approved plat.
Upon such certification, the Council shall authorize release by the
bonding company or lending institution of an amount as estimated by
the Borough Engineer fairly representing the value of the improvements
completed or, if the Council fails to act within said forty-five-day
period, the Council shall be deemed to have approved the release of
funds as requested. The Council may, prior to final release at the
time of completion and certification by its engineer, require retention
of 10% of the estimated cost of the aforesaid improvements.
B.
Where the Council accepts dedication of all or some of the required improvements following completion, the Council shall require the posting of financial security to secure structural integrity of said improvements as well as the functioning of said improvements in accordance with the design and specifications as depicted on the final plan for a term not to exceed 18 months from the date of acceptance of dedication. Said financial security shall be of the same type as required in § 380-10A(3) with regard to installation of such improvements, and the amount of the financial security shall not exceed 15% of the actual cost of installation of said improvements.
C.
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Borough Manager, in writing,
by certified or registered mail, of the completion of the aforesaid
improvements and shall sent a copy thereof to the Borough Engineer.
The Borough Manager shall, within 10 days after receipt of such notice,
direct and authorize the Borough Engineer to inspect all of the aforesaid
improvements. The Borough Engineer shall, thereupon, file a report,
in writing, with the Council and shall promptly mail a copy of the
same to the developer by certified or registered mail. The report
shall be made and mailed within 30 days after receipt by the Borough
Engineer of the aforesaid authorization from the Borough Manager;
and said report shall be detailed and shall indicate approval or rejection
of said improvements, either in whole or in part, and if said improvements
or any portion thereof shall not be approved or shall be rejected
by the Borough Engineer, said report shall contain a statement of
reasons for such nonapproval or rejection.
D.
The Council shall notify the developer within 15 days of the receipt
of the Engineer's report, in writing. by certified or registered mail,
of the action of the Council with relation thereto.
E.
If the Council or the Borough Engineer fails to comply with the time
limitation provisions contained herein, all improvements will be deemed
to have been approved, and the developer shall be released from all
liability pursuant to its performance guaranty bond or other security
agreement.
F.
If any portion of the said improvements shall not be approved or
shall be rejected by the Council, the developer shall proceed to complete
the same and, upon completion, the same procedure of notification
as outlined herein shall be followed.
G.
In the event that any improvements which may be required have not
been installed as provided in this chapter or in accord with the approved
final plat, the Council may enforce any corporate bond or other security
by appropriate legal and equitable remedies. If proceeds of such bond
or other security are insufficient to pay the cost of installing or
making repairs or corrections to all the improvements covered by said
security, the Council, at its option, may install part of such improvements
in all or part of the subdivision and may institute appropriate legal
or equitable action to recover the moneys necessary to complete the
remainder of the improvements. All of the proceeds, whether resulting
from the security or from any legal or equitable action brought against
the developer, or both, shall be used solely for the installation
of the improvements covered by such security and not for any other
municipal purpose.
H.
Prior to release from its improvement security and/or acceptance of improvements by the Borough, the developer shall provide two sets of drawings showing the as-built location of all public improvements and lot corners, said plans to be prepared in accordance with guidelines established by the Borough Engineer. The as-built plans shall also be submitted in digital format as set forth in § 380-10A(8).
[Added 1-20-1992 by Ord.
No. 527]
A developer shall be responsible for the payment of review fees,
which shall be based upon a schedule established by ordinance or resolution.
Review fees shall include, but not be limited to, all fees incurred
by the Borough relating to the application for subdivision and the
entire process which thereby results, such as engineering, legal and
other consulting fees. Said fees shall be promptly paid by the developer
upon billing by the Borough.
