Borough of Sharpsburg, PA Part 3 Procedures

§ 22-301 General procedure.

[Amended 1-13-1992 by Ord. No. 497]

1. Classification of subdivision. Whenever any major or minor subdivision of land or land development is proposed, before any contract is made for the sale of any part thereof, and before any permit for the erection of a structure in such proposed subdivision or land development shall be granted, the owner or his authorized agent shall apply for and secure approval of such proposed subdivision or land development in accordance with the following procedures for subdivision and land development.

2. Preapplication consultation. Prior to filing an application for approval of a major subdivision or land development within the Borough of Sharpsburg, the owner or his authorized agent shall meet with the Borough Engineer for an official classification of his proposed subdivision or land development. The Borough Engineer shall advise the owner or his authorized agent as to which of the procedures contained herein must be followed. For a minor subdivision or land development, it shall be discretionary with the Borough Engineer whether it is necessary for the owner or his authorized agent to meet with such Engineer.

3. Official filing date.

A. For the purpose of this chapter, the official filing date shall be the date of the regular meeting of the Planning Commission next following the date the application and plans are received in the Municipal Building, provided that, should said regular meeting occur more than 30 days following the submission of the application, the official filing date shall be the 30th day following the day the application has been submitted.

B. Upon receipt of an application for subdivision or land development approval, the Borough Engineer shall affix to the application both the date of submittal and the official filing date.

4. Allegheny County Planning Commission review. The Borough of Sharpsburg shall submit all applications for subdivision or land development to the Allegheny County Planning Commission for review in accordance with its then-prevailing rules and regulations, provided the Borough of Sharpsburg shall not approve such application until the county report is received or until the expiration of 30 days from the date the application was forwarded to the Allegheny County Planning Commission. The Borough of Sharpsburg shall forward to the subdivider a copy of any report of the County Planning Commission.

§ 22-302 Fee schedule.

1. All filing, inspection and engineering fees shall be submitted to the Borough of Sharpsburg pursuant to Article V of the Municipalities Planning Code and this chapter.

2. Plan filing fee. A filing fee shall accompany the preliminary plan. No application shall be accepted or acted upon unless payment is made to the Borough of Sharpsburg. The Borough Council shall create by resolution a schedule of fees to be paid by the subdivider or land developer to defray the cost of administering and processing of plans. The schedule of fees may be changed, from time to time by resolution of the Borough Council.

3. Inspection and engineering fees.

A. The applicant shall pay the appropriate fees as fixed from time to time by separate resolution of the Borough Council for the following services:

(1) Reviewing the plan's engineering details.

(2) Inspecting the layouts of the site for conformance to the survey and plan.

(3) Reviewing the results of the soils tests.

(4) Preparing cost estimates of required improvements.

(5) Inspecting required improvements during installation.

(6) Final inspection on completion of installation of the improvements.

B. An applicant shall, by filing a plan, be then obligated to pay the fees herein provided. The engineering fees required to be paid by this section shall be promptly submitted to the Borough of Sharpsburg by the applicant upon the submission of bills therefor to the applicant from time to time by the Borough Council.

§ 22-303 Minor subdivision procedure.

1. Minor subdivision plans shall be initiated and submitted for review in the form of a final plan as specified in § 22-403 and shall be otherwise reviewed in accordance with the procedures and standards of § 22-304.

2. Additional subdivision. Any additional subdivision of a tract from which a minor subdivision has already been formed shall be deemed to be a major subdivision and shall follow the procedure applying thereto.

§ 22-304 Major subdivision and land development procedure.

[Amended 1-13-1992 by Ord. No. 497; 2-21-2013 by Ord. No. 13-05]

1. Sketch plan. 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 shall be presented for review not less than 10 days prior to the regular 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 Borough Council. Sketch plans should include those items listed in Part 4, Plan Requirements.

2. Preliminary plan.

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 chapter. It is the responsibility of the subdivider or developer to coordinate and obtain approval of his plans with the respective private and public service agencies.

(2) The application form shall be accompanied by the requisite fee as set forth in § 22-302 of this chapter and by not less than three copies of all required material and not less than nine prints of the preliminary plan of the subdivision or development as required by Borough resolution from time to time.

(3) The Borough Engineer shall forward one copy of the preliminary plan prints and one copy of the required material to the Allegheny County Planning Commission and such other agencies as he deems appropriate for review and comment.

(4) The Engineer shall forward the remaining copies of the preliminary plans prints and required materials to the Planning Commission.

(5) When applicable, the application form shall be accompanied by a planning module for land development, as required by the Pennsylvania Department of Environmental Protection.

B. Review of preliminary plans.

(1) In cases where the subdivision or land development adjoins an existing or proposed state highway or has proposed streets entering onto state highways, the developer shall submit the plans to the Pennsylvania Department of Transportation for review.

(2) The Planning Commission will consider the plan to determine if it meets the standards set forth in this chapter and the Borough Zoning Ordinance (Chapter 27).

(3) 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 Borough Council to render its decision within 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed, provided that, should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the day the application has been filed. In the event that any variance from this chapter 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 Borough Council.

C. Planning Commission recommendation.

(1) The Planning Commission shall recommend whether the preliminary plan shall be approved, approved with modifications or disapproved, and shall notify the Borough Council in writing thereof, including, if disapproved, a statement of reasons for such action.

(2) In making its recommendation, the Planning Commission shall consider the recommendations of the Borough Engineer, Borough staff, the Borough Building Inspector, the Allegheny County Planning Commission, interested residents, and the recommendations of any agency or agencies from which a review was requested under § 22-304.2A(3) of this chapter.

D. Borough Engineer review. All plans shall be reviewed by the Borough Engineer, which approval shall precede the transmission of such plans to the Borough Council.

E. Resubmission of preliminary plans. A revised plan submitted after disapproval shall be considered and processed as a new plan submission.

F. Approval of preliminary plans.

(1) The Borough Council shall act on the preliminary plan within 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed, provided that, should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the day the application has been filed. In the event that any variance from this chapter 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 Borough Council. Failure to do so shall be deemed an approval 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 a failure to meet the extended time or change in manner of presentation of communication shall have like effect. Before acting on a preliminary plan, the Borough Council may hold a hearing thereon after public notice.

(2) The Borough Council shall notify the applicant of its decision to approve, approve with conditions or disapprove the preliminary plan in writing. Such notice shall be given to the applicant in person or mailed to him at his last known address not later than 15 days following the decision. If the plan is approved with conditions or disapproved, the Borough 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 ordinance 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; 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 guarantee 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.

3. Final plan.

A. Submission of final plans.

(1) After the subdivider or developer has received official notification from the Borough Council that the preliminary plan has been approved, he must submit a final plan in accordance with the provisions of Section 508 of the Municipalities Planning Code.

(2) The final plan shall conform in all respects with 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 Engineer to the Planning Commission for review and recommendation as the preliminary plan.

(3) The subdivider or developer must submit with the final plan a guarantee for the installation of improvements which meets the requirements of Part 6.

(4) The application form shall be accompanied by the requisite inspection and engineering fees as set forth in § 22-302.3.

(5) Documented approval of the planning module for land development by the Pennsylvania Department of Environmental Protection shall be a part of the requisite materials accompanying the final plan submission.

(6) The subdivider or developer shall submit a reproducible original of the plan, nine prints of the final subdivision or land development plan and at least three copies of all other required information.

(7) Upon receipt of the final plan, the Engineer shall forward the original plan and five copies of the plan and one copy of all the other material to the Planning Commission for review and recommendation; one copy of the plan and one copy of all other material to the Allegheny County Conservation District for review and comments; one copy of the plan and one copy of all other material to the Allegheny County Planning Commission; one copy of the plan to the Borough Building Inspector; and copies to such other agencies whose recommendations would be pertinent to the processing of the plan.

B. Review of final plan.

(1) 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 chapter.

(2) The Planning Commission shall act on the final plan within 60 days of the official filing date.

C. Planning Commission recommendation.

(1) The Planning Commission shall recommend whether the final plan shall be approved, approved with modifications or disapproved, and shall notify the Borough Council in writing thereof, including, if approved with modifications or disapproved, a statement of reasons for such action.

(2) In making its recommendation, the Planning Commission shall consider the recommendations of the Borough Engineer and staff, the Borough Building Inspector, the Allegheny County Planning Commission, the Allegheny County Conservation District, PennDOT, and the recommendations of any agency or agencies from which a review was requested under § 22-304.3A(7).

D. Borough Engineer review. All plans shall be reviewed by the Borough Engineer, which approval shall precede the transmission of such plans to the Borough Council.

E. Resubmission of final plans. A revised plan submitted after disapproval shall be considered and processed as a new plan submission.

F. Approval of final plans.

(1) The Borough Council shall act on the final plan within 90 days following the date of the regular meeting of the Planning Commission next following the date the application is filed, provided that, should the said next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the day the application has been filed. In the event that any variance from this chapter 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 Borough Council. Failure to do so shall be deemed an approval 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 a failure to meet the extended time or change in manner of presentation of communication shall have like effect. Before acting on a final plan, the Borough Council may hold a hearing thereon after public notice.

(2) The Borough Council shall notify the applicant of its decision to approve, approve with conditions or disapprove the final plan in writing. Such notice shall be given to the applicant in person or mailed to him at his last known address not later than 15 days following the decision. If the plan is approved with conditions or disapproved, the Borough 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 ordinance which have not been fulfilled.

(3) If the final plan is approved subject to conditions, the Borough Council shall not endorse the plan until all of the conditions have been met.

(4) If the Borough 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 pursuant to Sections 509, 510 and 511 of the Municipalities Planning Code and this chapter.

G. Recording of final plans.

(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 file and no less than four prints thereof, which shall be submitted to the Borough not later than 30 days after approval. These plans, upon satisfaction of all conditions attached to the approval, will be signed by Borough Council. A copy of the signed final plan shall be recorded by the subdivider or developer in the office of the Allegheny County Recorder of Deeds within 90 days after approval of the final plan, or the approval of the Borough Council shall be null and void. The final plan must be recorded before proceeding with the sale of lots or construction of buildings.

(2) 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 Council or Borough of Sharpsburg concerning maintenance of improvements by ordinance or resolution.

(3) The subdivider shall place a notation on the final plan if 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 of Sharpsburg shall assume no responsibility for improvements or maintenance thereof, which fact shall be noted on the final plan.