[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.
[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.