At the first regular meeting of the Planning Commission after the
official date of filing, the Planning Commission shall either accept
the application as properly filed or return the application to the
applicant for resubmission, if the application is found to be incomplete
or improperly filed based upon the Borough Engineer's review.
The official date of filing of an application shall represent
the beginning of the sixty-day period for Planning Commission review
and comment on the application.
The Borough Engineer shall present a written report at the Planning
Commission meeting that states whether an application meets the requirements
of this chapter for content of a preliminary application and that
report shall be referenced in the minutes at the Planning Commission
meeting.
The Planning Commission shall not make a recommendation to Borough
Council on the preliminary plat until the report of the Borough Engineer
regarding the completeness of the application has been received or
30 days from official date of filing has passed.
Within 60 days of the official date of filing of the preliminary
application, the Planning Commission shall make a written recommendation
to the Borough Council for approval, approval with conditions, or
disapproval of the preliminary application, including the preliminary
plat.
The Planning Commission shall not make its recommendation until
the review has been received from the Allegheny County Department
of Economic Development or until 30 days have passed since the date
that the application was submitted to the County for review.
The recommendation of the Planning Commission shall provide reasons
for the recommendation and, in the case of disapproval, shall cite
the specific requirements of this chapter that have not been met.
Within 90 days of the official date of filing of the preliminary
application, Borough Council shall either approve, approve with conditions
or disapprove the preliminary application at a public meeting. The
recommendation of the Planning Commission and the Planning Commission
minutes containing the report of the Borough Engineer shall be made
a part of the record at that meeting.
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. If the preliminary application is not approved,
Borough Council shall specify the defects found in the preliminary
application and cite the requirements of this chapter which have not
been met.
If Borough Council determines that certain conditions are warranted to be attached to preliminary 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 § 182-15D of this chapter.
The applicant shall accept or reject the conditions attached
to preliminary approval by giving written notice to the Borough Zoning
Officer within 30 days of the date of the meeting of Borough Council
at which preliminary approval is granted.
If the applicant fails to give written notice to the Borough
regarding acceptance or rejection of the conditions attached to preliminary
approval within the required 30 days, preliminary approval shall automatically
be rescinded without written notice to the applicant.
At the first regular meeting of the Planning Commission after the
date of filing of a final application, the Planning Commission shall
either accept the application as properly filed or return the application
to the applicant for resubmission, if the application is found to
be incomplete or improperly filed based on the Borough Engineer's
review.
The official date of filing of an application shall represent
the beginning of the sixty-day period for Planning Commission review
and comment on the application.
The Borough Engineer shall present a written report at the Planning
Commission meeting that states whether the application meets the requirements
of this chapter for content of a final application and that report
shall be referenced in the minutes of the Planning Commission meeting.
The Planning Commission shall not make a recommendation to the
Borough Council on the final application until the report of the Borough
Engineer regarding completeness has been received or 30 days from
the date of official filing has passed.
Within 60 days of the official date of filing of the application,
the Planning Commission shall make a written recommendation to the
Borough Council for approval, approval with conditions or disapproval
of the final application, including the final plat.
The recommendation of the Planning Commission shall provide
reasons for the recommendation and, in the case of a recommendation
for disapproval, shall cite the specific requirements of this chapter
that have not been met.
Within 90 days of the official date of filing of the final application,
Borough Council shall approve, approve with conditions or disapprove
the final application at a public meeting and communicate this to
the applicant.
The Planning Commission's recommendation and the Planning
Commission minutes referencing the report of the Borough Engineer
shall be made part of the record at that meeting.
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. Alternatively, direct communication of the written
decision may indicate the same within the same time period.
If the final application is not approved, Borough Council shall
specify the defects found in the final application and cite the specific
requirements of this chapter which have not been met.
If Borough Council determines that certain conditions are warranted to be attached to 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 § 182-16C of this chapter.
The applicant shall either accept or reject the conditions attached to final approval either by giving written notice to the Borough Zoning Officer or by executing the development agreement required by § 182-21 of this chapter within 30 days of the date of the meeting of Borough Council at which final approval is granted.
If the applicant fails to give written notice to the Borough
regarding acceptance or rejection of the conditions attached to final
approval or fails to execute the development agreement within the
required 30 days, final approval shall automatically be rescinded
without written notice to the applicant.
Final applications without final plat approval shall be approved or disapproved in accordance with the procedures specified in § 182-16A, B and C for final applications including final plat approval.
If the developer's final application has obtained all necessary permits and approvals from the Borough and County, state or federal agencies, if any are required, the developer may proceed to construct improvements as indicated in the final application 72 hours after the developer has notified the Borough Engineer by certified mail. The Borough Engineer shall then authorize the inspections required by § 182-29 of this chapter.
Upon completion of the improvements contained in the final application, the developer shall notify the Borough, in writing, of the completion and shall submit five copies of the final plat, as required by § 182-13A(11) of this chapter, with the notice of completion.
Within 10 days of the receipt of the notice of completion and submission
of the final plat, Borough Council shall authorize the Borough Engineer
to inspect the improvements and review the final plat to determine
whether the final plat is in conformance with the previously approved
final application and all applicable requirements of this chapter
and whether the proper officers of the Borough can affix their signatures
to the final plat for recording purposes.
Within 30 days of receiving such authorization, the Borough Engineer
shall report to the Borough Council, in writing, whether the completed
improvements comply with the requirements of this chapter and the
Borough Public Improvements Code and whether the final plat complies
with all applicable requirements of this chapter.
The Borough Engineer's report shall indicate approval or
rejection of the improvements, either in whole or in part, and, in
the case of rejection, shall contain a statement of reasons for such
rejection.
Within 45 days of receipt of the notice of completion of improvements,
Borough Council shall notify the developer, in writing, by certified
or registered mail, of the approval or rejection of the improvements.
Acceptance of the improvements shall be in accordance with the requirements of § 182-33 of this chapter and shall be further subject to the posting of the maintenance bond required by § 182-34 of this chapter.
Within 45 days of the submission of the final plat, Borough Council
shall either approve or disapprove the final plat for recording purposes
at a public meeting.
A letter indicating approval or disapproval shall be sent to
the developer by regular mail within 15 days of the date of the decision.
If the final plat is not approved, Borough Council shall cite the
requirements of this chapter that have not been met.
In the case where development of a subdivision or land development
is projected over a period of years, the Borough authorizes submission
of final applications by sections or phases of development, subject
to such requirements or guarantees for public improvements in future
sections or phases of the development which are essential for the
protection of the public welfare and any existing or proposed section
or phase of the plan.
All sections or phases shall conform to the preliminary application as previously approved by the Borough. Any phase that contains substantive changes in the number of lots or buildings proposed or in the layout of the lots, buildings or streets previously approved in the preliminary application shall require complete submission of the preliminary application in accordance with §§ 182-10 and 182-11 of this chapter.
If the first section or phase of a plan granted preliminary approval
is not submitted for final approval within 12 months of the date that
preliminary approval is granted by Borough Council, preliminary approval
shall expire automatically without notice to the applicant or current
landowner.
Failure of the governing body or agency 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 like effect.
The Borough may offer the mediation option as an aid in completing
the proceedings authorized by this article. Mediation shall supplement,
not replace, those procedures in this article once they have been
formally initiated.
Participation in mediation shall be wholly voluntary. The appropriateness
of mediation shall be determined by the particulars of each case and
the willingness of the parties to negotiate.
In offering the mediation option, Borough Council shall ensure that
in each case, the mediating parties, assisted by the mediator as appropriate,
develop terms and conditions for:
Selecting a mediator who, at a minimum, shall have a working knowledge
of municipal zoning and subdivision procedures and demonstrated skills
in mediation.
Suspending time limits otherwise authorized in this chapter or in
the Pennsylvania Municipalities Planning Code (Act 247, as amended),[1] provided there is written consent by the mediating parties,
and by an applicant or Borough decision-making body, if either is
not a party to the mediation.
Ensuring that mediated solutions are in writing and signed by the
parties, and become subject to review and approval by the appropriate
decision-making body pursuant to the authorized procedures set forth
in this chapter.
No offers or statements made in the mediation sessions, excluding
the final written mediated agreement, shall be admissible as evidence
in any subsequent judicial or administrative proceedings.
When requested by the developer, in order to facilitate financing,
Borough Council shall furnish the developer with a signed copy of
a resolution indicating approval of the final plat contingent upon
the developer obtaining a satisfactory financial security.
The final plat shall not be signed nor recorded until the completion
bond and Development Agreement are executed. The resolution shall
expire and be deemed to be revoked if the completion bond and Development
Agreement are not executed within 90 days, unless a written extension
is granted by the Borough Council. Such extension shall not be unreasonably
withheld and shall be placed in writing at the request of the developer.
In lieu of the completion of any improvement required prior to and
as a condition for final approval of a plat, the applicant shall deposit
a completion bond, as defined by this chapter, in favor of the Borough
in an amount equal to 110% of the cost of completion of the improvements
estimated as of 90 days following the date scheduled for completion
by the developer.
Annually, the Borough may adjust the amount of the completion bond
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 this adjustment, the Borough may require the developer
to post additional security in order to ensure that the completion
bond equals said 110%. Any additional security shall be posted by
the developer in accordance with this section.
The amount of the completion bond 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.
If the applicant or developer and the Borough are unable to agree
upon such estimate, then the estimate shall be recalculated and recertified
by another professional engineer licensed as such in this Commonwealth
and chosen mutually by the Borough and the applicant or developer.
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 the party posting the completion bond requires more than one year
from the date of posting of the completion bond to complete the required
improvements, the amount of the completion bond may be increased by
an additional 10% for each one-year period beyond the first anniversary
date from posting of the completion bond or to an amount not exceeding
110% of the cost of completing the required improvements as reestablished
on or about the expiration of the preceding one-year period by using
the above procedure.
As a condition of granting final approval of subdivision or land
development which requires the installation of public improvements
or to which conditions are attached to the grant of final approval,
Borough Council shall require that the developer execute a Development
Agreement with the Borough, in a form acceptable to the Borough Solicitor,
containing any conditions attached to the approval of the plan and
provisions that are reasonable and required to guarantee the proper
installation of public improvements and common amenities required
by this chapter related to the subdivision and/or land development
and provisions necessary to indemnify the Borough in connection therewith.
The plan for recording shall contain the following notation: "This
plan is approved subject to a Development Agreement which is on file
in the Borough Office."
Said agreement shall be executed, the required completion bond shall
be posted and all required fees shall be paid before the Borough Secretary
or, in his/her absence, the Assistant Borough Secretary shall affix
his or her signature and the Borough Seal to the final plat for recording
purposes.
Upon approval of a final plat, the developer shall within 90 days
of such final approval record such plat in the office of the recorder
of deeds of Allegheny County. The recorder of deeds shall not accept
any plat for recording, unless such plat officially notes the approval
of Borough Council and Allegheny County Department of Economic Development.
Any request for final approval which is submitted after 180 days from the date of the original granting of final approval shall be required to resubmit an application for final approval in conformance with the requirements of § 182-12 and §§ 182-16 through 182-23 of this chapter.
Upon recording of the final plat in the Office of the County Recorder
of Deeds, the developer shall deliver to the Borough one paper print
of the final plat as recorded, containing all required signatures
and dates of approval.
At the time of final plat submission, the applicant shall be required
to pay a recorded plan deposit in an amount determined from time to
time by resolution of the Borough Council.
This deposit shall be returned to the applicant when the Borough
receives a signed and recorded reproducible original of the plan or
when the applicant has officially withdrawn the application.