Prior to filing an application for preliminary approval, the
developer may appear before the Council for a preapplication conference
to discuss the applicable regulations governing subdivision and/or
development of the property and the feasibility and timing of the
application. The preapplication conference is voluntary, and no formal
application or fee is required. This opportunity is afforded to the
developer to obtain information and guidance before entering into
binding commitments or incurring substantial expenses for plan preparation.
A.
The applicant shall file 10 copies of an application for preliminary approval to the Borough, including the form provided by the Borough at least 10 working days prior to the regular meeting of the Council. The preliminary application shall not be considered to be complete and properly filed unless and until all items required by § 315-11 of this chapter, including the application fee, have been received.
B.
Upon receipt, the application shall be stamped with the date of receipt
by the Borough. Upon receipt, copies of the application shall be distributed
to each member of the Council and to the Borough Engineer for review.
The Borough Zoning Officer shall submit one copy of the application
to the Allegheny County Department of Economic Development for review
and comment within five days of the Council's acceptance of the
application as complete. Copies also may be referred to any other
appropriate review agency at the request of the Council.
A.
All applications. All applications for preliminary approval of a
subdivision and/or land development shall include the following:
(1)
Ten copies of the completed application form supplied by the Borough,
along with a completed Allegheny County Department of Economic Development
subdivision and land development application;
(3)
Ten copies of a preliminary plat, all drawings on sheets not exceeding
34 inches by 44 inches, containing the following information:
(a)
A boundary survey by a registered professional land surveyor
and topographical survey of the total proposed subdivision by a registered
professional engineer or registered professional land surveyor. If
the developer intends to develop a tract of land in phases, the preliminary
plat must include the total tract. Municipal boundaries also required.
(b)
The proposed name of the subdivision or land development.
(c)
The name, address, certification and seal of the registered
engineer or registered surveyor who did the survey shown on the plat.
(d)
The name and address of the developer and, if the developer
is not the landowner, the name and address of the landowner.
(e)
A location map showing the plan name and location; major existing
thoroughfares related to the site, including the distance therefrom,
title, scale and North point.
(f)
The graphic scale, North point and date.
(g)
The legend and notes.
(h)
The existing platting of land adjacent to the site and all existing
sewers, water mains, culverts, petroleum or gas lines and fire hydrants
on or within 100 feet of the site shall be shown. Also include names
of adjacent landowners of lots not in previously recorded plan. Include
any oil and gas wells.
(i)
Existing watercourses, wetlands, tree masses and other significant
natural features.
(j)
Areas subject to periodic flooding, as identified on the current
Official Map for the Borough issued by the Federal Insurance Administration.
Any floodway or 100-year floodplain shall be mapped with a reference
to the community panel number, map name, date and map parcel number.
A FEMA map is also adequate. The more restrictive will be followed
by the Borough.
(k)
Contours at intervals of elevation of not more than five feet
where the slope is greater than 10% and at intervals of not more than
two feet where the slope is 40% or less. Existing and proposed contours
should both be shown.
(l)
Existing streets and rights-of-way on or adjoining the site,
including dedicated widths, roadway widths, approximate gradients,
types and widths of pavements, curbs, sidewalks and other pertinent
data. Include the names of all streets and roads as well as jurisdiction
of ownership.
(m)
Existing and proposed easements, owners of easements, locations,
widths and purposes. All easements shall have bearings and distances
describing them.
(n)
Location, width and approximate grade of all proposed streets,
parking areas and loading areas.
(o)
The layout of lots (showing scaled dimensions), lot numbers
and the area of lots in square feet.
(p)
Front building lines. Rear and side yard requirements are required
as well.
(q)
Parcels of land proposed to be reserved for schools, parks,
playgrounds or other public, semi-public or community purposes, if
any. Parcels shall be lettered A, B, C, etc., and the area of each
parcel in acres shall be shown.
(r)
Tabulation of site data on the plan, including total acreage
of land to be subdivided, the number or residential lots, typical
lot size, the acreage in the subdivision or land development and the
acreage in any proposed recreation or other public areas.
(s)
Proposed public improvements. The size of each should be shown
and the location of, or distance to, each existing utility indicated.
(t)
A brief narrative describing the proposed project.
(u)
Schedule of zoning district requirements, including area and
bulk regulations, density, coverage, and building and yard requirements.
Show zoning of all adjacent land.
(v)
List any variances or other zoning approvals which are being
requested or which have been granted.
(w)
List, with supporting evidence for the request, any modifications
or waivers of subdivision and land development regulations that are
requested.
(x)
Identify soil series as shown in the Soil Survey of Allegheny
County. Plot soil limits lines on the plan.
(z)
General vegetative cover. Provide a brief description of the
general vegetative cover of the site and show approximate location
of woodlands.
(aa)
Significant cultural features, including cemeteries, historic
buildings, structures, plaques, markers, or monuments with location
and source of information.
(bb)
Existing structures. Show approximate location and type. If
an existing structure is proposed to be demolished, show clearly on
the plans.
B.
Additional requirements for land developments. For all applications
which propose a land development, as defined herein, the following
information also shall be required to be submitted as part of the
preliminary application:
(1)
A geologic report by a qualified registered professional engineer
regarding soil and subsurface conditions and the probable measures
needed to be considered in the design of the development, the location
of structures and the design of foundations, if any, as designed for
the protection for the public and private improvements.
(2)
A copy of a report from the United States Natural Resources Conservation
Service concerning soil conditions and water resources.
(3)
A soil erosion and sedimentation control plan prepared by a person
trained and experienced in control methods and techniques which conforms
to the requirements of the Pennsylvania Clean Streams Law[2] and Chapter 102 of the Rules and Regulations of the Pennsylvania
Department of Environmental Protection governing erosion control.[3]
(4)
Traffic report and structural analysis. For all applications which
propose 50 or more dwelling units, or 30,000 or more square feet of
gross floor area of a building or buildings, or any development which,
according to the Institute of Transportation Engineers (ITE) standards,
will generate in excess of 50 trips per day, a traffic report prepared
by a qualified traffic engineer shall be submitted. A structural analysis
of any Borough roadways that will be impacted by the proposed development
must also be performed. A professional engineer registered in the
state of Pennsylvania must perform the analysis and a laboratory that
has been certified by the state of Pennsylvania must perform all tests.
(a)
The traffic report should contain the following data and information:
[1]
General site description. A detailed description of the roadway
network within 1/2 mile of the site, a description of the proposed
land uses, the anticipated stages of construction and the anticipated
completion date of the proposed development shall be provided. The
description, which may be in the form of a map, shall include the
following items:
[2]
Description of existing capacities and levels of service of
all streets and intersections within 1,000 feet of the site.
[3]
A determination detailing the nature and extent of trip generation
expected to result from the proposed development based on the ratios
and methodology contained in the current edition of the manuals of
the Institute of Transportation Engineers (ITE).
[4]
The projected capacities and levels of service and impact of
the proposed development on existing roadways and intersections within
1,000 feet of the site.
(b)
The applicant wishing to utilize existing Borough roads for
any activity in which there exists the possibility of creating excessive
traffic volumes and/or heavy loads which, in the opinion of the Borough's
Engineer, may exceed the roads' present load-bearing capacity will
be subject to the following minimum procedures. To determine the load-bearing
capacity of existing roads, the Borough may impose any or all of the
following requirements on to the applicant. All costs of said requirements
would be the responsibility of the applicant.
[1]
Highway capacity analysis. The applicant will be required to
perform a capacity study that determines the amount of traffic, its
frequency and timing, axle weights, and types of vehicles. A professional
engineer registered in the state of Pennsylvania must perform the
capacity analysis. The report must be stamped and signed by the engineer.
[2]
Material strength tests (laboratory analysis).
[a]
California bearing ratio for measurement of subgrade
strength.
[b]
Measure the depth and determine the type of subbase
aggregates. Establish and assign the structural coefficient rating
number.
[c]
Measure the depth and determine the type of bituminous
base course. Establish and assign the structural coefficient rating
number.
[d]
Measure the depth and determine the type of bituminous
wearing course. Establish and assign the structural coefficient rating
number.
[e]
Perform the gradation and/or extraction tests on
bituminous materials when required.
[f]
Calculate the construction number based on the
results of the above-referenced tests.
[g]
Compare the construction number with the findings
presented in the highway capacity study to determine if sufficient
strength exists to support the proposed traffic volumes and axle loads.
[h]
A copy of the completed application for sewage
facilities planning module, as filed.
[i]
A stormwater management report.
[j]
Schedule of phased developments with projected
dates for filing applications for final approval of each phase.
|
A laboratory that has been certified by the state of Pennsylvania
must perform all tests. The report verifying the construction number
must be stamped and signed by the engineer.
|
[3]
The Borough of Oakdale may require a traffic study and/or structural
analysis for developments where the development does not exceed 50
or more dwelling units, or 30,000 or more square feet of gross floor
area of a building or buildings, or any development which, according
to the Institute of Transportation Engineers (ITE) standards, will
generate in excess of 450 trips per day in cases where known deficient
levels of services based on Pennsylvania Department of Transportation
and Borough standards exist or engineering deficiencies exist in the
area of the proposed development that would place a constraint on
traffic volumes.
(5)
For all applications which propose 100 or more dwelling units or
100,000 or more square feet of gross floor area of a building or buildings,
a report prepared by a registered engineer shall be submitted evaluating
the impact of the development on existing off-site public facilities
and utilities, including, but not limited to, storm sewers, water
supply systems, parks and schools.
(6)
A landscaping plan showing compliance with any applicable buffer area and landscaping requirements of Chapter 375, Zoning,.
(7)
Nine copies of a land development plan, as defined by this chapter,
which includes the following information:
(a)
The zoning classification of the area to be subdivided and/or
developed.
(b)
The proposed use, location, area, height and bulk of all existing
and proposed structures and dimensions of all yards.
(c)
The layout of parking area and a computation of the number of
parking spaces to be provided.
(d)
Patterns of pedestrian and vehicular circulation on the site,
ingress, egress and circulation into and out of the site.
(e)
The location, size and specifications for private improvements
such as curbs, sidewalks, driveways, parking areas, landscaping strips
or planters, wheel stops and the like.
(f)
The location and specifications for lighting of parking areas
and walkways.
(g)
The location and types of proposed landscaping materials.
(h)
Dates of preparation and dates of all revisions to the plan.
(i)
Name of the registered architect, landscape architect or professional
engineer who prepared the plan.
A.
Council recommendation.
(1)
At the first regular meeting of the Borough Council after the date
of filing of a preliminary application, the Council shall either accept
the application as properly filed or return the application to the
applicant for resubmission if the application is incomplete or improperly
filed. The acceptance of the application or return of the application
by the Council shall be in writing. If the application is returned
as incomplete, the written notice shall cite the specific requirements
of this chapter which have not been met.
(2)
The date of the Council meeting at which the preliminary application
is accepted as complete and properly filed shall be the official filing
date of application and shall represent the beginning of the sixty-day
period for Council review and action on the application.
(3)
At that Council meeting, the Borough Engineer shall present a written
report to the Council which states whether an application complies
with the requirements of this chapter, and that report shall be included
in the minutes at the Council meeting. The Council shall not make
a recommendation on the application until the report of the Borough
Engineer has been received.
(4)
Within 60 days of the official date of filing of the preliminary
application, the Council shall make a written recommendation to the
Borough Council for approval, approval with conditions or disapproval
of the preliminary application. The Council shall not make its recommendation
until the review has been received from the Allegheny County Department
of Economic Development or until 30 days has passed since the date
that the completed and accepted application was submitted to the County
for review. The recommendation of the Council shall provide reasons
for the recommendation and, in the case of a recommendation for disapproval,
shall cite the specific requirements of this chapter which have not
been met.
B.
Borough Council action.
(1)
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 Council and the Council minutes containing the
report of the Borough Engineer shall be made a part of the record
at the meeting.
(2)
A letter indicating approval, approval with the 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,
the Borough Council shall specify the defects found in the preliminary
application and cite the requirements of this chapter which have not
been met.
C.
Conditional approval. If the 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 § 315-12B of this chapter. The applicant shall accept or reject the conditions attached to preliminary approval by giving written notice to the Borough Secretary within 30 days of the date of the meeting of the 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.
D.
Deemed approval. Failure of the Borough Council to render a decision
and communicate it to the applicant within the time and in the manner
prescribed by this chapter shall be deemed an approval of the application
in the terms as presented, unless the applicant has agreed, in writing,
to an extension of time or change in the prescribed manner of presentation
of communication of the decision, in which case, failure to meet the
extended time or change in manner of presentation of communication
shall have like effect.
E.
Expiration of preliminary approval.
(1)
Preliminary approval shall expire five years from the date of the
grant of preliminary approval by the Borough Council, unless a written
request for an extension is submitted by the applicant and approved
by the Borough Council. Any request for extension shall be submitted
to the Borough Council at least 30 days prior to the prevailing expiration
date. Extensions may be granted for one or more six-month periods
upon a finding by the Borough Council that such extension is warranted.
(2)
In the case of a phased development calling for the installation
of improvements beyond the five-year period, a schedule shall be filed
by the applicant with the preliminary application delineating all
proposed phases, as well as time deadlines by which applications for
final plat approval of each phase are intended to be filed. Such schedule
shall be updated annually by the applicant on or before the anniversary
or preliminary approval until final plat approval of the final phase
has been granted. Any modification in the aforesaid schedule shall
be subject to approval by the Borough Council in its sole discretion.
A.
General procedure.
(1)
After a preliminary application has been approved by the Borough
Council, the developer may proceed by filing either of the following
types of applications:
(a)
A final application without final plat approval, whereupon required
improvements are installed prior to a request for final plat approval;
or
(b)
A final application, including final plat approval, together
with the completion bond to guarantee proper installation of required
improvements in the plan.
(2)
In either case, the applicant shall submit nine copies of the final
application to the Borough, including the form provided by the Borough,
at least 10 working days prior to the regular meeting of the Council.
A copy of the approved preliminary plan shall accompany the final
application.
(3)
Upon receipt, the application shall be stamped with the date of receipt
by the Borough. Upon receipt, copies of the application shall be distributed
to the Borough Engineer, members of the Council and the Chairman of
the Borough Council.
B.
Final application, including final plat approval. A final application shall not be considered to be complete and properly filed unless and until all items required by § 315-14 of this chapter, including the application fee, have been received.
C.
Final application without final plat approval.
(1)
In the case of a final application which does not include final plat approval, the completion bond required by § 315-14E shall not be required; however, all other materials required to complete a final application, including the final plat required by § 314-15G, shall be submitted. The application filing fee shall be submitted at the time of filing the final application without plat approval, and additional application filing fees shall not be charged at the time of the request for final plat approval if the request for final plat approval is submitted within 12 months of the date of submission of the final application without plat approval. However, application review fees shall be charged both at the time of filing of the final application and at the time of submission of the final plat in accordance with the requirements of § 315-55 of this chapter.
All applications for final approval of a subdivision and/or
land development shall include the following:
A.
Ten copies of the completed application form supplied by the Borough,
along with a completed Allegheny County Department of Economic Development
subdivision and land development application if the final application
contains changes from the approved preliminary application;
C.
One copy of the approved preliminary plat;
D.
Construction plans for public improvements prepared by a registered
professional engineer drawn on sheets measuring 24 inches by 36 inches
showing the following:
(2)
Street plan and profile of each street in the plan, including the
terminus of all streets in the plan and any area beyond the limits
of the plan where grading is proposed to construct the street. Street
plan and profile drawings shall include all drainage easements over
property, location of catch basins, inlets, manholes, headwalls and
endwalls of the stormwater system. Top and invert elevations shall
be shown, along with the pipe size. Profile of storm pipes shall show
any crossing sanitary sewer lines and may be placed on a separate
drawing. Lot lines and lot numbers shall be included in the street
plan view.[2]
(3)
Sanitary sewer plan and profile drawing which shall include lot lines
and lot numbers on the plan view. The location of the sanitary sewers
and manholes proposed for installation shall be shown. The grade line,
distance and pipe size of each line shall be indicated on the plan
and profile. The top and invert elevation of each manhole plus pipe
invert grades at fifty-foot intervals shall be provided.
(4)
All construction drawings shall be prepared according to acceptable
engineering standards and with the construction standards and in accordance
with the standard sanitary and storm sewer details available from
the Borough.
F.
Final covenants and restrictions applicable to the plan, if any;
and
G.
Ten copies of the final plat in accurate and final form for recording
which clearly delineates the following:
(1)
The name of the subdivision or land development.
(2)
The name and address of the developer and, if the developer is not
the landowner, the name and address of the landowner.
(3)
The name, address, certification and seal of the registered land
surveyor who prepared the plat.
(5)
Accurate boundary lines, with dimensions and bearings as per § 4.3.1B.2
of the county SALDO.
(6)
Accurate locations of all existing and recorded streets intersecting
the boundaries of the tract of land described in the final plat.
(7)
Lot numbers and dimensions.
(8)
Final building lines.
(9)
Easements for public improvements and any limitations on such easements.
(10)
Dimensions and bearings of any property to be reserved for public,
semipublic or community use.
(11)
Street names.
(12)
Complete curve data for all curves included in the final plat,
including radius, arc length, chord bearing and chord distance. Lines
which join these curves that are nonradial or nontangential should
be so noted.
(13)
Street lines with accurate dimensions in feet and hundredths
of feet.
(14)
If applicable, a notation on the plat that access to a state
highway shall only be authorized by a highway occupancy permit issued
by the Pennsylvania Department of Transportation under Section 420
of the State Highway Law (P.L. 1242, No. 428 of June 1, 1945).[4]
[4]
Editor's Note: See 36 P.S. § 670-420.
(15)
Location, type and size of all monuments and lot markers in accordance with the standards and requirements of § 315-30 of this chapter and the Allegheny County Department of Economic Development (ACED) and in indication of whether they were found or set.
(16)
Certification clauses required by the Allegheny County Subdivision
and Land Development Ordinance.
(17)
Lot and block or Tax Map parcel numbers.
(18)
Platting of adjacent property and the names of the adjacent
property owners of land not platted.
(19)
A notation on the plan of any modifications or waivers granted
to the provisions of this chapter.
(20)
The name and plan book volume and page numbers of the previously
recorded plan, if any.
(21)
Permits and approvals. Certified copies of all permits and approvals
required by applicable federal and state laws and county codes and
regulations.
H.
For land development plans:
(1)
Final site plan, including building locations, parking areas, roads
and access drives, landscaping and buffer yards.
(2)
Final grading plan, including all final contours, grade, floor elevations,
permanent conservation measures, limit of disturbance line, typical
keyway and/or benching details, and earthwork quantities in cubic
yards.
(3)
Final stormwater management plan, including all final calculations.
(4)
Final soil erosion and sedimentation pollution control plan as approved
by Allegheny County Conservation District, or submitted and pending.
A.
Final applications including final plat approval.
(1)
At the first regular meeting of the Council after the date of filing
of a final application, the Council shall either accept the application
as properly filed or return the application to the applicant for resubmission
if the application is incomplete or improperly filed. The acceptance
of the application or return of the application by the Council shall
be in writing. If the application is returned as incomplete, the written
notice shall cite the specific requirements of this chapter which
have not been met.
(2)
The date of the Council meeting at which the final application is
accepted as complete and properly filed shall be the official filing
date for the application and shall represent the beginning of the
thirty-day period for Council review and action on the application.
(3)
The Borough Engineer shall present a written report at the Council
meeting which states whether the application complies with the requirements
of this chapter, and that report shall be included in the minutes
of the Council meeting. The Council shall not make a recommendation
on the application until the report of the Borough Engineer has been
received.
(4)
Within 60 days of the official date of filing of the application,
the Council shall make a recommendation, in writing, to the Borough
Council for approval or disapproval of the final application. The
recommendation of the Council shall provide reasons for the recommendation
and, in the case of a recommendation for disapproval, shall cite the
specific requirements of this chapter which have not been met.
(5)
Within 90 days of the official date of filing of the application,
the Borough Council shall either approve, approve with conditions
or disapprove the final application at a public meeting. The Council's
recommendation and the Council minutes containing the report of the
Borough Engineer shall be made a part of the record at that meeting.
(6)
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 final application is not approved, the
Borough Council shall specify the defects in the final application
and cite the requirements of this chapter which have not been met.
B.
Conditional approval. If the 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 § 315-15A of this chapter. The applicant shall accept or reject the conditions attached to final approval either by giving written notice to the Borough Secretary or by executing the development agreement required by § 315-19 of this chapter within 30 days of the date of the meeting of the 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 execute the development agreement within the required 30 days, final approval shall automatically be rescinded without written notice to the applicant.
C.
Final applications without final plat approval. Final applications without final plat approval shall be approved or disapproved in accordance with the procedures specified in § 315-15A for final applications including final plat approval. If the developer's final application without final plat approval has been approved and the developer 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 progress inspections required by § 315-22 of this chapter. The installation of all improvements shall be subject to the progress inspections required by § 315-22.
D.
Final plat approval after completion of improvements.
(1)
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 final plat, as required by § 315-14G 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, the 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.
(2)
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 construction standards[1] 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.
(3)
Within 45 days of receipt of the notice of completion of improvements, the 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 § 315-26 of this chapter and shall be further subject to the posting of the maintenance bond required by § 315-27 of this chapter.
(4)
Within 45 days of the submission of the final plat, the Borough Council
shall either approve or disapprove the final plat for recording purposes
at a public meeting. The Borough Engineer's written report shall
be made a part of the record at the 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,
the Borough Council shall specify the defects found in the final plat
and shall cite the requirements of this chapter which have not been
met.
E.
Deemed approval. Failure of the Borough Council to render a decision
and communicate it to the applicant within the time and in the manner
prescribed by this chapter shall be deemed an approval of the application
in the terms as presented, unless the applicant had 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.
F.
Phased approval.
(1)
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 section 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.
(2)
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 resubmission of the preliminary application in accordance with §§ 315-10, 315-11 and 315-12 of this chapter.
A.
The Borough Council 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. Nothing in this section shall be interpreted as
expanding or limiting Borough police powers or as modifying any principles
of substantive law.
B.
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, the Borough Council shall assure that in each case, the mediating
parties, assisted by the mediator as appropriate, develop terms and
conditions for:
(1)
Funding mediation.
(2)
Selecting a mediator who, at a minimum, shall have a working knowledge
of municipal zoning and subdivision procedures and demonstrated skills
in mediation.
(3)
Completing mediation, including time limits for such completion.
(4)
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 the Borough Council, if either is not a party
to the mediation.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(5)
Identifying all parties and affording them the opportunity to participate.
(6)
Subject to legal restraints, determining whether some or all of the
mediation sessions shall be open or closed to the public.
(7)
Assuring that mediated solutions are in writing and signed by the
parties, and become subject to review and approval by the Borough
Council pursuant to the procedures for approval set forth in this
article.
C.
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,
the 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 is executed. The resolution shall expire and
be deemed to be revoked if the completion bond and development agreement
is 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.
A.
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.
B.
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 said adjustment, the Borough may require the developer to post
additional security in order to assure that the completion bond equals
said 110%. Any additional security shall be posted by the developer
in accordance with this subsection.
C.
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 an engineer and certified
by such engineer to be a fair and reasonable estimate of such cost.
The Borough, upon the recommendation of the Borough Engineer, may
refuse to accept such estimate for good cause shown. If the applicant
or developer and the Borough are unable to agree upon an estimate,
then the estimate shall be recalculated and re-certified by another
engineer and chosen mutually by the Borough and the applicant or developer.
The estimate certified by the third engineer shall be presumed fair
and reasonable and shall be the final estimate.
(1)
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.
D.
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.
A.
As a condition of granting final approval of a subdivision or land
development that requires the installation of public improvements
or to which conditions are attached to the grant of final approval,
the 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 reasonably necessary to guarantee the proper installation
of on-site and off-site improvements related to the subdivision and/or
land development and provisions necessary to indemnify the Borough
in connection therewith.
B.
Said agreement shall be executed, the required completion bond shall
be posted and all required fees shall be paid before the 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 by the Borough, the developer
shall within 90 days of such final approval or 90 days after delivery
of an approved plat signed by the Borough, following completion of
conditions imposed for such approval, whichever is later, record such
plat in the Recorder of Deeds of Allegheny County, which plat shall
before recordation include an official notation of the Borough's
approval and the County Planning Agency's approval of the plat.
Upon recording of the final plat in the office of the County
Recorder of Deeds, the developer shall deliver to the Borough a Mylar
and one paper print of the plat as recorded, containing all required
signatures and dates of approval, along with a digital copy of the
recorded plan.
