[Ord. No. 2002-196, 9/30/2002]
The plat requirements and application procedures shall be followed
by developers as set forth herein and shall be submitted to the Planning
Commission for review prior to consideration by the Borough Council.
[Ord. No. 2002-196, 9/30/2002]
1.
Prior to the filing of an application for conditional approval of
a preliminary subdivision plat, the subdivider shall submit the following
plans and data to the Planning Commission:
A.
General Information. Describe existing covenants, land characteristics,
community facilities and utilities, the number of lots and sizes,
business areas, playgrounds, utilities and street improvements.
B.
Location Map. Map shall show relationship of the proposed subdivision
to existing community facilities which serve or influence it and existing
facilities, title, scale and North arrow.
C.
Sketch Plan. Sketch plan at a scale of one inch equals 100 feet or
larger shall show in simple sketch form the proposed layout of streets,
lots and other features in relation to existing conditions and shall
include the following:
(1)
The proposed name of the subdivision.
(2)
Name of the subdivider.
(3)
Name of the registered owner.
(4)
North point, scale and date.
(5)
Name of the engineer, surveyor, landscape architect, or other
qualified person responsible for the map.
(6)
Tract boundaries with bearings and distances.
(7)
Approximate location of watercourses, tree masses, rock outcrops,
existing buildings, and actual location of sanitary sewers, storm
sewers and inlets, water mains, easements, fire hydrants, railroads,
existing or confirmed streets and their established grades.
(8)
Adjacent street.
(9)
Zoning District in which property is located.
D.
Review. After review and discussion with the developer, the Planning
Commission shall indicate the suitability of the plan for development
into preliminary plats.
[Ord. No. 2002-196, 9/30/2002]
1.
Preliminary Plat Application. The subdivider shall prepare and submit
to the Planning Commission Secretary, at least 20 days prior to the
regular monthly meeting of the Planning Commission, eight copies of
the preliminary plats of the total land to be ultimately developed
for review by the Planning Commission, according to the requirements
and standards contained herein. Upon receipt of the plat, the Planning
Commission shall forward a copy to the Westmoreland County Planning
Commission for review and recommendation, comments to be submitted
back to the Borough of New Stanton within 30 days of submittal.
2.
Application Fee. At the time of filing an application for preliminary
plat approval, the developer shall pay to the Borough Council, for
use by the Borough, a fee set by resolution to defray the cost of
processing of such plat approval applications and for payment to consultants
hired by the Borough of New Stanton to conduct reviews of said applications.
3.
Information Required. The preliminary plat shall be drawn at a scale
of 100 feet to the inch or greater and shall show or be accompanied
by the following information. All information required shall be supplied
to the extent and in the manner required by the Borough Engineer:
B.
Names and addresses of the owner or owners of the property.
C.
Name of the subdivision or land development to be recorded.
D.
North point, scale and date.
E.
Name of professional engineer or the professional land surveyor who
surveyed the property and prepared the plat.
F.
Contours at vertical intervals of two feet or, in the case of relatively
level tracts, at such lesser interval as may be necessary for satisfactory
study and planning of the tract.
G.
Datum to Which Contour Elevations Refer. Where reasonably practicable,
data shall refer to known, established elevations.
H.
Show all existing watercourses, wetlands, banks, tree masses, and
other significant natural features.
I.
Identify any floodplain, flood hazard area, flood-prone area as established
by the Federal Emergency Management Agency.
J.
Show location and size of all existing buildings; location, size
and invert elevation of all sanitary and stormwater sewers; and location
of all manholes, inlets, culverts and bridges, water mains, gas mains,
fire hydrants, telephone conduit lines, electric power transmission
lines, petroleum or petroleum products lines, and other significant
man-made features.
K.
All existing streets located on or adjacent to the tract, including
name, right-of-way widths and cartway width and type of improvement
materials used on the cartway.
L.
All existing property lines, easements and rights-of-way and the
purpose for which the easements or rights-of-way have been established.
M.
Location and width of all proposed streets, alleys, rights-of-way
and easements, proposed lot lines with approximate dimensions, proposed
minimum setback on public buildings, public areas and parcels of land
proposed to be dedicated or reserved for public use.
N.
The preliminary plat shall show the names of owners of all abutting
unplotted land and the names of all abutting subdivisions.
O.
Where the preliminary plat covers only a part of the developer's
entire holding, a sketch shall be submitted of the prospective street
and lot layout of the remainder of the land.
P.
A plan of the proposed public water distribution system for review
and approval by the appropriate authority or a plan showing the location
of individual wells in accordance with the requirements of the Clean
Water Act (33 U.S.C. § 1251 et seq., 1977).
Q.
A plan of the proposed sanitary sewer collection system or treatment
facilities will be required in accordance with the requirements of
the Pennsylvania Sewage Facilities Act (Act 537, as amended)[1] for review and approval of the appropriate authority.
[1]
Editor's Note: See 35 P.S. § 750.1 et seq.
R.
Where on-lot sewage disposal systems are proposed, the developer
or owner shall submit a completed Department of Environmental Protection
sewage facilities planning module in accordance with the requirements
of the Pennsylvania Sewage Facilities Act (Act 537), as amended.
S.
Preliminary plat shall identify the zoning district in which the
property is located and show the zoning boundaries, if any, that traverse
or are within 300 feet of the area covered by the plan.
T.
Preliminary plat shall show such street extensions or spurs as are
reasonably necessary to provide adequate street connections and facilities
to adjoining or contiguous developed or undeveloped areas.
U.
Subsurface condition (whether undermined, etc.) of the tract to be
subdivided or proposed to be developed.
V.
Profiles showing existing ground and proposed street center line
grades.
W.
Typical cross section of roadways, showing cartways, water, sanitary
and stormwater sewers, gas, electric, cable and telecommunications,
utilities, and sidewalks.
X.
The developer shall provide such additional information as may be
required by the Planning Commission, Borough Council, Borough Engineer,
Zoning and Codes Officer, or Sewage Enforcement Officer in order to
more fully evaluate the proposed subdivision and its effect on adjacent
property or the Borough as a whole.
Y.
A utility plan showing the location and size of the proposed gas,
electric, telecommunications, telephone and cable television systems
with written approval from the appropriate utility company.
AA.
A plan, calculations and narrative for the collection, management
and discharge of all stormwater. The developer shall further provide
all information and plans necessary to indicate that the existing
off-lot watercourse and drainage system is adequate to accommodate
the stormwater resulting from the proposed subdivision or a plan for
improving the off-lot drainage system to meet the demand. Plans and
reports shall be prepared in accordance with Borough policy, guidelines
and the Pennsylvania Storm Water Management Act.[2]
[2]
Editor's Note: See 32 P.S. § 680.1 et seq.
BB.
The preliminary plan shall identify location of any proposed recreational
facilities.
[Ord. No. 2002-196, 9/30/2002]
1.
The preliminary plan shall be accompanied by the following supplementary
data:
A.
A plan revision module for land development as required by the Pennsylvania
Department of Environmental Protection.
B.
Typical street cross-section drawings for all proposed streets.
C.
A written report from the municipal water and sewer authority on
the availability of public water and sewer service to proposed development.
D.
If connection to a public water or sewage system is not proposed,
a report shall be submitted, prepared in accordance with the requirement
and procedures of the Pennsylvania Department of Environmental Protection,
as to how these utilities are proposed to be furnished.
[Ord. No. 2002-196, 9/30/2002]
1.
The Planning Commission shall review the Preliminary Plats and prepare
a written report for the Borough Council. The report shall contain
recommendations for approval, conditional approval or disapproval
with specific reasons for the recommended action. No report or recommendation
shall be prepared prior to receipt of the County Planning Commission's
recommendation or expiration of the thirty-day time period granted
for county reviews.
2.
Prior to preparation of the written report, the Planning Commission
may schedule a public meeting, advertised in accordance with the provisions
of the Sunshine Act,[1] which is mutually convenient to the developer and the
Planning Commission for consideration of the preliminary plat. If
within 30 days of receipt of the preliminary plat, a mutually convenient
date for such meeting cannot be established with the developer, consideration
of the preliminary plat shall be conducted at the next regularly scheduled
meeting of the Planning Commission.
[1]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
3.
At the Planning Commission meeting, when considering the preliminary
plat, the developer shall be given an opportunity to discuss any matters
in the preliminary plat which might assist the Planning Commission
in making its recommendation to the Borough Council.
4.
Action of Borough Council. The Borough Council shall render its decision
on the preliminary plat and communicate such decision to the developer
not later than 90 days following the date of the regular Planning
Commission meeting next following the date the application is filed,
provided that, should the said next regular meeting occur more than
30 days following the date of filing, the ninety-day period shall
be measured from the 30th day following the day the application was
originally filed.
5.
The decision of the Borough Council shall be in writing and shall
be communicated to the applicant personally or mailed to him/her at
his last known address not later than 15 days following the decision.
6.
When the application is not approved in terms as filed, 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
the provisions of the statute or ordinance relied upon.
7.
Failure of the Borough Council to render a decision and communicate it to the applicant within the time and in the manner required herein following receipt of all information necessary to render such opinion as required under § 22-303 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.
8.
Failure on the part of the applicant to supply all data necessary
for review and recommendation as required under this Part shall constitute
an incomplete application and, as such, shall not delay or circumvent
time constraints imposed elsewhere in this section.
9.
Nature of Approval.
A.
Approval of a preliminary plat shall not constitute approval of a final plat, unless said preliminary plat consists of a maximum of three new parcels or lots intended for development as residential uses, in which case preliminary plat approval may act as final plat approval where the Borough Council and the Borough Engineer find that further review is not required. The provisions of § 22-303 shall apply to any applications herein described. In all other cases, preliminary plat approval shall be an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat. Granting of preliminary approval shall not qualify a plat for recording nor authorize development or the issuance of any zoning/building permit, except as herein specified.
B.
Where, due to the nature of an application for subdivision approval, the Planning Commission at its sole discretion may consolidate the review processes for both preliminary plat approval, § 22-303, and final plat approval, § 22-306. Information required in § 22-303 shall be submitted for review and consideration in accordance with the time limits established in this section.
[Ord. No. 2002-196, 9/30/2002]
Upon approval of the preliminary plat, the developer shall submit
an application for approval of a final plat. The application shall
be submitted to the Planning Commission Secretary 20 days prior to
a regular meeting of the Planning Commission and shall include eight
copies of the final plat.
[Ord. No. 2002-196, 9/30/2002]
1.
For all subdivision or land development applications requiring final
approval, the plats submitted must meet the following specifications:
A.
Attestation by the applicant stating that the applicant is the owner
of the tract of land proposed to be subdivided.
B.
Certification by the owner of the tract of land proposed to be subdivided
that there are no restrictions or covenants in place which would affect
any future development or which limit any existing development.
C.
Shall be drawn and submitted on reproducible Mylar or submitted on
a linen duplication reproducible tracing cloth.
E.
Engineering plans, such as road and sewer profiles, stormwater management
or erosion and sedimentation control plans, shall be on sheets no
larger than 24 inches by 36 inches overall. Final plans that are being
submitted for recording purposes, which include the dedication, signatures,
etc., must be on plans no larger than 18 inches by 24 inches. There
shall be a border of 1/2 inch on all sides except the binding end,
which shall be 1 1/2 inches. Where necessary to avoid sheets
larger than the maximum size prescribed above, final plats shall be
drawn in two or more sections accompanied by a key diagram showing
relative location of the section.
F.
Shall be drawn with waterproof ink, and all records, data entries,
statements, etc., thereon shall also be made with the same type of
ink or reproducible typing.
G.
Shall be submitted on a digital medium in a format required by the
Borough for inclusion in the Borough's geographic information
system.
H.
Shall be drawn to a scale of 100 feet to the inch or larger; more
than one sheet may be used for larger tracts and must be indexed.
I.
Shall contain a title block in the lower right hand-corner with the
name under which the subdivision plat is to be recorded. In addition,
blocks for the following information shall be provided:
(1)
Name of the recorded owner and subdivider.
(2)
Municipality in which the subdivision is located.
(3)
Name, address and seal of the registered professional land surveyor
preparing the plat.
(4)
Certificate of ownership, including name of owner of record,
deed book volume, date of instrument and date of recording.
J.
Application Fee. At the time of filing of the application for approval
of final plats, the developer shall pay to the Borough Council a fee
set by resolution for such plat approval application, and including
same in the Official Map files of the Borough, and for payment to
consultants hired by the Borough of New Stanton to conduct reviews
of said applications.
[Ord. No. 2002-196, 9/30/2002]
1.
All final plats submitted shall show the following information:
A.
Primary control points, or permanent monuments or description and
ties to such control points or monuments, to which all dimensions,
angles, bearings, and similar data shall be referred.
B.
Accurate description shown by bearings and dimension in feet and
hundredths of a foot shall be shown on all tract boundary lines, property
lines of lots, radii, arcs, chord bearings and distances. The error
of closure for all descriptions subject to approval shall not exceed
one foot in 10,000 feet.
C.
Profile sheets of all proposed streets and improvements with the
following information:
(1)
Existing and finished profile along center line of proposed
street.
(2)
Finished grade at fifty-foot stations located along the center
line of the proposed street, all vertical curve elevation information,
length, including beginning-ending elevations, and the high and low
points located along said vertical curve.
(3)
Finished profile for all sanitary sewers, stormwater sewers,
and waterlines with stations, identification numbers, invert and top
elevations, size and type of materials, and percent of slope of each
utility proposed.
(4)
The sight distance for all vertical curves shall be identified
on the street profiles.
D.
Name and right-of-way width of each street or right-of-way.
E.
Location, dimensions and purpose of all easements in or across the
subdivision plat.
F.
Number or key to identify each lot, site or parcel of land.
G.
Purpose for which areas other than residential lots are to be used.
H.
Building setback line on all lots and sites.
I.
Location and description of survey monuments.
J.
Names of recorded owner of adjoining plotted or unplotted land.
K.
Certification of professional land surveyor who prepared the plat
certifying to the accuracy of the survey and plat.
L.
Attestation by the applicant stating that the applicant is owner
of the tract or land proposed to be subdivided.
M.
Statement by the owner dedicating the streets, the right-of-way,
easements and any land proposed for public use or open space.
N.
A plan for the control of erosion and sedimentation for review by
the Westmoreland County Conservation District office, as required
by the Pennsylvania Clean Streams Act[1] or Chapter 102, Erosion Control, of the rules and regulations
of the Pennsylvania Department of Environmental Protection.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
O.
All plats which will require access to a highway under jurisdiction
of the Pennsylvania Department of Transportation shall contain a notice
that a highway occupancy permit is required pursuant to Section 420
of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State
Highway Law"[2] before driveway access to a state-owned right-of-way is
permitted.
[2]
Editor's Note: See 36 P.S. § 670-101 et seq.
P.
Such other certificates, bonds, affidavits, endorsements or dedications
as may be required in the enforcement of this chapter.
Q.
North point, graphic scale and date.
R.
Approvals required by county, state or federal agencies with jurisdiction.
S.
Whenever a developer proposes to establish a street (or streets)
which is not offered for dedication to public use, the Council shall
require the developer to submit, and also to record with the plan
at the developer's or developer's own expense, a statement
to the effect that the said street (or streets) is not accepted and,
further, that as a condition of acceptance, such standards, construction
specifications and other conditions existing at such time as the street
is to be accepted will be complied with prior to the acceptance by
the Borough.
T.
An agreement that the applicant will install all underground utilities
before paving streets or constructing sidewalks.
U.
Where the final plan covers only one phase of the entire development,
but additional phases are intended, a sketch of the future street
system of the unsubmitted part shall be furnished. The street system
of the submitted part will be considered in light of adjustments and
connections with future streets in the part not submitted. Where only
a minor subdivision is planned or where additional phases are unlikely,
the Planning Commission can waive this requirement.
V.
A storm drainage plan and storm drainage calculations as required
by the Storm Water Management Act, 32 P.S. § 680.1.
W.
A map showing the location of the proposed development with respect
to flood-prone areas, including information on the regulatory flood
elevation, the boundaries of the flood-prone areas, proposed lots
and sites, fills, flood or erosion protection facilities, and areas
subject to special restrictions. In addition, where the proposed development
lies partially or completely in any flood-prone area, or borders on
any flood-prone area, such map shall also show the location and elevation
of proposed roads, public utilities and building sites.
X.
Such private deed restrictions, including building setback lines,
as may be imposed upon the property as a condition to sale, together
with a statement of any restrictions previously imposed which may
affect the title of the land being subdivided.
Y.
When a proposed plan has been submitted to the County Conservation
District Office for review and recommendations, a plan and/or other
documentation to show what has been, or will be done, in response
to their recommendations.
Z.
Proof acceptable to the applicable State and/or Federal authorities
that there are no environmental sensitive features including, but
not limited to, floodplains, wetlands, hazardous or toxic waste sites,
structures or sites of historical or archeological significance and
habitats supporting rare, threatened and/or endangered species, regulated
by any State and/or Federal authorities, on the site or impacted by
the development; or, in the alternative, a certification executed
by the record owner and the developer of such site that all applicable
State and/or Federal laws, rules and regulations concerning such environmental
sensitive features shall be complied with and proof thereof submitted
to the Borough prior to final plan approval.
[Ord. No. 2002-196, 9/30/2002]
1.
The Planning Commission shall review the final plats and prepare
a written report for the Borough Council. The report shall contain
recommendations for approval, conditional approval or disapproval
with specific reasons for the recommended action.
2.
Prior to finalization of the written report, the Planning Commission
may schedule a public meeting, advertised in accordance with the provisions
of the Sunshine Act,[1] which is mutually convenient to the developer and the
Planning Commission for consideration of the final plat. If within
30 days of receipt of the final plat, a mutually convenient date for
such meeting cannot be established with the developer, consideration
of the final plat shall be conducted at the next regularly scheduled
meeting of the Planning Commission.
[1]
Editor's Note: See 65 Pa.C.S.A. § 701 et seq.
4.
At the Planning Commission meeting when considering the finals plats,
the developer shall be given an opportunity to discuss any matter
in the final plat which might assist the Planning Commission in making
it's recommendation to the Borough Council.
[Ord. No. 2002-196, 9/30/2002]
1.
The Borough Council shall render its decision on the final plat and
communicate its decision to the developer/applicant not later than
90 days following the date of the regular Planning Commission meeting
next following the date the application is filed, provided that should
the next regular meeting occur more than 30 days following the date
of filing, the ninety-day period shall be measured from the thirtieth
day following the day the application was originally filed.
A.
The decision of the Borough Council shall be in writing and shall
be communicated to the developer personally or mailed to him/her at
his last known address not later than 15 days following the decision
within the ninety-day review period.
B.
When the application is not approved as filed, the decision shall
specify the defect found in the application and describe the requirements
which have not been met and shall, in each case, cite to the provisions
of the statue or ordinance relied upon.
C.
Failure of the Borough Council to render a decision and communicate
it to the developer 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 communication
shall have like effect.
D.
From the time an application for approval of a final plat is duly
filed as provided in this Part, and while such application is pending
approval or disapproval, no change or amendment of the zoning, subdivision
or other governing ordinance or plan shall affect the decision on
such application adversely to the developer and the developer shall
be entitled to a decision in accordance with the provisions of the
governing ordinances or plans as they stood at the time the application
was duly filed. However, if an application is properly and finally
denied, any subsequent application shall be subject to the intervening
change in governing regulations. When an application for approval
of a final plat has been approved or approved subject to conditions
acceptable to the developer, no subsequent change or amendment in
the zoning, subdivision or other governing ordinance or plan shall
be applied to affect adversely the right of the developer to commence
and to complete any aspect of the approved development in accordance
with the terms of such approval within five years from such approval.
Where final approval is preceded by preliminary approval, the five-year
period shall be counted from the date of the preliminary approval.
In the case of any doubt as to the terms of a preliminary approval,
the terms shall be construed in the light of the provisions of the
governing ordinances or plans as they stood at the time when the application
for such approval was duly filed.
E.
Before acting on any subdivision plat, the governing body or the
planning agency, as the case may be, may hold a public hearing thereon
following required public notice.
[Ord. No. 2002-196, 9/30/2002]
1.
Plans and data involving subdivisions of three residentially zoned
lots or less shall include but not be limited to the following:
A.
The provisions of § 22-306 may be waived for subdivisions of three single family residentially zoned lots or less if no new street construction or openings are required, no wetlands are disturbed, and no unusual physiographic or topographic conditions exist. The requirements of § 22-303 for preliminary plats shall be applicable.
B.
The Planning Commission shall have a period of 45 days within which to determine if a duly filed application for plat approval may be considered for final approval under this section and make recommendations to the Borough Council. Action by the Borough Council shall be in accordance with § 22-305, Subsection 4.
[Ord. No. 2002-196, 9/30/2002]
The amendment, alteration or revision of a previously approved
plat, or the combination or recombination of lots or portions of previously
plotted lots, where the resultant lots are increased in street frontage
and total area size, which meets or exceeds the standards of this
chapter and the previously approved final plats, shall subject the
replatted subdivision to the procedures and regulations heretofore
described, except as they may be modified on application at the sole
discretion of the Borough of New Stanton Planning Commission and approved
by the Borough Council.
[Ord. No. 2002-196, 9/30/2002]
1.
Land Development Plan Review Criteria. Any developer or owner of
property in New Stanton Borough who proposes to construct a new nonresidential
building, to enlarge an existing nonresidential building, change an
existing use, or to develop a parcel except for the construction of
a single-family dwelling, where permitted, shall provide the Planning
Commission with six copies of plans as described in this section.
Where an owner or developer proposes to enlarge or relocate parking
areas, access drives, or to expand an existing nonresidential structure
which requires site improvements, other permanent features or physical
improvements, on a lot or tract of land, he/she shall provide the
Planning Commission with six copies of land development plans with
supporting drawings to sufficiently illustrate his proposal.
2.
Conditional Use. If a developer or owner proposes a use listed as a conditional use in the New Stanton Borough Zoning Ordinance (Chapter 27), which requires that a public hearing be held by the Borough Council, he/she shall first or simultaneously receive approval of his proposal as required by the New Stanton Borough Zoning Ordinance (Chapter 27) before proceeding to satisfy the requirements of this Part.
[Ord. No. 2002-196, 9/30/2002]
1.
The developer or owner shall submit the required plans to the Borough
Planning Commission and Borough Council for action within the prescribed
time requirements, and to the Westmoreland County Planning Commission
30 days prior to the next regularly scheduled Borough Planning Commission
meeting.
2.
At its next regularly scheduled meeting following the submission
of plans, the Planning Commission shall begin a review of said plans
for conformity with this chapter; the physical appearance and arrangement
of the structures on the property; vehicular access and circulation
into and within the property; parking layout; pedestrian walks; likely
points of congestion or other dangerous conditions that may be created
by the proposed development on adjacent roads; stormwater drainage
systems, signs, outdoor lighting, landscaping and other features of
the proposal that may be pertinent to the public health and safety.
Said ninety-day review period shall commence on the date of the Planning
Commission meeting after which a complete application was received,
so long as the date of the Planning Commission meeting is within 30
days after receipt of the plan. Should the next regular meeting occur
more than 30 days following the filing of a complete application,
said ninety-day period shall be measured from the thirtieth day following
the day the application was filed. The developer or owner is urged
to attend this meeting.
3.
The Planning Commission may recommend approval, approval with conditions,
or rejection of the proposal as presented. The developer or owner
may make revisions as suggested by the Planning Commission and resubmit
plans to the Borough for reconsideration. Where the reconsideration
and review will extend beyond the ninety-day period authorized, the
Planning Commission or Borough Council may request an extension of
time from the applicant. Where no extension is granted, action shall
be taken as prescribed.
4.
Immediately after the Planning Commission has made its recommendation
or after the developer or owner proposes no further revisions, the
plans shall be submitted to the Borough Council which shall review
them at its next regular meeting along with the Planning Commission's
recommendations. The Borough Council shall approve or reject the plan
or may approve it with conditions, which shall be attached to any
permit issued for any construction on the property, within the ninety-day
review period authorized. The decision shall be in writing and shall
be communicated to the applicant personally or mailed no later than
15 days following the decision.
5.
After final approval by the Borough Council, no changes shall be
made in a plan unless changes are first reviewed and approved by the
Planning Commission, and resubmitted for approval by Borough Council.
A change in scheduling or sequence in the development of a plan to
be carried out over a time period and approved on this basis shall
require review and approval as for any other change or phase of development.
6.
Separate building permits shall be required for each building to be erected as part of an approved group of buildings on a site in the V Village, B-1 General Business, B-2 Neighborhood Business, LI Light Industrial or T-1 Transportation District regardless of the proposed timing of the construction of each. Site development work, including but not limited to paving, stormwater management facilities and landscaping shall be included as part of the work covered under the building permit and subject to the same completion requirements as for the building. (Earth disturbance activities, stormwater management facilities, and design standards for improvements shall be in compliance with Part 6.
7.
At least 10% of the gross area of any nonresidential property proposed
for development shall be landscaped as per the recommendation of the
Planning Commission and approval of Borough Council. Not less than
5% of the total property area shall be landscaped in that portion
lying between the principal structure on the property and the abutting
street right-of-way. Landscaping shall include all of the following
elements: grassed areas, shrubbery, low trees (evergreen and deciduous),
ground cover, mulching materials, or other features, and shall be
maintained. Submitted drawings shall clearly show all landscaping
elements by type and location.
8.
To the extent possible, parking and truck loading areas shall be
arranged to be hidden from view from adjacent residential areas, or
screened from view by use of appropriate landscaping materials, fencing
or earth mounding, or any combination of these.
[Ord. No. 2002-196, 9/30/2002]
1.
The land development plan shall be presented in six prints at a scale
not smaller than one inch equals 50 feet. A location map at a scale
of not less than one inch equals 2,000 feet shall also be provided,
on the same sheet if desired, indicating the site in relation to major
roads and major landmarks in the vicinity.
2.
The land development plan shall contain at least the following information
as prepared by a registered professional engineer, surveyor or architect,
unless otherwise specified. Additional information may be required
by the Planning Commission at its discretion. For existing structures
where only the use is changing, site design and construction requirements
may be waived or reduced by the Borough Council upon the recommendation
of the Planning Commission.
A.
Bearings and distances of all property lines and area of property
in square feet as prepared by a registered land surveyor;
B.
Location of adjacent road curbs or edge of paving and existing and
proposed curb cuts;
C.
Public sanitary sewer, water supply, stormwater management, gas,
electric, telephone, and other utility lines overhead or underground,
existing and proposed, in street rights-of-way or in easements, inside
the property or within 50 feet of a property boundary line;
D.
Existing contours, slopes in excess of 25% and proposed regrading
at two foot intervals or spot elevations 50 feet apart in two directions
over the property where there are less than 4% slopes;
E.
Location, height and use of all existing structures to remain and
new structures, with structures to be removed shown by a dotted outline;
F.
Distances between all proposed structures or additions to structures
and property boundary lines;
G.
Existing and proposed pavement including access drives from adjacent
streets and parking and loading areas on the property, showing treatment
of edges, parking layout with dimensions of aisles and spaces, number
of spaces, pedestrian walkways, proposed sloping of surfaces to storm
drainage system, and devices to retard stormwater drainage;
H.
Areas with mature trees or forests as defined herein;
I.
Proposed and existing landscaping by type of feature (tree, shrub,
ground cover, etc.), as well as walls, fences, outdoor lighting, etc.;
J.
Proposed and existing signs showing elevation view and noting height
of the top of the sign above the ground below, and dimensions of sign
faces and distances from property lines;
K.
Areas subject to soil erosion, landslide prone soils, natural watercourses
or drainageways, and wetlands;
L.
Elevation of each wall of each proposed structure showing architectural
treatment, or, optionally, a rendered perspective drawing of a structure
showing two walls at least one facing the access street;
M.
The name and address of the owner, developer, engineer and architect
(if involved) with the Pennsylvania seals of the professionals preparing
the application, surveys and drawings, together with verification
from the owner, that he/she supports with the plan;
N.
North arrow, graphic scale, title and date of submission;
O.
A narrative describing the present and proposed use of the property;
P.
A traffic impact study as per Article V of the New Stanton Zoning Ordinance (Chapter 27), shall be required if the proposed use or uses generates 50 a.m. or p.m. peak hour trips or more as determined by the most current edition of the ITE Trip Generation Manual; and
R.
Certification by the owner of the tract of land proposed to be subdivided
that there are no restrictions or covenants in place which would affect
any future development or which limits any existing development.
S.
Whenever a developer proposes to establish a street (or streets)
which is not offered for dedication to public use, the Council shall
require the developer to submit, and also to record with the plan
at the subdivider's or developer's own expense, a statement
to the effect that the said street (or streets) is not accepted, and
further, that as a condition of acceptance, such standards, construction
specifications and other conditions existing at such time as the street
is to be accepted will be complied with prior to the acceptance by
the Borough.
T.
An agreement that the applicant will install all underground utilities
before paving streets or constructing sidewalks.
U.
Water and sewer feasibility reports as may be required including
any updated information which may have become available since the
submission of the preliminary plan.
V.
A map showing the location of the proposed development with respect
to flood-prone areas, including information on the regulatory flood
elevation, the boundaries of the flood-prone areas, proposed lots
and sites, fills, flood- or erosion-protection facilities, and areas
subject to special restrictions. In addition, where the proposed development
lies partially or completely in any flood-prone area, or borders on
any flood-prone area, such map shall also show the location and elevation
of proposed roads, public utilities and building sites.
W.
Such private deed restrictions, including building setback fines,
as may be imposed upon the property as a condition to sale, together
with a statement of any restrictions previously imposed which may
affect the title of the land being subdivided.
X.
Any other certificates, affidavits, endorsements or dedications that
may be required by the Planning Commission or the Council.
Y.
When a proposed plan has been submitted to the County Conservation
district office for review and recommendations, a plan and/or other
documentation to show what has been, or will be done, in response
to its recommendations.
Z.
Proof acceptable to the applicable state and/or federal authorities
that there are no environmental sensitive features, including, but
not limited to, floodplains, wetlands, hazardous or toxic waste sites,
structures or sites of historical or archeological significance and
habitats supporting rare, threatened and/or endangered species, regulated
by any state and/or federal authorities, on the site or impacted by
the development; or, in the alternative, a written certification executed
by the record owner and the developer of such site that all applicable
state and/or federal laws, rules and regulations concerning such environmental
sensitive features shall be complied with and proof thereof submitted
to the Borough prior to final plan approval.
[Ord. No. 2002-196, 9/30/2002]
1.
For the purpose of expediting applications and reducing site development
design and development costs, an informal preapplication conference,
where the owner/developer submits a concept plan in accordance with
the following requirements, shall take place during a regularly scheduled
Planning Commission meeting.
A.
Advisory Meetings. An owner/developer shall appear before the Borough
to discuss his proposal. The purpose of this step is to afford the
owner/developer advice and assistance in order to save time and money,
suggest professional assistance if needed, and to answer any questions
the developer may have in regard to filing an application or other
items required.
B.
General Information. The owner/developer shall be prepared to discuss
the details of the proposed site, including a description of existing
covenants, land characteristics, community facilities and utilities,
commercially developed areas, residential areas, industrial areas,
playgrounds and proposed protective covenants, utilities and street
improvements.
C.
Location Map. This map shall show the relationship of the proposed
development to existing community facilities which serve or influence
it and shall include development name, location, existing facilities,
title, scale, North arrow and date.
D.
Topographic Map. The location of the proposed development shall be
shown on the United States Geological Survey Map or a comparable substitute
for purposes of relating the development to the existing topography,
slopes, gradient and other physical features.
E.
Hazards. Land subject to hazards of life, health and safety shall
not be developed until such hazards have been removed. These hazards
shall be interpreted to mean land subject to flooding, slides due
to excessive slope or excavation, land of excessive or improper fill
material, or land improperly drained.
F.
After review and discussion with the owner/developer, the Borough
shall indicate the suitability of the plan for further consideration
and submission of preliminary.
G.
If the owner/developer's concept plan shows that he/she intends
to subdivide in several phases, a master concept plan showing the
master site plan of the entire proposed development, including all
proposed phases, shall be submitted with the final plan.
2.
On recorded parcels of less than 1 1/2 acres or 65,340 square
feet where the proposed development involves less than 2,000 square
feet of new construction and no new public utilities or extension
of public roadways or streets are proposed, the Planning Commission
may waive certain land development submission requirements, including
the submission of a stormwater management plan, as per the provisions
of Part 6.
3.
Where the proposed land development application also involves action
on a subdivision, the Planning Commission shall make recommendations
to Borough Council in compliance with the appropriate section of this
chapter prior to recommendation of the land development application.
[Ord. No. 2002-196, 9/30/2002]
1.
Environmental Impact Statement Requirements. Where a combination
of two or more of the following site characteristics are present,
the Planning Commission may recommend to the Borough Council that
an environmental impact statement be submitted as part of the application.
Where indicated, all information submitted shall comply with standards
established by the Pennsylvania Department of Environmental Protection,
and shall be received by the Borough Council at least 10 days prior
to a scheduled review.
A.
Construction activity in undermined areas with less than 100 feet
of overburden, as designated by the Bureau of Mining and Reclamation.
B.
Construction activity or encroachment involving a natural stream,
watercourse or wetland.
C.
Construction activity within a landslide-prone area as delineated
on landslide susceptibility maps as maintained by the Pennsylvania
Geological Survey or as prepared by recognized experts acceptable
to the Borough Engineer.
D.
Construction activity involving the removal of 10,000 square feet
or more of forest or construction activity involving the removal of
natural vegetation of three acres or more in area.
E.
Construction activity within 100 feet of any wetland.
2.
Environmental Impact Statement Content:
A.
A description of the project. A map indicating:
B.
An assessment of the environmental impact of the proposed development
with particular attention paid to those items as outlined in this
section.
C.
A list of all licenses, permits and other approvals required by Borough,
county, state and federal law and the status of each shall be required
before final consideration of the land development plan. Where applicable,
the applicant shall submit at the time of consideration of final approval
stream, encroachment or relocation, wetlands mitigation, dams or any
other permit or permit waiver necessary for construction of the development.
D.
A list of steps proposed to minimize environmental damage to the
site and region during construction and operation. The consideration
of soil erosion, preservation of trees, protection of watercourses,
protection of air resources, and noise control are some factors to
be considered.
E.
Evidence that the environmental impact statement was prepared by
a professional competent in the field of concern, i.e., a soils engineer
for excavation or soils problems, a geologist or geotechnical consultant
for undermining and landsliding problems.
3.
Waiver of Environmental Report Requirement. The Planning Commission may waive the requirement for an environmental impact statement if an applicant requests said waiver in writing and, further, provided said development meets all the standards of Chapter 27, Zoning, does not involve the relocation, improvement or alteration of any streamway, and no portion of the site is located within a flood hazard or flood-prone area as delineated on the FEMA map for New Stanton Borough.
4.
Waiver of Requirements. Provided that land development plan application
is in conformance with all applicable provisions of this Part; that
the applicant has requested relief in writing; and that the Planning
Commission has made a recommendation in favor of such relief, the
Borough Council may waive, alter, or reduce any requirement or standards
of this Part as it relates to a land development plan application,
under the following circumstances:
A.
Suitable alternative: whenever a proposal is offered which presents
an alternative which conforms to the spirit and intention of this
Part.
B.
Unusual site characteristics: whenever a physical feature exists
on or adjacent to the site which prevents a literal conformance to
requirements or standards.
5.
Request for Additional Information. Whenever it is determined by
the Planning Commission at the outset of the review that additional
information is needed in order to make an informed recommendation
related to the land development plan application, the Planning Commission
will notify the applicant of such, and said information shall be provided
at the applicant's expense before the application will be considered
complete.
[Ord. No. 2002-196, 9/30/2002]
1.
In addition to other remedies, the Borough may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building, structure or premises.
The description by metes and bounds in the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
2.
The Borough may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property which has
been developed or which has resulted from a subdivision of real property
in violation of any ordinance adopted pursuant to this Part. This
authority to deny such a permit or approval shall apply to any of
the following applicants:
A.
The owner of record at the time of such violation.
B.
The vendee or lessee of the owner of record at the time of such violation
without regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
C.
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
D.
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
3.
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the Borough may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.
