Town of McCandless, PA
Allegheny County
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Table of Contents
Table of Contents
[Ord. 1127, passed 8-22-1994]
Hereafter, except as provided in these Land Development and Subdivision Regulations, no plan of any land development shall be approved by Council except in accordance with the procedures outlined in these Land Development and Subdivision Regulations. The layout or arrangement of the land development shall conform to the Comprehensive Plan and to any regulations or maps adopted in furtherance thereof.
[1]
Editor's Note: Former § 1365.02, Responsibilities of developer and Planning Commission, was repealed 4-22-1991 by Ord. No. 1052.
[Ord. 668, passed 1-27-1975]
(a) 
Prior to the filing of an application for conditional approval of the preliminary plat, the developer may meet with the Planning Commission to discuss his plans. He shall submit to the Planning Commission four sketch plans and data as specified in Section 1367.01, in order to provide a general understanding of his proposal. This step does not require formal application, fee or filing of plat.
(b) 
Within 30 days after the meeting at which the sketch plans and data are reviewed, the Planning Commission may inform the developer that the plans or data as submitted or modified do or do not meet the objectives of these regulations.
(c) 
(Reserved)[1]
[1]
Editor's Note: This subsection was repealed by implication 8-24-1981 by Ord. No. 823. See Article 1342.
[Ord. 668, passed 1-27-1975; Ord. 1127, passed 8-22-1994]
(a) 
No developer may proceed with any grading or improvement of streets or installation of public utilities until a preliminary application (preliminary plat) has been approved by Council.
(b) 
No applicant shall sell, transfer, lease or otherwise convey any lot, parcel or tract in a land development or subdivision, or construct or commence the construction of a structure in a land development or subdivision until the final plat has been approved by Council and recorded as required herein.
(c) 
If a proposed plat requires the granting of a variance as well as plat approval, the review by the Planning Commission shall precede the hearing on the variance since changes made as the result of the Planning Commission review may affect the need for a variance. Action on the variance by the Zoning Hearing Board shall precede action by Council on the plat.
(d) 
If a proposed plat requires the approval of a special exception as well as plat approval, the hearing on the special exception by the Zoning Hearing Board shall precede review of the plat by the Planning Commission.
(e) 
Any approved plat that has been substantially altered or revised shall be resubmitted for approval. If a previously approved plat is revised and the revisions are minor, the Zoning Officer may approve the revised plat.
(f) 
If a plan or plat is for a minor revision to an existing structure or lot, the Zoning Officer may approve the plan. The information requested in Article 1367 may be reduced to the information considered necessary by the Town. However, the plat and supplementary materials shall be forwarded to the Allegheny Planning Commission in accordance with Section 1365.05(c) or 1365.06(c).
(g) 
Once all required information has been submitted with an application for preliminary or final approval, the Planning Commission shall accept the application at its next regularly scheduled meeting, at which meeting the application shall be considered duly filed.
[Ord. 668, passed 1-27-1975, Ord. 1052, passed 4-22-1991, Ord. 1127, passed 8-22-1994, Ord. 1144, passed 5-22-1995]
(a) 
Whether the developer goes through procedures as described in Section 1365.03 or not, regarding his general program and objectives, the developer shall prepare a preliminary plat, together with improvement plans and other supplementary materials as specified in Section 1367.02.
(b) 
Seventeen copies of the preliminary plat, improvement plans and supplementary materials specified shall be submitted to the Town Manager with written application for preliminary approval 30 days prior to the next regularly scheduled business meeting of the Planning Commission. The Town Manager shall not forward the application to the Planning Commission unless all material required for preliminary approval has been submitted. The Planning Commission's acceptance of the application shall commence their period of review.
(c) 
Applications for all land development, including required drawings, studies, reports and supplementary materials shall be forwarded, upon receipt by the Town, to the Allegheny Planning Commission for review and report, all in accordance with the Municipalities Planning Code, which allows 30 days from the date of forwarding for the County to complete its review.
(1) 
Where applications, as determined by the Town Manager or designee, requite further review for air and water quality control, documents may be sent to the Allegheny County Health Department for review and comments.
(d) 
The Planning Commission shall forward two copies of the preliminary application to Council.
(e) 
(Reserved)[1]
[1]
Editor's Note: Former subsection (e) was deleted 7-7-2008 by Ord. No. 1355.
(f) 
Council shall not approve the preliminary application until a report from the Planning Commission has been received and until reports from the Health Department have been received, or until the expiration of 30 days from the date the copies of the application were filed with such agencies.
(g) 
Council shall render its decision and communicate it to the applicant not later than 90 days after such application is duly filed with the Planning Commission, but in no event later than 120 days from the original filing date of the application.
(h) 
Council may attach such conditions as they deem appropriate to their approval of a plat. When a plat has been approved with conditions, the applicant shall, within 15 days, accept or reject the conditions in writing. Failure of the applicant to accept the conditions as provided herein shall automatically rescind the approval.
(i) 
The decision of Council shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision.
(j) 
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.
(k) 
Failure of Council to render a decision and communicate it to the applicant within the time and the manner required 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.
(l) 
The approval of a preliminary plat shall be deemed to have lapsed unless an application for final approval of at least part of the preliminary plat is made within one year of the date of preliminary approval.
(m) 
For a land development involving a single site, the zoning officer may accept a site plan submitted for both preliminary and final approval. The submission shall meet the requirements for both preliminary and final procedure, as may be applicable. Upon final approval, the applicant may commence and complete the approval development in accordance with the terms of such approval within five years from such approval.
[Ord. 668, passed 1-27-1975; Ord. 823, passed 8-24-1981; Ord. 1052, passed 4-22-1991; Ord. 1127, passed 8-22-1994]
(a) 
The developer shall prepare a final plat which shall conform to the preliminary plat as approved, together with improvements, plans and other materials as specified in Section 1367.03.
The final plat may comprise only that portion of the preliminary plat which he proposes to record and develop or subdivide at that time. However, such portion shall conform to all requirements of these Land Development and Subdivision Regulations.
(b) 
Sixteen copies of the final plat, improvement plans and supplementary materials specified shall be submitted to the Zoning Officer with written application for final approval 30 days prior to the next regularly scheduled business meeting of the Planning Commission. Once all required information has been submitted, the Zoning Officer shall forward same to the Planning Commission who shall accept the application at its next regularly scheduled meeting. The Planning Commission's acceptance of the application shall commence its period of review.
(c) 
Applications for all land development, including required drawings, studies, reports and supplementary materials shall be forwarded, upon receipt by the Town, to the Allegheny Planning Commission for review and report, all in accordance with the Municipalities Planning Code, which allows 30 days from the date of forwarding for the County to complete its review.
(d) 
The Planning Commission shall forward two copies of the final application to Council.
(e) 
The Planning Commission shall submit a written report to the Council within 45 days of receipt of the application stating its recommendations for approval or disapproval referring to reasons and appropriate sections of ordinances for the recommendations.
(f) 
Council shall not approve the final application until a report from the Planning Commission has been received and until reports from the Health Department have been received or until the expiration of 30 days from the date the copies of the application were forwarded to such agencies.
(g) 
Council shall not approve the final application until the developer files a completion guarantee.
(h) 
Council shall render its decision and communicate it to the applicant, as required by law, no later than 90 days after the application is filed.
(i) 
When a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application.
(j) 
When an application for approval, whether preliminary or final, has been approved, no subsequent change or amendment in the zoning, subdivision or other governing ordinance shall be applied to affect adversely the right of the applicant 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. Where an applicant has not completed the approved development within the aforesaid five-year period, the applicant may request in writing an extension of time for completion of the development. Council may approve the extension with or without changes or conditions, which are consistent with the current ordinance.
(k) 
Within 90 days following approval of the final plat, the developer shall file the final plat and related information with the Recorder of Deeds of Allegheny County. Approval of the plan shall be null and void if the final plat is not recorded within such period.
[Ord. 1127, passed 8-22-1994]
To cover the costs of receiving and reviewing plans, processing the application and other expenses, the applicant shall pay a plat submission fee at the time of application based on the current Town resolution establishing such fees.
Upon submission of the plat, the applicant shall also be required to make a cash escrow deposit according to the current Town resolution establishing such escrow to cover costs incidental to the approval of plat review entailing a review of detailed construction drawings and inspection of final construction by Town officials and such qualified consultants they may employ. A minimum of $1,500 shall be maintained in the escrow account until final acceptance by the Town of the "as-built" drawings.
All work done by the Town's agents or consultants in connection with the plat either in the field or office shall be charged to the escrow deposit. If during the progress of work it appears the costs will reduce the escrow amount below the minimum required, the Town shall notify the applicant who shall do no further work in connection with the plat until there shall be deposited an additional cash escrow amount as may be necessary to cover the cost of such work and to increase the escrow account to the minimum required.
Upon completion of the plat, the applicant shall furnish the Town with four sets of "as-built" drawings indicating all items as constructed. Such as-built drawings shall include the items as identified in Section 1369.07.