Borough of Canonsburg, PA Administration

If any mandatory provisions of this chapter are shown by the applicant, to the satisfaction of the Council, to be unreasonable, to cause undue hardship, or that an alternate standard can provide equal or better results, the Council may grant a modification to that provision. A modification may be granted provided it will not be contrary to public interest and provided the purpose and intent of this chapter is maintained.

All requests for modification shall be in writing and signed by the applicant. The request shall fully state the reasons and grounds for why the provision is unreasonable or the hardship imposed, and shall discuss the minimum modification necessary.

It is not sufficient proof of hardship to show that greater profit would result if the modification were granted. Furthermore, a hardship cannot be one personal to the applicant; it must be from the application of this chapter; it must be suffered directly by the property in question; and evidence of a modification granted under similar circumstances shall not be considered.

The Council shall consider modification requests that are necessary to meet objectives of this chapter and the Comprehensive Plan, that encourage flexibility and creativity in design of plans to protect environmentally sensitive areas, and otherwise are consistent with the objectives of this chapter and the Comprehensive Plan.

The Council shall request an advisory opinion from the Borough Manager and the Borough Engineer on the modification request.

(6)

In granting modifications, the Council may impose such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so modified.

(7)

The Borough shall keep a written record of all requests for modifications.

(8)

If a modification is granted it shall be referenced in the conditions of approval of the plan, and shall apply only to that plan.

(9)

The written request for a modification shall be included in the application for development. Such request shall cite the section(s) of this chapter to be modified, the extent of modification and the reasons for the modification.

(10)

Any modification thus granted shall be entered in the minutes of the Council, setting forth the reasons which, in the opinion of the Council, justified the modification.

(11)

Applicant for modifications shall be required to pay a fee as specified in the fee resolution of the Borough.

Digital submittals.

All subdivision and land development applicants shall be required to submit a digital drawing in addition to the drawings required in other sections of this chapter. All drawings must be provided electronically in accordance with the digital submittal requirements outlined below.

All drawings must be in PA state plan projection, PA South Zone, NAD 83 datum. Units shall be in U.S. feet.

All digital files submitted shall be based on accurate geometric calculations as determined by the registered land surveyor, professional engineer, architect, or landscape architect responsible for the plans.

All coincident points on external boundaries and lot lines will have the same coordinate values, i.e., boundary lines will be conterminous. Boundaries and lot lines will be transmitted as a closed figure. For example, in .dxf or .dwg, a boundary would be represented as one polyline rather than a series of lines, arcs and curves.

(d)

Digital submission shall have all layers clearly and separately represented. A document shall be included with all digital submittals outline the following:

A list of all layers used with a description of what those layers represent.

[2]

A list of all point files and break lines with a description of any abbreviations.

(e)

All drawings must be submitted in AutoCAD^® drawing (.dwg), AutoCAD^® interchange (.dxf) format, or GIS data sources (geodatabase feature class, coverage, or shapefile) on a storage medium designated by the Borough.

Editor's Note: See 53 P.S. § 10501 et seq.

§ 151-202 Classification of applicants.

Applications for subdivision or land development shall be classified based upon the following criteria and definitions and shall be processed according to the provisions contained within this section.

Major subdivisions. A subdivision that includes one or more of the following characteristics:

Multiple phasing of the plan.

Containing public improvements, including one or more of the following: streets, stormwater detention and stormwater retention facilities and public utilities.

Containing more than three lots.

Minor subdivisions. A subdivision not including any of the characteristics included in the major subdivision category. In general, a minor subdivision involves the adjustment of lot lines for existing lots and/or the creation of new lots that are already serviced by a public street and public utilities,

Land developments.

Any of the following activities:

The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

[a]

A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

[b]

The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

[2]

A subdivision of land.

[3]

An increase in impervious area and/or buildings of 2,500 square feet or greater.

The following shall not be considered a "land development":

The conversion of an existing single-family detached dwelling into not more than three residential units, unless such units are intended to be a condominium;

[2]

The addition of an accessory building to a residential or farm use, on a lot or lots subordinate to an existing principal building; or

[3]

The addition or conversion of buildings or rides within the confines or an enterprise which would be considered an amusement park. The exclusion shall not apply to a newly acquired parcel to be used for operating an amusement park until the initial plans for the expanded are have been approved by the Borough.

Preliminary and final approval. All applicants shall be required to submit a preliminary plan application and final plan application for all projects categorized as a major subdivision or a land developments except as provided for in Subsection C, Fast-track approval process.

Fast-track approval process. Certain subdivision and land development applications are eligible for a fast-track approval process. Said applications shall bypass the Planning Commission and go directly to the Council for approval.

The following subdivisions are eligible for fast-track approval:

A lot (lots) consolidation (reverse subdivision).

A subdivision involving a lot line change between two existing lots that will result in only two lots, where all lots lie within the same zoning district, where the resulting lots conform to Chapter 170, Zoning, requirements in terms of minimum lot size and setbacks, and where the size of no lot increases or decreases by more than the minimum lot size of the respective zoning district in which it is situated.

The final subdivision of dwelling unit lots, whether condominium or townhouse construction, the finalization of which relies on as-built surveys and results in no material change. Each newly formed lot must conform to the bulk and area requirements of the zoning district in which it is situated.

The following land developments are eligible for fast-track approval:

An addition that is 1,000 square feet or less than or equal to 10% of the principal structure shown on the most recent site plan approved by the Council, whichever is less.

Expansion of a parking lot that is 10% or less than the parking approved through the last land development approved by the Council, where no change is proposed in terms of site access and circulation.

Revisions to the landscaping or site plan approved by the Council.

No application is eligible for fast-track approval if it is involved in a conditional use, does not meet the requirements of Chapter 170, Zoning, or requires a variance from the Zoning Hearing Board.

When filing the application, the applicant must specify that the applicant is filing for a fast-track approval.

The Zoning Officer shall make the ultimate determination regarding whether an application is eligible for fast-track approval. If it is determined that an application is not eligible for fast-track approval, it will be forwarded to the Planning Commission for consideration in accordance with the otherwise applicable requirements of this chapter.

(6)

Application and filing requirements. All applications for fast-track approval must adhere to the application requirements set forth in § 151-302 and the filing requirements in § 151-204.

§ 151-203 Preapplication conference.

The preapplication conference is provided as an informal session to provide information prior to preparation of formal application documentation and shall be optional at the discretion of the applicant.

Prospective applicants may arrange a preapplication conference with the Borough staff to determine the practical and legal feasibility of the proposed project prior to the development of formal preliminary plan preparation. Staff shall include at least the Manager, Engineer and Zoning Officer.

In assessing the suitability of the plan, Borough staff shall consider the Borough's Comprehensive Plan and any other appropriate plans.

Consideration shall also be given to possible hazards to health, safety and welfare. Land subject to flooding, slides due to soil type or slope or excavation, excessive erosion, improper drainage, mine subsidence problems, or land unsuited for on-site sewage disposal shall be deemed hazardous and shall require a specific demonstration of measures to remove the identified hazard producing condition.

The applicant may want to contact the Washington County Conservation District, PA DEP and local water/sewer authorities for input on the proposed plan as well.

In order to facilitate productive discussion on the proposal, it is recommended that the applicant submit proposal drawings on a sheet either 11 inches by 17 inches, or 24 inches by 36 inches, which shall contain the following:

The name and address of the record owner.

The name and address of the developer, if different from the owner.

The name of the individual preparing the proposal.

A location map, taken from the Zoning Map, drawn at a minimum scale of one inch equals 1,200 feet, to include the location of the proposed subdivision in relation to municipal boundaries, public streets, adjacent zoning districts and all properties adjoining the property being developed.

The North arrow, graphic scale (no greater than one inch equals 200 feet) and date of drawing.

(6)

Approximate tract boundaries and a statement of total acreage of the tract.

(7)

Zoning district(s) of property and adjacent properties.

(8)

All contemplated land uses and approximate locations of existing buildings on the property and adjacent properties and proposed locations of all principal structures and parking area on the property.

(9)

Proposed streets, by type, and their relationships to the existing streets outside the site.

(10)

Existing rights-of-way and easements which may affect future development.

(11)

Phased development. In the case of plans which call for development in stages, a map at an appropriate scale, showing the successive phases, shall be submitted.

§ 151-204 Filing requirements.

All applications for subdivisions or land developments shall adhere to the following filing requirements:

All applications shall be submitted to the Borough no later than 28 calendar days prior to the regular monthly meeting of the Planning Commission. Any application submitted after this date shall not be considered at the following monthly meeting.

Upon submission, the application shall be reviewed by the Zoning Officer to determine its completeness. In order for an application to be determined to be complete and considered filed and placed on the Planning Commission agenda, it shall include:

Three full-size twenty-four-inch by thirty-six-inch hard copies, seven half-size eleven-inch by seventeen-inch copies of the preliminary plan.

Meet all requirements for submission based on the classification of the plan. The review of the submission requirements shall not include a review of the correctness of the plan, but rather a review to determine whether the required items have been submitted.

Include the appropriate application fee, in accordance with the Borough's fee schedule.

Include all original signatures of all property owners or agents for property owners involved in the application.

Evidence of filing of all necessary permit applications with any regulatory agency having jurisdiction over the project.

Official filing date. When the Zoning Officer's initial review has determined that the application satisfies the requirements applicable thereto and, with the exception of subdivision and land development approval, is in full compliance with this chapter, the application shall be accepted. In the event the applicant's initial submission is deemed complete, the applicant's official filing date shall relate back to the date of said submission, and will be placed on the Planning Commission agenda.

If the application is determined to be incomplete, the applicant shall be notified, in writing, and all submitted documents shall be returned to the applicant, including the application fee and review deposit, with a letter indicating that the application is being rejected as administratively incomplete and identifying the application deficiency (deficiencies). The application shall not be considered by the Planning Commission until it is filed with all required components.

Applications determined to be complete shall be reviewed for compliance with all applicable Borough ordinance requirements by the Zoning Officer, who shall also forward copies of the application and plans to the Borough Engineer for their review comments.

It shall be the responsibility of the applicant to provide the required full-size plans, application, and fees to the Washington County Planning Commission for review prior to the final review and approval by the Borough. The applicant shall be required to submit a copy of the letter that shows the date of submittal to the Borough for proof of submittal.

§ 151-205 Approval procedures.

The Zoning Officer shall submit a report to the Planning Commission, listing any review comments and questions on the application prior to the regularly scheduled Planning Commission meeting. A copy of this report shall also be sent to the applicant.

In reviewing the application, the Borough may secure the advice or assistance from one or more expert consultants qualified to evaluate all the implications of the proposed development and advise as to any conditions and safeguards that should be prescribed to assure the fullest achievable compatibility between the proposed use, its neighborhood and the community as a whole. Such conditions and safeguards may pertain to off-site improvements when deemed necessary for the public health, safety and welfare.

After presentation of the application at its meeting by the applicant, the Planning Commission shall forward its recommendations, in writing, to the Council and the applicant. Any plan recommended with conditions shall include a listing of those conditions. In cases of a recommendation for denial, the Planning Commission shall cite the section(s) of relevant Borough ordinances and the other applicable governmental ordinances, statues, regulations codes or other authority.

The Council shall have a ninety-day time period to act on the plan unless the applicant has agreed, in writing, to an extension of the time period.

The ninety-day time period shall be measured from the date of the Planning Commission meeting following the date the application was filed and accepted as complete by the Borough, provided that the application was filed at least 28 days prior to said meeting. Should the meeting occur more than 30 days following the date the application was filed and accepted as complete, the said ninety-day period shall be measured from the 30th day following the date the application was filed.

If an extension of the ninety-day time period is applied, it shall be measured from the expiration of the original ninety-day period. A time extension shall postpone the deadline and effects of the ninety-day time period for the additional number of days agreed to, in writing, prior to the last scheduled Borough Council meeting within the ninety-day plan review period.

Before acting on any application, the Council may hold a public hearing after public notice.

The Council shall render its decision to approve, approve with conditions or deny the application, taking into consideration the recommendations of the Planning Commission, Borough Engineer, Washington County Planning Commission and/or other technical advisors as requested.

The Council shall not act on any application until the Washington County Planning Commission report of its recommendations is received, or until the expiration of 30 days from the date the application was submitted to the county.

The decision of the Council shall be in writing and shall be communicated to the applicant personally or mailed to the applicant at the applicant's last known address not later than 15 days following the decision. Copies of the decision shall also be provided to the Planning Commission and other municipal officials, as appropriate.

Denial. If the Council denies an application, then the written notification to the applicant shall specify the defects found in the application and describe the requirements which have not been met, and shall cite the provisions of the statute or ordinance relied upon.

Approval. If the Council approves an application, as filed by the applicant, then the Secretary will so certify thereon, and a copy of the approved plan will be forwarded to the applicant.