This Part shall apply to all major subdivisions.
Prior to filing an application for preliminary approval, the
applicant or his representative may meet with the municipal planner
and other representatives of the Municipality, including the economic
development officer, zoning inspector and municipal engineer, as warranted,
to obtain application forms and to discuss application procedures
and applicable ordinance requirements.
In addition, the developer may request a pre-application conference
with the Planning Board to discuss the conceptual design for the development
of the property and the feasibility and timing of the application.
The applicant shall contact the municipal planner at least 14 days
prior to the regular meeting of the Planning Board to request a pre-application
conference with the Planning Board.
The pre-application conference with the Planning Board 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 pre-application conference shall not constitute formal filing
of any application for approval of a subdivision, shall not bind the
Planning Board to approve any concept presented in the pre-application
conference and shall not protect the application from any subsequent
changes in ordinance provisions which may affect the proposed development
between the pre-application conference and the filing of an application
for preliminary approval of a major subdivision under the terms of
this Chapter.
The applicant shall file 10 copies of an application for preliminary approval required by §16-404 of this Chapter to the Municipality at least 30 calendar days prior to the regular meeting of the Planning Board. If the 30th day falls on a holiday, the application shall be filed by the close of business on the immediately preceding working day.
The preliminary application shall not be considered to be complete and properly filed unless and until all items required by §16-404 of this Chapter, including the application fee, have been received.
Immediately upon receipt, the Municipality shall stamp the application
with the date of receipt and one copy of the application shall be
distributed to the municipal engineer and one copy to the municipal
planner for review.
Additionally, the municipal planner shall submit one copy of
the complete and properly filed preliminary application to the Allegheny
County Department of Economic Development for review and comment that
shall be subject to payment of the prevailing County review fee by
the developer. Additional copies may be requested from the applicant
for referral to any other appropriate review agency at the discretion
of the municipal planner.
All applications for preliminary approval of a major subdivision
shall include the following:
404.1.
Ten copies of the completed application
form supplied to the Municipality;
404.3.
Evidence of ownership or proprietary interest:
404.4.
Ten copies of a preliminary plat, drawn at a scale of not less
than 100 feet to one inch, all drawings on sheets not exceeding 34
inches by 44 inches, containing the following information:
404.4.1.
A boundary and topographical survey by a surveyor of the total proposed
subdivision. If the developer intends to develop a tract of land in
phases, the preliminary plat shall include the total tract.
404.4.2.
The proposed name of the subdivision.
404.4.3.
The name, address, certification and seal of the registered engineer
or registered surveyor who prepared the plat and the registered surveyor
who did the survey shown on the plat.
404.4.4.
The name and address of the developer and, if the developer is not
the landowner, the name and address of the landowner.
404.4.5.
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.
404.4.6.
A graphic scale, north point and date.
404.4.7.
A legend and notes.
404.4.8.
Date of preparation. All revisions shall be noted and dated.
404.4.9.
The existing platting of land adjacent to the site, including the
names of adjoining owners, and all existing sewers, water mains, culverts,
petroleum or gas lines and fire hydrants on the site or within 100
feet of the site shall be shown.
404.4.10.
The names of all adjoining subdivisions.
404.4.11.
Existing watercourses, wetlands, tree masses and other significant
natural features.
404.4.12.
Location of existing buildings and all other structures, including
walls, fences, culverts and bridges, with spot elevations of such
buildings and structures. Structures to be removed shall be indicated
by dashed lines; structures to remain shall be indicated by solid
lines.
404.4.13.
Areas subject to periodic flooding, if any, as identified on
the current Federal Emergency Management Agency Maps.
404.4.14.
Identification of any wetlands on the site and the design techniques
proposed to accommodate them.
404.4.15.
Contours at intervals of elevation of not more than five feet
where the slope is 20% or greater and at intervals of not more than
two feet where the slope is less than 20%. Regardless of slope, contours
within area of disturbance shall be plotted at two-foot intervals.
404.4.16.
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.
404.4.17.
Existing and proposed easements, locations, widths and purposes.
404.4.18.
Cross sections including location, width and approximate grade
of all proposed streets, and the cuts or fills on said streets at
fifty-foot intervals.
404.4.19.
The layout of lots (showing scaled dimensions), lot numbers
and the area of lots in square feet.
404.4.20.
Front building lines.
404.4.21.
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.
404.4.22.
Tabulation of site data, including total acreage of land to
be subdivided, the number of residential lots, typical lot size, the
acreage in the subdivision and the acreage in any proposed recreation
or other public areas.
404.4.23.
The location of all existing sewer lines, culverts, or other
underground structures, with pipe sizes and types, together with a
preliminary layout of necessary extensions of, or additional, sewer
lines, or other proposed underground utilities, and indicating easements
for public utilities, sewage and drainage.
404.4.24.
Proposals for disposition of stormwater and sanitary waste consistent
with the requirements of this Chapter.
404.4.25.
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).
404.4.26.
If applicable, a notation on the plat that access to a county
owned road shall only be authorized by a highway occupancy permit
issued by the Allegheny County Department of Public Works.
404.5.
A complete traffic impact study prepared, signed and sealed
by a professional traffic engineer identifying the impact of the proposed
land development on existing traffic and circulation patterns and
proposing solutions to problems that may arise as a consequence of
said proposed development.
404.6.
Traffic Impact Study. These regulations represent the minimum
requirements and standards for preparation of a traffic impact study
for any land development, subdivision, expansion or change in use
within the Municipality. Current PennDOT standards governing Traffic
Impact Studies must also be met. Also specified are the traffic level
of service standards and minimum requirements that must be satisfied
for future development impacts.
404.6.1.
Traffic Impact Study Requirements.
404.6.1.1.
Any land development, subdivision, expansion, or change in use,
which will generate, on the average, 75 or more additional trips during
the adjacent roadways’ peak hours shall be required to have
a traffic impact study completed as part of the development. The estimated
number of trips shall be determined by an analysis of similar uses
through data collected by the Institute of Transportation Engineers
or through studies of similar uses acceptable to the Municipality.
When a traffic study is prepared for a subdivision that does not propose
development of the lots, the traffic study must be updated at the
time of land development to address the specific type and size of
development.
404.6.1.2.
Mt. Lebanon may require a traffic study for developments or
changes in use generating fewer than 75 additional trips during peak
hours in cases where known traffic deficiencies exist in the area
of the proposed development or change in use.
404.6.1.3.
The Municipality may waive the traffic impact study requirement
for an individual subdivision or development or change in use. This
is provided that the development or change in use was incorporated
as a part of any previous traffic impact study or studies completed
by the Municipality or other government agencies.
404.6.2.
Traffic Impact Study Contents and Scope.
404.6.2.1.
Mt. Lebanon will provide a scope of study specifying the study
area, intersections and any special requirements. Prior to initiation
of the study, a meeting shall be held to review the scope of work.
PennDOT may be invited to the meeting when appropriate. The study
shall include the following:
404.6.2.1.1.
Description of the proposed project in terms of land use and
magnitude.
404.6.2.1.2.
An inventory and analysis of existing roadway and traffic conditions
in the site environs including:
404.6.2.1.2.1.
Roadway network and traffic control;
404.6.2.1.2.2.
Existing traffic volumes in terms of
peak hours and average daily traffic (ADT), where specifically requested;
404.6.2.1.2.3.
Planned roadway improvements by others;
404.6.2.1.2.4.
Intersection levels of service;
404.6.2.1.2.5.
Roadway levels of service (where requested);
404.6.2.1.2.6.
Other measures of roadway adequacy;
i.e.: lane-widths, traffic signal warrants and vehicle delay studies.
404.6.2.2.
Projected site-generated traffic volumes in terms of:
404.6.2.2.1.
Peak hours and ADT (by phase if required);
404.6.2.2.2.
Approach/departure distribution including method of determination.
This must be approved prior to performing future traffic analyses;
404.6.2.2.3.
Site traffic volumes in roadway.
404.6.2.3.
An analysis of future traffic conditions, with and without the
proposed development, including:
404.6.2.3.1.
Future design year, or years with phasing, combined traffic
volumes (site traffic plus future roadway traffic). If the study is
required for PennDOT review, the future design year shall be consistent
with PennDOT requirements.
404.6.2.3.2.
Intersection levels of service;
404.6.2.3.3.
Roadway levels of service (where appropriate);
404.6.2.3.4.
A pavement analysis of roadways that are projected to experience
significant increases in ADT volumes (where appropriate);
404.6.2.3.5.
Other measures of roadway adequacy, i.e.: lane-width; traffic
signal warrants and vehicle delay studies.
404.6.2.4.
A description of future levels of service and their compliance
with standards for traffic capacity of streets, intersections and
driveways.
404.6.2.5.
A description and analysis of the proposed access plan and site
plan.
404.6.2.5.1.
On-site circulation plan showing parking locations and dimension,
loading access, circulation plan showing parking locations and dimension,
loading access, circulation roadway and traffic control;
404.6.2.5.2.
Driveway access plan showing location of driveways and new intersections
including geometric conditions and traffic control.
404.6.2.6.
A qualitative analysis of transportation demand management measures
including transit, pedestrian and bicycles, as well as telecommuting,
flextime, ridesharing, and similar elements of demand.
404.6.3.
Standards for traffic capacity and access.
404.6.3.1.
New or modified streets and intersections shall be designed
for traffic capacity defined as follows, unless otherwise approved
by the municipal engineer. All references to levels of service (LOS)
shall be as defined in the Highway Capacity Manual, Special Report
209, published by the Transportation Research Board.
404.6.3.1.1.
Traffic capacity LOS shall be based upon a future design year
that coincides with completion of the development and PennDOT requirements;
404.6.3.1.2.
New unsignalized intersections or driveways which intersect
streets shall be designed for LOS C or better for each traffic movement;
404.6.3.1.3.
New or modified (additional approach created) signalized intersections
shall be designed for LOS C or better;
404.6.3.1.4.
Existing intersections impacted by development traffic shall
maintain a minimum LOS D;
404.6.3.1.5.
Streets shall be designed for a minimum LOS C;
404.6.3.1.6.
Sight distance at driveways and new intersections shall meet
standards specified by PennDOT regulations.
405.1.
Planning Board Action. The municipal
engineer may present a written report to the Planning Board that states
whether an application complies with the requirements of this Chapter
and that report, if any, shall be included in the minutes at the Planning
Board meeting.
The Planning Board shall approve, approve with conditions or
disapprove the preliminary application at a public meeting. The action
of the Planning Board shall provide reasons for the decision, and,
in the case of a disapproval, shall cite the specific requirements
of this Chapter which have not been met.
The Planning Board shall not act 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 application was submitted
to the County for review. The report of the municipal engineer, if
any, shall be made a part of the record at that meeting.
A letter indicating approval, approval with conditions or disapproval
shall be mailed to the applicant within 15 days of the date of the
decision. If the preliminary application is not approved, the Planning
Board shall specify the defects found in the preliminary application
and cite the specific requirements of this Chapter that have not been
met.
405.2.
Conditional Approval. If the Planning Board 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 or other Chapters of the Code, the conditions of approval
shall be specified, in writing, in the notice of conditional approval
required by §405.1 of this Chapter. If the applicant fails to
give written notice to the Municipality 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.
405.3.
Expiration of Preliminary Approval. Preliminary approval shall
expire one year from the date of the grant of preliminary approval
by the Planning Board, unless a written extension is submitted by
the applicant and approved by the Planning Board. Any request for
extension shall be submitted to the Planning Board at least 30 days
prior to the prevailing expiration date. Extensions may be granted
for one or more six-month period(s) upon a finding by the Planning
Board that such extension is warranted for reasonable cause and not
due to the applicant’s own negligence or inaction.
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. The applicant
shall update the schedule on or before the anniversary of 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 Planning Board in its sole discretion.
After the Planning Board has approved a preliminary application
for a major subdivision, the developer may proceed by filing an application
for final approval of a major subdivision. The final application may
be submitted for the entire development granted preliminary approval
or may be submitted in phases in accordance with §408.4 of this
Chapter.
If the major subdivision proposes any variances from the provisions
of the Zoning Ordinance, the decision of the Zoning Hearing Board
shall be issued prior to submission of the application for final approval.
If the zoning variances are denied, the final plat shall be revised
to show compliance with the zoning requirements at issue. If the final
plat is not revised to show compliance with the zoning requirements
that are at issue, a new preliminary application shall be required.
In either case, the applicant shall submit 10 copies of the final application required by §16-407 of this Chapter to the Municipality at least 21 days prior to the regular meeting of the Planning Board. If the 21st day falls on a holiday, the application shall be filed by the close of business on the immediately preceding working day.
Immediately upon receipt, the Municipality shall stamp the application
with the date of receipt and one copy of the application shall be
distributed to the municipal engineer and one copy to the municipal
planner for review.
The final application shall not be considered to be complete and properly filed unless and until all items required by §16-407 of this Chapter, including the application fee, have been received.
During the review period between the date of receipt of the
application for final approval of a major subdivision by the municipality
and the next regular meeting of the Planning Board, the municipal
engineer may provide a written review of the application to the municipal
planner. Based on the written review, if any, the municipal engineer
and municipal planner shall determine whether the application is ready
to be scheduled on the Planning Board agenda. The municipal planner
shall notify the applicant, whether the application will be scheduled
on the next Planning Board meeting agenda and shall provide a copy
of the municipal engineer’s written review, if any, to the applicant.
In the event that the applicant submits 10 copies of a revised
application that addresses the municipal engineer’s written
review at least 14 calendar days prior to the regular monthly meeting
of the Planning Board, the revised application will be considered
at the Planning Board meeting. Revised plans which are submitted less
than 14 calendar days prior to the Planning Board meeting will be
scheduled for consideration on the subsequent month’s Planning
Board meeting agenda.
All applications for final approval of a major subdivision shall
include the following:
407.1.
Ten copies of the completed application
form supplied by the Municipality;
407.3.
One copy of the approved preliminary plat;
407.4.
Evidence that an amenities bond, if required, will be submitted
at the time of execution of the development agreement;
407.5.
Final covenants and restrictions applicable to the plan, if
any;
407.6.
Written evidence of compliance with all other applicable Municipal,
County, State and Federal regulations or permits;
407.7.
Written evidence of the decision of the Zoning Hearing Board
regarding zoning variances requested, if any; and
407.8.
Ten copies of the final plat in accurate and final form for
recording drawn to a scale not less than one inch equals 100 feet
on sheets not exceeding 34 inches by 44 inches which clearly delineates
the following:
407.8.1.
The name of the subdivision.
407.8.2.
The name and address of the developer, and, if the developer is not
the landowner, the name and address of the landowner.
407.8.3.
The name, address, certification and seal of the surveyor who prepared
the plat.
407.8.4.
The north point, graphic scale and date.
407.8.5.
Accurate boundary lines, with dimensions and bearings. The boundary
of the tract shall be determined by an accurate survey in the field
which must be balanced and closed and certified to be correct by a
registered land surveyor.
407.8.6.
Accurate locations of all existing and recorded streets intersecting
the boundaries of the tract of land described in the final plat.
407.8.7.
Lot numbers and dimensions. All lots shall be numbered consecutively.
407.8.8.
All dimensions shall be shown to the nearest 0.01 of a foot, United
States Standard measure.
407.8.9.
Final building lines.
407.8.10.
The location and dimensions of all easements for public improvements
and any limitations on such easements.
407.8.11.
Dimensions and bearings of any property to be reserved for public,
semi-public or community use.
407.8.12.
Location of existing buildings and all other structures, including
walls, fences, culverts and bridges, with spot elevations of such
buildings and structures. Structures to be removed shall be indicated
by dashed lines; structures to remain shall be indicated by solid
lines.
407.8.13.
Street names, which shall not duplicate or sound like an existing
street name in the 9-1-1 emergency service area;
407.8.14.
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 non-radial or non-tangential should
be so noted.
407.8.15.
Street lines with accurate dimensions in feet and hundredths
of feet.
407.8.16.
A tentative street profile plan for all streets within the subdivision
and for a distance of 200 feet beyond the boundaries of the subdivision.
407.8.17.
Refined contours and sufficient elevations to show proposed grading, which demonstrates compliance with Chapter 6 of the Mt. Lebanon Code, entitled “Grading and Excavating and Development of Steep Slopes.”
407.8.18.
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).
407.8.19.
If applicable, a notation on the plat that access to a county
owned road shall be authorized by a highway occupancy permit issued
by the Allegheny County Department of Public Works.
407.8.20.
Location, type and size of all monuments and lot markers in accordance with the standards and requirements of §16-701 of this Chapter and the County Planning Agency and an indication of whether they were found or set.
407.8.21.
Where applicable, evidence of approvals from the Allegheny County
Works Department, Allegheny County Soil Conservation District, Pennsylvania
Department of Environmental Protection and the U.S. Army Corps of
Engineers.
407.8.22.
Spaces for the signatures of the Chairman and Secretary of the
Planning Board; the President and Secretary of the Commission; the
municipal engineer; and dates of approval.
407.8.23.
Executed certification clauses required by the Allegheny County
Subdivision and Land Development Regulations.
407.8.24.
Executed development agreement in a form approved by the municipality.
408.1.
Planning Board Recommendation. The
municipal engineer may present a written report to the Planning Board
that states whether the application complies with the requirements
of this Chapter and that report, if any, shall be included in the
minutes of the Planning Board meeting.
The Planning Board shall make a recommendation, in writing,
to the Commission for approval, approval with conditions or disapproval
of the final application. The recommendation of the Planning Board
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.
408.2.
Commission Action. Eight copies of the final plat, as recommended
by the Planning Board, and one recordable plan with the required certifications
and signature clauses shall be submitted to the municipal manager
at least 12 calendar days prior to the regular meeting of the Commission
at which the application is to be considered for approval.
The Commission shall approve, approve with conditions or disapprove
the final application at a public meeting. The Planning Board’s
written recommendation and the report of the municipal engineer, if
any, shall be made a part of the record at that meeting.
A letter indicating approval, approval with conditions or disapproval
shall be mailed to the applicant within 15 days of the date of the
decision. If the final application is not approved, the Commission
shall specify the defects found in the final application and cite
the requirements of this Chapter that have not been met.
408.3.
Conditional Approval. If the Commission 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 or other Chapters of the Code, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by §408.2 of this Chapter. The applicant shall accept or reject the conditions attached to final approval either by giving written notice to the municipal manager or by executing the development agreement required by §16-411 of this Chapter within 90 days of the date of the meeting of the Commission at which final approval is granted. If the applicant fails to give written notice to the Municipality 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.
408.4.
Phased Approval. In the case where development of a major subdivision
is projected over a period of years, the Municipality authorizes submission
of final applications by sections or phases of development, subject
to such requirements or guarantees for public improvements in future
sections or phases of the development which are essential for the
protection of the public welfare and any existing or proposed section
or phase of the plan.
All sections or phases shall conform to the preliminary application
as previously approved by the Municipality. 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 this Chapter.
The Municipality may offer the mediation option as an aid in
reaching decisions on applications for approval of subdivisions or
land developments and as an alternative to appeals from such decisions.
Mediation shall supplement, not replace, those procedures once they
have been formally initiated. Nothing in this section shall be interpreted
as expanding or limiting the Municipality’s police powers or
as modifying any principle of substantive law.
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. The Commission shall
assure that, in each case, the mediating parties, assisted by the
mediator, as appropriate, develop terms and conditions for:
409.1.
Funding mediation.
409.2.
Selecting a mediator who, at a minimum, shall have a working
knowledge of municipal zoning and subdivision and land development
procedures and demonstrated skills in mediation.
409.3.
Completing mediation, including time limits for such completion.
409.4.
Suspending time limits otherwise authorized in this Chapter,
provided there is written consent by the mediating parties, or by
the Commission if either is not a party to the mediation.
409.5.
Identifying all parties and affording them the opportunity to
participate.
409.6.
Subject to legal restraints, determining whether some or all
of the mediation sessions shall be open or closed to the public.
409.7.
Assuring that mediated solutions are in writing and signed by
the parties, and become subject to review and approval by the Commission
pursuant to the procedures for approval contained in this Chapter.
No offers or statements made in the mediation sessions, excluding
the final written mediated agreement, shall be admissible as evidence
in any subsequent judicial or administrative proceedings.
Any person aggrieved by a decision of the Commission concerning
and application for approval of a subdivision or land development
may appeal the decision in accordance with the procedures specified
in Article X-A of the MPC.
When requested by applicant, in order to facilitate financing,
the Commission shall furnish the developer with a signed copy of a
resolution, indicating approval of the final plat contingent upon
the developer obtaining financial security pursuant to this Chapter,
executing the development agreement and meeting all of its obligations.
The plat shall not be signed by the Commission nor recorded until
the development agreement is executed and the cash deposit or irrevocable
letter of credit and amenities bond, if required, are submitted. The
resolution shall expire and be deemed revoked if the development agreement
and financial security as set forth herein are not executed and received
by Mt. Lebanon within 90 days of the date of the resolution, unless
a written extension is granted by the Commission.
411.1.
Prior to the Commission’s action
granting final approval of a subdivision or land development, the
applicant shall execute a development agreement. The development agreement
shall include the following:
411.1.1.
Petition for construction of public improvements: §412.1 of
this Chapter.
411.1.2.
Submission of cash deposit or an irrevocable letter of credit: §412.2
of this Chapter.
411.1.3.
Indemnification: §412.3 of this Chapter.
411.1.5.
Any other provisions or conditions that may be required by the Municipality.
411.2.
The development agreement shall be in a form acceptable to the
municipal solicitor and in addition to the above shall contain any
conditions attached to the final approval of the subdivision as well
as include the submission of the estimated sum required by the municipal
engineer to initiate pre-bid procedures, to prepare engineering designs
and specifications and to perform related activities for the bidding
and construction of public improvements.
411.3.
A development agreement (form) may be obtained from the municipal
manager. A sample development agreement can be found in Appendix 7 to this chapter.
412.1.
Construction of Public Improvements.
As a condition for final approval of a subdivision or a land development
plan, the applicant shall submit an amenities bond as defined by this
chapter, in favor of the Municipality, in an amount equal to 100%
and a cash deposit of 10% of the cost for completion of public improvements.
All public improvements shall be constructed in accordance with the
standards set forth in Appendix IV and the municipal construction standards. Until
the amenities bond and cash deposit are submitted and the final plat
is approved by the Commission there shall be no grading of any type
in the subdivision or land development, no construction of private
improvements and no structures placed on or within the subdivision
or land development. When streets and/or other public improvements
in a proposed subdivision have not been constructed or were not originally
constructed to Municipal Construction Standards the applicant shall
grade, pave and curb the streets and install storm sewers and sanitary
sewers, street and traffic control signage and other public improvements
required in the proposed subdivision in accordance with this chapter
and the Municipalities Planning Code.
412.2.
Submission of Cash Deposit or Irrevocable Letter of Credit.
As a part of the development agreement, the applicant shall submit
a cash deposit or irrevocable letter of credit as defined by this
Chapter, to the Municipality. The cash deposit or irrevocable letter
of credit shall be based upon a written estimate of the cost of completion
of the required improvements, prepared by the municipal engineer and
certified by such engineer to be a fair and reasonable estimate of
such and shall be in an amount equal to 110% of the cost of completion,
engineering and inspection of the public improvements.
412.2.1.
Cash Deposit. The cash deposit shall be submitted to the Municipality.
412.2.2.
Irrevocable Letter of Credit. The irrevocable letter of credit shall
be payable to the Municipality and shall be issued by a commercial
bank organized under the Pennsylvania Banking Code of 1965 or the
National Banking Act, having its principal place of business in the
Commonwealth of Pennsylvania, and having unimpaired capital and surplus
of at least 100 times the face amount of the letter of credit.
412.2.3.
Use of Cash Deposit or Irrevocable Letter of Credit. Mt. Lebanon
shall hold the cash deposit or the irrevocable letter of credit until
applied to the payment of costs of the improvements or returned to
the applicant in the manner hereinafter provided.
After the completion of the improvements and the payment of
entire cost thereof, if any excess remains in the cash deposit the
same shall be refunded by Mt. Lebanon to the applicant in accordance
with the Municipalities Planning Code. If, however, any deficiency
exists between the amount of said cash deposit or irrevocable letter
of credit and the actual total cost of the improvements after the
application of said cash deposit or irrevocable letter of credit as
aforesaid, Mt. Lebanon shall send to the applicant a written statement
showing the manner of the application of said cash deposit or irrevocable
letter of credit and the amount of such deficiency, whereupon the
applicant shall promptly pay to Mt. Lebanon the amount of such deficiency,
as shown on said statements.
Any portion of such deficiency that is not paid by the applicant
within 30 days from the sending of said written notice may at Mt.
Lebanon’s discretion, be assessed against the abutting properties
of the subdivision in accordance with the applicable law. The improvements
shall be constructed and the assessment therefore made against abutting
properties, at Mt. Lebanon’s discretion, in accordance with
the Home Rule Charter and Optional Plans Law, 53 Pa.C.S. 2901, and
Section 2060 of the First Class Township Code, 53 P.S. §57060,
as amended, Section 2408 of the First Class Township Code, 53 P.S.
§57408 enacted May 27, 1949, as amended or other applicable law.
The total cost of the improvements will be assessed on the abutting
properties without deduction for non-assessable property, street intersections,
or for any equitable adjustments.
412.2.4.
Additional Remedies to Effect Completion of Improvements. In the
event that any improvements that may be required have not been installed
as provided in this Chapter or in accord with the approved final plat,
the Municipality may enforce any corporate bond, or other security
by appropriate legal and equitable remedies. If proceeds of such bond,
or other security, are insufficient to pay the cost of installing
or making repairs or corrections to all of the improvements covered
by that security, the Municipality may, at its option, install such
improvements in all or part of the subdivision or land development
and may institute appropriate legal or equitable action to recover
the moneys necessary to complete the remainder of improvements. All
of the proceeds, whether resulting from the security or from any legal
or equitable action brought against the developer, or both, shall
be used solely for the installation of the improvements covered by
such security, and not for any other municipal purpose.
412.3.
Indemnification. The development agreement shall contain the
statement that the applicant has released, discharged, indemnified
and held harmless forever, and does hereby release, discharge, indemnify
and hold harmless forever Mt. Lebanon, its officials, employees, successors,
and assigns, of and from any and all loss, claims, demands, manner
of action, or causes of action for damage to the respective properties
of applicant.
The development agreement shall also contain a release of damages
by the applicant, releasing the Municipality from claims for damages
arising from construction of the street improvements and the installation
of storm sewers and sanitary sewers and other public improvements.
As a condition for final approval of a subdivision or a land
development plan, the applicant shall submit an amenities bond as
defined by this Chapter, in favor of the Municipality, in an amount
equal to 100% and a cash deposit of 10% of the cost for completion
of private improvements. All private improvements shall be constructed
in accordance with the standards set forth in Appendix IV and the municipal construction standards. Until
the amenities bond and cash deposit are submitted and the final plat
is approved by the Commission there shall be no grading of any type
in the subdivision or land development, no construction of private
improvements and no structures placed on or within the subdivision
or land development. The process for estimating the cost for completion
of private improvements shall be as follows.
413.1.
Determination of Cost of Completion.
In all subdivisions and land developments where private improvements
are required by Mt. Lebanon or voluntarily provided by the Applicant,
an Amenities Bond and Cash Deposit shall be required. The estimate
of the cost of the completion of the required private improvements
shall be prepared by the Applicant’s engineer and shall be certified
by such engineer to be a fair and reasonable estimate of such costs.
The Municipality, upon the recommendation of the Municipal Engineer,
may refuse to accept such estimate for good cause shown. If the applicant
and the municipality are unable to agree upon an estimate, the estimate
shall be recalculated and re-certified by another engineer chosen
mutually by the Municipality and the applicant. The estimate certified
by the third engineer shall be presumed fair and reasonable, and shall
be the final estimate. In the event that the third engineer is chosen,
fees for the services of the said engineer shall be paid equally by
the applicant and Mt. Lebanon.
413.2.
Time for Completion of Improvements. If more than one year from
the date of posting of the amenities bond and cash deposit is required
to complete the necessary improvements, the amount of the amenities
bond shall be increased by an additional 10% for a one-year period
beyond the first anniversary date from posting the amenities bond
or to an amount not exceeding 110% of the cost of completing the required
private improvements as reestablished on or about the expiration of
the preceding one-year period by using the above procedure, whichever
is the greater amount.
413.3.
Completion by Mt. Lebanon. If the private improvements are not
completed within two years of the posting of the amenities bond and
cash deposit Mt. Lebanon shall use the cash deposit to complete the
private improvements. If the cash deposit is not sufficient to complete
the private improvements the Municipality of Mt. Lebanon shall take
the necessary actions to enforce the amenities bond by appropriate
legal and equitable remedies provided by the Laws of the Commonwealth
of Pennsylvania.
413.4.
Date of Completion. A written and agreed to determination shall
be made to establish a reasonable date when the private improvements
should be completed after the municipal improvements are completed.
Upon approval of a final subdivision or land development plat
by the Municipality, the developer shall, within 90 days of such final
approval or 90 days after the date of delivery of an approved plat
signed by the governing body following completion of conditions imposed
for such approval, whichever is later, record such plat in the Allegheny
County Department of Real Estate (ACDRE).
414.1.
All plats or plans shall be drawn
on paper. Sepias, vellums, and mylars will not be accepted.
414.2.
Standard size sheets of drafting material shall be used. The
actual reproducible area of drawing on a sheet shall not be smaller
than 17 inches by 22 inches and shall not be larger than 22 inches
by 34 inches.
414.3.
All plats or plans shall be drawn or plotted with black drafting
or plotter ink.
414.4.
All dedications, acknowledgements, certifications and approvals
shall be made with black drafting or plotter ink, or a varityping
process which will enable legible reproduction.
414.5.
All signatures and dates shall be made with permanent black
ink using a felt tipped pen or drafting pen.
414.6.
All plans shall be drawn to a scale no smaller than 100 feet
to the inch.
414.7.
All condominium floor plans shall be drawn to a scale no smaller
than one-eighth inch to the foot.
414.8.
All plats and plans shall be of sufficient size, within the
parameters set forth in §414.2 of this Chapter, to clearly show
all dimensions, notations and other printed matter with sufficient
legibility and clarity to permit legible reproduction.
In the event that the plat has not been recorded within the
required 90 days, the applicant must submit a request in writing to
the Municipality requesting reapproval of the plan, provided there
are no changes in the subdivision previously granted approval and
all the requirements of this Chapter regarding posting of and execution
of an Escrow Deposit or Amenities Bond and execution of a Development
Agreement have been met and, further, provided the plan is submitted
for reinstatement of approval within 180 days following the date of
Final Approval by the Commission.
Any request for reinstatement of Final Approval which is submitted
after 180 days from the date of the original granting of Final Approval
by the Commission shall be required to resubmit an application for
Final Approval in conformance with the requirements this Chapter.
Upon recording of the final plat in the Allegheny County Department
of Real Estate (ACDRE), the applicant shall deliver to the Municipal
Manager, one recordable plan and one copy in electronic format of
the final plat as recorded, containing all required signatures and
dates of approval. The following layers shall be included in the electronic
file: property lines, right of way lines, centerline of streets, easements,
lot numbers, street names, pavement, buildings, text general (title
block, notes, clauses, etc.), metes and bounds, utilities (storm and
sanitary on separate layers), drainage (creeks and streams), monuments
and markers, building setbacks, adjoining property lines, contours,
elevation spots, and walls. Electronic files shall be in a file format
type as specified by the Municipal Planner.
