1001.1.
Authority. No use of vacant land, other than agricultural
use, shall be made, nor shall any Building or Structure hereafter constructed, erected, or structurally
altered be occupied or used, nor shall any existing use of a Building, Structure or land be changed
until a Certificate of Use, Occupancy and Compliance shall have been
issued by the Zoning Officer.
1001.2.
Purpose. The Certificate of Use, Occupancy and Compliance
provides a procedure for reviewing plans and shall not be issued unless
the application therefore demonstrates compliance with this chapter
and all other applicable requirements of the Mt. Lebanon Code and
other applicable law. Further, it serves as an adjunct to, and thus
must be filed prior to or with, all applications filed pursuant to
this chapter with respect to a specific use or development proposal.
1001.3.
Certificate Issued in Conflict is Void. Any Certificate
issued in conflict with the provisions of this chapter shall be null
and void.
1001.4.
Standards.
1001.4.1.
No building permit or other permit for excavation or for the
erection, construction, repair or Alteration of a Building
or Structure shall be issued before application has been
made for a Certificate of Use, Occupancy and Compliance.
1001.4.2.
A Certificate of Use, Occupancy and Compliance issued under
this Section shall state that the Building, Structure, or land complies
with the provisions of this chapter.
1001.5.
Procedures.
1001.5.1.
In the event that a building permit is required for the construction,
erection or Structural Alteration of any Building or Structure, an application for a Certificate of Use, Occupancy and Compliance
shall be made simultaneously with the application for the building
permit.
1001.5.1.1.
The Applicant shall notify the Zoning
Officer of the date on which such construction, erection
or Structural Alteration shall have been completed
in conformity with the provisions of this chapter, and the Zoning Officer shall examine the Building or Structure involved within 10 days of the completion
thereof.
1001.5.1.2.
If the Zoning Officer shall find that such
construction, erection, or Structural Alteration has
been completed in accordance with the provisions of this chapter,
a Certificate of Use, Occupancy and Compliance shall be issued.
1001.6.
Temporary Certificate of Use, Occupancy and Compliance.
1001.6.1.
The Zoning Officer may issue a temporary Certificate
of Use, Occupancy and Compliance which may permit the Use or occupancy
of a Building or Structure during Structural Alteration
thereof or may permit the partial Use or occupancy of a Building
or Structure during its construction or erection.
1001.6.2.
Such a temporary Certificate of Use, Occupancy and Compliance
shall be valid only for a period not exceeding six months from its
issuance and shall be subject to such restrictions and provisions
as may be deemed necessary by the Zoning Officer to
adequately ensure the safety of persons using or occupying the Building,
Structure or land involved.
1001.6.3.
Application for such a temporary Certificate of Use, Occupancy
and Compliance shall be made in the same manner as for a Certificate
of Use, Occupancy and Compliance, and the application for or issuance
of such a temporary Certificate of Use, Occupancy and Compliance shall
in no way affect the obligation to apply for and obtain a Certificate
of Use, Occupancy and Compliance nor in any way alter the rights,
duties and obligations of the Municipality or the Owners and users
of Buildings, Structures or land within the Municipality with regard
to the matters governed by this chapter except as expressly set forth
in this Section.
1001.7.
Application Forms.
1001.7.1.
All applications for Certificate of Use, Occupancy and Compliance
shall be made on printed forms to be furnished by the Zoning
Officer and shall contain accurate information including:
1001.7.1.1.
The size of and location of the Lot; the size and location of
the Buildings or Structures on the
Lot;
1001.7.1.2.
The dimensions of all Yards and Open Spaces;
and
1001.7.1.3.
Such other information as may be required by the Zoning
Officer as necessary to provide for the enforcement of this
chapter.
1002.1.
Authority. In certain portions of
this chapter, certain specified Conditional Uses may
be authorized if first approved by the Commission. Such Conditional
Uses may be allowed or denied by the Commission pursuant
to the standards, criteria and conditions set forth in this chapter
or incorporated herein by reference.
1002.2.
Purpose. Conditional Uses are those Uses having some special impact or uniqueness which requires
a careful review of their location, design, configuration, and special
impact to determine, against fixed standards, the desirability of
permitting their establishment on any given site.
1002.3.
Standards.
1002.3.1.
In evaluating any of the Uses referred to in this Section, the
Commission shall determine that the proposed use will not:
1002.3.1.1.
Alter the essential character of the neighborhood or district
in which the property is located;
1002.3.1.2.
Substantially or permanently impair the appropriate Use or development
of adjacent property or properties, nor be detrimental to the public
welfare.
1002.3.2.
The Commission shall consider, among other things, the effect
and overall compatibility of the proposed Use:
1002.3.2.1.
The density of population;
1002.3.2.2.
The Height, size, shape and location of proposed Buildings and other Structures;
1002.3.2.3.
The adequacy and location of off-street Parking Facilities;
1002.3.2.4.
The potential for increased traffic conditions;
1002.3.2.5.
The existence and location of natural and artificial buffering
facilities, including screen planting;
1002.3.2.6.
The proposed method of treatment of any facilities to be located
on a roof or portion thereof, or anywhere on or about the exterior
facade of the proposed Buildings or Structures;
1002.3.2.7.
Lighting (including type, source, magnitude, exposure angle
and location);
1002.3.2.8.
Odors and noise; and
1002.3.2.9.
Signs and other display devices.
1002.4.
Procedure.
1002.4.1.
Application Submittal. Applicants shall submit
to the Municipality, for review by both the Commission
and the Planning Board, plans and specifications meeting the requirements set forth in §20-1003 outlining the requirements for Site Plans.
1002.4.2.
Requirement for Public Hearing. No Conditional Use shall be approved except after recommendations by the Planning Board
and pursuant to Public Notice and hearing held on
the application for any such Use by the Commission.
1002.4.2.1.
Hearings. The Commission shall conduct hearings and make decisions
in accordance with the following requirements:
1002.4.2.1.1.
Public Notice shall be given and, at
least one week prior to the hearing, written notice shall be given
to the Applicant, the Zoning Officer, record owners
of property located within 200 feet of the proposed Conditional Use
and to any person who has made timely request for the same. In addition
to the written notice provided herein, written notice of said hearing
shall be conspicuously posted on the affected tract of land at least
one week prior to the hearing.
1002.4.2.1.2.
The first hearing before the Commission
or hearing officer shall be commenced within 60 days from the date
of receipt of the Applicant’s application unless the Applicant
has agreed in writing to an extension of time. Each subsequent hearing
before the Commission hearing officer shall be held within 45 days
of the prior hearing, unless otherwise agreed to by the Applicant
in writing or on the record. An Applicant shall complete the presentation
of his case-in-chief within 100 days of the first hearing. Upon the
request of the Applicant, the Commission or hearing officer shall
assure that the Applicant receives at least seven hours of hearings
within the 100 days, including the first hearing. Persons opposed
to the applicant shall complete the presentation of their opposition
to the applicant within 100 days of the first hearing held after the
completion of the Applicant’s case-in chief. An Applicant may,
upon request, be granted additional hearings to complete his case-in-chief
provided the persons opposed to the application are granted an equal
number of additional hearings. Persons opposed to the Applicant and
Municipality, be granted additional hearings to complete their opposition
to the application provided the Applicant is granted an equal number
of additional hearings for rebuttal.
1002.4.2.1.3.
The Commission shall render a written
decision or, when no decision is called for, make written findings
on the conditional use application within 45 days after the last hearing
before the Commission. Where the application is contested or denied,
each decision shall be accompanied by findings of fact or conclusions
based thereon, together with any reasons, therefore. Conclusions based
on any provisions of the Municipalities Planning Code or of any ordinance,
rule or regulation shall contain a reference to the provision relied
on and the reasons why the conclusion is deemed appropriate in the
light of the facts found.
1002.4.2.1.4.
A copy of the final decision or, where
no decision is called for, of the findings shall be delivered to the
Applicant personally or mailed to him not later than the day following
its date. To all other persons who have filed their name and address
with the Commission not later than the last day of the hearing, the
Commission shall provide by mail or otherwise, brief notice of the
decision or findings and a statement of the place at which the full
decision or findings may be examined.
1002.4.3.
Other Requirements.
1002.4.3.1.
The Applicant shall also provide photographs
of the present site and the surrounding contiguous area to a depth
of 200 feet.
1002.4.3.2.
Floor plans and elevations (not to be considered to require
working drawings or construction drawings) and perspectives or models
showing the bulk of the proposed Buildings or Structures shall also be provided. The elevations or perspectives
shall identify the major materials on the exterior of the proposed Buildings and other Structures.
1002.4.3.3.
The Applicant shall furnish upon request statements
by affidavit concerning features and effects of the proposed Use upon
the adjacent properties and the surrounding neighborhood.
1002.4.4.
Approval.
1002.4.4.1.
In granting a Conditional Use, the Commission may attach such reasonable conditions and safeguards, other than those related to offsite transportation or road improvements as defined in the Municipalities Planning Code, in addition to those expressed in this Chapter 20, as it may deem necessary to implement the purposes of the Municipalities Planning Code and this Chapter 20.
1002.4.4.2.
Each situation shall be deemed to be separate and individual,
and the disposition made by the Commission shall apply only to the
case in point and shall in no way be construed to establish precedent.
1002.5.
Revocation of Approval.
1002.5.1.
Approval by the Commission of a Conditional Use referred to
in this Part shall be void in the event a building permit is not applied
for within 12 months and construction is not started within 18 months.
1002.5.2.
An extension of up to six months may be granted by the Zoning Officer in the event the Applicant has shown good
cause for the delay.
1003.1.
Authority. In considering the proposed
development for purposes of approving its location, Site Plan and general character, the Commission and the Planning Board shall apply the Site Plan regulations as herein
provided and shall further review the said Site Plan from the standpoint and with the object of promoting the community
development goals as set forth in this chapter.
1003.2.
Purpose. The purpose of requiring the submission
of a Site Plan for review and approval prior to the
issuance of any of the permits and prior to the Use and occupancy
of any land, Building or Structure for which the submission of a Site Plan is required,
is to assure the appropriate treatment of sites in accordance with
certain minimum standards of development.
1003.3.
Standards.
1003.3.1.
Building permit, grading permit, Street opening permit, Parking
Facilities permit, or other applicable permits shall be obtained for
all development as required by Municipal ordinance, State or Federal
law.
1003.3.2.
Uses permitted subject to Site Plan Review in each district
shall be subject to Site Plan Review as outlined in this Part.
1003.3.3.
Conditional Uses shall be required to follow the requirements
of this Part.
1003.3.4.
The provisions of the Site Plan regulations shall be considered
as the minimum requirements for an approved Site Plan.
1003.4.
Procedure.
1003.4.1.
Preliminary Consultation. The Owner or Owners of land to be developed in any district shall consult
with the Planning Board, the Planner, and other Public officials prior to the preparation of the preliminary Site Plan. Requirements for Site Plan approval
should be determined in advance of the preparation of the preliminary Site Plan.
1003.4.2.
Submitting Preliminary Site Plan.
1003.4.2.1.
An Owner or Owners seeking
approval of a Site Plan for Uses requiring Site Plan approval shall submit a written
letter of application to the Planning Board.
1003.4.2.2.
Ten copies of the application, together with at least 10 prints
of each drawing submitted as part of this chapter shall be submitted
to the Office of the Planner no later than 28 days prior to the Planning Board meeting at which consideration is desired.
1003.4.2.3.
Application fee or fees and review fee or fees shall be paid
to the Treasurer in an amount specified in accordance with a schedule
of fees, charges and expenses determined by the Commission. The schedule
of fees shall be posted in the Office of the Manager. The Commission
may alter the fee schedule from time to time by resolution adopted
at any public meeting of the Commission.
1003.4.3.
Preliminary Approval.
1003.4.3.1.
If the Planning Board approves the preliminary Site Plan, the Owner is authorized to proceed
with the preparation of the final Site Plan.
1003.4.3.2.
Conditional preliminary approval may be given by the Planning Board subject to modifications or changes requested
and recorded by the Planning Board, in which case
the final Site Plan may be prepared to include said
modifications or changes.
1003.4.3.3.
A statement approving or disapproving the preliminary Site Plan shall be signed by the chairman or vice chairman
of the Planning Board and attached to and made part
of the preliminary Site Plan.
1003.4.3.4.
If a Variance or Special Exception is required from the Zoning Hearing Board, which
is in any way related to the preliminary Site Plan, the Planning Board shall give only conditional
approval, which shall not be binding if such Variance or Special Exception is denied by the Zoning
Hearing Board.
1003.4.3.5.
Preliminary approval shall confer upon the Owner the following rights for a one year period from the date of approval:
1003.4.3.5.1.
That the general terms and conditions
under which the preliminary Site Plan was granted
will not be changed.
1003.4.3.5.2.
That the Owner may submit
on or before the expiration date the final Site Plan for final approval.
1003.4.4.
Final Approval.
1003.4.4.1.
Ten copies of the final Site Plan shall be
submitted to the Planning Board for final approval
no later than 28 days prior to the meeting at which the plan is to
be considered.
1003.4.4.2.
The submission shall conform to specifications as required in
§1003.5 of this chapter.
1003.4.4.3.
All documents shall be dated and bear the signature and seal
of the registered professional Architect, Landscape Architect and/or Engineer who
prepared the same and the name and address of the Owner of the land.
1003.4.4.4.
The Planning Board and Planner shall complete
a final review of the final Site Plan.
1003.4.4.4.1.
If the Planning Board approves the final Site Plan, the original tracing
or tracings shall bear the signature of the chairman or vice chairman
of the Planning Board, attested by the secretary.
1003.4.4.4.1.1.
Following approval of the final Site Plan by the Planning Board, 10 copies
of the final plan, revised as recommended by the Planning
Board in its review of the final plan, shall be submitted
to the Manager.
1003.4.4.4.1.2.
The Commission shall consider the final
plan at its next regular meeting, provided copies of the plan are
submitted to the Manager no later than 12 days prior to the meeting.
1003.4.4.4.2.
If the Planning Board disapproves the final Site Plan, the Site
Plan may be modified or changed for further review by the Planning Board, or 10 copies of the final Site Plan shall be returned to the Manager for appeal to the Commission with
all recommendations from the Planning Board attached.
1003.4.4.4.2.1.
The Commission may approve the final Site Plan or request changes and modifications, in which
case, the revised final Site Plan must be re-submitted
to the Planning Board for their review and approval
or disapproval.
1003.5.
Site Plan Requirements.
1003.5.1.
Preliminary Site Plan. The application for preliminary review
shall include the following information:
1003.5.1.1.
Ten copies of the completed application form supplied by the Municipality.
1003.5.1.2.
Application filing fee.
1003.5.1.3.
Evidence of ownership or equitable interest.
1003.5.1.4.
Evidence of compliance with the requirements of Sections 404.5 and 404.6 of the Subdivision and Land Development Ordinance, Chapter 16.
1003.5.1.5.
Evidence of compliance with Chapter 6 (Grading and Excavating and Development of Slopes) of the Mt. Lebanon Code.
1003.5.1.6.
Ten copies of a preliminary plat, prepared in accordance with
the specifications shown in the applicable diagrams in Part 17 accurately
drawn to a scale of not less than one inch equals 50 feet certified
by a Pennsylvania Registered Land Surveyor as to existing features,
design features and boundaries. The preliminary plat shall include
or be accompanied by the following information:
1003.5.1.6.1.
Date of preparation. All revisions shall
be noted and dated.
1003.5.1.6.2.
A location map showing the location of
the tract with reference to the surrounding properties, existing Streets, and streams within 1,000 feet of the Land
Development.
1003.5.1.6.3.
Name of the development, including the
words “preliminary Land Development Plan;”
north arrow; graphic scale; map and parcel number; the name and address
of the record owner; the name and address of the Applicant; the name and address, license number and seal and signature of
the person preparing the survey. If the Owner of
the Premises is a corporation, the name and business
address of the president and secretary shall be submitted on the application.
1003.5.1.6.4.
All distances shall be in feet and 0.01
of a foot and all bearings shall be given to the nearest 10 seconds.
1003.5.1.6.5.
A copy of the zoning district map in
which the parcel is located, together with the zoning classification
of properties within 200 feet of the boundaries of the property for
which the application is made shall be illustrated on a map.
1003.5.1.6.6.
A boundary and topographical survey by
a surveyor of the total proposed Land Development. If the Developer intends to develop a tract of
land in phases, the preliminary plat shall include the total tract.
1003.5.1.6.7.
A copy of any existing or proposed covenants,
deed restrictions, which are applicable to the property.
1003.5.1.6.8.
A statement requesting any waivers or modifications to the requirements of this Chapter in accordance with §20-1005, if applicable.
1003.5.1.6.9.
A statement identifying any zoning variances that have been granted to the property by the Zoning Hearing Board.
1003.5.1.6.10.
The distance measured along the Right-of-Way lines of existing Streets abutting
the property, to the nearest intersections with other Public
Streets within 200 feet of the site boundaries.
1003.5.1.6.11.
The location and dimensions of proposed Buildings and Structures, all accessory Structures and Fences, if any, including Front, Side and Rear Yard setbacks, height of Buildings, First Floor Elevations of all Structures, and floor plans of Buildings.
1003.5.1.6.12.
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.
1003.5.1.6.13.
If applicable, special Flood hazard area boundaries. If any proposed construction or development
is located within or adjacent to, any identified Flood-prone
Area, the following information shall be submitted:
1003.5.1.6.13.1.
A plan which accurately delineates
the area which is subject to Flooding, the location
of the proposed construction, the location of any other Flood-prone development or Structures, and the location
of any existing or proposed stream improvements or protective works,
information concerning the 100-Year Flood elevations,
descriptions of uplift forces, associated with the 100-Year
Flood, size of Structures, location and
elevations of Streets, water supply and sanitary
sewage facilities, soil types and Flood-proofing measures.
1003.5.1.6.13.2.
A document certified by a registered
professional Engineer or Architect that the proposed construction has been adequately designed against Flood damage and that the plans for the development of the site adhere to the regulations set forth in Chapter 2, Part 2, of the Mt. Lebanon Code entitled Flood Plain Regulations.
Such statement shall include a description of the type and extent
of Flood-proofing measures that have been incorporated
into the design of the Structure.
1003.5.1.6.14.
Existing and proposed contours, referred
to as United States Coast and Geodetic Survey datum, now known as
National Vertical Geodetic Datum (NVGD) 1929, with a contour interval
of two feet for Slopes of less than 20% and an interval
of five feet for Slopes of 20% or more. Regardless
of Slope, contours within areas of disturbance shall
be plotted at two-foot intervals. Dashed lines shall be used to indicate
existing contours and solid lines shall be used to indicate proposed
contours.
1003.5.1.6.15.
Location of existing rock outcrops,
high points, watercourses, depressions, ponds, marshes, wooded areas,
and other significant existing features, including previous Flood elevations of watercourses, ponds and marsh areas
as determined by survey.
1003.5.1.6.16.
Identification of any wetlands on the
site and the design techniques proposed to accommodate them.
1003.5.1.6.17.
Any and all existing Streets related to the proposed development; including the names, cartway
widths, approximate gradients, and sidewalk widths.
1003.5.1.6.18.
If any new Streets are
proposed, profiles, indicating grading; cross sections showing the
width and design of roadways and sidewalks.
1003.5.1.6.19.
Acreage, to the nearest hundredth of
an acre of the site to be developed for non-residential purposes and/or
the area, in square feet, of each Lot to be developed
for residential purposes.
1003.5.1.6.20.
Plans of proposed stormwater systems
showing feasible connections to existing or any proposed utility systems.
Pipe sizes, grades and direction of flow, locations and inlets, manholes
or other appurtenances and appropriate invert and other elevations
shall be indicated. All stormwater facility plans shall be accompanied
by a separate sketch showing all existing drainage within 500 feet
of any boundary, and all areas and any other surface area contributing
to the calculations, and showing methods used in the drainage calculations.
1003.5.1.6.22.
The location and size of all existing
and proposed sanitary sewers.
1003.5.1.6.23.
The location and size of all existing
and proposed waterlines, valves, and hydrants.
1003.5.1.6.24.
The location, width and purpose of all
existing and proposed Easements and Rights-of-way.
1003.5.1.6.25.
The location, type, and approximate
size of existing utilities to serve the development.
1003.5.1.6.26.
Tree masses and all individual specimen
trees having a caliper of four inches or greater.
1003.5.1.6.27.
A soil erosion and sedimentation control
plan prepared by a person trained and experienced in control methods
and techniques which conforms to the requirements of the Pennsylvania
Clean Streams Law and Chapter 102 of the Rules and Regulations of
the Pennsylvania Department of Environmental Protection governing
Erosion Control, or any successor regulations thereto.
1003.5.1.6.28.
The number and density of Dwelling
Units (if residential).
1003.5.1.6.29.
All means of vehicular access for ingress
and egress to and from the site onto Public Streets, showing the size and location of internal Streets or Driveways and curb cuts including the organization
of traffic channels, acceleration and deceleration lanes, additional
width, and any other improvements on the site or along the site’s Street Frontage necessary to prevent a difficult traffic
situation. All pedestrian walkways and provisions for handicapped
facilities in compliance with the requirements of the Americans with
Disabilities Act (ADA) for an accessible site shall also be shown.
In addition, the Land Development Plan shall show
the existing road system, located outside the development within 200
feet of the development or the next nearest intersection.
1003.5.1.6.30.
Computation of the number of Parking Spaces to be provided, the location and design of
off-street Parking Areas and loading areas showing
size and location of bays, aisles and barriers and the proposed direction
of movement.
1003.5.1.6.31.
Tabulation of site data, indicating
zoning requirements applicable to the site and whether the proposed
site development features comply.
1003.5.1.6.32.
Proposed screening and landscaping,
including a preliminary planting plan.
1003.5.1.6.33.
The methods, placement and screening
of solid waste disposal and storage facilities.
1003.5.1.6.34.
If applicable, a detailed proposal,
including covenants, agreements, or other specific documents showing
the ownership and method of assuring perpetual maintenance to be applied
to those areas which are to be used for Private Streets, sewers, recreational or other common purposes.
1003.5.1.6.35.
If the plan is to be completed in phases,
the proposed sequence of development with projected time schedule
for completion of each of the several phases.
1003.5.1.6.36.
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).
1003.5.1.6.37.
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.
1003.5.1.6.38.
Spaces for the signature of the Chairman
and Secretary of the Planning Board; the President
and Secretary of the Commission; the Municipal Engineer; and dates of approval.
1003.5.2.
Final Site Plan. All applications for final approval shall include
the following:
1003.5.2.1.
Ten copies of the completed application form supplied by the Municipality;
1003.5.2.2.
Application filing fee, as required by §20-1202 of this Chapter;
1003.5.2.3.
Evidence of ownership or equitable interest;
1003.5.2.4.
One copy of the approved preliminary plat, unless the application
is for combined preliminary and final approval authorized in this
Chapter;
1003.5.2.5.
Ten copies of a final plat drawn in accordance with the specifications
shown in the applicable diagrams in Appendix II at a scale of not
less than one inch equals 100 feet. The final plat shall show or be
accompanied by the following information:
1003.5.2.5.1.
Date, name and location of the Land Development, the name of the owner, graphic scale,
and the words “final Land Development Plan.”
1003.5.2.5.2.
Tract boundary lines, Right-of-Way lines of Streets, Street names, Easements and other Rights-of-way, land
reserved or dedicated to Public use, all Lot Lines and other boundary lines; with accurate dimensions,
bearing or deflection angles, and radii, arcs, and central angles
of curves; and the area of each lot.
1003.5.2.5.3.
The names, exact location and widths
of all existing and recorded Streets intersecting
or paralleling the plot boundaries within a distance of 200 feet or
the next nearest intersection.
1003.5.2.5.4.
The purpose location and dimensions of
any Easement or land reserved or dedicated to Public use shall be designated.
1003.5.2.5.5.
Lot and block numbers assigned to the
property by the County Assessment Office, including Lot and block numbers of immediately abutting property.
1003.5.2.5.6.
Certification by the Applicant’s surveyor as to accuracy of details of plat.
The error of closure shall not be more than one in 10,000.
1003.5.2.5.7.
Dates of preparation and dates of all
revisions to the plan.
1003.5.2.5.8.
Name and business address of the registered Architect, Landscape Architect or professional Engineer who prepared the plan.
1003.5.2.5.9.
Evidence of required permits from applicable
Federal, State and County agencies.
1003.5.2.5.10.
Certification of service from all applicable
utility companies.
1003.5.2.5.11.
A design view of the front, side, and
rear elevations of the proposed Structures. Design
view elevations are also to be shown where proposed additions or Alterations affect such elevations.
1003.5.2.5.12.
Location, height and use of all existing
and proposed Structures on the property, indicating Structures to be removed, if any, and the distances between
proposed Structures or additions to existing Structures and adjacent property lines.
1003.5.2.5.13.
A site lighting plan showing details
of all exterior lighting fixtures and supports, the location of exterior
lighting fixtures proposed to light the Buildings, Parking Areas, sidewalks, and any other areas
proposed for Public use; documentation that proposed
lighting will be shielded and reflect away from adjacent Streets and residential properties; a photometric plan.
1003.5.2.5.14.
Layout and design of proposed parking
and loading areas, including the gradient of proposed Driveways and Parking Facilities and the proposed pattern
of traffic circulation on the site, including pavement markings, islands,
curbs, bumper guards, and similar facilities.
1003.5.2.5.15.
Sidewalks or walkways, if any, proposed
for pedestrian circulation on the site.
1003.5.2.5.16.
The type of paving material to be used
for all sidewalks, walkways, Driveways and Parking Facilities.
1003.5.2.5.17.
A final landscaping plan showing the
type, size and location of any plant material proposed, a planting
schedule, all areas proposed to be seeded, and the parties responsible
for future maintenance.
1003.5.2.5.18.
Construction materials of all Fences, walls, or screens.
1003.5.2.5.20.
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).
1003.5.2.5.21.
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.
1003.5.2.5.22.
If applicable, an N.P.D.E.S. Permit.
1003.5.2.5.24.
Storm drainage plan, including location,
size, Slope, direction of flow, capacity and material
of all storm sewers and connections to existing systems; location
of all catch basins, manholes, culverts, and other appurtenances;
location and width of all storm drainage Easements; and location of surface swales, if any.
1003.5.2.5.26.
An executed development agreement in
a form approved by the Municipality.
1003.5.2.5.26.1.
Petition for improvements. When Street and other improvements have not been made previously
in accordance with Municipal specifications, including any Streets which were not built originally to Municipal specifications,
there shall be submitted to the manager, at the time the final plat
is submitted to him for approval, the following executed documents:
1003.5.2.5.26.1.1.
A petition from the Developer to the Commission requesting the Municipality to
grade, pave, curb, and storm sewer the Streets in
the proposed Sub-division or Land Development and to install the necessary sanitary sewers required in the proposed Sub-division or Land Development.
1003.5.2.5.26.1.2.
A release of damages by the Developer, releasing the Municipality from
claims for damages arising from Street improvements
and the installation of sanitary sewers and storm sewers.
1003.5.2.5.26.1.3.
An agreement be-tween the De-veloper and the Municipality providing
either (a) a cash deposit with the Munici-pality or
(b) an irrevocable letter of credit payable to the Munici-pality, from 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 unimpair-ed
capital and surplus of at least 100 times the face amount of the letter
of credit. The cash deposit or letter of credit shall be in an amount
as deter-mined by the Municipal Engi-neer, equal
to 110% of the engineering installation of the improvements in accordance
with the standards and specification of the Municipality.
1003.5.2.5.26.2.
Forms for the petition, release of
damages, and agreement (including the letter of credit, if used) shall
be obtained from the manager.
1003.5.2.5.27.
Spaces for signatures of the President
and Secretary of the Commission; the Chairman and Secretary of the Planning Board; the Municipal Engineer;
and dates of approval.
1003.6.
Expiration of Site Plan Approval.
1003.6.1.
Approval of the final Site Plan shall expire and become null
and void if the work as shown on the Site Plan has not commenced within
six months or is not completed within one year from the date of approval.
1003.6.2.
An extension of up to six months may be granted by the Zoning Officer in the event the Applicant has shown good
cause for the delay.
1003.7.
Inspection of Site Development Work.
1003.7.1.
Inspections.
1003.7.1.1.
The Municipality shall make the inspections
hereinafter required and shall either approve that portion of the
work which has been completed or notify the Owner wherein the same fails to comply with the provisions of this Chapter.
1003.7.1.2.
Site Plans, approved by the Municipality, shall be maintained at the site during the progress of the site
developments until the work has been approved.
1003.7.1.3.
The Owner shall notify the Municipality in order to obtain inspections in accordance with the following
schedule and such notification shall be made by the Owner at least 24 hours before the inspection is to be made:
1003.7.1.3.1.
Initial Inspection: when work is about
to be commenced.
1003.7.1.3.2.
Rough Grading: when all rough grading
has been completed.
1003.7.1.3.3.
Drainage Facilities: when drainage facilities
are being installed and before such facilities are backfilled.
1003.7.1.3.4.
Sanitary Facilities: when sanitary facilities
are being installed and before such facilities are backfilled.
1003.7.1.3.5.
Special Structures: when
excavations are completed for retaining and crib walls and when reinforcing
steel is in place and before concrete is poured.
1003.7.1.3.6.
Roadways: when roadways and Parking
Areas are rough graded and before final paving.
1003.7.1.3.7.
Additional Inspection: when in the opinion
of the Municipality other inspections are necessary.
1003.7.1.3.8.
Final Inspection: when all work, including
the installation of all drainage, landscaping and other Structures has been completed.
1003.7.2.
Inspection Fees. In advance of the issuance of the building
permit, the Owner shall remit to the Zoning
Officer an inspection fee for the performance of inspections
of the work contemplated by the approved Site Plan, in accordance with the established fee scheduled adopted pursuant to §20-1202 of this Chapter.
1003.8.
Maintenance of Site After Completion of Work.
1003.8.1.
The Owner of any property on which the Site Plan work has been
made shall maintain in good condition and repair all retaining walls,
cribbing, drainage Structures, sewers, Fences, roads, Parking Areas,
ground cover, landscaping and other improvements shown in the Site
Plan regulations, and further, the continued use of said area shall
be contingent upon the maintenance and upkeep, satisfactory to the
Municipality and subject to further conditions as the Municipality
may prescribe from time to time.
1003.8.2.
The Owner of any property containing a private stormwater management
system shall provide an annual inspection report and certification
of performance to the Municipality.
1003.8.3.
The site development certificate of completion may be revoked
by the Commission at any time if the Site Plan is not being observed
or if conditions exist which may adversely affect the health, safety,
and welfare of any person, persons, or property.
1003.9.
Site Development Certificate of Completion.
1003.9.1.
If, upon final inspection of the site, it is found that the
work shown on the Site Plan has been satisfactorily completed in accordance
with the requirements of this Chapter, a site development certificate
of completion covering such work and stating that the work is approved,
shall be issued to the Owner by the Municipality.
1003.9.2.
The Municipality shall have the power to revoke any certificate
of completion whenever it finds that the work covered by the certificate
has been materially extended or altered, without approval so to do
or the Owner does not maintain the site in accordance with §1003.8.
Before such revocation, the Municipality shall first give written
notice to the Owner of the property involved, specifying the defective
condition and stating that unless such defective condition is remedied,
the certificate may be revoked. If the defective condition is remedied,
the certificate shall not be revoked. Such conditions shall be corrected
within 30 days of notice to the Owner to correct it.
1004.1.
In any instance where the Zoning Hearing Board is required to consider a Special
Exception in accordance with the provisions of this Chapter,
the Board shall apply the following standards:
1004.1.1.
The Board shall determine that the proposed Special Exception
will not substantially injure or detract from the Use of neighboring
property or from the character of the neighborhood, and that the Use
of property adjacent to the area included in the proposed change or
plan is adequately safeguarded.
1004.1.2.
The Board shall determine that the proposed Special Exception
will serve the best interests of the Municipality, the convenience
of the community, and the public welfare.
1004.1.3.
The Board shall determine that the effect of the proposed Special
Exception will facilitate the logical, efficient, and economical extension
of Public Services and Facilities, such as Public water, sewers, police
and fire protection, and Public Schools.
1004.2.
In granting a Special Exception,
the Zoning Hearing Board may attach such reasonable
conditions and safeguards, in addition to those expressed in this
chapter as it may deem necessary to implement the purposes of this
zoning ordinance.
1004.3.
In appropriate cases, the Zoning Hearing
Board may, on application, permit as a Special Exception:
1004.3.1.
Temporary Buildings and Uses in connection with any Authorized
Use, for a period not to exceed one year, only where such Buildings
and Uses are purely incidental to the Use by Right.
1004.3.2.
Where conditions make it necessary, waive the requirements that
automobile Parking Space be provided on the same Lot with the Dwelling,
provided there is assurance of continued use of equivalent spaces
for parking on an adjacent or nearby Lot.
The Zoning Hearing Board shall have the authority,
in accordance with the procedures hereinafter established, to authorize Use, Area or other Variances within the Mt. Lebanon. The Variance procedure
is intended to provide a means by which relief may be granted only
when no other applicable remedy, pursuant to other provisions of this
Chapter, is available.
1005.1.
Use Variances. Use Variance shall mean the authorization by the Zoning Hearing Board for the use of land for a purpose that
is otherwise not allowed or is prohibited by the applicable zoning
regulations. A Use Variance is approved subject to
specific plans, terms, and conditions. Modification of such plans,
terms and conditions shall require approval by the Zoning
Hearing Board. The Zoning Hearing Board shall
have the authority to grant Use Variances to restore Structures damaged or destroyed or establish a use of greater intensity as outlined in §20-903.
1005.2.
Area Variances. Area Variance shall mean the authorization by the Zoning Hearing Board for the use of land in a manner that is not permitted by regulations
of this Chapter related to:
1005.2.1.
A dimension, such as size, height, and setbacks.
1005.2.2.
Physical requirements of this Chapter.
1005.2.3.
The expansion, structural Alteration or Enlargement of a legally existing Nonconforming Use as outlined in §20-903.
1005.2.4.
The waiver of the Additional Requirements for Specified Uses
for permitted Uses set forth in Part 6.
1005.2.5.
Any Design Standard.
1005.3.
Variance Criteria.
1005.3.1.
The Board shall hear requests for Variances where it is alleged
that the provisions of the zoning ordinance inflict unnecessary hardship
upon the Applicant. The Board may by rule prescribe the form of application
and may require preliminary application to the Zoning Officer. The Board may grant a Variance, provided that all of the following
findings are made.
1005.3.1.1.
That there are unique physical circumstances or conditions,
including irregularity, narrowness, or shallowness of Lot size or shape, or exceptional topographical or other physical conditions
peculiar to the particular property and that the unnecessary hardship
is due to such conditions and not the circumstances or conditions
generally created by the provisions of the zoning ordinance in the
neighborhood or district in which the property is located.
1005.3.1.2.
That because of such physical circumstances or conditions, there
is no possibility that the property can be developed in strict conformity
with the provisions of the zoning ordinance and that the authorization
of a Variance is therefore necessary to enable the
reasonable use of the property.
1005.3.1.3.
That such unnecessary hardship has not been created by the appellant.
1005.3.1.4.
That the Variance, if authorized, will not
alter the essential character of the neighborhood or district in which
the property is located, nor substantially or permanently impair the
appropriate use or development of adjacent property, nor be detrimental
to the public welfare.
1005.3.1.5.
That the Variance, if authorized, will represent
the minimum Variance that will afford relief and
will represent the least modification possible of the regulation in
issue.
1005.3.2.
In granting any Variance, the board may attach such reasonable
conditions and safeguards as it may deem necessary to implement the
purposes of this act and the zoning ordinance.
1005.4.
Procedure.
1005.4.1.
Hearings. In conducting hearings and issuing decisions, the Zoning Hearing Board shall follow the following procedures.
1005.4.1.1.
Public Notice shall be given and, at least
one week prior to the hearing, written notice shall be given to the Applicant, the Zoning Officer, record owners
of property located within 200 feet of the property which is the subject
of the hearing and to any person who has made timely request for the
same. In addition to the written notice provided herein, written notice
of said hearing shall be conspicuously posted on the affected tract
of land at least one week prior to the hearing.
1005.4.1.2.
The Commission may prescribe reasonable fees with respect to
hearings before the Zoning Hearing Board. Fees for
said hearings may include compensation for the secretary and members
of the Zoning Hearing Board, notice and advertising
costs and necessary administrative overhead connected with the hearing.
The costs, however, shall not include legal expenses of the Zoning Hearing Board.
1005.4.1.3.
The first hearing before the board or hearing officer shall
be commenced within 60 days from the date of receipt of the Applicant’s application unless the Applicant has agreed in writing to an extension of time.
Each subsequent hearing before the board or hearing officer shall
be held within 45 days of the prior hearing, unless otherwise agreed
to by the Applicant in writing or on the record.
An Applicant shall complete the presentation of his
case-in-chief within 100 days of the first hearing. Upon the request
of the Applicant, the board or hearing officer shall
assure that the Applicant receives at least seven
hours of hearings within the 100 days, including the first hearing.
Persons opposed to the application shall complete the presentation
of their opposition to the application within 100 days of the first
hearing held after the completion of the Applicant’s case-in-chief. An Applicant may, upon request, be granted additional hearings to complete his
case-in-chief provided the persons opposed to the application are
granted an equal number of additional hearings. Persons opposed to
the application may, upon the written consent or consent on the record
by the Applicant and Municipality, be granted additional hearings to complete their opposition to
the application provided the Applicant is granted
an equal number of additional hearings for rebuttal.
1005.4.1.4.
The hearings shall be conducted by the board or the board may
appoint any member or an independent attorney as a hearing officer.
The decision, or, where no decision is called for, the findings shall
be made by the board; however, the appellant or the Applicant, as the case may be, in addition to the Municipality, may, prior to the decision of the hearing, waive decision or findings
by the board and accept the decision or findings of the hearing officer
as final.
1005.4.1.5.
The parties to the hearing shall be the Municipality, any person affected by the application who has made timely appearance
of record before the board, and any other person including civic or
community organizations permitted to appear by the board. The board
shall have power to require that all persons who wish to be considered
parties enter appearances in writing on forms provided by the board
for that purpose.
1005.4.1.6.
The chairman or acting chairman of the board or the hearing
officer presiding shall have power to administer oaths and issue subpoenas
to compel the attendance of witnesses and the production of relevant
documents and papers, including witnesses and documents requested
by the parties.
1005.4.1.7.
The parties shall have the right to be represented by counsel
and shall be afforded the opportunity to respond and present evidence
and argument and cross-examine adverse witnesses on all relevant issues.
1005.4.1.8.
Formal rules of evidence shall not apply, but irrelevant, immaterial,
or unduly repetitious evidence may be excluded.
1005.4.1.9.
The board or the hearing officer, as the case may be, shall
keep a stenographic record of the proceedings. The appearance fee
for a stenographer shall be shared equally by the Applicant and the board. The cost of the original transcript shall be paid
by the board if the transcript is ordered by the board or hearing
officer or shall be paid by the person appealing from the decision
of the board if such appeal is made, and in either event the cost
of additional copies shall be paid by the person requesting such copy
or copies. In other cases, the party requesting the original transcript
shall bear the cost thereof.
1005.4.1.10.
The board or the hearing officer shall not communicate, directly
or indirectly, with any party or his representatives in connection
with any issue involved except upon notice and opportunity for all
parties to participate, shall not take notice of any communication,
reports, staff memoranda, or other materials, except advice from their
solicitor, unless the parties are afforded an opportunity to contest
the material so noticed and shall not inspect the site or its surroundings
after the commencement of hearings with any party or his representative
unless all parties are given an opportunity to be present.
1005.4.1.11.
The board or the hearing officer, as the case may be, shall
render a written decision or, when no decision is called for, make
written findings on the application within 45 days after the last
hearing before the board or hearing officer. Where the application
is contested or denied, each decision shall be accompanied by findings
of fact and conclusions based thereon together with the reasons thereof.
Conclusions based on any provisions of the Municipal Planning Code
or of any ordinance, rule or regulation shall contain a reference
to the provision relied on and the reasons why the conclusion is deemed
appropriate in the light of the facts found. If the hearing is conducted
by a hearing officer and there has been no stipulation that his decision
or findings are final, the board shall make his report and recommendations
available to the parties within 45 days and the parties shall be entitled
to make written representations thereon to the board prior to final
decision or entry of findings, and the board’s decision shall
be entered no later than 30 days after the report of the hearing officer.
Except for challenges filed under §916.1 of the Municipal Planning
Code where the board fails to render the decision within the period
required by this Subsection or fails to commence, conduct, or complete
the required hearing as provided in §1005.4.1.3, the decision
shall be deemed to have been rendered in favor of the Applicant unless the Applicant has agreed in writing or on
the record to an extension of time. When a decision has been rendered
in favor of the Applicant because of the failure
of the board to meet or render a decision as hereinabove provided,
the board shall give Public Notice of said decision
within 10 days from the last day it could have met to render a decision
in the same manner as provided in §1005.4.1.1. If the board shall
fail to provide such notice, the Applicant may do
so. Nothing in this Subsection shall prejudice the right of any party
opposing the application to appeal the decision to a court of competent
jurisdiction.
1005.4.1.12.
A copy of the final decision or, where no decision is called
for, of the findings shall be delivered to the Applicant personally or mailed to him not later than the day following its
date. To all other persons who have filed their name and address with
the board not later than the last day of the hearing, the board shall
provide by mail or otherwise, brief notice of the decision or findings
and a statement of the place at which the full decision or findings
may be examined.
1005.4.2.
Mediation Option.
1005.4.2.1.
Parties to proceedings may utilize mediation as an aid in completing
such proceedings. In proceedings before the Zoning Hearing
Board, in no case shall the Zoning Hearing Board initiate mediation or participate as a mediating party. Mediation
shall supplement, not replace, those procedures in this Section once
they have been formally initiated. Nothing in this section shall be
interpreted as expanding or limiting municipal police powers or as
modifying any principles of substantive law.
1005.4.2.2.
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. Any Municipality offering the mediation option shall assure that, in each case, the
mediating parties, assisted by the mediator as appropriate, develop
terms and conditions for:
1005.4.2.2.1.
Funding mediation.
1005.4.2.2.2.
Selecting a mediator who, at a minimum,
shall have a working knowledge of municipal zoning and Subdivision procedures and demonstrated skills in mediation.
1005.4.2.2.3.
Completing mediation, including time
limits for such completion.
1005.4.2.2.4.
Suspending time limits otherwise authorized
in this act, provided there is written consent by the mediating parties,
and by an Applicant or municipal decision-making
body if either is not a party to the mediation.
1005.4.2.2.5.
Identifying all parties and affording
them the opportunity to participate.
1005.4.2.2.6.
Subject to legal restraints, determining
whether some or all of the mediation sessions shall be open or closed
to the public.
1005.4.2.2.7.
Assuring that mediated solutions are
in writing and signed by the parties and become subject to review
and approval by the appropriate decision-making body pursuant to the
authorized procedures set forth in the other sections of this act.
1005.4.2.3.
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.
1006.1.
It is the intent of this section
to allow optional public notice of action by the Municipality in order
to provide an opportunity to challenge, as authorized by the Municipalities
Planning Code, as amended, the validity of an ordinance or decision
on the basis that a defect in procedure resulted in a deprivation
of constitutional rights, and to establish a period of time for raising
such challenges.
1006.2.
Notice that action by the Municipality has been taken
to adopt an ordinance or enter a decision may be provided through
publication, at any time, once each week for two successive weeks
in a newspaper of general circulation in the Municipality by the following:
1006.3.
Each notice shall contain the following.
1006.3.1.
If the notice relates to an ordinance:
1006.3.1.1.
The Municipality’s ordinance number;
1006.3.1.2.
A brief statement of the general content of the ordinance;
1006.3.1.3.
The address of the municipal building where the full text of
the ordinance may be reviewed by members of the public.
1006.3.2.
If the notice relates to a decision:
1006.3.2.1.
The name of the applicant or the owner of the subject property;
1006.3.2.2.
The street address or the location of the subject property;
1006.3.2.3.
The file number or docket number of the decision;
1006.3.2.4.
A brief description of the nature of the decision;
1006.3.2.5.
The date upon which the decision was issued; and
1006.3.2.6.
The address of the municipal building where the full text of
the decision may be reviewed by members of the public.
1006.3.3.
In addition to the requirements of §§1006.3.1 and
1006.3.2, the publication of each notice authorized by this section
shall contain a statement that the publication is intended to provide
notification of an ordinance or decision and that any person claiming
a right to challenge the validity of the ordinance or decision must
bring a legal action within 30 days of the publication of the second
notice.
1006.3.4.
The person providing notice as authorized by this section shall
provide proof of publication to the Municipality adopting the ordinance
or decision for retention with municipal records. Failure to comply
with this section shall not invalidate any notice provided in accordance
with this section or the applicability of the period of limitation
in §1006.4 below.
1006.4.
In order to provide certainty of the validity of
an ordinance or decision, any appeal or action contesting the validity
of an ordinance based on a procedural defect in the process of enactment
or the validity of a decision based on a procedural or substantive
defect shall be dismissed, with prejudice, as untimely if not filed
within the 30th day following the second
publication of the notice authorized in this section.
1006.5.
Any appeal or action filed within the thirty-day
period referred to in §1006.4 shall be taken to the court of
common pleas and shall be conducted in accordance with applicable
provisions of the Municipalities Planning Code, as amended.
1006.6.
Where no appeal or action contesting the procedural
validity of an ordinance or the procedural or substantive validity
of a decision is filed within the period set forth in §1006.4,
the ordinance or decision shall be deemed to be reaffirmed and reissued
on the date of the second publication of the optional notice permitted
under this section.
Any variance, special exception or conditional use granted under
this chapter will automatically lapse without notice if not used for
12 consecutive months.
