[Ord. No. 1540, 6-26-2023]
Hereafter, except as provided in these Subdivision and Land Development Regulations, no plan of any Subdivision or land development shall be approved by the Council except in accordance with the procedures outlined in these regulations. The layout or arrangement of the Subdivision or land development shall conform to the Comprehensive Plan and to any regulations or maps adopted in furtherance thereof.
[Ord. No. 1540, 6-26-2023]
(A) 
Purpose. Before submitting a formal application, the Applicant shall have a Preapplication meeting with the Zoning Officer to introduce the proposed project to the Town. During this meeting, Town staff will provide guidance and assist the developer in understanding Town regulations and determining the application's feasibility, suitability, and timing. A site plan, as noted in § 1103.140(B), of the development proposal should be produced for discussion purposes only but will not be binding. The intent of this step is for the developer to obtain information and guidance from the Town before entering into any commitments or incurring substantial expenses regarding the site and the plan preparation. All Preapplication meetings shall be scheduled by the Town.
(B) 
Relationship to Formal Review Process. A Preapplication meeting with Town staff and/or with the Planning Commission shall not be deemed the beginning of the time period for review as prescribed by law. The Preapplication conferences are intended to be advisory only and shall not bind the Town to approve any application for development.
(C) 
Preapplication Review Fee. A fee may be required for Preapplication review for projects of sufficient size or impact that require technical review by staff, the Town Engineer and other professional expertise as deemed necessary by the Town. The Town Council may set fees by resolution.
[Ord. No. 1540, 6-26-2023]
(A) 
To cover the costs of receiving and reviewing plans, processing the application and other expenses, the Applicant shall pay a filing fee at the time of application based on the current Town resolution establishing such fees.
(B) 
No application for Preliminary or Final Plan approval shall be filed and processed until the fees and/or escrow deposit, as set forth below, shall have been paid.
(C) 
Upon submission of the plan, the Applicant shall also be required to make a cash escrow deposit according to the current Town resolution establishing such escrow to cover costs incidental to the review of all plans and planning documents by Town officials and such qualified consultants they may employ. A minimum amount of funds shall be maintained in the escrow account until final acceptance by the Town of the as-built drawings.
(D) 
All work done by the Town's agents or consultants in connection with the plat or land Development Plan, either in the field or office, shall be charged to the escrow deposit. If during the progress of work it appears the costs will reduce the escrow amount below the minimum required, the Town shall notify the Applicant who shall deposit funds to the minimum required by the Town. Work on the plan or plat shall cease until the escrow account is sufficiently funded.
[Ord. No. 1540, 6-26-2023]
(A) 
All applications for Subdivision and/or land development shall be classified as a Preliminary Plan, Final Plan, Minor Plans, or Major Plans as further regulated herein. Figure 1103.A graphically presents the general plan processing procedure. In most cases, development proposals may be submitted as concurrent, Preliminary and Final Plans. The proper processing and procedure will be determined during the Preapplication meeting.
Figure 1103.A
Subdivision and Land Development Review Process (SALDO)
1103 Figure 1103.A SALDO Review Process.tif
(B) 
Site Plans. As part of the Preapplication meeting, the Applicant shall submit a Site Plan.
(C) 
Minor Plans. Applications that qualify as Minor Plan may be submitted for Final Plan processing and approval, in accordance with the standards and requirements of § 1103.210, Minor Plan Submission Requirements and Review Procedure.
(D) 
Major Land Development and Subdivisions. Projects that are sufficient in size or are proposed as multiple phases shall be reviewed according to a two-step process. After a Preapplication meeting is held and the Town determines that a project has met the definition of a Major Land Development or Subdivision, the application will be reviewed and approved according to the Preliminary Plan process before moving on to Final Plan process review and approval.
(E) 
Preliminary Plans. A Preliminary Plan is required to be filed for all proposals for Major Land Developments and Subdivisions in accordance with the requirements of § 1103.160, Preliminary Plan Requirements and § 1103.170, Preliminary Plan Review Procedure.
(F) 
Final Plans. A Final Plan is required to be filed and recorded for all proposals for Major Land Development and Subdivisions in accordance with the requirements of § 1103.180, Final Plan Requirements, and § 1103.190, Final Plan Review Procedure, and § 1103.200, Recording of Final Plan.
[Ord. No. 1540, 6-26-2023]
(A) 
Purpose. The purposes served by a Site Plan are as follows:
1. 
To inform the Town of an Applicant's intent to subdivide and/or develop a property, and graphically show the concepts and extent of the proposal.
2. 
To allow the Town to provide nonlegally binding advice and guidance to an Applicant during a preapplication meeting.
3. 
To show how a tract of land may be further subdivided or developed in cases where only a portion of a property is currently under an active proposal.
a. 
The Site Plan should include sufficient information to clearly indicate the character and extent of the proposed Subdivision or land development and its relationship to existing conditions and facilities within the area in which it is to be located.
4. 
Site Plans shall have no legal standing regarding the formal plan approval process mandated by the MPC but are recommended and will be considered as a tool for discussion and guidance regarding future development issues.
5. 
The Applicant shall determine the accessibility of public sewerage and public water to the development site.
6. 
The Applicant shall also determine if the site is located in an identified flood hazard area, in which case applicable floodplain management requirements shall be complied with.
(B) 
Site Plan Information. A Site Plan submission should be clearly marked "Site Plan" and drawn legibly to a scale of 1:50 or greater. The plan need not be a precisely Surveyed or engineered plan, and it should show the following information:
1. 
The entire tract boundary, total acreage, and acreage of each lot.
2. 
Existing and proposed Streets, Easements, lots and lot arrangement, existing and proposed Buildings, approximate Building envelopes and other improvements, and utilities.
3. 
Contour lines at two-foot intervals, based on U.S.G.S. datum.
4. 
Physical, and man-made features, including fields, pastures, meadows, and wooded areas; trees, hedgerows, and other significant vegetation; steep slopes (over 25%); rock outcrops; ponds, ditches, and drains; dumps and storage tanks; streams within 200 feet of the tract and associated floodplains, and man-made features, such as structures, foundations, walls, wells, trails, and abandoned roads.
5. 
Locations for stormwater control facilities, if necessary.
6. 
Location plan showing the relationship of the subject tract to the surrounding road network and major physical features.
7. 
North point and scale.
8. 
Name and address of the Owner.
9. 
Zoning district information.
10. 
Name and address of the engineer, Surveyor, or architect, if applicable.
11. 
Any additional information which the Applicant believes will help explain the proposal.
[Ord. No. 1540, 6-26-2023]
The Town Zoning Officer, and in some cases the Town Planning Commission, shall review the Site Plan in accordance with the criteria contained in this Part and with other applicable regulations. The Zoning Officer and/or the Planning Commission shall discuss the plan with the Applicant and advise them as promptly as possible of the extent to which the proposed Subdivision or land development conforms to the Town of McCandless Comprehensive Plan, and relevant standards of this Chapter, and will discuss possible plan modifications that would increase its degree of conformity.
[Ord. No. 1540, 6-26-2023]
(A) 
General. This Section contains the requirements for Preliminary Plans for Subdivisions and/or land developments in terms of Drafting Standards, Basic Information, Existing Features, and Proposed Features.
(B) 
Three large-scale paper copies, 10 reduced-scale copies (11 inches by 17 inches), and one electronic (PDF) copy of the Preliminary Plan shall be filed with the Zoning Officer or designee at the Town Office during normal business hours.
(C) 
Drafting Standards. Plans shall be professionally prepared in compliance with the following:
1. 
The plan shall be drawn to a standard engineering scale not exceeding 50 feet to the inch.
2. 
Sheet size shall be or 24 inches by 36 inches, appropriately related to the scale of the drawing.
3. 
All sheets shall be the same size and shall be numbered relative to the total number of sheets (i.e., 1 of 5, etc.)
4. 
Where two or more sheets are needed to show the entire tract, a reduced-scale key plan shall be provided to show how the sheets fit together. Match lines shall be shown.
5. 
A reduced-scale plan of the entire site at a scale greater than 100 feet to one inch (1:100) may be required in cases where it would facilitate the review and approval process. Applicants are encouraged to submit such plans in cases where they are not required.
6. 
Surveys shall be performed by a licensed Pennsylvania Surveyor and include dimensions shown in feet and decimal fractions thereof, and bearings shown in degrees, minutes, and seconds.
7. 
Tract boundary lines shall be the heaviest property lines.
8. 
Proposed lot lines shall be the next heaviest.
9. 
Possible future lots, if shown, shall be the lightest line weight, and may be shown as dashed lines.
10. 
Property lines to be eliminated where two or more lots are proposed to be joined in common deed should be properly noted and depicted on the boundary to be removed.
(D) 
Basic Information. All Preliminary Plans shall show the following basic information:
1. 
Name of the Subdivision or land development.
2. 
Location of Plan "Town of McCandless, Allegheny County" in title block.
3. 
Name, address, email, and phone number of Applicant.
4. 
Name, address, email, and phone number of the firm that prepared the plan and professional seal of the individual certifying its accuracy and compliance with applicable standards.
5. 
Date of preparation of the plan, a descriptive list of revisions to the plan, and the revision dates.
6. 
North point and scale displayed in graphic and written form.
7. 
Location plan showing the relationship of the subject tract to the surrounding road network, adjacent properties, and major physical features.
8. 
The entire tract boundary with bearings and distances and total tract acreage.
9. 
A list of the basic dimensional and density requirements of the applicable zoning district, compared to the Applicant's proposal.
10. 
Zoning classification(s) of all lands abutting the proposal.
11. 
Names of all current Owners of immediately adjacent lands, tax parcel numbers, and deed and book or instrument numbers.
12. 
A statement showing:
a. 
Number of acres under proposal.
b. 
Number of lots and/or dwelling units and total Building area. If existing Buildings are to be reused, the Building area should be expressed as existing Building area and additional Building area.
13. 
Description of approved variances or special exceptions, conditions of their approval, and the dates they were granted, if any.
14. 
Description of any deed restrictions, including conservation and environmental, or other covenants affecting development of the tract. This information should contain the name of the Easement holder or parties in the covenant agreement and a reference to their deed and page book recording location.
15. 
The requirements of any other local ordinance which may affect the proposal.
16. 
The legend shall be sufficient to indicate clearly between existing and proposed conditions.
17. 
Name, address, and phone number of the Owner of record if different from the Applicant.
18. 
Tax parcel number(s) of all parcels being subdivided or developed.
19. 
Deed book and page numbers (or instrument numbers) for all parcels being subdivided or developed.
20. 
A note shall be shown on the plan which states "Preliminary Plan - Not to be Recorded."
21. 
Dimensions shall be displayed in feet and decimal parts thereof, and bearings in degrees, minutes, and seconds.
22. 
The plan shall bear an adequate legend to indicate clearly both the existing and proposed features and include a description of all symbols used.
(E) 
Existing Features Plan. Within the tract proposed for Subdivision and/or land development, and within 200 feet of the tract boundaries, the following information shall be shown on the Preliminary Plan:
1. 
Streets bordering or crossing the tract, including:
a. 
Locations.
b. 
Names.
c. 
Rights-of-way.
(1) 
Legal.
(2) 
Ultimate.
d. 
Cartway widths.
e. 
Surface conditions.
f. 
Location of curbs and Sidewalks.
2. 
Water resources, including:
a. 
Lakes and ponds.
b. 
Wetlands, swamps, or marshes.
c. 
Watercourses and springs.
d. 
Existing well locations: in use, capped, and abandoned.
e. 
Flood-prone or floodplain areas including data from FEMA Studies, supporting hydrologic and hydraulic data for the one-percent chance of flood limits, or Allegheny County Soil Survey when applicable, as determined appropriate by the Town Engineer for the watercourse(s) affecting the site.
3. 
Sanitary Sewers, including:
a. 
Pipe locations.
b. 
Pipe sizes and materials.
c. 
Direction of flow.
d. 
Gradient of flow.
e. 
Manholes.
f. 
Invert Elevations.
g. 
Septic systems and drain fields.
4. 
Storm sewers, including:
a. 
Pipe locations.
b. 
Pipe sizes and materials.
c. 
Direction of flow.
d. 
Gradient of flow.
e. 
Inlets, catch basins, and manholes.
f. 
Invert elevations.
5. 
Other existing stormwater and/or erosion control facilities, including:
a. 
Basins.
b. 
Swales.
c. 
Diffusion devices.
d. 
Velocity controls.
e. 
Related technical data for those facilities.
6. 
Other natural features, including:
a. 
Location, size, species, and condition of trees six inches in diameter (dbh) or greater, when standing alone or in small groups.
b. 
Outer limits of woodlands and a general description of their types, sizes, and conditions.
c. 
Locations and limits of geologic features which may affect the locations of proposed Streets or Buildings, including:
(1) 
Rock outcroppings.
(2) 
Quarries.
(3) 
Sink holes.
(4) 
Ravines.
7. 
Soil types, including:
a. 
Mapped limits.
b. 
Names.
c. 
Significant limitations, such as high water table or shallow bedrock.
8. 
Contour information including:
a. 
Contours at a vertical interval of two feet, accurately drawn from photogrammetric or on-site Survey data.
b. 
Areas with slopes of 25% or greater should be adequately depicted, as determined from the contours shown on the plan.
9. 
Other man-made features, including:
a. 
Location, size, character, and configuration of existing Buildings or structures, Driveways, parking lots or any type of paved surface, labeled "To Remain" or "To Be Removed" as applicable.
b. 
Existing oil or gas well locations: in use, capped, and abandoned.
c. 
Location and description of existing Buildings and other structures less than 100 feet beyond the tract boundaries.
d. 
Location, type, and ownership of utilities, both above and below ground, with notes to describe:
(1) 
Easement or Right-Of-Way dimensions.
(2) 
Additional setback or development restrictions imposed by the utility company or other regulations.
(3) 
Specific type of product transported with pipelines.
(F) 
Proposed Features and Plot Plan. Within the tract proposed for Subdivision and/or land development, the following information shall be shown on the Preliminary Plan:
1. 
Subdivision and/or Land Development Layout.
a. 
Proposed Streets, alleys, Driveways, and parking areas, including:
(1) 
Names or other identification.
(2) 
Right-Of-Way widths and lines.
(3) 
Cartway widths.
(4) 
Center-line courses, distances, and curve data.
(5) 
Curblines.
(6) 
Radii at intersections.
(7) 
Street location tie-ins to nearest intersection by courses and distances.
(8) 
Capacity of parking areas.
(9) 
Sight distance at proposed intersections with existing Streets.
(10) 
Location and type of all traffic control signs, signals, and devices proposed to be installed.
(11) 
Rights-of-way or Easements proposed for drainage.
(12) 
Plan of Streetlighting indicating location and type of fixtures to be installed.
b. 
Layout and dimensions of all lots.
c. 
All Building setback lines (including existing Buildings to be used).
d. 
All parking setback lines where applicable.
e. 
Proposed Sidewalk or other walkway locations.
f. 
Proposed Buildings, including:
(1) 
Locations.
(2) 
Configurations.
(3) 
Sizes (ground level floor area, total floor area, number of stories, and height).
(4) 
Total Building coverage (square feet and percentage of site).
(5) 
Locations, configuration, and types of accessory structures.
(6) 
Ground floor elevations.
g. 
Common use areas, including:
(1) 
Open Space Areas.
(a) 
Locations.
(b) 
Configurations.
(c) 
Size.
(d) 
Use and management of common area.
(e) 
Proposed ownership of common area.
2. 
Recreation Facilities.
a. 
Locations, configuration, and size.
b. 
Types of facilities.
c. 
Proposed ownership.
3. 
Parking, Driveway, or road areas when privately owned for common use.
4. 
Walkways or pathways.
5. 
Notes regarding offers of dedication or retention in private ownership, as applicable.
6. 
Areas reserved for future uses, including:
a. 
Road extensions.
b. 
Stormwater management facilities.
c. 
Additional Subdivision or land development in concept form, in accordance with the requirements of § 1103.140, Site Plan Submission Requirements, and in accordance with the intent of § 1103.150, Site Plan Review Procedure.
7. 
Explanatory notes for such future uses.
8. 
Impervious Coverage Area Calculations.
9. 
Proposed Landscaping Plan, including:
a. 
Existing vegetation to be removed.
b. 
Existing vegetation to be preserved.
c. 
A plan of proposed plantings showing the locations of Street trees, parking lot landscaping, stormwater facilities landscaping, and any required Buffer areas.
d. 
Proposed planting schedule, including the number, location, and species and sizes of plantings.
e. 
Existing and proposed contours, including related landscape features, such as mounding and water features.
f. 
Other planting areas, such as a managed meadow or other naturalized settings.
10. 
Outdoor Lighting Plan. Proposed fixtures, roadways, parking lots, and other public areas.
a. 
A detailed ten-foot grid showing the horizontal maintained footcandle levels at grade, to the boundary of the site or past the boundary until the illumination values reach 0.0 footcandles.
b. 
The minimum, average, and maximum maintained illumination levels for the areas being illuminated to demonstrate compliance with lighting requirements in the Town.
c. 
Description of existing and proposed equipment including:
(1) 
The mounted height from the lowest point of the fixture to the finished grade.
(2) 
Fixture mounting equipment.
(3) 
Light shielding angle and device for shielding.
(4) 
Pole height and type of material.
11. 
Grading and Drainage Plan. The following information shall be shown on the Preliminary Plan:
a. 
Proposed contours for the entire site.
b. 
Approximate limits of site disturbance, including a clear delineation of existing vegetation, including trees, hedge rows, wooded areas, scrub growth, meadow, and actively farmed land:
(1) 
To be removed.
(2) 
To be preserved, including method of preservation.
c. 
Stormwater management and erosion control and sedimentation facilities, including:
(1) 
Basins.
(2) 
Swales.
(3) 
Diffusion devices.
(4) 
Velocity controls.
(5) 
Pipe locations.
(6) 
Pipe sizes and materials.
(7) 
Direction of flow.
(8) 
Gradient of flow.
(9) 
Inlets, catch basins, and manholes including rim and invert elevations.
(10) 
Invert elevations.
(11) 
Design calculations for these facilities shall be submitted in report form with a note on the plan referencing the report.
12. 
Infrastructure Plan.
a. 
Sanitary Sewer Line Locations, as approved by MTSA.
(1) 
Pipe sizes and materials.
(2) 
Direction of flow.
(3) 
Gradient of flow.
(4) 
Manholes.
(5) 
Invert and rim elevations.
b. 
Other elements, such as oil and gas lines and facilities.
c. 
Water supply facilities, as approved by WVWA including:
(1) 
Central water supply lines.
(2) 
Pipe sizes and materials.
(3) 
Fire hydrant locations.
(4) 
Well locations when on lot, including the 100-foot radius clear zone separating wells from sewage disposal locations.
d. 
Finished floor elevations of proposed Buildings.
13. 
Cross Sections, Profiles, and Preliminary Structural Designs.
a. 
Cross section and center-line profile for each proposed or widened Cartway, Driveway, or parking area shown on the Preliminary Plan including:
(1) 
Road center-line grades and vertical curvature, including road center-line elevations shown at horizontal intervals of 25 feet along vertical curves and 50 feet for straight grades.
(2) 
Profiles for sanitary sewers, water mains, storm drains, including locations of manholes, inlets, and catch basins.
(a) 
Location, size, and type of line with stations.
(b) 
Slope between manholes or inlets.
(c) 
Location of laterals or water services, including fire hydrants, valves, tees, and fittings.
(d) 
Existing ground surface with elevation of rim/grate and invert elevations.
(e) 
Location, size, depth, and type of material of all other utilities in the vicinity of the pipe.
(3) 
Vertical curve data, including length, elevations, and stations at the beginning and ending of the vertical curve, including high points and low points, elevations at fifty-foot intervals and minimum site difference.
(4) 
Preliminary design of any bridges, culverts, or other structures and appurtenances which may be required.
b. 
Cross section (Streets).
(1) 
Right-of-way and Cartway width.
(2) 
Type, thickness, and crown of paving.
(3) 
Type and size of curb.
(4) 
Grading of Sidewalk area.
(5) 
Location, width, type, and thickness of Sidewalks.
(6) 
Grading of stormwater swale adjacent to Cartway.
(7) 
Typical location of sewers and utilities, Street trees, Streetlights, and other improvements along roads.
14. 
Supporting information.
a. 
A new development schedule, including the approximate date when the construction is expected to begin and be completed.
b. 
A copy of all restrictions or covenants if any under which lots are to be sold.
c. 
Copy of the last recorded Subdivision or land Development Plan pertaining to the site.
d. 
Traffic Impact Study, per § 1104.200, if applicable.
e. 
A plan for the ownership, maintenance, and management of open space areas.
f. 
Reports or letters regarding availability of sewer and water facilities.
g. 
Copies of letters and permit applications to all reviewing agencies.
h. 
Stormwater calculations and reports.
i. 
Wetlands delineation study, if applicable.
j. 
Geotechnical reports, if applicable.
15. 
Additional Plans. Other plans as required to comply with this Part or other applicable provisions specified by the Town Municipal Code.
[Ord. No. 1540, 6-26-2023]
(A) 
Preliminary Plans can be submitted to the Zoning Officer on any business day. However, Preliminary Plans shall be submitted 30 calendar days prior a regularly scheduled business meeting of the Planning Commission to be placed on the agenda for a formal review. The Applicant shall submit the following items:
1. 
Three large-scale (24 inches by 36 inches) copies of the Preliminary Plan of the proposed Subdivision or land development.
2. 
Ten reduced-scale copies (ledger size) of the Preliminary Plan of the proposed Subdivision or land development.
3. 
One electronic PDF copy of the Preliminary Plan of the proposed Subdivision or land development.
4. 
Two copies of the Sewage Plan Revision Module.
5. 
Two copies of any technical reports or narratives, as outlined in the part.
6. 
Filing fees and escrows as required by the Town Fee Schedule.
(B) 
Initial application. The Zoning Officer will have 10 business days from the date of submission of an application to conduct a cursory review of the plans and documents to determine if, on their face, they are in proper form and contain all information required by this Part. If defective, the application may be returned to the Applicant with a statement of rejection, within the ten-business-day period; otherwise, it shall be deemed accepted for filing as of the date of submission. Acceptance for filing shall not, however, constitute a waiver of any deficiencies or irregularities.
(C) 
Amendments or corrections to an application. The Zoning Officer shall have 10 business days from the date of submission to examine an amended or corrected application filed to determine whether such amended or corrected application results in a substantial amendment to the plan or in the filing of a plan so changed as to be considered a new plan. If the Zoning Officer determines that the amended or corrected application constitutes a substantial amendment, they shall so inform the Applicant and shall inform the Applicant that the Town shall consider the ninety-day review procedure to have been restarted as of the date of the filing of the substantial amendment. If the Zoning Officer determines that the amended or corrected application constitutes a new plan, they shall so inform the Applicant and shall inform the Applicant that a new application and new fees are required.
(D) 
Official Filing Date. The official filing date for all applications for development shall be the date of the regular Planning Commission meeting next following the date the application has been deemed complete, including payment of the applicable filing fee, provided that should the said next regular meeting occur more than 30 days following the filing of the application for development, the official filing date shall be the 30th day following the day the complete application for development is filed.
(E) 
Distribution.
1. 
The Zoning Officer shall distribute copies of the Preliminary Plan application to the following for review and recommendations:
a. 
Town Planning Commission.
b. 
Town Council liaison.
c. 
Allegheny County Department of Economic Development.
d. 
Other Town boards and committees as deemed necessary.
e. 
McCandless Town Sanitary Authority.
2. 
The Applicant has the responsibility to distribute plans to outside review and regulatory agencies for required approvals (e.g., PennDOT, Allegheny County Conservation District, PADEP, etc.). Adjacent municipalities shall be sent copies of the plans when the project is located within one mile of the municipal line and is subject to a traffic study.
(F) 
Preliminary Plan Review Process. The Town will review the Preliminary Plan to determine its conformance with the standards contained in this Part, as well as other applicable ordinances. All review comments shall cite the provision of the ordinance or regulation that is relied upon or be specifically designated as a recommendation. The review shall conclude with a recommendation to the Planning Commission for plan approval, disapproval or such changes and modifications as it deems necessary as a condition of approval.
(G) 
Planning Commission Review.
1. 
Failure to submit the plans prior to the deadline described above shall result in the plan being removed from the Planning Commission's agenda for the subject month and placed instead on the Planning Commission's agenda for the following month.
2. 
Failure to address staff comments received after staff review may be grounds for a negative recommendation by the Planning Commission, or the plan being tabled until such comments are addressed.
3. 
Attendance at the Planning Commission meeting by the Applicant or authorized agent is mandatory to provide a presentation of the proposed plan utilizing paper display maps or digital projected images, answer technical questions, and establish the acceptance of any possible recommended conditions of approval. If there exists uncertainty of the acceptance of conditions of approval, the plan may be recommended for disapproval.
(H) 
Town Council Decision.
1. 
The Town Council shall have a ninety-calendar-day period to act on the plan unless the Applicant has agreed in writing to an extension of the time period.
2. 
The ninety-day period shall be measured from the date of the next regularly scheduled Town Planning Commission meeting following the Official Filing Date.
3. 
If an extension of the ninety-day time period is applied, it shall be measured from the expiration of the original ninety-day period. A time extension shall postpone the deadline and effects of the ninety-day period for the additional number of days agreed to in writing prior to the last scheduled Town Council meeting within the ninety-day plan review period.
4. 
The Town Council shall consider the Preliminary Plan application at one or more of its public meetings during the ninety-day period, and/or extension thereof if applicable, and shall render a decision on the plan following receipt of the recommendations of the Town Planning Commission, Allegheny County Department of Economic Development, and/or other technical advisors as requested.
5. 
Provided that, in accordance with the MPC, the Town Council shall not approve an application until the Allegheny County Department of Economic Development (ACED) report of its recommendations is received, or until the expiration of 30 calendar days from the date the application was forwarded to the County.
6. 
Attendance at the Town Council meeting by the Applicant or authorized agent is mandatory to answer technical questions and establish the acceptance of any possible recommended conditions of approval. If there exists uncertainty of the acceptance of conditions of approval, the plan may be recommended for disapproval.
7. 
No plat which will require access to a highway under the jurisdiction of the Pennsylvania Department of Transportation (PennDOT) shall be finally approved unless the plat contains a notice that a highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law,"[1] before Driveway access to a State highway is permitted. The Department shall, within 60 days of the date of receipt of an application for a highway occupancy permit:
[1]
Editor's Note: See 36 P.S. § 670-420.
(I) 
Procedure Following the Town Council Decision. When the Town Council makes a decision on a Preliminary Plan, written notification of the decision shall be transmitted to the Applicant at the mailing address specified on their application not later than 15 days following the decision. Depending on the type of decision, one of the following procedures will be followed:
1. 
Denial. If the Town Council denies a Preliminary Plan, then the written notification to the Applicant shall specify the defects found in the application and describe the requirements which have not been met and shall cite the provisions of the statute or ordinance relied upon.
2. 
Approval. If the Town Council approves a Preliminary Plan, as filed by the Applicant, then the Applicant shall then submit a paper copy of the approved plan, with all applicable signatures from private parties, for Town seal and signature.
3. 
Approval Subject to Conditions. If the Town Council approves a Preliminary Plan conditioned upon the performance of any act or the obtaining of any other approval or permit by the Applicant, the Applicant shall be given the opportunity to accept or reject the conditions within 15 days from the date of the written notice to the Applicant. If the Applicant fails to either execute written acceptance of the conditions, or rejects the conditions, the approval of the plan shall be rescinded automatically without requiring further action of Town Council. Following submission of written agreement to the conditions specified by Town Council the Applicant shall submit one paper copy of the Preliminary Plan, which show compliance with the conditions, by plan revision or notation, for Town seal and signatures.
4. 
Failure of the Council to render a decision and communicate it to the Applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented unless the Applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect. (A sample Agreement to Extend the Time for Rendering and Communicating a Decision on Certain Preliminary and/or Final Subdivision and Land development plans is contained in Appendix C herein.[2]) An extension of time shall not be exceeded more than twice in one year from the original date of filing without a refiling fee of 50% of the first fee.
[2]
Editor's Note: Appendix C is included as an attachment to this article.
5. 
Approval of the Preliminary Plan.
a. 
Approval of the Preliminary Plan constitutes conditional approval of the proposed Subdivision or land development with respect to the general design, character, intensity, layout, and the approximate dimensions and other planned features including Streets and lots. Preliminary approval binds the developer to the general scheme of the plan as approved.
b. 
Approval of the Preliminary Plan does not constitute approval of the final plan, nor does it authorize recording of the Preliminary Plan to proceed with the construction of proposed improvements or the sale of any lots. However, such approval does authorize the developer to proceed with the preparation of the final plan.
c. 
Where a proposed Subdivision or land development is located in more than one municipality, the Council may defer action on the plan until approval from the adjacent municipality is granted.
(J) 
Effective Period of Approval. Approval will be effective for a period of five years from the date of plan approval in accordance with the MPC, unless extended in writing by the Town Council.
1. 
No subsequent change or amendment to this Part, the Town's Zoning Ordinance (Part 13), or other governing ordinance or plan shall be applied to affect adversely the right of the Applicant to commence and to complete any aspect of the approved development in accordance with the terms of approval within that five-year period.
2. 
In the case where Preliminary and Final Plan approval are concurrent, the five-year period shall be measured from the date of that concurrent approval.
3. 
In a case of a Preliminary Plan calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the Applicant with the Preliminary Plan delineating all proposed sections as well as deadlines within which applications for Final Plan approval of each section are intended to be filed.
a. 
Such schedule shall be updated annually by the Applicant on or before the anniversary of the Preliminary Plan approval, until Final Plan approval has been granted to the final section.
b. 
Any modification in the aforesaid schedule shall be subject to approval of the Town at its discretion.
c. 
Each section in any residential Subdivision or land development, except for the last section, shall contain a minimum of 25% of the total number of dwelling units as shown on the Preliminary Plan, unless a lesser percentage is approved by the Town Council in its discretion.
d. 
For any section or sections, beyond the initial section, in which the required improvements have not been Substantially Completed within the initial five-year period, no subsequent change or amendment in the zoning, Subdivision, or other governing ordinance or plan shall be applied to affect adversely the right of the Applicant to commence and to complete each subsequent section for an additional term of three years from the date of Final Plan approval of each section.
[Ord. No. 1540, 6-26-2023]
(A) 
General.
1. 
All Final Plans for Subdivisions and/or land developments shall consist of two basic parts, the Improvement Construction Plan, and the Record Plan, and shall comply with the requirements of this Section. Information on the Final Plans should reflect the approved Preliminary Plans and any conditions made in the approval of them.
2. 
The Final Plan shall incorporate all the changes and modifications required by the Town Council. Otherwise, it shall conform to the approved Preliminary Plan, and it may constitute only that portion of the approved Preliminary Plan that the Applicant proposes to record and develop at the time, provided that such portion conforms to all the requirements of this Part.
(B) 
Three large-scale paper copies, 10 half-scale copies, and one electronic (PDF) copy of the paper copies of the Final Plan shall be submitted to the Town Zoning Officer at the Town Office during normal Town business hours.
(C) 
Improvement Construction Plan.
1. 
Drafting Standards. The same standards shall be required for an Improvements Construction Plan as for a Preliminary Plan, except that the horizontal scale of the plan and profile shall not exceed 50 feet to the inch and the vertical scale of the plan shall be two feet, four feet or five feet to the inch, whichever is most appropriate.
2. 
Information to be Shown. The plan shall contain sufficient information needed for the construction of the proposed Streets, or any portion thereof, including all appurtenances, sewers, and utilities, as shown on the approved Preliminary Plan. This information shall include:
a. 
Horizontal Plan. The horizontal plan shall show details of the horizontal layout as follows:
(1) 
Information shown on the approved Preliminary Plan.
(2) 
The beginning and end of proposed immediate and future construction.
(3) 
Stations corresponding to those shown on the profiles.
(4) 
The curb elevation at tangent points of horizontal curves, at road or Alley intersections, and at the projected intersections of the curblines.
(5) 
The location and size of sanitary sewers and lateral connections and water mains with distances between manholes, gas, electric, other utility pipes, or conduits, and of storm drains, inlets, and manholes.
(6) 
The location, type, and size of curbs and all paving widths.
(7) 
The location of fire hydrants and Streetlights.
b. 
Profiles. The profiles shall show details as follows:
(1) 
Profiles and elevations of the ground along the center lines of proposed Streets.
(2) 
Profiles of sanitary sewers with a profile over the sewer of the existing and finished ground surface showing manhole locations beginning at the lowest manhole.
(3) 
Profiles of storm drains showing catch basins, inlet, and manhole locations, swales, ditches, or related features.
(4) 
Profiles of water mains.
c. 
Cross Sections. The cross section for each classification of Street shall comply with the Town's standards and specifications as minimum requirements. It shall show a typical cross section across the road with details of grading and construction as follows:
(1) 
The ultimate Right-Of-Way width and the location and width of the Cartway.
(2) 
The type, depth, and crown of paving.
(3) 
The type and size of curb.
(4) 
When Sidewalks are required, grading of the Sidewalk area should be carried to the full width of the ultimate Right-Of-Way.
(5) 
The location, width, type, and depth of Sidewalks, when required.
(6) 
The typical locations, size, and depths of sewers and utilities.
(7) 
Proposed grading to the ultimate Right-Of-Way line.
d. 
Construction Detail Drawings. Drawings in sufficient detail shall be provided for all site improvements.
e. 
Additional Information. The following additional information shall be submitted with the Final Plan.
(1) 
All required Local, State, and Federal Permits shall be submitted prior to final approval of the Plan.
(2) 
The following statements shall be required on the Final Plan:
(a) 
"The Approved Improvement Construction Plan, a copy of which may be inspected at the Town Office, has been made a part of the Approved Final Plan."
(b) 
"For access to a highway under the jurisdiction of PennDOT, a highway occupancy permit is required, pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428) known as the "State Highway Law."[1] Access to the State highway shall be only as authorized by the highway occupancy permit."
[1]
Editor's Note: See 36 P.S. 670-420.
(3) 
All engineering calculations which support the proposed improvements such as drainage calculations, sanitary facility design calculations, or structural calculations.
(4) 
Certification of inspection and satisfactory functioning of any on-lot sewage disposal system which will remain in use, in accord with current industry, PADEP, or Allegheny County Health Department standards.
(5) 
Developments utilizing public water or sewer facilities shall provide proof that those services will be provided.
(6) 
Sewage facilities plan approval from PADEP prior to final approval of the plans.
(7) 
Approval of the erosion and sediment control plan from the Allegheny County Conservation District.
(D) 
Record plan.
1. 
Drafting Standards. The same standards shall be required for a Record Plan as for a Preliminary Plan, and in addition, for recording purposes, the plans shall be placed on sheet sizes of 24 inches by 36 inches. All lettering and lines should be drawn to be legible if the plan is reduced to half size. A two-inch border on the left side of the plan should be free of information.
2. 
Information to be Shown. The plan, which includes all portions of an approved Preliminary Plan, shall also show:
a. 
Basic Information, as required for a Preliminary Plan stipulated under § 1103.160, Preliminary Plan Requirements.
b. 
Courses and distances sufficient for the legal description of all the lines shown on the plan. The error of closure shall not be greater than 1:5,000.
c. 
Names or identification of the following:
(1) 
Abutting Owners.
(2) 
All dimensional and technical descriptions of roads.
(3) 
Easements.
(4) 
Rights-of-way.
(5) 
Open space, recreation, and/or other common use areas.
(6) 
Other public improvements.
d. 
For land Development Plans, all additional information pertinent to the location and construction of site improvements, including Buildings, walks, parking, Driveways, and other related facilities.
e. 
Parcel identification number.
f. 
All lots deeded to the Right-Of-Way boundaries so that a single deed may be drawn to the appropriate body having jurisdiction for the dedication of Streets by the Applicant.
g. 
Evidence that the plans are in conformance with the Zoning Ordinance and other applicable Town ordinances and regulations. In any instance where such plans do not conform, evidence shall be presented that an exception, waiver, or variance has been officially authorized.
h. 
The location, material, and size of all existing and proposed monuments or pins with reference to them.
i. 
Building setback lines with distances from the ultimate Right-Of-Way line, and property lines.
j. 
Appropriate notes and conditions governing the use or development of the proposed property.
(E) 
Certifications. When approved, the Record Plan shall show:
1. 
The signature and seal of the registered Engineer and Surveyor certifying that the plan represents their work; that the monuments shown thereon exist as located; that the dimensional and geodetic details are correct and that the Survey has been prepared in accordance with the "Pennsylvania Engineer, Land Surveyor, and Geologists Registration Law," P.L. 913, No. 367.
2. 
The signature of the Applicant certifying ownership of the property and intent to record the plan.
3. 
The signature of the Town of McCandless Officials approving the Final Plan and the date of approval. (See Appendix D for Sample Certification and Dedicatory Blocks.[2])
a. 
Spaces shall be provided for the signatures of Town Council President and Secretary.
b. 
Spaces for the signatures of the Town of McCandless Planning Commission Chair and Secretary.
c. 
Spaces for the signature of the Town Engineer.
d. 
Space for the seals located at the bottom left corner of the plans. Seals are required for Town Council, Town Engineer.
[2]
Editor's Note: Appendix D is included as an attachment to this article.
4. 
A blank space or appropriate certification language shall be provided for the stamp and seal of the Allegheny County Department of Economic Development, Allegheny County Department of Real Estate, located along the bottom left corner of the plan.
[Ord. No. 1540, 6-26-2023]
(A) 
Final Plans shall be submitted 30 days prior to a regularly scheduled Planning Commission meeting to be placed on the agenda for a formal review. The Applicant shall submit the following items:
1. 
Three large-scale (24 inches by 36 inches) copies of the Final Plan of the proposed Subdivision or land development.
2. 
Ten reduced-scale copies (ledger size) of the Final Plan of the proposed Subdivision or land development.
3. 
One electronic PDF copy of the Final Plan of the proposed Subdivision or land development.
4. 
Two copies of the Sewage Plan Revision Module.
5. 
Two copies of any technical reports or narratives, as outlined in the Part.
6. 
Filing Fees and Escrows as required by the Town Fee Schedule.
(B) 
Initial Application. The Zoning Officer will have 10 business days from the date of submission of a Final Plan application to conduct a cursory review of the plans and documents to determine if, on their face, they are in proper form and contain all information required by this Part. If defective, the application may be returned to the Applicant with a statement of rejection, within the ten-business-day period; otherwise, it shall be deemed accepted for filing as of the date of submission. Acceptance for filing shall not, however, constitute a waiver of any deficiencies or irregularities.
(C) 
Amendments or Corrections to an Application. The Zoning Officer shall have 10 business days from the date of submission to examine an amended or corrected application filed to determine whether such amended or corrected application results in a substantial amendment to the Final Plan or in the filing of a plan so changed as to be considered a new plan. If the Zoning Officer determines that the amended or corrected application constitutes a substantial amendment, they shall so inform the Applicant and shall inform the Applicant that the Town shall consider the ninety-day review procedure to have been restarted as of the date of the filing of the substantial amendment. If the Zoning Officer determines that the amended or corrected application constitutes a new plan, they shall so inform the Applicant and shall inform the Applicant that a new application and new fees are required.
(D) 
Official Filing Date. The official filing date for all applications for development shall be the date of the regular Planning Commission meeting next following the date the complete application for development, including payment of the applicable filing fee, provided that should the said next regular meeting occur more than 30 days following the filing of the application for development, the official filing date shall be the 30th day following the day the complete application for development is filed.
(E) 
Distribution.
1. 
The Zoning Officer shall distribute copies of the Final Plan application to the following for review and recommendations:
a. 
Town Planning Commission.
b. 
Town Council.
c. 
Allegheny County Department of Economic Development (ACED), along with the required review fee and completed review request form.
d. 
Town Attorney, and other Towns boards and committees as deemed necessary.
2. 
The Applicant has the responsibility to distribute plans to outside review and regulatory agencies for required approvals (e.g., PennDOT, Allegheny County Conservation District, PADEP, etc.). Adjacent municipalities shall be sent copies of the plans when the project is located within one mile of the municipal boundary and is subject to a traffic study.
(F) 
Final Plan Review Process.
1. 
The Town will review the Final Plan to determine its conformance with the standards contained in this Part, as well as other applicable ordinances. All review comments shall cite the provision of the ordinance or regulation that is relied upon or be specifically designated as a recommendation. The review shall conclude with a recommendation to the Planning Commission for plan approval, disapproval or such changes and modifications as it deems necessary as a condition of approval.
2. 
Planning Commission Review.
a. 
Failure to submit the plans prior to the deadline described above shall result in the plan being removed from the Planning Commission's agenda for the subject month and placed instead on the Planning Commission's agenda for the following month.
b. 
Should the Applicant wish to delay consideration of the plan by the Planning Commission to allow for the completion of revisions, the Zoning Officer shall be notified by noon (12:00 p.m.) Eastern standard time on the Monday immediately preceding the Planning Commission meeting.
c. 
Should the Applicant wish to proceed to the Town Planning Commission meeting without making revisions in response to comments received in the Town Engineer's review letter, no resubmission of plans is necessary. It should be noted, however, that failure to address staff comments may be grounds for a negative recommendation by the Planning Commission, or the plan being tabled until such comments are addressed.
d. 
Attendance at the Planning Commission meeting by the Applicant or authorized agent is mandatory to provide a presentation of the proposed plan utilizing paper display maps or digital projected images, answer technical questions, and establish the acceptance of any possible recommended conditions of approval. If there exists uncertainty of the acceptance of conditions of approval, the plan may be recommended for disapproval.
(G) 
Town Council Decision.
1. 
In the case of a Final Plan that is reviewed separately from a previously approved Preliminary Plan, the Final Plan shall be approved by the Town Council when it is assured that:
a. 
The Final Plan conforms to the approved Preliminary Plan and any conditions made in the approval of it.
b. 
All engineering and other technical details have been resolved to the satisfaction of the Town Engineer and Zoning Officer, as evidenced by comment letters, and to the satisfaction of other technical advisors, when requested by Town Council.
c. 
A recommendation is received from the Planning Commission.
d. 
All financial security and legal agreements, including a development agreement, have been satisfactorily executed by Applicant and found acceptable by Town Council, under the advice of the Attorney.
e. 
The plan complies in all respects with applicable Town ordinances or that appropriate variances or waivers have been granted for features that do not comply.
f. 
All necessary permits and other plan approvals have been obtained from the applicable regulatory agencies, authorities, or departments.
2. 
The Town Council shall have a ninety-calendar day period to act on the plan unless the Applicant has agreed in writing to an extension of the time period.
3. 
The ninety-day period shall be measured from the date of the Official Filing Date noted under § 1103.190(d).
4. 
If an extension of the ninety-day-time period is applied, it shall be measured from the expiration of the original ninety-day period. A time extension shall postpone the deadline and effects of the ninety-day period for the additional number of days agreed to in writing prior to the last scheduled Town Council meeting within the ninety-day plan review period.
5. 
The Town Council shall consider the Final Plan application at one or more of its Public Meetings during the ninety-day period, and/or extension thereof if applicable, and shall render a decision on the plan following receipt of the recommendations of the Town Planning Commission, Allegheny County Economic Development, and/or other technical advisors as requested.
Provided that, in accordance with the MPC, the Town Council shall not approve an application until the Allegheny County Department of Economic Development (ACED) report of its recommendations is received, or until the expiration of 30 calendar days from the date the application was forwarded to the County.
6. 
Attendance at the Town Council meeting by the Applicant or authorized agent is mandatory to answer technical questions and establish the acceptance of any possible recommended conditions of approval. If there exists uncertainty of the acceptance of conditions of approval, the plan may be recommended for disapproval.
7. 
No plat which will require access to a highway under the jurisdiction of the Pennsylvania Department of Transportation (PennDOT) shall be finally approved unless the plat contains a notice that a highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law,"[1] before Driveway access to a State highway is permitted.
[1]
Editor's Note: See 36 P.S. § 670-420.
(H) 
Procedure Following the Town Council Decision. When the Town Council makes a decision on a Final Plan, one of the following procedures will be followed, depending on the type of decision:
1. 
Denial. If the Town Council denies a Final Plan, then the written notification to the Applicant shall specify the defects found in the application and describe the requirements which have not been met and shall cite the provisions of the statute or ordinance relied upon.
2. 
Approval. If the Town Council approves a Final Plan, as filed by the Applicant, then the Applicant shall then submit a paper copy of the approved plan, with all applicable signatures from private parties, for Town seal and signature.
3. 
Approval Subject to Conditions. If the Town Council approves a Final Plan conditioned upon the performance of any act or the obtaining of any other approval or permit by the Applicant, the Applicant shall be given the opportunity to accept or reject the conditions within 15 days from the date of the written notice to the Applicant. If the Applicant fails to either execute written acceptance of the conditions, or rejects the conditions, the approval of the plan shall be rescinded automatically without requiring further action of Town Council.
Following submission of written agreement to the conditions specified by Town Council the Applicant shall submit one paper copy of the Final Plan, which shows compliance with the conditions, by plan revision or notation, for Town seal and signatures.
4. 
Failure of the Council to render a decision and communicate it to the Applicant within the time and in the manner required herein shall be deemed an approval of the application in terms as presented unless the Applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect (A sample Agreement to Extend the Time for Rendering and Communicating a Decision on Certain Preliminary and/or Final Subdivision and Land development plans is contained in Appendix C[2] herein). An extension of time shall not be exceeded more than twice in one year from the original date of filing without a refiling fee of 50% of the first fee.
[2]
Editor's Note: Appendix C is included as an attachment to this article.
(I) 
Approval of the Final Plan.
1. 
Approval of the Final Plan constitutes conditional approval of the proposed Subdivision or land development with respect to the general design, character, intensity, layout, and the approximate dimensions and other planned features including Streets and lots. Final approval binds the developer to the general scheme of the plan as approved.
2. 
Approval of the Final Plan authorizes the developer to proceed to a preconstruction meeting with the Town which is required prior to making any improvements to the site.
3. 
Where a proposed Subdivision or land development is located in more than one municipality, the Council may defer action on the plan until approval from the adjacent municipality is granted.
(J) 
Effective Period of Approval. Approval will be effective for a period of five years from the date of plan approval in accordance with the MPC, unless extended in writing by the Town Council.
1. 
No subsequent change or amendment to this Part, the Town's Zoning Ordinance (Part 13), or other governing ordinance or plan shall be applied to affect adversely the right of the Applicant to commence and to complete any aspect of the approved development in accordance with the terms of approval within that five-year period.
2. 
In a case of a Final Plan calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the Applicant with the Final Plan delineating all proposed sections as well as deadlines within which applications for Final Plan approval of each section are intended to be filed.
a. 
Such schedule shall be updated annually by the Applicant on or before the anniversary of the Final Plan approval, until Final Plan approval has been granted to the final section.
b. 
Any modification in the aforesaid schedule shall be subject to approval of the Town at its discretion.
c. 
Each section in any residential Subdivision or land development, except for the last section, shall contain a minimum of 25% of the total number of dwelling units as shown on the Final Plan, unless a lesser percentage is approved by the Town Council in its discretion.
d. 
For any section or sections, beyond the initial section, in which the required improvements have not been Substantially Completed within the initial five-year period, no subsequent change or amendment in the zoning, Subdivision, or other governing ordinance or plan shall be applied to affect adversely the right of the Applicant to commence and to complete each subsequent section for an additional term of three years from the date of Final Plan approval of each section.
[Ord. No. 1540, 6-26-2023]
(A) 
Within 90 days following Final Plan approval or 90 days following the delivery of the signed plans to the Applicant by the Town or following completion of conditions imposed for such approval, the Applicant shall record the Final Plan in the Office of the Recorder of Deeds of Allegheny County.
(B) 
In accordance with the MPC, whenever Final Plan approval is required by a municipality, the Recorder of Deeds shall not accept any plan for recording unless it contains the official approval of Town Council and certification of review by the County Planning Commission.
[Ord. No. 1540, 6-26-2023]
(A) 
General. Minor Plans may be filed and processed only for Lot Line Adjustments, Minor Subdivisions, Mortgage Subdivisions, or Minor Land Developments as characterized herein, in accordance with the standards and requirements in this Section.
(B) 
Standards for Qualification as a Minor Plan Submission.
1. 
Lot Line Adjustment.
a. 
A proposal between two abutting, existing, legally approved, and recorded lots.
b. 
A common lot line is proposed to be adjusted in terms of its location or configuration or eliminated.
c. 
The land area of each lot may be different after adjustment, but the total lot area of the two lots will be unchanged.
d. 
No alteration will occur to the perimeter boundary lines of the two lots.
e. 
Neither lot shall violate the applicable dimensional requirements of the Planning and Zoning Code as a result of the lot line adjustment, unless a preexisting legal nonconformity exists on the lot(s).
f. 
Possible reasons for lot line adjustments include, but are not necessarily limited to:
(1) 
Correcting errors regarding locations of existing improvements.
(2) 
Relating the line to definitive physical characteristics.
(3) 
Preferences of the landowners involved.
2. 
Minor Subdivisions.
a. 
A Subdivision plan where four or fewer lots are proposed to be subdivided from a tract of land or where land is being transferred to be combined with an existing lot or lots, each of which will comply with the dimensional requirements of the applicable zoning district(s) in which the existing lot is located.
b. 
The existing lot has sufficient frontage on an existing, improved public Street to satisfy the applicable Town requirements for lot frontage and access to a public Street for both proposed lots.
c. 
The Subdivision will not require new road construction, road improvements, or the extension of existing public utility lines.
d. 
The proposal will not involve significant stormwater and/or erosion control issues, as determined by the Town Engineer.
e. 
Disqualification. The Town Council may require standard Preliminary/Final Plan submission in place of a Minor Plan when conditions warrant it, at the advice of the Planning Commission or Town Engineer.
3. 
Mortgage Subdivisions.
a. 
A Subdivision established for the sole purpose of granting separate and distinct mortgages on each parcel within a commonly managed and maintained land development. The individual parcels created as a result of the mortgage Subdivision may not individually meet the required yard setbacks, ground cover, limitations, or other bulk and area requirements of the zoning district in which the property is situate, provided that the Applicant documents to the satisfaction of the Town the following:
(1) 
The responsibility for the construction, control, and maintenance of development shall be carried by an entity irrespective of parcels to be established through the mortgage Subdivision.
(2) 
Irrevocable cross Easements shall be established in favor of all parcels created through the mortgage Subdivision within the land development as respect to the use, control, and maintenance for the facilities and areas to be used in common so that each parcel becomes an integral of the land development.
(3) 
Declaration that the interest of any mortgagee, and that of any transferee of the mortgaged property upon any default of the mortgage, shall be subject to the obligations and responsibilities as to the facilities and areas to be used in common and the requirements of the cross Easements so that such a mortgagee or transferee, in the event of such default or transfer of title to the property, shall be bound thereby.
(4) 
In the event of a Subdivision for mortgage purposes, the entire area included within the plan shall continue to be treated by the Town as a single parcel for the purposes of maintaining compliance with the Town Planning and Zoning Code (Part 13).
4. 
Minor Land Developments.
a. 
A land development proposal where it is found that the intended development or modification of a site or use and occupancy of an existing structure will create a minimal impact upon traffic, drainage, visual image, landscaping, Buffering, lighting, or other elements described within the purposes of this Part.
b. 
Parking lot expansions with 10 or fewer parking spaces or 4,000 square feet or less of impervious surface.
c. 
The conversion of a residential dwelling that results in the creation of four or more new dwelling units.
d. 
The addition of tenants to an existing nonresidential Building when minimal structural improvements are required.
(C) 
Submission Requirements and Review Procedure.
1. 
The Planning Commission, being advised by the Town Staff and the Town Engineer, in response to a written request by the Applicant for a Minor Plan submission meeting any of the above stated qualification standards, may waive the requirements of this Part for Preliminary Plan requirements, provided that such Minor Plan proposal is on an existing Street and no new Streets are involved. In such cases the Applicant shall submit a Final Plan as follows:
a. 
The Final Plan shall be submitted and processed as required by § 1103.190, Final Plan Filing and Review Procedure, and contain the following data and plan specifications:
(1) 
When required by the Town Engineer, submit an erosion and sedimentation control plan as required by the Pennsylvania Clean Streams Law,[1] and the Pennsylvania Department of Environmental Protection, Erosion Control Rules, and Regulations (Title 25, Part 1, Subpart C, Article II, Part 102), with the erosion control measures set forth in the Erosion and Sediment Pollution Control Manual prepared by the Department of Environmental Protection.
[1]
Editor's Note: See 35 P.S. § 691.1 et seq.
(2) 
Three 24 inches by 36 inches copies, 10 reduced size copies, and an electronic PDF copy of the plan prepared by a registered Surveyor or engineer clearly labeled "Final Plan" shall be submitted containing the following information:
(a) 
Outline of the property from which the lot or lots are being subdivided.
(b) 
Bearings and distances of the property taken from the property deed, including the primary control point.
(3) 
Adjacent landowners' names.
(4) 
Location on the property map of existing Streets, streams, and woods.
(5) 
A separate drawing of the proposed lot scaled to one inch equals 100 feet (1:100) with lot area, lot number, lot dimensions, bearings and distances of lot lines, existing Street Right-Of-Way, Street name and route number, Building setback lines, and contours with a five-foot interval.
(6) 
A location map on the plan scaled to a minimum one inch equals 1,000 feet (1:1,000) showing property location, Streets, and other pertinent information.
(7) 
Name of the Zoning District in which the site is located.
(8) 
Name, address, and telephone number of Owner or Applicant.
(9) 
Name, address, and telephone number and seal of Professional Engineer certifying engineering aspects and Professional Land Surveyor certifying the accuracy of plan survey. (See Appendix D, Sample Certification and Dedicatory Blocks.[2])
[2]
Editor's Note: Appendix D is included as an attachment to this article.
(10) 
Date of plan preparation.
(11) 
Municipality where the property is located.
(12) 
North point and scale.
(13) 
Certification of ownership and a dedicatory statement signed by the Applicant/Owner. (See Appendix D for Sample Certification and Dedicatory Blocks.)
(14) 
Notary public and recording statement. (See Appendix D for Sample Certification and Dedicatory Blocks.)
(15) 
Approval blocks to be signed by the Town Council and the Town Planning Commission. (See Appendix D for Sample Certification and Dedicatory Blocks.)
(16) 
Location and description of Survey monuments shown on the plan.
(17) 
Proposed protective covenants running with the land, if any.
(18) 
Reference to recorded Subdivision plans of adjoining planned land and by recorded name, date, and number.
(a) 
When applicable, a copy of the Sewage Module for Land Development or other equivalent documentation approved by the Department of Environmental Protection in compliance with the requirements of the Pennsylvania Sewage Facilities Act[3] and Part 71 of Title 25 of the Pennsylvania Code.
[3]
Editor's Note: See 35 P.S. § 750.1 et seq.
(19) 
Compliance with regulations within a flood hazard area.
(20) 
Such other data as may be required by the Town Planning Commission or Town Council in the enforcement of this Part.
[Ord. No. 1540, 6-26-2023]
The following activities shall be excluded from the land development review and approval requirements but are not exempt from the standards of this Part:
(A) 
The division of land for agricultural purposes in parcels of more than 10 acres, not involving any new Street or Easement of access.
(B) 
The conversion of single-family detached or semidetached dwellings into not more than three residential units unless they are intended to be condominiums.
(C) 
Expansion of existing Buildings which are under 25% of gross area of Building, or 2,500 square feet, whichever is less.
(D) 
The addition of an accessory Building which does not exceed 25% of the gross floor area of the primary Building, or 2,500 square feet, whichever is less.