[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)
|
(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.
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:
f.
Location of curbs and Sidewalks.
2.
Water resources, including:
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:
b.
Pipe sizes and materials.
g.
Septic systems and drain fields.
4.
Storm sewers, including:
b.
Pipe sizes and materials.
e.
Inlets, catch basins, and manholes.
5.
Other existing stormwater and/or erosion control facilities,
including:
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:
7.
Soil types, including:
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.
(4)
Center-line courses, distances, and curve data.
(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:
(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.
g.
Common use areas, including:
(1)
Open Space Areas.
(d) Use and management of common area.
(e) Proposed ownership of common area.
2.
Recreation Facilities.
a.
Locations, configuration, and size.
3.
Parking, Driveway, or road areas when privately owned for common
use.
5.
Notes regarding offers of dedication or retention in private
ownership, as applicable.
6.
Areas reserved for future uses, including:
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:
(2) To be preserved, including method of preservation.
c.
Stormwater management and erosion control and sedimentation
facilities, including:
(6) Pipe sizes and materials.
(9) Inlets, catch basins, and manholes including rim
and 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.
(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.
(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.
(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.
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," 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:
(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.) 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.
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.
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." Access to the State highway shall be only as authorized
by the highway occupancy permit."
(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:
(2)
All dimensional and technical descriptions of roads.
(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.)
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.
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.
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," before Driveway access to a State highway is permitted.
(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 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.
(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, 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.
(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.)
(10) Date of plan preparation.
(11) Municipality where the property is located.
(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 and Part 71 of Title 25 of the Pennsylvania Code.
(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.