The procedures for application submission, review, and decision in this section shall apply to preliminary and final plans for all subdivisions and land developments regulated by this chapter. The developer shall be responsible for observing the procedures established in this Article, and for submitting all required plans and documents.
This chapter regulates the following types of subdivisions and land developments:
Types of Subdivisions and Land Developments | |||
|---|---|---|---|
Type | Description | Submission | Decision By |
Minor subdivision | A subdivision as defined by this chapter which includes creation of any number of lots and/or other divisions of land, including lot line revisions and adjoiner lots, and which does not involve installation of public improvements required by this chapter | Final plan | Planning Commission |
Major subdivision | A subdivision as defined by this chapter which involves installation of public improvements required by this chapter | Preliminary and final plans | City Council |
Land development | A land development as defined by this chapter except for any development expressly exempted by this chapter | Final plan | City Council |
A.
Requests. A prospective applicant or the Planning Department or Planning Commission may request a preapplication advisory meeting to provide an early exchange of information, promote an understanding of the character of a development and the applicable regulations of this chapter, and expedite the application and review process. At the mutual consent of the parties, the prospective applicant may meet with the Planning Department and/or attend a meeting of the Planning Commission.
B.
Sketch plan. At the advisory meeting, the prospective applicant may present a sketch plan and information showing land characteristics, proposed lots, development, and public improvements, and other information useful for the meeting.
C.
Advisory purpose. The preparation or discussion of a sketch plan or other maps or renderings does not constitute a filing of either a preliminary or final plan. Advisory meeting discussions are advisory only and shall not bind the City to commence a formal review or to approve any proposed plan.
A.
Submission. Applications for preliminary and final plans shall be submitted to the Planning Department in a format prescribed by the Planning Department.
B.
Completeness review. The Planning Department shall review the application for completeness and determine if all plans, information, documentation, endorsements, and the application fee required by this chapter have been submitted. The Planning Department shall notify the applicant within seven days of receipt if the application is complete and accepted or incomplete and not accepted. An application shall not be accepted as filed until it is found by the Planning Department to be complete.
C.
Compliance review. Upon acceptance as filed, the Planning Department shall review the application for compliance with the requirements, standards, and criteria of this chapter, and shall prepare a report of compliance for consideration by the Planning Commission and City Council noting any elements of the proposed subdivision or land development that do not comply with this chapter.
D.
Planning Commission review. The Planning Commission shall review applications for which the City Council renders the decision. The Planning Commission shall submit to City Council a recommendation to approve or deny an application, including any modifications or waivers requested with the application, and may submit recommendations for conditions with approval.
A.
Minor subdivisions. The Planning Commission shall have authority to render decisions for minor subdivisions, including the granting of modifications or waivers.
B.
Major subdivisions and land developments. The City Council shall have authority to render decisions for major subdivisions and land developments, including the granting of modifications or waivers.
C.
Decisions. The Planning Commission or City Council as appropriate shall render one of the following decisions:
(1)
Approve an application which complies with the requirements, standards, and criteria of this chapter, and for which necessary modifications or waivers were approved.
(2)
Deny an application which does not comply with the requirements, standards, and criteria of this chapter, and for which necessary modifications or waivers were not approved.
(3)
Approve the application with conditions designed to remedy compliance deficiencies or assure compliance with this chapter. An approval with conditions may include approval of modifications or waivers.
D.
Decision timing and communication.
(1)
A decision shall be rendered and communicated to the applicant not later than 90 days following the date of the regular meeting of the Planning Commission next following the date the application is considered filed in accordance with § 235-22, provided that should the next regular meeting occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the date the application is considered filed.
(2)
The decision shall be in writing and shall be communicated to the applicant personally or mailed to the applicant's last known address not later than 15 days following the decision.
(3)
When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements that have not been met and shall, in each case, cite the provisions of the statute or ordinance relied upon.
(4)
When the application is approved with conditions, the decision shall specify the conditions being imposed. The conditions must be accepted by the applicant in writing within 15 days of the date the decision was communicated personally or mailed to the applicant. If the applicant rejects or fails to accept the conditions, the conditional approval shall be automatically rescinded and the application denied.
(5)
A copy of the written decision shall be forwarded to the host municipality at the time it is delivered or mailed to the applicant.
E.
Failure to render decision. Failure of the Planning Commission or City Council to render a decision and communicate it to the applicant within the time and in the manner specified shall be deemed an approval of the application, 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.
Signature.
(1)
Upon approval of a final plan for which the decision was rendered by the City Council, the Mayor is authorized to and shall sign the final plan indicating approval. If the final plan was approved with conditions, the Mayor shall not sign the plan until after compliance with and completion of conditions imposed for approval. The City Council may designate an alternate member of Council to sign indicating approval of a final plan in the absence of the Mayor.
(2)
Upon approval of a final plan for which the decision was rendered by the Planning Commission, the Chairperson of the Commission is authorized to and shall sign the final plan indicating approval. If the final plan was approved with conditions, the Chairperson shall not sign the plan until after compliance with and completion of conditions imposed for approval. The Planning Commission may designate an alternate member of the Commission to sign indicating approval of a final plan in the absence of the Chairperson.
B.
Recording.
(1)
Upon the approval of a final plan, the developer shall, within 90 days of such final approval, or 90 days after the date of delivery of an approved final plan signed by the authorized signatory following completion of conditions imposed for such approval, whichever is later, record such final plan in the office of the Westmoreland County Recorder of Deeds.
(2)
In the event that an approved final plan is not recorded within the required ninety-day period, said approval shall be deemed voided and rescinded. City Council may establish administrative policy by which an approved final plan which was not timely recorded may be reapproved in an expedited manner, provided there has been no change to the application, plan, subject land and property, and circumstances of approval.