A.
The purpose of this article is to specify the procedures for review
and approval of proposed subdivisions and land developments. The three
types of approval include:
B.
The review of an application for completeness shall not constitute
a waiver of any deficiencies, irregularities, or required items not
submitted.
C.
All fees for application processing, staff, and engineering review
shall be paid at the time the application is submitted. The application
shall be judged incomplete until all such fees, escrow deposits, and
guarantees are certified as paid. The Borough Fee Schedule, as may
be amended from time to time, is available on the Borough's website
or by calling the Borough Secretary.
D.
All applications shall demonstrate conformance with the design standard requirements of this chapter found in Article IV.
E.
After the official filing of an application and while a decision
is pending, no change in any zoning, subdivision, or other governing
ordinance or plan shall affect the decision on the application adversely
to the applicant; and the applicant shall be entitled to a decision
in accordance with the provisions of the governing ordinances and
plans on the official filing date.
F.
The Borough Secretary shall forward all applications for subdivision
and land development to the County Planning Agency for review. Such
application may include a fee, if required by the County Planning
Agency, in an amount sufficient to cover the cost of the review. The
applicant shall cover the costs of the County fee. The Borough shall
not approve any such application until the County Planning Agency
review letter has been received or until the expiration of 30 calendar
days from the date the application was forwarded to the County.
A.
Developers are urged to discuss possible development sites with the
Borough of Glen Osborne Planning Commission prior to submission of
the preliminary application. The purpose of the pre-application meeting
is to afford the developer an opportunity to avail himself/herself
of the advice and assistance of these offices. A second purpose is
to determine if the proposed development is in general accordance
with this chapter. The developer is encouraged to further discuss
his/her proposal with PennDOT and/or utility companies as may be appropriate.
C.
Such discussion and/or sketch plan review will be considered as informal
meeting between the developer and the Borough of Glen Osborne Planning
Commission. Submission of a sketch plan shall not constitute the formal
filing of a plan.
B.
Applicability. The following procedure shall be used for all minor
subdivision applications that fulfill the following requirements:
C.
Any additional subdivision of a tract from which a minor subdivision
has already been formed shall be deemed a major subdivision with the
exception of lot line revisions or minor subdivisions.
D.
Submission requirements. Minor subdivision applications shall submit all materials as required within Table IV-1 (§ 121-405) of this chapter.
E.
Procedures. Applications for minor subdivision shall follow the procedures
listed below and shall only require final approval of the application:
(1)
A preliminary application is not required, but may be submitted,
at the developer's option.
(2)
All applications shall be filed at the Borough Secretary's
Office at least 21 calendar days prior to the meeting of the Planning
Commission, at which it is to be considered.
(3)
The Borough Secretary shall forward complete applications to
the Borough Engineer, Borough Planning Commission, and the County
Planning Agency for review.
(4)
Upon receipt of the complete application, the Borough Engineer
shall review the plans for conformance with the provisions of this
chapter. The Borough Engineer shall submit a review letter and recommendation
on the application to the Borough.
(5)
The Borough Planning Commission shall make a written recommendation
to the Borough Council. Such recommendation shall include a recommendation
for approval, approval with conditions, or denial of the application.
The Borough Planning Commission shall also provide the reasons for
its recommendation and in the case of a recommendation for denial,
shall cite the specific requirements of the SALDO or zoning ordinance[1] which have not been met.
(6)
The Borough Council shall render its decision on the application
and communicate it not later than 90 calendar days following the official
filing date.
(7)
Actions. Taking into consideration the recommendations of the
Planning Commission, Borough Engineer, and the County Planning Agency,
the Borough Council shall take one of the following actions:
(a)
Approve the application.
(b)
Approve the application with conditions. An application may
be granted approval subject to specific conditions related to the
provisions of the SALDO and/or zoning ordinance[2]. These conditions shall be included in the written communication
to the applicant. In addition, such written communication shall include
notification that unless the applicant agrees to the conditions, then
the application is denied in accordance with this chapter.
(c)
Deny approval of the application on the basis that it does not
comply with specific standards and regulations set forth in this chapter.
(8)
Failure of the Borough Council to render a decision and communicate
it to the applicant within the time and in the manner required by
law shall be deemed an approval of the application in terms as presented
unless the applicant has agreed in writing to an extension of time.
(a)
Time extension. If the Borough Council and applicant mutually
agree to additional time to consider the application for approval,
the applicant shall be requested to waive the ninety-day time limitation
established by law and grant the Borough Council an additional review
period.
(9)
Notice of decision. The decision of the Borough Council shall
be in writing and shall be communicated to the applicant personally
or mailed to him/her at his/her last known address not later than
15 calendar days following the decision.
A.
Applicability. The following procedure shall be used for all major
subdivision or land development applications that fulfill the following
requirements:
B.
Submission requirements. Major subdivision and/or land development
applications shall submit all materials as required within this chapter.
C.
Procedures. Applications for preliminary approval of major subdivision
and/or land development shall follow the procedures listed below:
(1)
An application for preliminary approval shall be filed with
the Borough, on forms as prescribed by the Borough, at least 21 calendar
days prior to the regular meeting of the Borough Planning Commission.
(2)
Upon receipt of an application, the Borough Engineer shall review
the application for completeness within 14 calendar days of its receipt.
If not returned within 14 calendar days of receipt, the application
shall be assumed to be complete.
(a)
The Zoning Officer shall review the application to determine
whether all materials as required by this chapter and any other relevant
Borough Ordinances have been submitted by the applicant.
(b)
Incomplete applications shall be returned to the applicant with
a letter detailing the required items not submitted.
(c)
The review of completeness shall not include a technical review
of the submitted material.
(3)
The official filing date for complete preliminary approval applications
shall be the date of the next regular Borough Planning Commission
meeting following the date of receipt and payment of the applicable
filing fee, provided that should the said next regular meeting occur
more than 30 calendar 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.
(4)
The Borough Secretary shall forward complete applications to
the Borough Engineer, Borough Planning Commission, and the County
Planning Agency for review.
(5)
Upon receipt of the complete application, the Borough Engineer
shall review the plans for conformance with the provisions of this
chapter. The Borough Engineer shall submit a report and recommendation
on the application to the Borough Planning Commission.
(6)
The Borough Planning Commission shall make a written recommendation
to the Borough Council. Such recommendation shall include a recommendation
for approval, approval with conditions, or denial of the application
for preliminary approval. The Borough Planning Commission shall also
provide the reasons for its recommendation and in the case of a recommendation
for denial, shall cite the specific requirements of the SALDO or zoning
ordinance.[1]
(7)
The Borough Council shall render its decision and communicate
it not later than 90 calendar days following the official filing date.
(8)
Actions. Taking into consideration the recommendations of the
Borough Planning Commission, Borough Engineer, and the County Planning
Agency, the Borough Council shall take one of the following actions:
(a)
Approve the preliminary application.
(b)
Approve the preliminary application with conditions. An application
may be granted preliminary approval subject to specific conditions
related to the provisions of the SALDO and/or zoning ordinance.[2] These conditions shall be included in the written communication
to the applicant. In addition, such written communication shall include
notification that unless the applicant agrees to the conditions, then
the application is denied in accordance with this chapter.
(c)
Deny the preliminary application.
(9)
Failure of the Borough Council to render a decision and communicate
it to the applicant within the time and in the manner required by
law shall be deemed a preliminary approval of the application in terms
as presented unless the applicant has agreed in writing to an extension
of time.
(a)
Time extension. If the Borough Council and applicant mutually
agree to additional time to consider the application for preliminary
approval, the applicant shall be requested to waive the ninety-day
time limitation established by law and grant the Borough Council an
additional review period.
(10)
Notice of decision. The decision of the Borough Council shall
be in writing and shall be communicated to the applicant personally
or mailed to him/her at his/her last known address not later than
15 calendar days following the decision.
D.
Within 15 calendar days of the granting of preliminary approval with
conditions by the Borough Council, the applicant shall notify the
Borough in writing of his or her acceptance or rejection of the conditions
of approval. If the applicant does not so notify the Borough within
15 calendar days of approval, the preliminary approval shall automatically
be rescinded without written notice to the applicant.
F.
When an application for preliminary approval has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application and the terms of § 121-305 of this chapter. The final plat must comply with the preliminary plan as well as conditions under which the preliminary plan was approved.
A.
Applicability. The following procedures shall be used for all major
subdivision or land development applications if the following criteria
apply:
(1)
The major subdivision or land development has previously received
preliminary approval from the Borough Council.
B.
Submission requirements. Final approval applications shall submit
all materials as required within this chapter.
C.
Procedures. Applications for final approval of major subdivision
and/or land development shall follow the procedures listed below:
(1)
An application for final approval shall be filed with the Borough
Secretary, on forms as prescribed by the Borough, at least 21 calendar
days prior to the regular meeting of the Borough Planning Commission.
(2)
Upon receipt of an application, the Borough Engineer shall review
the application for completeness within 14 calendar days of its receipt.
If not returned, the application shall be assumed to be complete.
(a)
The Borough Engineer shall review the application to determine
whether all materials as required by this chapter and any other relevant
Borough ordinances have been submitted by the applicant.
(b)
Incomplete applications shall be returned to the applicant with
a letter detailing the required items not submitted.
(c)
The review of completeness shall not include a technical review
of the submitted material.
(3)
The official filing date for complete final approval applications
shall be the date of the next regular Borough Planning Commission
meeting following the date of receipt and payment of the applicable
filing fee, provided that should the said next regular meeting occur
more than 30 calendar 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.
(4)
The Borough Secretary shall forward complete applications to
the Borough Engineer, Borough Planning Commission, and Allegheny County
Planning Agency for review.
(5)
Upon receipt of the application, the Borough Engineer shall
review the plans for conformance with the provisions of this chapter.
The Borough Engineer shall submit a report and recommendation to the
Borough.
(6)
The Borough Planning Commission shall make a written recommendation
to the Borough Council. Such recommendation shall include a recommendation
for approval, approval with conditions, or denial of the application.
The Borough Planning Commission shall also provide the reasons for
its recommendation and in the case of a recommendation for denial,
shall cite the specific requirements of the SALDO or zoning ordinance.[1]
(7)
The Borough Council shall render its decision and communicate
it not later than 90 calendar days following the official filing date.
(8)
Actions. Taking into consideration the recommendations of the
Borough Planning Commission, Borough Engineer, and the County Planning
Agency, the Borough Council shall take one of the following actions:
(a)
Approve the final application.
(b)
Approve the final application with conditions. An application
may be granted preliminary approval subject to specific conditions
as related to the provisions of the SALDO and/or zoning ordinance.[2] These conditions shall be included in the written communication
to the applicant. In addition, such written communication shall include
notification that unless the applicant agrees to the conditions, then
the application is denied in accordance with this chapter.
(c)
Deny the final application.
(9)
Failure of the Borough Council to render a decision and communicate
it to the applicant within the time and in the manner required by
law shall be deemed a final approval of the application in terms as
presented unless the applicant has agreed in writing to an extension
of time.
(a)
Time extension. If the Borough Council and applicant mutually
agree to additional time to consider the application for final approval,
the applicant shall be requested to waive the ninety-day time limitation
established by law, and grant the Borough Council an additional review
period.
(10)
Notice of decision. The decision of the Borough Council shall
be in writing and shall be communicated to the applicant personally
or mailed to him/her at his/her last known address not later than
15 calendar days following the decision.
D.
Within 30 calendar days of the granting of final approval with conditions
by the Borough Council, the applicant shall notify the Borough in
writing of his or her acceptance or rejection of the conditions of
approval. If the applicant does not so notify the Borough within 30
calendar days of approval, the preliminary approval shall automatically
be rescinded without written notice to the applicant.
E.
No final approval shall be granted unless all required fees and deposits
have been paid.
F.
The Borough Council at its discretion may approve plans with conditions,
including the pending receipt of permits from third-party agencies,
including, but not limited to, applicable Federal, State, County,
and Borough permits.
G.
Developer's agreement. As a condition of final approval, the
Borough Council shall require that the applicant execute a development
agreement with the Borough, in a form acceptable to the Borough Solicitor.
Such developer's agreement shall contain provisions that are
reasonably required to guarantee compliance with the conditions of
approval, if any, and to guarantee the proper installation of on-site
and off-site improvements related to the subdivision or land development.
Said development agreement shall be executed; the required financial
security shall be posted, or the required public improvements shall
be completed; and all required fees shall be paid before the Borough
Council shall approve and sign the final plat for recording purposes.
H.
Expiration of final approval. Final plan approval shall expire after
five years of being granted by the Borough Council, unless a written
extension is requested by the applicant and granted by the Borough
Council. Any request for extension shall be submitted in writing to
the Borough Council at least 30 calendar days prior to any prevailing
expiration date. Extensions may be granted for one or more six-month
periods upon a finding by the Borough Council that such extension
is warranted.
A.
Where a subdivision or land development is projected to be completed
in stages over a period of years, the applicant may submit an application(s)
for final approval by phase or stage of development, subject to such
requirements or guarantees for public improvements in future phases
or stages of development as are essential for the protection of the
public welfare and any existing or proposed section or phase of the
plan.
B.
All sections or future phases must conform to the preliminary application as previously approved by the Borough. Any phase that contains substantive changes in the number of lots or buildings proposed or in the layout of the lots, buildings, or streets previously approved in the preliminary application and does not comply with the application for preliminary approval will require a complete resubmission of the preliminary application in accordance with § 121-304 of this chapter.
C.
Where the applicant has submitted an application for preliminary
approval calling for the installation of improvements over a period
of more than five years, a schedule shall be submitted detailing deadlines
within which applications for final plan approval are intended to
be filed. The applicant shall update the final plan submission schedule
on an annual basis. Any modification to the original schedule shall
be subject to the approval of the Borough Council.
A.
B.
Upon approval of a final plat by the Borough Council, the developer
shall, within 90 calendar days of such final approval or within 90
calendar days after the date of delivery of an approved plat signed
by the Borough Council, following completion of conditions imposed
for such approval, whichever is later, record such plat with the Allegheny
County Recorder of Deeds in accordance with § 513 of the
MPC, 53 P.S. § 10513, as amended.
C.
Inspection and engineering fees. Upon approval of a final plat by
the Borough Council, the developer shall provide inspection and engineering
fees according to Borough fee resolution as updated time-to-time (the
fee schedule is available on the Borough website or by calling the
Borough Secretary).
D.
Upon recording of the final plat in the office of the Allegheny County
Recorder of Deeds, the developer shall deliver to the Borough the
following:
(1)
One digital PDF copy (in a Borough-compatible format) as recorded
and certified by the Allegheny County Recorder of Deeds.
E.
The final plat shall be recorded with the Allegheny County Recorder
of Deeds prior to the sale of any lots or property that is the subject
of the final plat.
F.
Until final acceptance and dedication by ordinance has been duly
enacted, no property or other private improvements shown on the final
plat shall be deemed a part of the public improvements of the Borough.
The same shall be deemed to be private streets, parks, or public improvements
until and unless the same have been accepted in accordance with law.
No public improvement shall be accepted by the Borough unless completed
in accordance with Borough Codes and Ordinances.
A.
The following provisions outline the process for final plat approval
after completion of public improvements:
(1)
Submission of application. The applicant shall notify the Borough Council of the intent to complete the public improvements prior to the completion of the final plat pursuant to Article VII of this chapter.
(2)
If the applicant's application for final approval, not including final plat, is approved the applicant shall complete a developer's agreement in accordance with § 121-305G of this chapter prior to the start of any construction.
(3)
If the applicant's application for final approval, not including final plat, is approved and the applicant has obtained all other permits required under the Borough's Ordinances, and County, State, or Federal agencies, the applicant may proceed to construct the public improvements and other site improvements 72 hours after the pre-construction conference. The Zoning Officer shall then authorize the progress inspections in accordance with Article VI of this chapter.
(4)
After the applicant has completed the public improvements indicated
in the application for final approval, the applicant shall notify
the Borough, in writing, of such completion; and the applicant shall
submit, together with the notification of the completion of the public
improvements, the original final plat, as required by this chapter,
and 10 copies of final approval application and materials, along with
one electronic copy, as required by this chapter.
(5)
Within 10 calendar days after the receipt of the submission,
the Borough shall authorize the Borough Engineer to inspect the public
improvements and the final plat and indicate to the Borough Council
whether the public improvements comply with applicable codes and statutes
and whether the final plat complies with this chapter.
B.
Within 30 calendar days of receiving such authorization, the Borough
Engineer shall report to the Borough Council in writing, whether the
completed public improvements and final plat comply with the requirements
of this chapter. The report shall indicate approval or rejection of
the improvements, whether in whole or in part, and, in the case of
rejection, shall contain a statement of reasons for such rejection.
C.
Within 45 calendar days after the submission of the notice of completion of the public improvements and the final plat in compliance with this chapter, the Borough Council shall either approve or disapprove the public improvements. Acceptance of the improvements shall be in accordance with Article VII of this chapter and shall be further subject to the posting of a maintenance guarantee required by § 121-706 of this chapter. The Borough Council shall notify the applicant in writing by certified or registered mail of the approval or rejection of improvements.
D.
Within 90 calendar days of the submission of the final plat, the
Borough Council shall either approve, approve with conditions, or
disapprove the final plat for recording purposes at a public meeting.
The Borough Engineer's written report shall be made a part of
the record at that meeting. A letter indicating approval, approval
with conditions, or disapproval shall be sent to the applicant by
regular mail within 15 calendar days of the date of the decision.
If the final plat is not approved, the Borough Council shall specify
the defects found in the final plat and shall cite the requirements
of this chapter, and other applicable Ordinances which have not been
met. Approval of the public improvements and final plat authorizes
officers of the Borough to affix their signatures to the final plat
for recording purposes.
A.
Waiver and modification application requirements. Any request for
a waiver or modification of a provision of this chapter shall be submitted
in writing as part of an application for preliminary or final plan
approval. All requests for modification shall be signed by the applicant.
The written request shall include:
(1)
The specific section of this chapter which is requested to be
waived or modified.
(2)
The justification for the waiver or modification, stating in
full the grounds and facts of unreasonableness or hardship on which
the request is based and shall discuss the minimum modification necessary.
(3)
Provisions proposed as an alternate to the requirements.
B.
Waiver or modification application procedure.
(1)
An application for a waiver shall be filed with the Borough Secretary, on forms as prescribed by the Borough, as part of an application for preliminary or final plan approval and at least 21 calendar days prior to the regular meeting of the Borough Planning Commission. The application shall not be considered complete and properly filed unless or until all items required by § 121-310(A) above, have been received by the filing date.
(2)
The Borough Engineer shall review the application to determine whether all materials required by § 121-310(A) above and any other relevant Borough Ordinances have been submitted by the applicant.
(3)
The Borough Secretary shall submit one copy of the application
and any materials submitted therewith to the following entities for
review: the Borough Engineer; each member of the Borough Council and
Borough Planning Commission; and any other appropriate Borough personnel
or professional consultant.
(4)
Any revisions, supplements, or amendments to an administratively
complete application shall be filed with the Zoning Officer at least
21 calendar days prior to the date of the Borough Planning Commission
meeting in order to be considered at that meeting, or at least 21
calendar days prior to the date of the Borough Council meeting in
order to be considered at that meeting.
C.
The Borough Engineer shall review the application documents to determine
compliance with this chapter, any other applicable Borough regulations,
and sound engineering practices. The Borough Engineer shall prepare
a written report of their findings and recommendations, to the Borough
Council, 30 calendar days from the official filing date.
D.
Borough Council Action. The Borough Council may approve a waiver
or modification application if the applicant demonstrates the following:
(1)
The literal enforcement of the subject section(s) of this chapter
will exact undue hardship because of peculiar conditions pertaining
to the land in question.
(2)
The waiver or modification of the subject section(s) of this
chapter will not be contrary to the public interest.
(3)
The purpose and intent of this chapter is observed.
(4)
An alternative proposal will allow for equal or better results
and represents the minimum modification necessary.
E.
In approving a waiver or modification application, the Borough Council
may, in its sole discretion, impose such reasonable conditions as
it deems necessary to secure the objectives and purposes of this chapter
and to protect the public interest. When a waiver is granted with
conditions, a statement of the approved waiver, including the imposed
conditions, shall be provided on the final plan.
F.
A letter indicating approval, approval with conditions, or denial
of the waiver or modification request shall be in writing and shall
be mailed to the applicant's last known address.
