Whenever any subdivision of land or land development is proposed, before
any contract is made for the sale of any part thereof and before any permit
for the erection of a structure in such proposed subdivision or land development
shall be granted, the owner, or his authorized agent, shall apply for and
secure approval of such proposed subdivision or land development in accordance
with the following procedures for subdivision and land development.
Prior to filing an application for approval of a subdivision or land
development within Brentwood Borough, the owner or his authorized agent shall
meet with the Borough Engineer for an official classification of his proposed
subdivision or land development. At this time, the Borough Engineer shall
advise the owner or his authorized agent as to which of the procedures contained
herein must be followed.
A.
For the purpose of these regulations, the official filing
date shall be the date of the regular meeting of the Planning Commission next
following the date the application and plans are received in the Municipal
Building. Provided, that should said regular meeting occur more than 30 days
following the submission of the application, the official filing date shall
be the 30th day following the day the application has been submitted.
B.
Upon receipt of an application for subdivision or land
development approval, the Borough Engineer shall affix to the application
both the date of submittal and the official filing date.
All plans shall be submitted to and reviewed by the Allegheny County
Planning Commission in accordance with its then prevailing rules and regulations.
The Borough of Brentwood shall forward to the subdivider a copy of any report
of the Allegheny County Planning Commission.
A.
All filing, inspection and engineering fees shall be
submitted to the Borough of Brentwood.
B.
Plan filing fee. A filing fee shall accompany the preliminary
plan. No application shall be accepted or acted upon unless payment is made
to the Borough of Brentwood. The Borough Council shall create by resolution
a schedule of fees to be paid by the subdivider or land developer to defray
the cost of administering and processing of plans. The schedule of fees may
be changed from time to time by resolution of the Borough Council.[1]
[1]
Editor's Note: The current fee schedule is located in Ch. A 215,
Fees.
C.
Review fees.
(1)
Review fees shall include the reasonable and necessary
charges by the Borough of Brentwood's professional consultants or engineer
for review and report to the Borough of Brentwood and shall be set by resolution.
Such review fees shall be reasonable and in accordance with the ordinary and
customary charges by the Borough Engineer or consultant for similar service
in the community, but in no event shall the fees exceed the rate or cost charged
by the engineer or consultant to the Borough of Brentwood when fees are not
reimbursed or otherwise imposed on applicants.
(2)
In the event that the applicant disputes the amount of
any such review fees, the applicant shall, within 10 days of the billing date,
notify the Borough of Brentwood that such fees are disputed, in which case
the Borough of Brentwood shall not delay or disapprove a subdivision or land
development application due to the applicant's request over disputed
fees.
(3)
In the event that the Borough of Brentwood and the applicant
cannot agree on the amount of review fees which are reasonable and necessary,
then the fees shall be recalculated and recertified by another professional
engineer licensed as such in this commonwealth and chosen mutually by the
Borough of Brentwood and the applicant or developer. The estimate certified
by the third engineer shall be presumed fair and reasonable and shall be the
final estimate. In the event that a third engineer is so chosen, fees for
the services of said engineer shall be paid equally by the Borough of Brentwood
and the applicant or developer.
D.
An applicant shall, by filing a plan, be then obligated
to pay the fees herein provided. The engineering fees required to be paid
by this section shall be promptly submitted to the Borough of Brentwood by
the applicant upon the submission of bills therefor to the applicant from
time to time by the Borough Council.
A.
Minor subdivision plans shall be initiated and submitted for review in the form of a final plan as specified in § 183-19.
[Amended 3-17-1998 by Ord. No. 1104]
B.
Additional subdivision. Any additional subdivision of
a tract from which a minor subdivision has already been formed shall be deemed
to be a major subdivision and shall follow the procedure applying thereto.
A.
Sketch plan. Prospective subdividers and developers are strongly urged to discuss possible development sites with the Planning Commission prior to submission of a preliminary plan. A sketch plan shall be presented for review not less than 10 days prior to the regular meeting of the Planning Commission at which it is to be considered. Submission of a sketch plan will not constitute a formal filing of a subdivision or land development plan with the Borough Council. Sketch plans should include those items listed in Article IV, Plan Requirements.
B.
Preliminary plan.
(1)
Submission of preliminary plans.
(a)
The preliminary plan and all information and procedures
relating thereto shall in all respects be in compliance with the applicable
provisions of this chapter. It is the responsibility of the subdivider or
developer to coordinate his plans with the respective private and public service
agencies.
(b)
The application form shall be accompanied by the requisite fee as set forth in § 183-14 of this chapter and by not less than three copies of all required material and not less than nine prints of the preliminary plan of the subdivision or development as required by borough resolution from time to time.
(c)
The Borough Engineer shall forward one copy of the required
material to the Allegheny County Planning Commission and such other agencies
as he deems appropriate for review and comment.
(d)
The engineer shall forward the remaining copies of the
preliminary plan prints and required materials to the Planning Commission.
(e)
When applicable, the application form shall be accompanied
by a Planning Module for Land Development, as required by the Pennsylvania
Department of Environmental Protection.
(2)
Review of preliminary plans.
(a)
In cases where the subdivision or land development adjoins
an existing or proposed state highway or has proposed streets entering onto
state highways, the developer shall submit the plans to the Pennsylvania Department
of Transportation for review.
(b)
The Planning Commission will consider the plan to determine if it meets the standards set forth in this chapter and Chapter 210, Zoning.
(c)
The Planning Commission shall act on the preliminary
plan within 60 days of the filing date, but in any event shall act on the
plan in time for the Borough Council to render their decision within 90 days
from the official filing date. In the event that any variance from this chapter
is requested by the applicant or is deemed necessary for approval, the variance
and the reasons for its necessity shall be entered into the records of the
Borough Council.
(3)
Planning Commission recommendation.
(a)
The Planning Commission shall recommend whether the preliminary
plan shall be approved, approved with modifications or disapproved and shall
notify the Borough Council, in writing, thereof, including, if disapproved,
a statement of reasons for such action.
(b)
In making its recommendation, the Planning Commission
shall consider the recommendations of the Borough Engineer, Borough staff,
the Borough Sanitary Engineer, the Allegheny County Planning Commission, interested
residents and the recommendations of any agency or agencies from which a review
was requested under Subsection B(1)(C) of this chapter.
(4)
Borough Engineer review. All plans shall be reviewed
by the Borough Engineer, which approval shall precede the transmission of
such plans to the Borough Council.
(5)
Resubmission of preliminary plans. A revised plan submitted
after disapproval shall be considered and processed as a new plan submission.
(6)
Approval of preliminary plans.
(a)
The Borough Council shall act on the preliminary plan
within 90 days of the official filing date. Failure to do so shall be deemed
an approval. Before acting on a preliminary plan, the Borough Council may
hold a hearing thereon after public notice.
(b)
The Borough Council shall notify the applicant of its
decision to approve, approve with conditions or disapprove the preliminary
plan, in writing. Such notice shall be given to the applicant in person or
mailed to him at his last known address not later than 15 days following the
decision. If the plan is approved with conditions acceptable to the developer
and accepted by him, in writing, or disapproved, the Borough Council shall
specify in their notice the conditions which must be met and/or the defects
found in the plan and the requirements which have not been met, including
specific reference to provisions of any statute or ordinance which have not
been fulfilled.
(c)
Approval of the preliminary plan shall constitute approval
of the subdivision or land development, the arrangement and approximate dimensions
of streets, lots and other planned features. The approval binds the subdivider
or developer to the general scheme of the subdivision shown, unless a revised
preliminary plan is submitted and permits the subdivider to proceed with final
detailed design of improvements, to arrange for guarantee to cover installation
of the improvements and to prepare the final plan. Approval of the preliminary
plan does not authorize the sale of lots nor the recording of the preliminary
plan.
C.
Final plan.
(1)
Submission of final plans.
(b)
The final plan shall conform in all respects with the
approved preliminary plan. If it does not, the plan submitted shall be considered
as a revised preliminary plan and shall be forwarded by the Borough Engineer
to the Planning Commission for review and recommendation as a preliminary
plan.
(c)
The subdivider or developer must submit with the final plan a guarantee for the installation of improvements which meets the requirements of Article VI.
(d)
The application form shall be accompanied by the requisite inspection and engineering fees as set forth in § 183-14C(3).
(e)
Documented approval of the Planning Module for Land Development
by the Pennsylvania Department of Environmental Protection shall be a part
of the requisite materials accompanying the final plan submission.
(f)
The subdivider or developer shall submit a reproducible
original of the plans, nine prints of the final subdivision or land development
plans and at least three copies of all other required information.
(g)
Upon receipt of the final plan, the Engineer shall forward
the original plans and five copies of the plans and one copy of all the other
material to the Planning Commission for review and recommendation, one copy
of the plan and one copy of all other material to the Allegheny County Conservation
District for review and comments, one copy of the plan and one of all other
material to the Allegheny County Planning Commission, one copy of the plan
to the Borough Sanitary Engineer and copies to such other agencies whose recommendations
would be pertinent to the processing of the plan.
(2)
Review of final plans.
(3)
Planning Commission recommendation.
(a)
The Planning Commission shall recommend whether the final
plan shall be approved, approved with modifications or disapproved and shall
notify the Borough Council, in writing, thereof including, if approved with
modifications or disapproved, a statement of reasons for such action.
(b)
In making its recommendation, the Planning Commission
shall consider the recommendations of the Borough Engineer, the Allegheny
County Planning Commission, the Allegheny County Conservation District, PennDOT
and the recommendations of any agency or agencies from which a review was
requested under § 183-16(C)(1)(g).[2]
(4)
Borough Engineer review. All plans shall be reviewed
by the Borough Engineer, which approval shall precede the transmission of
such plans to the Borough Council.
(5)
Resubmission of final plans. A revised plan submitted
after disapproval shall be considered and processed as a new plan submission.
(6)
Approval of final plans.
(a)
The Borough Council will not take official action to approve a final plan unless it is accompanied by a guarantee for the installation of improvements which meet the requirements of Article VI.
(b)
The Borough Council shall take action within 90 calendar
days from the official filing date of the final plan. Failure to do so shall
be deemed an approval.
(c)
The Borough Council shall notify the applicant, in writing,
of its decision to approve, approve with conditions acceptable to the developer
and accepted by him in writing or disapprove the final plan. Such notice shall
be given to the applicant in person or mailed to him at his last known address
not later than 15 days following the decision. If the final plan is disapproved,
the Borough Council shall specify the defects found in the plan and the requirements
which have not been met, including specific reference to the provisions of
any statute or ordinance which have not been fulfilled.
(d)
If the final plan is approved subject to conditions,
the Borough Council shall not endorse the plan until all of the conditions
have been met.
(e)
If the Borough Council approves the final plan or grants
a conditional approval, they shall set the amount of bonding or other security
necessary to guarantee the construction of improvements and community facilities
and shall state such amount in the notice to the applicant.
(7)
Recording of final plans.
(a)
Upon approval of the final plan, the subdivider or developer
shall prepare one transparent reproduction of the original final plan on stable
plastic base film and no less than four prints thereof which shall be submitted
to the Borough of Brentwood not later than 30 days after approval. These plans,
upon satisfaction of all conditions attached to the approval, will be signed
by the Borough Council. A copy of the signed final plan shall be recorded
in the office of the Allegheny County Recorder of Deeds within 90 days after
approval of the final plan or the approval of the Borough Council shall be
null and void. The final plan must be recorded before proceeding with the
sale of lots or construction of buildings.
(b)
Recording the final plan shall be an irrevocable offer
to dedicate all streets and other public ways to public use and to dedicate
or reserve all park reservations and other public areas to public use unless
reserved by the subdivider as hereinafter provided. The approval of the final
plan shall not impose any duty upon the Borough Council or Borough of Brentwood
concerning maintenance or improvements by ordinance or resolution.
(c)
The subdivider shall place a notation on the final plan
if there is no offer of dedication to the public of streets and certain designated
public areas, in which event the title to such areas shall remain with the
owner and the Borough of Brentwood shall assume no responsibility for improvement
or maintenance thereof, which fact shall be noted on the final plan.
