A person desiring approval of a plat of subdivision or land development
may appear before the Planning Commission to discuss his proposal before filing
an application for preliminary plat approval. No fee or formal application
is required for this meeting. Its purpose is to save time and money. The subdivider
shall be prepared to discuss the details of his proposed subdivision, including
such items as the proposed use, existing covenants, proposed utilities and
street improvements. The subdivider may submit a sketch plan as follows:
A. Prior to submission of a preliminary plan, developers
are encouraged to submit a sketch plan to the city.
B. A sketch plan should contain at least the following information:
(2) General information concerning any community facilities
and/or any other significant man-made or natural features that will affect
the proposal.
(3) A property map at a legible scale showing the specific
parcel of land or site involved.
(4) A sketch of the proposed development drawn at a scale
no smaller than one (1) inch equals four hundred (400) feet showing the proposed
layout of the streets and lots and other features of the subdivision or land
development.
C. The submission of a sketch plan is not a required procedure
under this section.
In a proposed development in which all lots shall abut an existing public
street or which is intended merely to adjust or straighten existing lot lines,
the submission of a preliminary plan may be waived by the Planning Commission.
However, all other applicable requirements and specifications shall remain
the same.
A. Submission of the preliminary plan.
(1) Preliminary plans, all required accompanying documentation
and all applicable fees shall be submitted by a developer to the City Clerk
at least ten (10) business days in advance of a regularly scheduled meeting
of the Planning Commission.
(2) Submission shall consist of the following:
(a) Five (5) completed copies of the appropriate application
form.
(b) Six (6) blue-line or black-line paper prints of the preliminary plan showing all the information required in §
185-14.
(c) Five (5) copies of all other required documentation.
(d) A filing fee as established in Article
VI of this chapter.
(3) The City Clerk shall reject and forthwith return to any
developer any preliminary plans submitted which do not provide and include
all of the items required under this chapter. In the event that the City Clerk
is unable to initially determine whether the preliminary plans and required
submissions meet the requirements of this chapter for consideration by the
Planning Commission, then in that event the City Clerk shall submit said preliminary
plans and submissions to the Planning Commission for its review and determination.
In the event that the Planning Commission, upon such review, determines that
said plans and submissions do not meet the requirements of this chapter, then
in that event the Planning Commission shall reject said plans and return the
same to the developer, setting forth the specific reasons and references to
provisions of this chapter for such rejection.
B. Distribution of preliminary plan for review and consent.
(1) Copies of the preliminary plan and accompanying documentation
shall be immediately distributed by the developer as follows:
(a) One (1) copy of the plan and accompanying documentation
to the Westmoreland County Planning Commission.
(b) One (1) copy of the application, plan and accompanying
documentation to the appropriate water and/or sewage officials.
(c) One (1) copy of the soil erosion and sedimentation control
plan to the County Conservation District Office.
(d) One (1) copy of the plan to the District Office of the
Pennsylvania Department of Transportation when a proposed subdivision abuts
or is traversed by a state road.
(2) The developer shall, on or before the first meeting of
the Planning Commission for review of his preliminary plans, submit an affidavit
in a form as provided by the city setting forth the distribution of the preliminary
plan and accompanying documentation to the above agencies. Failure of the
developer to distribute the preliminary plan and accompanying documentation
as set forth above shall result in rejection of the plan from further consideration.
C. Action on preliminary plan by the Planning Commission.
(1) Applications for approval of the plan, preliminary or
final, shall be acted upon by the Planning Commission and communicated to
the subdivider or developer not later than ninety (90) days following the
date of the regular meeting of the Planning Commission next following the
date the application is duly filed, unless said next regular meeting occurs
more than thirty (30) days following the filing of the application, in which
case said ninety-day period shall be measured from the 30th day following
the day the application has been duly filed. The decision of the Planning
Commission shall be in writing and shall be communicated to the subdivider
or developer personally or mailed to him at his last known address not later
than fifteen (15) days following the decision.
(2) All actions by the Planning Commission shall be taken
at a public meeting, whether it shall be regularly scheduled or a special
meeting. If the plan is to be considered at a special meeting, the developer
shall be so notified. In addition, the Planning Commission may also schedule
a public hearing pursuant to public notice before taking any action on the
plan.
(3) Any decision concerning a preliminary or final plan shall
be in writing. If a plan is not approved, or approved subject to certain conditions,
the written decisions shall specify the defects and describe the requirements
which have not been met, citing in each instance the applicable provisions
of this chapter. The decision shall be sent to the developer at the address
set forth on the plan.
(4) From the time an application for approval of a preliminary or final plan is duly filed as provided by this chapter and remains pending, no change or amendment to this chapter or Chapter
236, Zoning, or other governing ordinance shall adversely affect the decision on such plan. However, if such plan is disapproved, any resubmission of such plan shall conform to any intervening requirements. Once either preliminary approval or final approval is granted without conditions or approved by the applicant's acceptance of conditions, no subsequent change or amendment in Chapter
236, Zoning, this chapter or other governing ordinance or plan shall be applied to adversely affect the right of the applicant to commence and complete any aspect of the approved plan in accordance with the terms of such approval within five (5) years from the date of such approval.
(5) Failure of the city to render a decision and communicate
it to the developer within the time and in the manner required by this chapter
shall be deemed an approval of the plan in terms as presented unless the developer
has agreed to an extension of time.
Any replatting or resubdivision, including changes to a recorded plan,
shall be considered as a new application and shall comply with all requirements
of this chapter.
A parcel of land may be added to an existing recorded lot for the sole
purpose of increasing the lot size, provided that:
A. The parcel to be added must be contiguous to the existing
lot.
B. The addition should maintain or improve the overall straightness
of lot lines.
C. The plan prepared for the addition of this parcel shall
follow the procedure outlined in this chapter, except that a preliminary plan
need not be filed.
D. The fee for a plan under this subsection shall be ten
dollars ($10.), plus two dollars ($2.) for each lot.