' ORDINANCE NO

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1 OFFICIAL BOROUGH OF OAKMONT County of Allegheny Commonwealth of Pennsylvania ' ORDINANCE NO AN ORDINANCE OF THE BOROUGH OF OAKMONT, COUNTY OF ALLEGHENY, COMMONWEALTH OF PENNSYLVANIA, ENACTING THE BOROUGH OF OAKMONT SUBDMSION AND LAND DEVELOPMENT ORDINANCE. NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Mayor and Borough Council of the Borough of Oakmont, regularly assembled, and IT IS HEREBY ORDAINED AND ENACTED by the authority of the same, that The Borough of Oakmont Subdivision and Land Development Ordinance shall be enacted to read as follows: AN ORDINANCE of the Borough of Oakmont, County of Allegheny, Commonwealth of Pennsylvania, regulating certain land subdivision, consolidation, and development activities in the Borough of Oakmont ( hereinafter "the Borough") by providing for a uniform method for the submission of preliminary and final plats to ensure the proper layout or arrangement of lane the proper design of streets to accommodate projected traffic and facilitate fire protection; the provision of adequate easements or rights of way, storm and sanitary drainage facilities, walkways, stormwater management and other required public facilities; in accordance with the authority granted to municipalities to regulate subdivision and land development by the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended (53 P.S , et seq.). The exact and correct Text of said ordinance continues on the following pages.

2 BOROUGH OF OAKMONT Allegheny County, Pennsylvania SUBDIVISION m LAND DEVELOPMENT ORDINANCE

3 TABLE OF CONTENTS BOROUGH OF OAKMONT SUBDMSION AND LAND DEVELOPMENT ORDINANCE ARTICLE DESCRIPTION PAGE ARTICLE 100 GENERAL PROVISIONS ARTICLE Short Title Grant of Power Purposes General Intent and Community Development Objective 'Interpretation and Definitions APPLICABILITY OF REGULATIONS Approval Required Compliance Required Exclusion of Certain Land Developments ARTICLE ARTICLE ARTICLE 500 PROCEDURE APPLICATION REQUIREMENTS Pre-Application Conference Preliminary Application Submission Preliminary Application Content Final Application Submission Final Application Content SUBDIVISION APPLICATION APPROVAL PROCEDURE General Preliminary Application Approval Final Application Approval Deemed Approval The Mediation Option Resolution Indicating Approval Posting of Completion Bond Development Agreement Approval by Other Agencies Recording of Final Plat Filing of Copies LAND DEVELOPMENT APPLICATION APPROVAL Applicability Land Developments Which Include Subdivisions of Land Multifamily Land Developments Land Developments on Previously Recorded Lots

4 ARTICLE ARTICLE ARTICLE INSPECTION AND ACCEPTANCE OF IMPROVEMENTS Progress Inspections Notice of Completion Filing of Record (As-Built) Plans Final Inspection and Approval Acceptance of Public Improvements Posting of Maintenance Bond Remedies to Effect Completion of Public Improvements Approval of Common Amenities REQUIRED IMPROVEMENTS Survey Monuments, Bench Marks and Lot Pins Utilities Streets Sidewalks Street Lights Street Signs DESIGN STANDARDS Applicability Review by the Borough Engineer Site Development Streets Traffic Impact Report Service Streets Easements Lots Storm Water Management Storm Sewers and Drainage Facilities Sanitary Sewers Public Water Supply Fire Hydrants Testing Street Lighting ARTICLE ARTICLE WAIVERS AND MODIFICATIONS Waivers for Simple Subdivisions Waivers for Other Subdivisions Notifications In Cases of Physical Hardship Modifications to Allow Equal or Better Specifications Procedure for Authorizing Modifications Abbreviated Procedures for Minor Plats and Plat Adjustments ADMINISTRATION AND ENFORCEMENT Application for Filing, Review and Inspection Fees Procedures for Amendments Appeals Preventive Remedies Enforcement Remedies Conflicts of Law Separability

5 APPENDIX A. B. C. D. Design Standards Planning Commission Procedural Guidelines Application for Subdivision Approval Application for Land Development

6 BOROUGH OF OAKMONT SUBDIVISION AND LAND DEVELOPMENT ORDINANCE ARTICLE 100 GENERAL PROVISIONS Short Title This Ordinance shall be h ow and may be cited as the Borough of Oakmont Subdivision and Land Development Ordinance Grant of Power This Ordinance is adopted in accordance with the authority granted to municipalities to regulate subdivision and land development by the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended (53 P.S , et seq.) Purposes A. The purposes of these Subdivision and Land Development Regulations are to: 1. Regulate certain land subdivision, consolidation, and development activities in the Borough by providing for a Uniform method for the submission of preliminary and final plats to ensure the proper layout or arrangement of land; the proper design of streets to accommodate projected traffic and facilitate fire protection; and the provision of adequate easements or rights of way, storm and sanitary drainage facilities, walkways, stormwater management and other required public facilities General Intent and Community Development Objective These Subdivision and Land Development Regulations are made in accordance with the community development objectives set forth in the Borough Zoning Ordinance and the Borough Comprehensive Plan, as may be updated from time to time and are intended to achieve the following goals: A. To promote, protect and facilitate the following: the public health, safety and general welfare; coordinated and practical community development; proper density of population; civil defense; disaster evacuation; the provision of adequate light and air, police protection, vehicle parking and loading space, transportation, water, sewage, schools, public grounds and other public requirements; and B. To prevent any or all of the following: overcrowding of land; blight; danger and congestion in travel and transportation; and loss of health, life or property from fire, panic or other dangers Interpretation and Definitions A. Interpretation. The word person includes a corporation, association, partnership, or individual. The words shall and will are mandatory; the word may is permissive. The word structure includes the term building. Words used in the present tense include the fbture tense. B. Definitions. As used in this Ordinance, the following terms shall have the meanings indicated:

7 1. Accessory Structure: Refer to the Zoning Ordinance of the Borough of Oalanont. 2. Accessory Use: Refer to the Zoning Ordinance of the Borough of Oakmont. 3. Act 247: (''The Act") Means the Municipalities Planning Code of 1968, P.L No. 247, as re-enacted and amended. 4. Allegheny County Department of Economic Development: The designated county planning department for purposes of this ordinance. 5. Applicant: A landowner or developer who has filed an application for a subdivision or development, including his or her heirs, successors and assigns. 6. Application for Development: Refer to the Zoning Ordinance of the Borough of Oakmont. 7. Arterial Street: Refer to the Zoning Ordinance of the Borough of Oakmont. 8. Block Refer to the Zoning Ordinance of the Borough of Oalanont. 9. Borough: The Borough of Oalanont, Allegheny County, Pennsylvania. 10. Borough Council: The Borough Council of the Borough of Oakmont Borough Engineer: A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed by Borough Council to serve as the engineer for the Borough. 12. Building Line: Refer to the Zoning Ordinance of the Borough of Oakmont. 13. Cartway: Refer to the Zoning Ordinance of the Borough of Oakmont. 14. Clear Sight Triangle: Refer to the Zoning Ordinance of the Borough of Oakmont. 15. Collector Street: Refer to the Zoning Ordinance of the Borough of Oalanont. 16. Completion Bond: A surety, in a form acceptable to the Borough, which may be a certified check, letter of credit, corporate performance bond or a labor and material payment bond ffom an approved Pennsylvania surety company, which guarantees the satisfactory completion of improvements required by this Ordinance. Without limitation as to other types of financial security which the Borough may approve, which approval shall not be unreasonably withheld, a Federal or Commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security. 17. Common Amenities: Those private improvements in a subdivision or land development plan which are required by this Ordinance or are voluntarily proposed by the developer and which are intended for the use and enjoyment of the residents or tenants of the subdivision or land development plan. 18. Condominium: Refer to the Zoning Ordinance of the Borough of Oakmont. 19. Consolidation: A combination of two or more lots, tracts or parcels of land for the purpose of sale or lease of a building or lot. 20. County: Allegheny County, Pennsylvania.

8 21. Cul de Sac: A dead-end street terminating in a vehicular turn-around. 22. Developer: Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made an application for development. 23. Double Frontage Lot: A lot having two or more of its non-adjoining property lines abutting on a street or streets. Refer to Lot, Through in the Zoning Ordinance of the Borough of Oakmont. 24. Drainage Easements: The lands required for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage. Refer to Easement. 25. Driveway, Private: A vehicular access route serving only one parcel or lot which provides access to a public street, but which does not provide access to any other lot or parcel under separate ownership. 26. Dwelling: Any building or portion thereof which is designated for or used for residential purposes. The word dwelling shall not include hotels, motels, or other structures used for transient residence. 27. Dwelling, Garden Apartment: A multi-family structure containing a minimum of four dwelling units and not exceeding three stories in height, sometimes designed around a court or common open areas, frequently having private balconies or patios. 28. Dwelling, Multiple Family Apartment: A building not to exceed five stones designed for and used exclusively for occupancy by three or more families, living independently of each other and characterized by common entrances. 29. Dwelling, Single Family Detached: A building designed for and used exclusively for occupancy by one family. 30. Dwelling, Townhouse or Row Dwelling: A multi-family dwelling on a zoning lot consisting of at least three but not more than six one-family dwelling units attached side by side sharing a common wall and not exceeding 150 feet in length Dwelling, Two Family (Duplex): A building designed or remodeled for and used exclusively for occupancy by two families living independently of each other. In any case where a building or structure contains solely two dwelling units, it shall be deemed to be a two-family dwelling, and not a multi-family (apartment) dwelling defined herein. 32. Dwelling Unit: One or more rooms designed to be used or occupied by one family for living purposes and containing private cooking, living, sanitary, and sleeping facilities for use solely by one family. All rooms comprising a dwelling unit shall have access through an interior door to other parts of the dwelling unit. 33. Easement: A grant by the owner of land for the use by others. 34. Engineer: A professional engineer licensed as such in the Commonwealth of Pennsylvania. The use of the word engineer shall not exclude the practice of topographic surveying as provided for in State law.

9 35. Environmental Critical Areas: Lands that include streams, their flood plains, steep areas and slopes in excess of twenty-five percent, that shall be restricted to their development for their resource values or hazardous nature. 36. Family: a) A single person occupying a dwelling unit and maintaining a household. b) Two or more persons related by blood, or legal adoption, or marriage; occupying a dwelling unit, living together and maintaining a common household. c) Not more than two unrelated persons occupying a single family dwelling unit, living together and maintaining a common household. This restriction does not apply to persons with disabilities, as defined in the Fair Housing Act, 42 U.S.C. 3601, et. seq. 37. Fee: The required charge established by this Ordinance to defiay the cost of processing an application, reviewing an application, or inspecting improvements during installation which shall be payable to the Borough in accordance with the requirements of this Ordinance. 38. Final Application: The written and graphic materials specified by this Ordinance to be submitted to the Borough in order to obtain final approval of a proposed subdivision or land development plan. 39. Final Plat: The map or plan of a proposed subdivision or land development containing all the information required by this Ordinance and the Allegheny County Subdivision Regulations for final plat approval and in a form acceptable for recording in the Office of the Allegheny County Recorder of Deeds. 40. Front Building Line: A line parallel to the street right of way line at a distance therefiom which is equal to the depth of the fiont yard required by the Zoning Ordinance for the zoning district in which the lot is located. 41. Frontage: The length of a property line bordering a public street right of way that is open to vehicular traffic. 42. Inspector: The Borough Engineer or his, or any other authorized representative assigned by Borough Council, including but not limited to the Borough Building Inspector, to make necessary inspections of the work performed and materials furnished by a developer, land owner, or their contractors, installing improvements required by this Ordinance. 43. Land Development: Any of the following activities: a) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving: 1) A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or 2) The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features. b) Subdivision of land. c) Development in accordance with section

10 44. Land Development Plan: A plan which encompasses a proposed land development, which, in addition to a plat of subdivision, if required, includes: a) b) c) d) All covenants relating to the use of the structures; The intensity of use or density of development; Streets, ways and parking facilities; Common open space and public facilities. The land development plan shall include all of the written and graphic information required by this Ordinance. 45. Land Development, Single Lot: The land development, as defined herein, which involves a single nonresidential building or structure on a lot or lots which are part of a plan of subdivision which has been duly recorded in the Office of the Allegheny County Recorder of Deeds. 46. Landowner: The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition); a lessee, if he or she is authorized under the lease to exercise the rights of the landowner; or other persons having a proprietary interest in the land. 47. Lot: Refer to the Zoning Ordinance of the Borough of Oalanont. 48. Maintenance Bond: A surety, in a form acceptable to the Borough, which may be a certified check, letter of credit, corporate bond from an approved Pennsylvania surety company, which guarantees the repair or maintenance of improvements required by this Ordinance, for a specified period after their completion and acceptance by the Borough. Without limitation as to other types of financial security which the Borough may approve, which approval shall not be unreasonably withheld, a Federal or Commonwealth chartered lending institution irrevocable letters of credit and restrictive or escrow accounts in such lending institutions shall be deemed acceptable financial security. 49. Mediation: A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable. 50. Multifamily Development: Any land development which proposes one or more multiple family dwellings Official Date of Filing: a) The date of the regular Planning Commission meeting next following the date the application was filed and at which an application for approval under this ordinance is accepted by the Planning Commission as complete in its content and properly filed in accordance with the requirements of this Ordinance or after a final order of the court remanding an application, and; b) Should the said next regular meeting occur more than 30 days following the filing of the application or the final order of the court, the 30 day following the day the application was filed. 52. Ordinance: All references to Ordinance or this Ordinance refer to the Borough of Oalanont Subdivision and Land Development Regulations. 53. Parcel: A tract of land separately owned and described in a deed recorded in the Office of the Allegheny County Recorder of Deeds.

11 54. Plan, Comprehensive: The Comprehensive Plan for the Borough of Oakmont, consisting of maps, charts, textual matter and adopted by Borough Council in accordance with law. 55. Planning Commission: The Borough of Oakmont Planning Commission. 56. Plat: A map or plan, either preliminary or final, indicating the subdivision, consolidation or redivision of land or a land development. 57. Preliary Application: The written or graphic materials, including the application form and preliminary plat, specified by this Ordinance to be submitted to the Borough in order to obtain preliminary approval of a proposed subdivision or land development. 58. Preliminary Plat: The preliminary map or plan of the proposed land development or subdivision that is submitted for Borough consideration. 59. Principal Building: The building or buildings on a lot in which the principal use or uses are conducted. 60. Principal Use: The primary or predominant use of any lot or structure. 61. Private Improvements: All streets, walkways, gutters, stormwater management facilities, curbs, sewers and other facilities to be owned, maintained or operated by a private entity such as an individual, corporation or Homeowners Association. 62. Public Hearing: A formal meeting held pursuant to public notice by the governing body or planning agency, intended to inform and obtain public comment, prior to taking action in accordance with this Ordinance. 63. Public Improvements: All streets, walkways, gutters, stormwater management facilities, curbs, sewers and other facilities to be dedicated to or maintained by the Borough for which plans and specifications must comply with the Public Improvements Code of the Borough. 64. Public Improvement Code: A document entitled Borouah of Oakmont Public Immovements Code prepared by the Borough Engineer, adopted by Ordinance by Borough Council upon recommendation of the Borough Engineer, and as amended; copies of which are on file with the Borough Manager and Borough Zoning Officer. 65. Public Meeting: A forum held pursuant to notice under the act of July 3, 1968 (P.L. 388, No. 84), known as the Sunshine Act. 66. Public Notice: A notice published once each week for two (2) successive weeks in a newspaper of general circulation in the Borough. Such notice shall state the time and place of the public hearing and the particular nature of the matter to be considered at the public hearing. The first publication shall be not more than thirty (30) days or less than seven (7) days from the date of the public hearing. 67. Right of Way: That portion of land dedicated to public or private use for street or utility purpose. 68. Sight Distance: The maximum distance of unobstructed vision, in a horizontal or vertical plane, along a street from a vehicle located at any given point on the street which shall take into account visibility over a crest, vertical curve and the extent of headlight illumination across a sag vertical curve. Sight distance

12 I also means the distance an object two (2) feet above the pavement of a street is visible fiom an eye level four-and-one-half (4-1/2) feet above the pavement (the average height of an automobile operator s eye). 69. Simple Subdivision: A subdivision containing no more than three (3) lots, each of which are not of sufficient size to be fiuther subdivided in accordance with the requirements of the Zoning District in which they are located and which are proposed for single family dwellings, all of which have fiontage on an improved public street, and not involving any new street or the extension or creation of any municipal facilities or public improvements and which does not adversely affect the future development of the remainder of the parcel or any adjoining property. 70. Street: A street, avenue, boulevard, road, highway, fieeway, parkway, lane, alley, viaduct and any other ways, whether public or private, used or intended to be used by vehicular traffic or pedestrians, and including the entire right of way and cartway. 71. Street, Arterial: Refer to the Zoning Ordinance of the Borough of Oalanont. 72. Street, Collector: Refer to the Zoning Ordinance of the Borough of Oalanont. 73. Street, Local: A street that is primarily for access to the abutting properties and to discourage through traffic. Certain minor streets may be cul-de-sacs. 74. Street, Private: A street, including the entire private right of way, which is privately owned and maintained through private agreement and which is intended for private use. A private street provides access to several lots or parcels which do not have access to a public street and which require access to a public street through the private street. (Refer also to Driveway, Private). A private street is permitted only through modification of the requirements of these provisions, approved by Borough Council. 75. Street, Public: A street, including the entire public right of way, which has been dedicated to and accepted by the Borough or which has been devoted to public use by legal mapping, use or other means. 76. Street, Service: A short street or alley, whether public or private, designed only to provide secondary access to a structure or group of structures or to parking and loading facilities accessory to the structures and which is not intended for general traffic circulation. 77. Structure: Refer to the Zoning Ordinance of the Borough of Oakmont. 78. Structure, Accessory: Refer to the Zoning Ordinance of the Borough of Oakmont. 79. Structure, Alteration of Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, columns, beams or girders. 80. Structure, Principal: Refer to the Zoning Ordinance of the Borough of Oakmont Subdivision: The division or re-division of a lot, tract or parcel of land by any means into two (2) or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development: Provided, however, that

13 LULL. the subdivision by lease of land for agricultural purposes into parcels of more than ten acres, not involving and new street or easement of access or any residential dwelling, shall be exempted. 82. Subdivision, Simple: Refer to Simple Subdivision. 83. Surveyor: A registered professional land surveyor licensed as such by the Commonwealth of Pennsylvania. 84. Watercourse: A channel, creek, ditch, drain, dry run, spring or stream. 85. Zoning Ordinance: Means the Borough of Oakmont Zoning Ordinance, Ordinance , as amended. 86. Zoning Officer: The administrative officer appointed by Borough Council who shall administer and enforce the provisions of the Zoning Ordinance in accordance with its literal terms. 87. Zoning Official: Refer to Zoning Officer. ARTICLE 200 APPLICABILITY OF REGULATIONS Approval Required A. A subdivision plat, consolidation plat or land development plan approved in accordance with these Subdivision Regulations shall be required for: 1. Any land development, as defined by this Ordinance, other than those exclude( by Section of this Ordinance. 2. Any subdivision, as defined by this Ordinance. 3. The consolidation, as defined by this Ordinance, of two (2) or more lots, tracts or parcels of land for the purpose of one (1) development or re-subdivision; and 4. Any development in which the developer proposes or intends to construct streets or any other public improvement to be dedicated to the Borough for public use Compliance Required A. No lot in a subdivision or land development may be leased, transferred or sold and no permit to erect, alter, repair or occupy any building or use any land in subdivision or land development may be issued unless such subdivision or land development shall have been approved and properly recorded and until such improvements as required by this Ordinance shall have been constructed or guaranteed, as provided for by this Ordinance. B. The description by metes and bounds in an instrument of transfer or documents used for selling or transferring property shall not exempt the seller or transferor fiom complying with the requirements of this Ordinance Exclusion of Certain Land Developments A. The following types of land developments are hereby excluded ffom the provisions of this Ordinance governing land developments, as defined herein:

14 1. The conversion of an existing single family dwelling or two family dwelling into not more than three (3) residential units, unless such units are intended to be a condominium; or 2. The addition of an accessory building, on a lot or lots subordinate to an existing principal building. ARTICLE 300 APPLICATION REQUIREMENTS Pre-Application Conference A. Prior to filing an application for preliminary approval, the prospective applicant shall contact the Borough Zoning Officer to obtain copies of ordinances and information about application procedures and to obtain the proper application forms for processing a proposed subdivision or land development. B. The prospective applicant shall appear before the Planning Commission for a Pre- Application conference to discuss the applicable regulations governing subdivision andor development of the property, the feasibility and timing of the application. 1. In order to assist the Planning Commission in understanding the proposed subdivision or land development, a prospective applicant may submit a Sketch Plan at a minimum scale of 1 = 100 on drawings with dimensions not exceeding twenty-four inches (24 ) by thirty-six inches (36 ) which contain enough detail to show the following information: a) Existing structures on the site; b) Existing zoning classification of property; c) Adjacent land uses; d) Proposed streets; e) Existing and proposed contours; f) North mow, scale and location map; g) Legend showing the number of lots, total site acreage and minimum lot areas and lot widths; h) Feasibility of providing utilities; and i) Feasibility of providing storm water retention. 2. The prospective applicant shall be present to make a brief presentation describing the site, the Sketch Plan, if any, and the general nature of the anticipated subdivision and land development. C. No fee shall be charged for a Pre-Application Conference. Voluntary submission of a Sketch Plan by a potential applicant for discussion at a Pre-Application Conference shall not constitute filing of an official application for approval of a subdivision or land development and the Pre-Application Conference shall not result in the approval or disapproval of the Sketch Plan. 1. This opportunity is afforded to prospective applicants to obtain information and guidance prior to entering into binding commitments or incurring substantial expenses for plan preparation Preliminary Application Submission

15 A. The applicant shall file twelve (12) copies of an application for Preliminary Approval to the Borough Zoning Officer using a form provided by the Borough. Refer to the Official Date of Filing. B. The Preliminary Application shall not be considered to be complete and properly filed unless and until all items required by Section of this Ordinance, including the Application Fee, have been received. C. Upon receipt, copies of the application shall be distributed to: 1. Each member of the Planning Commission. 2. The Borough Engineer. 3. The Borough Zoning Officer. a) The Borough Zoning Officer shall submit one (1) copy of the application to the Allegheny County Department of Economic Development for review and comment within five (5) days of receipt. Copies may also be refenred to other appropriate review agencies at the request of the Planning Commission. b) Other review agencies may include: 1) Pennsylvania Department of Transportation. 2) Pennsylvania Department of Environmental Resources. 3) Allegheny County Department of Engineering and Construction. 4) Allegheny County Department of Health. 5) Allegheny County Conservation District. 6) United States Army Corps of Engineers. 7) Borough of Oakmont Fire Department. 8) Municipal Authority of the Borough of Oakmont. 9) Natural gas, electric, telephone and cable television suppliers. 10) Postmaster. 11) Federal Aviation Administration. 12) Adjoining municipalities. D. Subdivision plans which propose twenty (20) or more single family lots and all land developments which propose multi-family developments containing ten (1 0) or more dwelling units or any nonresidential development shall be referred to the Borough Engineer for review of traffic impact. If it is determined that a traffic study is warranted, the cost shall be borne by the applicant. E. The preliminary application will be assessed for completeness in accordance with Section Preliminary Application Content A. All Amlications for Preliminary Approval of a subdivision and/or land development shall include the following: 1. Completed Application Form (form supplied by the Borough); 2. Application Filing Fee, as required by Section of this Ordinance; 3. Twelve (12) copies of a Preliminary Plat, containing the following information: a) A written legal description of the property, including metes and bounds. b) A boundary survey by a registered professional surveyor and topographical survey of the total proposed subdivision by a registered engineer or registered surveyor. If the developer intends to develop a tract of land in phases, the preliminary plat must include the total tract.

16 c) The proposed name of the subdivision or land development. d) The name, address, certification and seal of the registered engineer or registered surveyor who prepared the plat and the registered surveyor who did the survey shown on the plat. e) The names and addresses of the developer and, if the developer is not the landowner, the names and addressed of the landowner. fj The names of all adjoining property owners. g) The proposed street layout in the subdivision, indicating whether the streets are proposed to be public or private. h) The layout of lots (showing scaled dimensions), lot numbers and the area of lots in square feet. i) Parcels of land proposed to be reserved for schools, parks, playgrounds or other public, semi-public or community purposes. j) The legend and notes. k) Front building lines. 1) The graphic scale, North point and date. m) A location map showing the plan name and location; major existing thoroughfares related to the site, including the distance therefrom, title, graphic scale and North point. n) Existing and proposed contours at intervals of elevation not more than five (5) feet where the slope is ten percent (10%) and at intervals of not more than two (2) feet where the slope is ten percent (10%) or less. 0) Existing streets and rights of way on or adjoining the site, including dedicated widths, roadway widths, approximate gradients, types and widths of pavements, curbs, sidewalks and other pertinent data. p) Existing and proposed easements, locations, widths and purposes. 4) Proposed public improvements. The size of each should be shown and the location of, or distance to, each existing utility indicated. r) The existing platting of land adjacent to the site. All existing buildings, sewers, water mains, culverts, petroleum or high-pressure gas lines and fire hydrants on or within 200 feet of the site shall be shown. s) Tabulation of site data, including total acreage of land to be subdivided, the number of residential lots, typical and minimum lot sizes, the acreage in the subdivision or land development and the acreage in any proposed recreation or other public areas. t) Existing watercourses, wetlands, tree masses, unique habitat or vegetation areas and other significant natural features. u) Plans for the management of storm water. v) Areas subject to periodic flooding, as identified on the current Official Map for the Borough issues by the Federal Insurance Administration.

17 . w) A traffic impact report, if required by Section of this Ordinance. B. Additional Resuirements for Land Develo~ments. For all applications which propose a land development, as defined herein, for multifamily housing containing ten (10) or more dwelling units or any nonresidential purpose, the following information also shall be required to be submitted as part of the Preliminary Application: 1. Where evidence exists of undermining, landslide prone soils or other geologic hazards on the site, a geologic report by a qualified registered professional engineer regarding soil and subsurface conditions and the probable measures needed to be considered in the design of the development, the location of structures and the design of foundations, if any. 2. Data from the U.S. Soil Conservation Service concerning soil conditions and water resources. 3. A Soil Erosion and Sedimentation Control Plan prepared by a person trained and experienced in control methods and techniques which conforms to the requirements of the Pennsylvania Clean Streams Law and Chapter 102 of the Rules and Regulations of the Pennsylvania Department of Environmental Resources governing Erosion Control. The plan shall be approved by the Allegheny County Conservation District. 4. A report evaluating the impact of the development on existing off-site public facilities and utilities, including, but not limited to, storm sewers, sanitary sewers, parks, and schools. 5. A landscaping plan showing compliance with all applicable buffer area and landscaping requirements of the Borough Zoning Ordinance. 6. Twelve (12) copies of a land development plan, as defined by this Ordinance, which includes the following information: a) The zoning classification of the area to be subdivided and/or developed. b) The proposed use, location, area, height and bulk of all existing and proposed structures and dimensions of all yards. c) The layout of parking areas and a computation of the number of parking spaces to be provided. d) Patterns of pedestrian and vehicular circulation on the site, ingress, egress, and circulation into and out of the site. e) Location, size and specifications for private improvements such as streets, curbs, sidewalks, driveways, parking areas, landscaping strips or planters, wheelstops and the like. f) Location, size and specifications for public improvements, if any. g) Location and specifications for lighting of parking areas and walkways. h) The location and types of proposed landscaping materials. i) Dates of preparation and revision to the plan. j) Evidence of preparation by a registered engineer.

18 Final Application Submission A. General Procedure: 1. After a Preliminary Application has been approved by Borough Council, the developer may proceed by filing either of the following types of applications: a) A final application without final plat approval, whereupon required improvements are installed prior to a request for final plat approval; or b) A final application, including final plat approval, together with the Completion Bond to guarantee proper installation of required improvements in the plan. 2. In either case, the applicant shall submit eight (8) copies of the Final Application to the Borough, at least ten (10) working days, but no sooner than twenty (20) working days, prior to the regular meeting of the Planning Commission. A copy of the approved Preliminary Plan shall accompany the final application. 3. Upon receipt, copies of the application shall be distributed to the Borough Engineer, members of the Planning Commission and the President of Borough Council. B. Final Application Including Final Plat Approval. 1. A Final Application shall not be considered to be complete and properly filed unless and until all items required by Section of this Ordinance, including the Application Fee, have been received. C. Final Application Without Final Plat Approval. 1. In the case of a Final Application which does not include final plat approval, the Completion Bond required by Section shall not be required; however, all other materials required to complete a Final Application, including the Final Plat required by Section , shall be submitted. a) The Application Fee shall be submitted at the time of filing the Final Application Without Plat Approval and additional fees shall not be charged at the time of the request for final plat approval, if the request for final plat approval is submitted within twelve (12) months of the date of submission of the Final Application Without Plat Approval Final Application Content A. All applications for Final Approval of a subdivision and/or land development shall include the following: 1. Completed application form supplied by the Borough. 2. Application filing fee, as required by Section of this Ordinance. 3. The recorded plan deposit required by Section of this Ordinance. 4. One (1) copy of the approved Preliminary Plan. I Construction Plans for public improvements prepared by a registered engineer drawn at a minimum scale of 1 = 50 on sheets measuring twenty-four by thirty-six inches (24 x 36 ) showing the following:

19 I. * a) Conformity with,,e Design Standards specified in Article 800 of this Ordinance and all applicable standards of the Borough Public Improvements Code; b) Plan and profile drawings of each street in the plan and at least two hundred (200) feet beyond the limits of the plan; c) Cross sections at intervals not to exceed fifty (50) feet and extending fifty (50) feet on each side of the street centerline or twenty-five (25) feet outside of the street right of way, whichever is greater; d) All drainage easements over private property; e) The location of all necessary sewers, manholes and catch basins; f) The top and invert elevation of each inlet and manhole, together with the grade and material of construction of each storm sewer line; g) The grade line, distance and pipe size of each line in the storm drainage system within the plan and any storm drainage system immediately adjacent thereto; h) All pipe sizes and distances shown by plan and profile; i) Sanitary sewers, showing the top and invert elevations of manholes together with the grade and material of construction of each sewer line, approved by the Municipal Authority of the Borough of Oakmont; j) Water lines and material of construction, approved by the Municipal Authority of the Borough of Oakmont. 6. Areas set aside for underground utilities, including, but not limited to, electric, telephone, cable TV and natural gas. 7. Storm Water Management Plan, including computations. 8. Erosion and Sedimentation Control Plan as filed with the Soil Conservation Service (SCS), including a copy of the transmittal letter and evidence of the SCS approval. 9. Completion Bond to guarantee proper installation of public improvements as required by Section of this Ordinance and common amenities, except in the case of Final Applications Without Final Plat Approval, as provided for in Section of this Ordinance. 10. Final covenants and restrictions applicable to the plan, if any; and 1 1. Final Plat in accurate and final form for recording which clearly delineates the following: a) Accurate boundary lines, with dimensions and bearings. b) Accurate locations of all existing and recorded streets intersecting the boundaries of the tract of land described in the Final Plat. c) Street names.

20 d) Complete curve data for all curves included in the Final Plat, including radius, arc length, chord bearing and chord distance. Lines which join these curves that are non-radial or non-tangential should also be so noted. e) Street lines with accurate dimensions in feet and hundredths of feet. f) Lot numbers, dimensions and area in square feet. g) Easements for public improvements and any limitations on such easements. h) Accurate dimensions of any property to be reserved for public, semi-public or community use. i) Location, type and size of all concrete monuments and lot markers in accordance with the requirements of Section of this Ordinance and an indication of whether they were found or set. j) The name of the subdivision or land development. k) The names and addresses of the developer, and, if the developer is not the landowner, the names and addresses of the landowner. 1) The North point, graphic scale and date. m) Certification and seal by a registered surveyor to the effect that: 1) The plat represents a survey made by him, showing the status of all monuments; and 2) All surveying requirements of this Ordinance have been filly complied with. n) Certification by a registered professional engineer regarding compliance with all engineering requirements of this Ordinance. 0) Certification clause, as required by Allegheny County Planning Commission, regarding the dedication of streets and other property. p) A place on the plat for approval by the Planning Commission, Borough Council, the Borough Engineer and the County Planning Commission. q) Final building lines. If applicable, a notation on the plat that access to a State highway shall only be authorized by a highway occupancy permit issued by the Pennsylvania Department of Transportation under Section 420 of the State Highway Law (P.L. 1242, No. 428 of June 1,1945). ARTICLE 400 SUBDMSION APPLICATION APPROVAL PROCEDURE General D. All subdivisions, as defined by this Ordinance, shall be subject to the following procedures for approval Preliminary Application Approval

21 . A. Planning Commission Review: 1. At the first regular meeting of the Planning Commission after the Official Date of Filing, the Planning Commission shall either accept the application as properly filed or return the application to the applicant for resubmission, if the application is found to be incomplete or improperly filed based upon the Borough Engineer s review. a) The Official Date of Filing of an application shall represent the beginning of the sixty (60) day period for Planning Commission review and comment on the application. 2. The Borough Engineer shall present a written report at the Planning Commission meeting that states whether an application meets the requirements of this Ordinance for content of a Preliminary Application and that report shall be referenced in the minutes at the Planning Commission meeting. a) The Planning Commission shall not make a recommendation to Borough Council on the Preliminary Plat until the report of the Borough Engineer regarding the completeness of the application has been received or thirty (30) days fiom official date of filing has passed. B. Planning Commission Approval of Preliminary Plat: 1. Within sixty (60) days of the official date of filing of the Preliminary Application, the Planning Commission shall make a written recommendation to Borough Council for approval, approval with conditions, or disapproval of the Preliminary Application, including the Preliminary Plat. a) The Planning Commission shall not make its recommendation until the review has been received fiom the Allegheny County Department of Economic Development or until thirty (30) days have passed since the date that the application was submitted to the County for review. 2. The recommendation of the Planning Commission shall provide reasons for the recommendation and, in the case of disapproval, shall cite the specific requirements of this Ordinance that have not been met. C. Borough Council Action: 1. Within ninety (90) days of the official date of filing of the Preliminary Application, Borough Council shall either approve, approve with conditions or disapprove the Preliminary Application at a public meeting. The recommendation of the Planning Commission and the Planning Commission minutes containing the report of the Borough Engineer shall be made a part of the record at that meeting. 2. A letter indicating approval, approval with conditions or disapproval shall be sent to the applicant by regular mail within fifteen (1 5) days of the date of the decision. If the Preliminary Application is not approved, Borough Council shall specify the defects found in the Preliminary Application and cite the requirements of this Ordinance which have not been met. D. Conditional Approval: 1. If Borough Council determines that certain conditions are warranted to be attached to Preliminary Approval to protect the public interest and guarantee compliance with the requirements of this Ordinance, the conditions of approval

22 22 v. shall be specified, in writing, in the notice of conditional approval required by Section D of this Ordinance. a) The applicant shall accept or reject the conditions attached to Preliminary Approval by giving written notice to the Borough Zoning Officer within thirty (30) days of the date of the meeting of Borough Council at which Preliminary Approval is granted. b) If the applicant fails to give written notice to the Borough regarding acceptance or rejection of the conditions attached to Preliminary Approval within the required thirty (30) days, Preliminary Approval shall automatically be rescinded without written notice to the applicant Final Application Approval A. Final Applications Including Final Plat Approval: 1, At the first regular meeting of the Planning Commission after the date of filing of a Final Application, the Planning Commission shall either accept the application as properly filed or return the application to the applicant for resubmission, if the application is found to be incomplete or improperly filed based on the Borough Engineer s review. a) The Official Date of Filing of an application shall represent the beginning of the sixty (60) day period for Planning Commission review and comment on the application. 2. The Borough Engineer shall present a Written report at the Planning Commission meeting that states whether the application meets the requirements of this Ordinance for content of a Final Application and that report shall be referenced in the minutes of the Planning Commission meeting. a) The Planning Commission shall not make a recommendation to Borough Council on the Final Application until the report of the Borough Engineer regarding completeness has been received or thirty (30) days from the date of official filing has passed. B. Planning Commission Recommendation for Final Plat: 1. Within sixty (60) days of the official date of filing of the application, the Planning Commission shall make a written recommendation to Borough Council for approval, approval with conditions or disapproval of the Final Application, including the Final Plat. a) The recommendation of the Planning Commission shall provide reasons for the recommendation and, in the case of a recommendation for disapproval, shall cite the specific requirements of this Ordinance that have not been met. C. Borough Council Action: 1. Within ninety (90) days of the official date of filing of the Final Application, Borough Council shall approve, approve with conditions or disapprove the Final Application at a public meeting and communicate this to the applicant. a) The applicant may agree in writing to an extension of time or to a change in the manner of presentation of the communication. b) The Planning Commission s recommendation and the Planning Commission minutes referencing the report of the Borough Engineer shall be made part of the record at that meeting.

23 i.. 2. A letter, indicating approval, approval with conditions or disapproval shall be sent to the applicant by regular mail within fifteen (1 5) days of the date of the decision. Alternatively, direct communication of the written decision may indicate the same within the same time period. a) If the Final Application is not approved, Borough Council shall specify the defects found in the Final Application and cite the specific requirements of this Ordinance which have not been met. D. Conditional Approval: 1. If Borough Council determines that certain conditions are warranted to be attached to Final Approval to protect the public interest and guarantee compliance with the requirements of this Ordinance, the conditions of approval shall be specified, in writing, in the notice of conditional approval required by Section C of this Ordinance. 2. The applicant shall either accept or reject the conditions attached to Final Approval either by giving written notice to the Borough Zoning Officer or by executing the Development Agreement required by Section of this Ordinance within thrty (30) days of the date of the meeting of Borough Council at which Final Approval is granted. a) If the applicant fails to give written notice to the Borough regarding acceptance or rejection of the conditions attached to Final Approval or fails to execute the Development Agreement within the required thirty (30) days, Final Approval shall automatically be rescinded without written notice to the applicant. E. Final Applications Without Final Plat Approval: 1. Final Applications Without Final Plat Approval shall be approved or disapproved in accordance with the procedures specified in Sections A, B, and C for Final Applications Including Final Plat Approval. a) If the developer s Final Application has obtained all necessary permits and approvals &om the Borough and County, State or Federal agencies, if any are required, the developer may proceed to construct improvements as indicated in the Final Application seventy-two (72) hours after the developer has notified the Borough Engineer by certified mail. The Borough Engineer shall then authorize the Inspections required by Section of this Ordinance. F. Final Plat Approval After Completion of Improvements: 1. Upon completion of the improvements contained in the Final Application, the developer shall notify the Borough, in writing, of the completion and shall submit five (5) copies of the Final Plat, as required by Section A.11 of this Ordinance, with the notice of completion. 2. Within ten (IO) days of the receipt of the notice of completion and submission of the Final Plat, Borough Council shall authorize the Borough Engineer to inspect the improvements and review the Final Plat to determine whether the Final Plat is in conformance with the previously approved Final Application and all applicable requirements of this Ordinance and whether the proper officers of the Borough can affix their signatures to the Final Plat for recording purposes.