A. 
General description of procedures. Each application for review of a subdivision and/or land development shall be made on a form prescribed by the Borough. The procedures for consideration of a subdivision and/or land development include:
(1) 
Optional plan procedures.
(a) 
Preapplication review (§ 194-202A). This procedure provides the applicant an opportunity to receive recommendations and guidance from the Borough staff while the project is at an early stage.
(b) 
Sketch plan review (§ 194-202B). This procedure provides the applicant a formal review process to receive recommendations and guidance from the Borough staff, consultants and Borough Planning Commission.
(2) 
Mandatory plan procedures.
(a) 
Preliminary/final plan application (§ 194-203A). This procedure is a combined submission of a preliminary plan application and final plan application.
(b) 
Preliminary plan application followed by final plan application (§ 194-203B). This procedure is for receiving separate approval of a preliminary plan application before submission of a final plan application. This procedure accommodates phased development and other procedural benefits that are derived from a multilevel submission process.
(3) 
Special plan procedures.
(a) 
Accessory dwelling unit [§ 194-204B(1)]. This limited type of housing is defined and regulated in Chapter 225, Zoning and is not required to comply with the plan-processing procedure specified in this chapter.
(b) 
Revised final plan application [§ 194-204B(2)]. This procedure is for correction of an obvious error or a minor alteration in a previously approved application.
(c) 
Lot line adjustment application [§ 194-204B(3)]. This procedure is for an addition of a parcel of land to an abutting lot with no additional lot being created.
B. 
Discretionary procedures. Procedures described in this chapter that are not mandated by the provisions of the MPC are discretionary as to the Borough's obligation. Failure of the Borough to abide by such procedures shall not invalidate any action taken herein. However, all procedures are mandatory as to the applicant, unless waived by Borough Council, pursuant to § 194-205.
C. 
Borough staff and consultant review. Every plan shall be subject to Borough staff and consultant review prior to recommendations by the Planning Commission and decision by Borough Council. The applicant is not entitled to participate in, or be present at, Borough staff or consultant reviews; however, where deemed appropriate, the applicant and/or his authorized agent may be invited to attend.
D. 
Decision by Borough Council. The official Borough decision on any application filed under this chapter rests solely with Borough Council.
E. 
Special exception or conditional use. Whenever Chapter 225, Zoning provides that the use proposed by the applicant shall constitute a use by special exception or a conditional use, the applicant shall obtain such special exception or conditional use approval from the Zoning Hearing Board or Borough Council, as applicable, prior to the submission of an application for preliminary/final plan or final plan approval. The application shall conform to any conditions which have been imposed upon the granting of such special exception or conditional use.
F. 
Variance. Whenever the applicant proposes to develop a subdivision and/or land development in a manner that would require a variance from any requirements of Chapter 225, Zoning, the applicant shall obtain such variance from the Zoning Hearing Board prior to the submission of an application for preliminary/final plan or final plan approval. The application shall conform to any conditions which have been imposed upon the granting of such variance or variances by the Zoning Hearing Board.
G. 
Application revisions after submission. Revisions or additions to the application are not permitted after the Planning Commission makes its recommendation to Borough Council. Only the material acted upon by the Planning Commission will be considered by Borough Council.
H. 
Schedule for review and action.
(1) 
The time frame for review and action with respect to subdivision and/or land development plan applications shall be as set forth in the MPC.
(2) 
At such time and under such circumstances as the Borough staff and consultants shall determine that Planning Commission and/or Borough Council consideration is appropriate, the application shall be placed on the next available Planning Commission or Borough Council agenda and the applicant so notified. Attendance at the Planning Commission and Borough Council meetings by the applicant or agent is required.
I. 
Fees. The Borough shall establish, by resolution, certain fees to be paid at the time of filing an application for plan review. Upon filing of an application, the Borough shall establish an account in the name of the applicant and bill to the account those fees and expenses incurred in the course of review as permitted by law. Any failure by this chapter to pay such fees as required by the application shall constitute grounds for rejection of the application.
J. 
Effect of plan notes. All notes on an approved plan shall be deemed mandatory and constitute requirements, obligations, covenants, or restrictions, all of which shall run with the land and bind the applicant and its agents, servants, employees, contractors, transferees, grantees, heirs, successors, and assigns.
K. 
Submission of multiple design concepts. Submission of more than one design concept for the same property is allowed, provided each design concept is a separate, independent, application. Each submission shall reference withdrawal of all other design concepts when final approval of the plan is attained. No applicant is entitled to approval of multiple design concepts for the same property.
L. 
Applicant's duty of good faith.
(1) 
Upon the filing of an application for review under this chapter, the applicant shall exercise good faith and promptly address or otherwise respond substantively to the review comments and requirements of the Borough and its staff and consultants.
(2) 
It is the duty of the applicant to move the plan to completion in a prompt, timely, and diligent manner so as to enable formal action by the Planning Commission or Borough Council, as the case may be, and to comply with all conditions of plan approval imposed by the Borough Council, and to record the plan.
(3) 
The Borough is not obligated to accept an applicant's offer of a time extension for plan review or grant a continuance of any hearing, meeting, or review.
M. 
Unsworn falsification to authorities. All statements made, whether written or oral, to the Borough in the course of the land development plan or subdivision plan procedures, shall be true and correct to the best of the knowledge, information and belief of the applicant, or its agents and consultants, and with the understanding that any false statement is subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
N. 
Submission constitutes public record (waiver of copyright).
(1) 
By making a submission under this chapter, the applicant acknowledges and agrees that all documents and other information submitted to the Borough pursuant to this chapter constitute public records within the meaning of the Pennsylvania Right-to-Know Law, Act 3 of 2008,[1] as amended, and are therefore subject to review and reproduction upon request in accordance with that law and applicable Borough ordinances and resolutions.
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
(2) 
To the extent that any documents or materials constitute public records but are subject to copyright protection pursuant to applicable law, the applicant and all of its agents, employees and consultants, by filing such documents with the Borough pursuant to this chapter, shall be deemed to have waived all copyright protection and damages relating hereto. This waiver of copyright protection shall relate only to the reproduction and use of such documents in connection with the review, analysis, or approval of an application and the use of the information contained within such documents for the purpose of review, comment, and analysis of the application.
(3) 
By making a submission under this chapter, the applicant hereby agrees to indemnify, defend and hold harmless the Borough and all its agents, servants, employees, officials and consultants of and from any and all claims, damages, suits or causes of actions arising out of violations or allegations of violations of copyright law.
A. 
Preapplication procedure. The applicant may discuss plans under the preapplication procedure with Borough staff prior to a formal submission under §§ 194-202B, 194-203, 194-204, or 194-205. The purpose of the preapplication procedure is to afford the applicant an opportunity to receive input from the Borough staff while the project is at an early stage and before the formal filing of a plan. The preapplication review shall not be considered submission of a plan for the purpose of determining approval, nor is this filing subject to Section 508 of the MPC.[1] No legal rights are attached to the preapplication procedure.
[1]
Editor's Note: See 53 P.S. § 10508.
B. 
Sketch plan procedure.
(1) 
Purpose. The applicant may submit an application using this procedure before submission under §§ 194-203, 194-204 or 194-205. The purpose of the sketch plan review is to afford the applicant an opportunity to receive recommendations and guidance from Borough staff, consultants, and, if requested, the Planning Commission while the project is at an early stage.
(2) 
Submission procedure. Applications may be submitted to the Borough on any business day but must be received by the Borough no later than 15 calendar days prior to a Borough Planning Commission meeting in order to be considered for placement on the agenda. The Borough reserves the right to determine in its sole discretion when an application will be placed on an agenda.
(3) 
Application requirement. All applications shall include a completed application form; fee; escrow deposit; five full sets of plans; 14 full sets of plans reduced to tabloid sheet size; two full sets of required documents; and a PDF of the entire submission. The Borough may require additional copies of the above-referenced material.
(4) 
Review. The application is reviewed by Borough staff, consultants and, if requested by the applicant, the Planning Commission. If the application notes a request for Planning Commission review, Borough staff shall determine when the application will be placed on the Planning Commission agenda and notify the applicant. Attendance at the Planning Commission meeting by the applicant or agent is necessary to discuss all aspects of the application.
(5) 
Legal rights. No legal rights attach to the sketch plan application, and Section 508 of the MPC[2] shall not apply.
[2]
Editor's Note: See 53 P.S. § 10508.
A. 
General. The filing of an application under this section is mandatory for all subdivision and land development plans, except as provided in § 194-204, Special procedures.
B. 
Preliminary/final plan application procedure.
(1) 
Purpose. The preliminary/final plan application provides a procedure for the combined submission of an application for preliminary plan application and final plan application. In the alternative, the applicant may sequentially submit a preliminary plan followed by final plan under § 194-203C.
(2) 
Submission procedure.
(a) 
The application may be submitted to the Borough on any business day but must be received by the Borough no later than 15 calendar days prior to a Planning Commission meeting in order to be considered for placement on the agenda. The Borough reserves the right to determine, in its sole discretion, when an application will be placed on an agenda.
(b) 
All zoning relief or zoning approval required by the application shall be obtained prior to submission of an application.
(3) 
Submission to other agencies.
(a) 
The applicant shall submit the preliminary/final plan to the York County Planning Commission, PennDOT, York County Conservation District, and any other applicable agency with jurisdiction and provide the Borough with evidence of the submission.
(b) 
Where a subdivision or land development abuts another municipality, the applicant shall, at the request of the Borough, provide a courtesy copy of the plan to that municipality and provide the Borough with evidence of the submission.
(4) 
York County Planning Commission review. The Borough will not schedule an application for action by Borough Council until the receipt of the York County Planning Commission report, or the expiration of 30 calendar days from the date the application was forwarded to the York County Planning Commission.
(5) 
Application contents.
(a) 
All applications shall include a completed application form; fee; escrow deposit; five full sets of plans; 14 full sets of plans reduced to tabloid sheet size; two full sets of required documents; and a PDF of the entire submission. The Borough may require additional copies of the above-referenced material.
(b) 
Failure to fully complete the application form, provide all required information and fees, and follow all directives contained therein shall be grounds to reject the application as incomplete and therefore not filed within the meaning of Section 508 of the MPC.[1] If an application is deemed incomplete, the time for review and action on the proposed subdivision and/or land development plan application shall not be deemed to have commenced.
[1]
Editor's Note: See 53 P.S. § 10508.
(6) 
Review for completeness of application.
(a) 
Basis for determination. To be complete, the submission shall contain:
[1] 
Fully completed and executed application form;
[2] 
Application fee and escrow deposit;
[3] 
All documents specified in this chapter; and
[4] 
Correct number of copies of all documents.
(b) 
Complete application. If determined to be complete, the application shall be deemed accepted for filing as of the date of receipt. Acceptance for filing shall not constitute a waiver of any deficiencies or irregularities.
(c) 
Incomplete application. If determined to be incomplete, the application may be rejected. If rejected, the Borough shall notify the applicant of the rejection within 10 days of receipt of the application.
(d) 
Appeal of rejection. The applicant may, within seven days of receipt of the notice of rejection, file with the Borough an appeal of the rejection. Such appeal shall state the grounds for the appeal. Borough Council will consider the appeal at a public meeting within forty-five calendar days of receipt of the appeal. The time period for action on the application is not extended by appeal if the applicant prevails.
(e) 
Legal rights. No legal rights attach if the application is rejected, and Section 508 of the MPC[2] shall not apply.
[2]
Editor's Note: See 53 P.S. § 10508.
(7) 
Staff and consultant review.
(a) 
Review. Prior to review by the Planning Commission, the application may be reviewed by the Borough staff and consultants. Where appropriate, the applicant may be invited to attend a review meeting with the Borough staff and consultants.
(b) 
Review letter. The Borough staff and consultants may issue review letters. The review letters shall cite, where appropriate, the legal authority in support of the comments contained therein.
(8) 
Planning Commission review.
(a) 
Schedule. At such time and under such circumstances as the Borough staff and consultants shall determine that Planning Commission consideration is appropriate, the application shall be placed on the next available meeting agenda and the applicant so notified.
(b) 
Attendance at public meeting. Attendance at the Planning Commission public meeting by the applicant or agent is required. The applicant or agent must be prepared to discuss all aspects of the application.
(c) 
Deliberation and recommendation. At the public meeting, the Planning Commission will consider the applicant's submission, Borough staff and consultant reviews, other pertinent material, and public comment. The Planning Commission may:
[1] 
Table action on the application; or
[2] 
Take action on the application which may include a recommendation of approval, approval with conditions or denial. Such action shall be recorded in the Planning Commission meeting minutes. Receipt of the Planning Commission recommendation is a prerequisite to review and action by Borough Council. Borough Council is not bound by the Planning Commission, Borough staff or Borough consultants review.
(d) 
Resubmission of application. If the applicant revises the application before action by the Planning Commission, the revised application shall be submitted to the Borough, according to § 194-203B, with a brief narrative identifying the alterations.
(e) 
Application revisions after submission. Revisions or additions to the application are not permitted after the Planning Commission makes its recommendation to Borough Council. Only the material acted upon by the Planning Commission shall be considered by Borough Council.
(9) 
Borough Council decision.
(a) 
Schedule. Following a Planning Commission recommendation, the application shall be placed on the next available Borough Council agenda and the applicant so notified.
(b) 
Attendance at public meeting. Attendance at the Borough Council public meeting by the applicant or agent is required. The applicant or agent must be prepared to discuss all aspects of the application.
(c) 
Decision. Before rendering a decision on the application, Borough Council shall, at the public meeting, consider the application's submission, other pertinent material, and public comment. Borough Council is not bound by the recommendations of the Planning Commission, Borough staff or York County Planning Commission. Borough Council shall announce its decision at the meeting.
(d) 
Applicant acceptance of conditions. If the application is approved subject to modification or other conditions, the applicant or agent will be requested at the public meeting to verbally indicate acceptance or rejection of such modification or conditions.
(e) 
Written notification of decision. Borough staff shall provide written notice of Borough Council decision to the applicant, in accordance with the MPC.[3]
[3]
Editor's Note: See 53 P.S. § 10101 et seq.
(f) 
Acceptance of the conditions of approval. The applicant shall provide the Borough with a written acceptance of the conditions of approval. Refusal by the applicant to execute written acceptance of the conditions of approval shall constitute a denial of the application.
(g) 
Extension of time. The applicant or agent may offer the Borough an extension of time within which to act upon the application and/or render a written decision. The Borough shall not be obligated to accept such offer.
(10) 
Compliance with conditions of approval.
(a) 
If Borough Council approves the application subject to conditions, documents evidencing compliance with such conditions (including but not limited to required financial security and improvement agreements as specified in Article IV) shall be submitted to the Borough. The applicant shall include a brief narrative concerning the submitted data.
(b) 
Where financial security and an improvements agreement are required as a condition of approval, the plan shall not be recorded until such time as the same are provided to the satisfaction of the Borough.
(c) 
The Borough staff will advise the applicant when all conditions of approval have been satisfied.
(d) 
After all conditions of approval are satisfied, the applicant shall present to the Borough:
[1] 
One paper copy of the full plan set and supporting material for the Borough files; and
[2] 
One electronic file of the full plan set and supporting material formatted to the current Borough specifications.
(11) 
Plan certification and recording.
(a) 
Plan standards for certification and recording. All plan copies shall be in black ink and bear original signatures on each certificate and seal of each professional responsible for preparation of the plan.
(b) 
Number of plans for recording. For plan certification and recording, the applicant shall present to the Borough for execution:
[1] 
Three paper copies of the full plan set intended for recording, to be returned to the Borough after recording;
[2] 
One paper copy of the plan sheets that are intended for recording, to be returned to the York County Planning Commission;
[3] 
One paper copy of plan sheets that are intended for recording, to be filed with the York County Recorder of Deeds; and
[4] 
The number of plan sheet copies, with original signatures, that are desired to be retained by the applicant.
(c) 
Payment of fees. No plan shall be released for recording until all consultant review fees and any other sums due and owing which relate to the subject property are paid in full in accordance with this chapter and applicable resolutions.
(d) 
Recording of plans.
[1] 
Upon execution by the Borough, the applicant shall submit the plans to the York County Planning Commission for signature and thereafter the office of the York County Recorder of Deeds for recording. The applicant shall provide the Borough with a proof of recordation.
[2] 
One paper copy containing original signatures of the York County Planning Commission and York County Recorder of Deeds must be returned by the applicant to the Borough.
[3] 
Recording of the plan shall have the effect of an irrevocable offer to dedicate all improvements shown thereon. Approval by Borough Council shall not impose any duty upon the Borough concerning maintenance of any such improvements until Borough Council shall have accepted the same.
C. 
Preliminary plan application approval followed by final plan application approval.
(1) 
Purpose. This procedure is for receiving a separate approval for a preliminary plan application and a final plan application. This procedure accommodates phased development and other procedural benefits that are derived from a multilevel submission process.
(2) 
Sequential submission. The preliminary plan and final plan procedures are sequential. The preliminary plan approval must be received before submission of the final plan. The final plan shall be substantially consistent with the preliminary plan. The final plan may consist of phases of an approved preliminary plan, provided:
(a) 
In a residential subdivision or land development, each phase shall contain the minimum number of dwelling units permitted by the MPC,[4] unless a lesser number is approved by Borough Council in its discretion;
[4]
Editor's Note: See 53 P.S. § 10101 et seq.
(b) 
Each phase independently conforms to the ordinances, regulations and other standards of the Borough; and
(c) 
Each phase independently results in a logical extension of streets, access drives, alleys, stormwater management facilities, sanitary sewer facilities, water supply facilities, and other required improvements.
(3) 
Submission procedure. Each application shall be submitted in compliance with § 194-203B(2) through (4), as applicable.
(4) 
Application contents. Each application shall be in compliance with § 194-203B(5).
(5) 
Application process. Each application shall be processed in compliance with § 194-203B(6) through (10).
(6) 
Plan certification and recording. The final plan shall be processed in compliance with § 194-203B(11).
A. 
Eligibility for special procedure. Except as otherwise specified, eligibility for a special procedure is at the sole discretion of the Borough.
B. 
Type of plan applications.
(1) 
Accessory dwelling unit. An accessory dwelling unit, as regulated in Chapter 225, Zoning, is not required to comply with the processing procedure specified in this chapter. The procedures of Chapter 225, Zoning, shall apply to accessory dwelling unit housing.
(2) 
Revised final plan. The procedures of § 194-204C shall apply to a revised final plan. A revised final plan is limited to the following:
(a) 
Correction of an obvious error in an approved application; or
(b) 
Depiction of a minor alteration that is substantially consistent with an approved application.
(3) 
Lot line adjustment plan. The procedures of § 194-204C shall apply to a lot line adjustment plan. A lot line adjustment plan is limited to the addition of a parcel of land to an abutting lot with no additional lot being created.
C. 
Submission procedure for revised final plan and lot line adjustment plan applications. The application shall be submitted to the Borough on any business day.
(1) 
Procedure. The application shall be submitted in compliance with § 194-203B(2) through (4), as applicable.
(2) 
Application requirement. The application shall be in compliance with § 194-203B(5).
(3) 
Staff and consultant review. The application is reviewed by Borough staff and consultants in accordance with § 194-203B(6) and (7). Borough staff may refer the application to the Planning Commission for review in accordance with § 194-203B(8).
(4) 
Borough Council decision. At such time and under such circumstances as the Borough staff shall determine that Borough Council consideration is appropriate, the application shall be placed on the next available agenda. The decision will be in accordance with § 194-203B(9).
(5) 
Compliance with conditions of approval. If Borough Council conditions its approval upon receipt of additional information, alterations, changes, or notifications, such data shall be submitted and/or alterations noted in compliance with § 194-203B(10).
(6) 
Plan certification and recording. The plan shall be processed in compliance with § 194-203B(11).
A. 
Purpose. A waiver is the remedy by which an applicant may receive a modification or deferment of an ordinance requirement as it applies to a specific project.
B. 
Standards for waiver. A waiver may be approved at the sole discretion of the Borough when the applicant demonstrates all of the following:
(1) 
The literal enforcement of the ordinance requirement is unreasonable or will exact undue hardship because of a peculiar condition pertaining to the land, or that an alternative standard will provide an equal or better result;
(2) 
The waiver will not be contrary to the public interest;
(3) 
The waiver is consistent with the intent of this chapter;
(4) 
The waiver is consistent with § 194-102, Purpose; and
(5) 
The waiver represents the minimum modification for relief.
C. 
Submission procedure.
(1) 
Written request. The request for a waiver shall be submitted in writing. The request shall include citation to the specific ordinance provision for which the waiver is sought, together with a statement setting forth the purpose and grounds for the request.
(2) 
Planning Commission review. At the public meeting, the Planning Commission shall consider Borough staff and consultant review, the applicant's submission, and other pertinent material and public comment. The Planning Commission may recommend reasonable conditions that may attach to the waiver. The Planning Commission will make a recommendation which will be included in their meeting minutes.
(3) 
Schedule. At such time and under such circumstances as the Borough staff and consultants shall determine that Borough Council consideration is appropriate, the waiver request may be placed on the next available Borough Council agenda and the applicant so notified.
(4) 
Attendance at public meeting. Attendance at the Borough Council public meeting by the applicant or agent is required. The applicant or agent must be prepared to support the grounds and basis for the waiver request.
(5) 
Deliberation. At the public meeting, Borough Council shall consider Borough staff and consultant reviews, the applicant's submission, and other relevant material and public comment. Borough Council shall decide the request and may attach reasonable conditions to any grant thereof.
(6) 
Applicant acceptance of conditions. If the waiver is approved subject to modification or other conditions, the applicant will be requested at the public meeting to verbally indicate acceptance or rejection of such modification or conditions. Refusal by the applicant to accept modification or conditions of approval constitutes denial of the waiver.
(7) 
Written notification of Borough Council decision and applicant's acceptance. Borough staff shall provide written notice of the Borough Council's decision to the applicant personally or by mail to the last known address. The applicant shall provide the Borough with a written approval or rejection of the Borough Council's decision. Refusal by the applicant to accept conditions of approval shall constitute denial of the waiver.
(8) 
Sovereign action by Borough Council. Borough Council may consider a waiver independent of the Planning Commission review procedure.
Unless authorized by the Borough, no work shall commence until:
A. 
All required permits and approvals are received;
B. 
The developer reimburses the Borough for all review fees and any other sums due and owing which relate to the subject property;
C. 
The improvements agreement is executed;
D. 
The developer's expense escrow account is established and funded;
E. 
Approved financial security (if applicable) is provided;
F. 
Approved insurance is provided;
G. 
A preconstruction conference is conducted with Borough staff; and
H. 
A notice to proceed is issued, in writing, by the Borough.
A. 
Borough assignment of representatives. The Borough may, during the course of construction, installation, erection, and completion of the required improvements, assign representatives to observe or inspect the performance of the developer's work. Such representatives are not authorized to revoke, alter, amend, enlarge, relax, or release any requirements or conditions of approval; approve or reject any portion of the developer's work; or issue instructions contrary to the requirements of the application or conditions of approval of the application. However, minor field changes may be approved by the Borough, when recommended by the Borough Engineer. The applicant shall annotate the file to reflect the approved minor field changes. Should substantive changes from the approved drawings and specifications become necessary during construction, approval of the changes will require submission of a revised application before the execution of such changes. The presence of such representatives during the performance of the work and any acceptance or approval by such representatives of the Borough shall not relieve the developer of responsibility for work that is later determined by the Borough to be defective.
B. 
Authorization for Borough observation. The construction, installation, erection, and completion of required improvements are subject to the observation and approval of the Borough according to the improvements agreement, approved application and standard construction documents. The developer shall permit the Borough to observe the work, to make reasonable observation(s) and reobservations, and to perform or conduct appropriate tests. In the event that any portion of the work is backfilled or concealed prior to observation and without the consent of the Borough, the developer shall, if required by the Borough, uncover such work at its sole cost and expense and make the same available for observation and/or testing.
C. 
Borough determination. Such representatives are not authorized to revoke, alter, amend, enlarge, relax, or release any requirements or conditions of approval; approve or accept any portion of the developer's work; or issue instructions contrary to the requirements of the application or conditions of approval of the application. However, minor field changes may be approved by the Borough, when recommended by the Borough Engineer. The applicant shall annotate the file to reflect the approved minor field changes. Should substantive changes from the approved drawings and specifications become necessary during construction, approval of the changes will require submission of a revised application before the execution of such changes. The Borough shall determine, in its sole discretion, whether the required improvements comply with this chapter, the improvements agreement and the approved application.
A. 
Deemed private until accepted.
(1) 
Until such time as an offer of dedication has been accepted by Borough Council, all improvements or property shall be deemed to be private and for the benefit of the project.
(2) 
Dedication is not complete until it is authorized by resolution of Borough Council.
(3) 
The Borough shall have no responsibility for such improvements or property unless and until there occurs an acceptance of an offer of dedication.
B. 
Procedure for Borough Engineer's review of improvements. Upon Borough receipt of written notice from the developer indicating that the improvements are installed and ready for final inspection, the Borough shall notify the Borough Engineer, who shall inspect the work and determine if it is in compliance with the approved application and improvements agreement. Following the inspection, the Borough Engineer shall notify the Borough and developer of the results, and if the Borough Engineer determines that the work is complete, the developer may proceed with the dedication process. If the work is not complete, the developer shall take all necessary action to complete the improvements and notify the Borough in accordance with this subsection.
C. 
Requirements for submission of an offer of dedication. No offer of dedication shall be submitted unless and until:
(1) 
All requirements of the approved application and the improvements agreement have been fulfilled;
(2) 
The Borough Engineer confirms, in writing, that the improvements are installed in accordance with the approved application and improvements agreement;
(3) 
The developer provides an as-built plan in compliance with the standard construction documents and including, where necessary, notes identifying all deviations from the approved plan;
(4) 
The developer reimburses the Borough for all review fees, costs, and any other sums due and owing which relate to the application;
(5) 
The developer provides evidence of final acceptance of the improvements by all other applicable agencies;
(6) 
The developer provides an executed maintenance guarantee to the satisfaction of the Borough;
(7) 
The developer provides a certification of clear title or other acceptable guarantees for any dedicated property; and
(8) 
The developer provides all necessary instruments of conveyance to the satisfaction of the Borough.
D. 
Standards for conveyance.
(1) 
An interest in land or property shall be conveyed free and clear of all liens and encumbrances, for nominal consideration and by instrument approved by the Borough Solicitor.
(2) 
As a condition of street dedication of real property, the developer shall present a petition to the Borough offering fee simple title by deed of dedication. The deed shall include all public streets, real property or portions of public streets, their rights-of-way and all required improvements constructed therein, as set forth on the approved plan application, together with a street plan diagram depicting streets and rights-of-way of the real property and improvements thereto. The deed of dedication shall be in the form of a special warranty deed that includes a metes and bounds description and plat.
(3) 
Unless otherwise authorized by the Borough, all improvements shall be offered for dedication at the same time.
(4) 
It shall be a violation of this chapter for any person to place or allow to be placed mechanic liens on land or improvements that are to be offered by bill of sale or otherwise conveyed to the Borough or its authorities.
E. 
Acceptance of dedication. Acceptance of an offer of dedication shall be by resolution of Borough Council.