[Ord. 499, 9/13/2016, § 301]
The purpose of Part 3 is to specify the procedures for review
and approval of proposed subdivisions and land developments and for
the recording of plans after their approval.
[Ord. 499, 9/13/2016, § 302]
1. Prior to submitting any application, the applicant may at its option
participate in a pre-application conference with the Borough Planning
Commission at a regular meeting of the Borough Planning Commission.
The purpose of this pre-application conference is to review the proposed
development and development site to identify the issues which may
need to be addressed in the application for preliminary approval.
The pre-application conference affords an opportunity to both the
applicant and the Borough Planning Commission to discuss the proposed
project on an informal basis. At the pre-application conference, the
applicant may discuss applicable regulations governing the subdivision
or land development of the property; and the feasibility and timing
of the application. The Borough Planning Commission may comment upon
the sketch plan. No approval or disapproval shall be given.
2. The applicant should provide sufficient information and plans to
the Borough Planning Commission in order to clearly convey the existing
and proposed conditions of the site.
3. A pre-application conference shall not constitute formal filing of
any application for approval of a subdivision or land development
and shall not bind the Borough to approve any concept presented in
the pre-application meeting.
[Ord. 499, 9/13/2016, § 303]
1. Submission of Applications. Applications shall be submitted to the
Borough at least 10 calendar days prior to the Planning Commission's
next regular monthly meeting.
2. Complete Application for Preliminary Approval. All applications for
a preliminary approval shall include the following:
A. Twelve copies of the completed application form for preliminary approval.
B. Application Filing Fees. All fees for application processing, staff and engineering review shall be paid at the time the application for development is submitted. The amount of the fee shall be in accordance with §
22-701 of this Chapter.
C. Twelve copies of a preliminary plat prepared and sealed by a professional
engineer, professional land surveyor or professional landscape architect
certified and registered by the commonwealth of in accordance with
the Act of May 23, 1945 (P.L. 913, No. 367), known as the "Professional
Engineers Registration Law," and containing the following information:
(1)
A boundary and topographical survey prepared by a registered
surveyor.
(2)
The proposed name of the subdivision or land development.
(3)
The name, address, certification and seal of the registered
engineer and/or surveyor who prepared the plat and the professional
registered surveyor who did the survey shown on the plat.
(4)
The name and address of the applicant and, if the applicant
is not the landowner, the name and address of the landowner.
(5)
The names of all adjoining property owners.
(6)
The proposed street layout in the subdivision.
(7)
The layout of lots (showing scaled dimensions), lot numbers
and the areas of lots in square feet.
(8)
Portions of the site or parcels proposed to be reserved for
schools, parks, playgrounds or other public, semipublic or community
purposes and all proposed improvements for these portions.
(11)
A location map showing the subdivision name and location; major
existing streets related to the subdivision, including the distance
therefrom, title, graphic scale and North point.
(12)
Contours of an interval elevation of not greater than five feet,
delineating slopes in excess of 12% and at intervals of not more than
two feet where the slope is 12% or less.
(13)
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.
(14)
Existing and proposed easements, locations, widths and purposes.
(15)
Proposed public improvements. The size of each shall be shown
and the locations or distances to each existing utility indicated.
(16)
The existing platting of land abutting subdivision. All existing
buildings, sewers, water mains, fire hydrants, culverts, petroleum
or high-pressure gas lines, fire hydrants and other utilities on or
within 200 feet of the site shall be shown.
(18)
Tabulation of site data, total acreage of land to be subdivided,
the number of lots, the acreage of individual lots; the acreage of
the subdivision and the acreage of proposed open space and recreation
areas.
(19)
Information required to evaluate existing watercourses, wetlands,
slopes over 25% and other significant natural features that are environmentally
significant.
(20)
All additional plans and layout information, including stormwater
management plan, road and grading plans, and phasing and engineering
information shall be provided by the applicant. A traffic impact study
and other specialized studies may be required by the Planning Commission.
Such studies shall be limited to those authorized by Borough ordinances
and shall be required only for large development proposals or those
affecting environmentally critical areas.
(21)
A phasing plan and schedule shall be required for all developments
proposed for construction in stages. This schedule shall include a
proposed schedule for the filing of applications for final approval
for each phase.
(22)
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 § 420
of the State Highway Law (P.L. 1242, No. 428 of June 1, 1945).
D. Any request for waivers or modifications to the chapter, pursuant to §§
22-702 and
22-703 shall be submitted in writing at the time application for development is submitted. Such request shall state the section of the chapter from which the modification is being requested, the reasons for such modification.
E. The following studies and reports are required to be included in
the application for preliminary approval if, the proposed development
meets the stated threshold:
(1)
Environmental constraints study if the site is known to contain
landslide-prone areas, undermined areas, flood-prone areas or is contaminated.
(2)
Traffic impact study if, the proposed development will generate
100 or more peak-hour vehicle trips or any residential development
which proposes 100 or more dwelling units..
(3)
Other studies required by state or county regulations.
3. Process for Preliminary Approval.
A. Within seven days of the date that the application is received in
the offices of the Borough, the Zoning Officer shall either certify
the application as complete or notify the applicant in writing that
the application is incomplete. The written notification shall specify
the items of required information that are lacking.
B. Once the Zoning Officer certifies that the submittal is complete,
the official filing date of an application shall be the date the application
was initially submitted to the Borough.
C. Failure of the Borough to take either of these actions within seven
days shall be deemed that the application is complete as submitted,
unless the applicant has agreed in writing to an extension of time.
(1)
Certification of the application as complete shall not constitute
a waiver of any deficiencies or irregularities.
(2)
After the official filing of an application and while a decision
is pending, no change in any zoning, subdivision or other governing
ordinance or plan shall affect the decision on the application adversely
to the applicant; and the applicant shall be entitled to a decision
in accordance with the provisions of the governing ordinances and
plans on the official filing date.
D. Distribution of Copies. The Zoning Officer shall forward application
for development to Allegheny County Economic Development for review
and report. Such application may include a fee, if required by Allegheny
County Economic Development, in an amount sufficient to cover the
cost of the review and report. The Borough Planning Commission shall
not make a recommendation on any such application until the Allegheny
County Economic Development's report has been received or until
the expiration of 30 days from the date the application was forwarded
to the county.
E. Review Process for Application for Preliminary Approval.
(1)
Planning Commission Review. Within 30 days of the official date of filing of the preliminary application, the Borough Engineer should submit a written report to the Borough Planning Commission which states whether the application meets the technical requirements of the ordinance. Within 60 days of the official date of filing of the application for preliminary approval, the Borough Planning Commission shall make a written recommendation to the Borough Council. Such recommendation shall include a recommendation for approval, approval with conditions, or disapproval of the application for preliminary approval. The Borough Planning Commission shall also provide the reasons for its recommendation and in the case of a recommendation for disapproval, shall cite the specific requirements of the Subdivision and Land Development Ordinance, Zoning Ordinance [Chapter
27] or other applicable codes which have not been met.
(2)
Borough Council Action. The Borough Council shall render its
decision to approve, approve with conditions or deny the application
for development taking into consideration the recommendations of the
Borough Planning Commission and Allegheny County Economic Development.
Such decision shall be communicated to the applicant not later than
90 days, unless an extension to the application is granted.
(a)
The decision of the Borough Council shall be in writing and
shall be communicated to the applicant personally or mailed to him/her
at his/her last known address not later than 15 days following the
decision.
(3)
Conditional Approval. An application may be granted preliminary
approval subject to specific conditions. These conditions shall be
included in the written communication to the applicant. In addition,
such written communication shall include notification that unless
the applicant agrees to the conditions, then the application is denied
in accordance with this Chapter.
(4)
Within 30 days of the granting of preliminary approval with
conditions by the Borough Council, the applicant shall notify the
Borough in writing of his or her acceptance or rejection of the conditions
of approval. If the applicant does not so notify the Borough within
30 days of approval, the preliminary approval shall automatically
be rescinded without written notice to the applicant.
(5)
Failure of the Borough to render a decision and communicate
it to the applicant within the time and in the manner required by
law shall be deemed a preliminary approval of the application in terms
as presented unless the applicant has agreed in writing to an extension
of time.
(6)
Expiration of preliminary plan approval. Preliminary plan approval
shall expire after five years in accordance with § 508(4)(ii)
of the MPC, 53 P.S. § 10508(4)(ii), as amended
(7)
When an application for preliminary approval has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application and the terms of §
22-304 of this Chapter. The final plat must comply with the preliminary plan as well as conditions under which the preliminary plan was approved.
[Ord. 499, 9/13/2016, § 304]
1. Submission of Application. The complete application for final approval
shall be submitted to the Borough at least 10 working days prior to
the regular monthly meeting of the Borough Planning Commission. Applications
for final approval submitted less than 10 working days prior to the
regular monthly meeting of the Borough Planning Commission shall be
held until the next monthly meeting of the Borough Planning Commission.
2. Complete Application for Final Approval. The application for final
approval for subdivision shall include the following:
A. Twelve copies of the completed application form for final approval.
B. Application Filing Fees. All fees for application processing, staff
and engineering review shall be paid at the time the application for
final approval is submitted. The application shall be judged incomplete
until all such fees, escrow deposits and guarantees are certified
as paid.
C. All plans and information submitted as part of the application for preliminary approval (§
22-303).
D. The preliminary plat as approved by the Borough Council.
E. Three sets of detailed construction drawings for public improvements.
Such drawings shall comply with the Act of May 23, 1945, (P.L. 913,
No 367), known as the "Professional Engineers Registration Law," and
contain the following information:
(1)
A location map showing the subdivision name and location; major
existing streets related to the subdivision, including the distance
therefrom, title, graphic scale and north point.
(2)
Accurate boundary lines, with dimensions and bearings.
(3)
Accurate locations of all existing and recorded streets intersecting
the boundaries of the site described in the final plat.
(5)
Complete horizontal curve data for all curves included in the
final plat.
(6)
Street lines with accurate dimensions in feet and hundredths
of feet, with angles to the nearest one second of street and lot lines.
(7)
Lot numbers and dimensions.
(8)
Easements for public improvements and any limitations on such
easements.
(9)
Accurate dimensions of any property to be reserved for public,
semipublic or community use.
(10)
Location, type and size of all monuments and lot markers in
accordance with the standards and requirements of these regulations.
(11)
The name of the subdivision.
(12)
The name and address of the developer, and if the developer
is not the landowner, the name and address of the landowner.
(13)
The North point, graphic scale and date.
(14)
Certification by a registered surveyor to the effect that:
(a)
The plat represents a survey made by him, and that all monuments
indicated thereon actually exist and their location, size and material
are correctly shown.
(b)
All engineering requirements of this Chapter have been fully
complied with.
(15)
Certification of the dedication of streets and other property.
(16)
Be drawn at a scale acceptable to the Borough Engineer on sheets
of 24 by 36 inches. More than one sheet may be used for large parcels,
but each sheet shall be properly indexed.
(17)
Be designed in conformance with the design standards established
in this Chapter and in other applicable Borough, county, state and
federal codes and regulations.
(18)
Include a plan and profile of each street within the site and
at least 200 feet beyond the end of the site being developed.
(19)
Contain at least three cross sections at intervals not to exceed
100 feet and extending 50 feet on each side of the street center line
or 25 feet outside of the street right-of-way, whichever is greater.
(20)
Indicate the location of all necessary sewers, manholes and
catch basins.
(21)
Show drainage easements over private property.
(22)
Show the top and invert elevation of each inlet and manhole,
together with the grade of each sewer line.
(23)
Show the grade line, material, distance and pipe size of each
line in the storm drainage system within the plan and any storm drainage
system immediately adjacent to the site.
(24)
Shall indicate all pipe sizes and distances by plan and profile.
(25)
Show the location of each wye as proposed for installation.
(26)
Show road profiles and vertical curve data for all proposed
and improved streets.
F. Twelve copies of the final plat for that portion of the preliminary
plat for which final approval is sought. The plat shall be a map or
site plan of the proposed subdivision, which is in accurate, final
form and is suitable for recording purposes. The final plat shall
be prepared in accordance to the standards required by the Allegheny
County Department of Real Estate and with the Act of May 23, 1945,
(P.L. 913, No 367), known as the "Professional Engineers Registration
Law."
(1)
The Allegheny County Drafting Standards for Plans for Recording
are specified in Appendix 1 of the Allegheny County Subdivision and
Land Development Ordinance.
(2)
The Allegheny County Required Certifications on the Final Plan
are specified in Appendix 3 of the Allegheny County Subdivision and
Land Development Ordinance.
G. Protective covenants and deed restrictions applicable to the subdivision.
H. Proof that all required permits and approvals have been applied for
or received, including the following:
(1)
Pennsylvania Department of Environmental Protection (DEP) Planning
Module Permit and Part II permit issued by the Pennsylvania Department
of Environmental Protection (DEP) if required for sewage facilities
construction in compliance with or requirements of the Pennsylvania
Sewage Facilities Act, P.L. 1535, as amended, and the Clean Streams
Law, P.L. 1987, as amended.
(2)
State, county or Borough roadway occupancy permit.
(3)
Pennsylvania Department of Environmental Protection (DEP) permits,
as required.
(4)
All applicable permits and approvals from the Municipal Authority
of Rankin Borough.
(5)
All permits and approvals required by applicable Borough ordinances including Zoning [Chapter
27] and Stormwater Management [Chapter
23].
(6)
All other federal, state and county permits and approvals applicable.
I. All application review and engineering fees.
J. All studies, reports and calculations required by this Chapter or
by any other applicable Borough ordinance.
K. 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 (PennDOT) under § 420
of the State Highway Law (P.L. 1242, No. 428 of June 1, 1945).
3. Process for Final Approval.
A. Within seven days of the date that the application is received in
the offices of the Borough, the Zoning Officer shall either certify
the application as complete or notify the applicant in writing that
the application is incomplete. The written notification shall specify
the items of required information that are lacking.
B. Once the Zoning Officer certifies that the submittal is complete
and that the applicable fee has been paid, the official filing date
of an application shall be the date the application was initially
submitted to the Borough.
C. Failure of the Borough to take either of these actions within seven
days shall be deemed a certification that the application is complete
as submitted, unless the applicant has agreed in writing to an extension
of time.
(1)
Certification of the application as complete and the establishment
of the filing date shall not constitute a waiver of any deficiencies
or irregularities.
(2)
After the official filing of an application and while a decision
is pending, no change in any zoning, subdivision or other governing
ordinance or plan shall affect the decision on the application adversely
to the applicant; and the applicant shall be entitled to a decision
in accordance with the provisions of the governing ordinances and
plans on the official filing date.
D. Distribution of Copies. The Zoning Officer shall forward one complete
copy of the application and submission materials to the Municipal
Engineer and to the county planning agency for review. The applicant
shall distribute a copy of the final plan and of all relevant supporting
documentation to all other agencies who will be required to approve
some aspect of the plan prior to its final approval by the Borough.
E. At the first regular meeting of the Borough Planning Commission and
upon the acceptance of the application for development for review,
the Borough Planning Commission shall refer:
(1)
Application for development to the Borough Engineer for a recommendation
concerning technical considerations and compliance with the Borough
ordinances.
(2)
Application for development to Allegheny County Economic Development
for review and report, if required (see Allegheny County Subdivision
and Land Development Ordinance for exceptions). Such application may
include a fee, if required by Allegheny County Economic Development,
in an amount sufficient to cover the cost of the review and report.
The Borough Planning Commission shall not make a recommendation on
any such application until the Allegheny County Economic Development's
report has been received or until the expiration of 30 days from the
date the application was forwarded to the county.
F. Review Process for Application for Final Approval. The following
review process shall be used for applications for final approval:
(1)
Borough Planning Commission Review. The Borough Planning Commission shall review the application and determine if it meets the standards set forth in this Chapter, the Zoning Ordinance [Chapter
27], and other applicable Borough ordinances. Within 30 days of the official date of filing of the final application, the Borough Engineer shall submit a written report to the Borough Planning Commission which states whether the application meets the technical requirements of this Chapter. Within 60 days of the official date of filing of the application for final approval, the Borough Planning Commission shall make a written recommendation to the Borough Council. Such report shall include a recommendation for approval, approval with conditions, or disapproval of the application for final approval. The Borough Planning Commission shall also provide the reasons for its recommendation and in the case of a recommendation for disapproval, shall cite the specific requirements of this Chapter, the Zoning Ordinance [Chapter
27] or other applicable codes which have not been met.
(2)
Borough Council Action. The Borough Council shall render its
decision to approve, approve with conditions or deny the application
for development taking into consideration the recommendations of the
Borough Planning Commission and Allegheny County Economic Development.
Such decision shall be communicated to the applicant not later than
90 days after the application for development is filed with the Borough
Planning Commission unless an extension of time has been granted.
(a)
The decision of the Borough Council shall be in writing and
shall be communicated to the applicant personally or mailed to him
at his last known address not later than 15 days following the decision.
(b)
When the application is not approved in the terms as filed the
decision shall specify the defects found in the application and describe
the requirements which have not been met and shall, in each case,
cite the provisions of the statute or ordinance relied upon.
(3)
Time Extension. If the Borough Council desires additional time
to consider the application for final approval, the applicant shall
be requested to waive the ninety-day time limitation established by
law, and grant the Borough Council an additional review period.
(4)
Public Hearing. Before acting on any application, the Borough
Council may hold a public hearing after public notice; however, a
public hearing is not required.
(5)
Conditional Approval. An application may be granted final approval
subject Borough specific conditions. These conditions shall be included
in the written communication to the applicant. In addition, such written
communication shall include notification that unless the applicant
agrees to the conditions, then the application is denied in accordance
with this Chapter. Within 30 days of the granting of final approval
with conditions by the Borough Council, the applicant shall notify
the Borough in writing of his or her acceptance or rejection of the
conditions of approval. If the applicant does not so notify the Borough
within 30 days of approval, the final approval shall automatically
be rescinded without written notice to the applicant.
(6)
Failure of the Borough to render a decision and communicate
it to the applicant within the time required by law shall be deemed
a final approval of the application in terms as presented unless the
applicant has agreed in writing to an extension of time or change
in the prescribed manner of presentation of communication of the decision,
in which case, failure to meet the extended time or change in manner
of presentation of communication shall have like effect.
(7)
No approval of an application for final approval shall be granted
unless all required, applicable federal, state, county and Borough
approvals and permits have been submitted to the Borough Council and
unless all required fees and deposits have been paid. The Borough
Council, at its discretion, may approve plans conditionally upon receipt
of permits of other agencies.
(8)
No final plat shall be finally approved unless:
(a)
The public improvements as required by this Chapter and by all applicable statutes and ordinances have been installed pursuant to §
22-308, Subsection
3; or
(b)
In lieu of the completion of any public improvements, as a condition
for the approval of a final plat, the applicant shall provide, for
deposit with the Borough, a performance guarantee, pursuant to Subsection
3G.
(9)
Expiration of Final Plan Approval. Final plan approval shall
expire after five years of being granted by the Borough Council, unless
a written extension is requested by the applicant and granted by the
Borough Council. Any request for extension shall be submitted in writing
to the Borough Council at least 30 days prior to any prevailing expiration
date. Extensions may be granted for one or more six-month periods
upon a finding by the Borough Council that such extension is warranted.
(10)
When an application for preliminary approval has been duly approved,
the applicant shall be entitled to final approval in accordance with
the terms of the approved preliminary application. The final plat
must comply with the preliminary plan as well as conditions under
which the preliminary plan was approved.
G. Performance Guarantee and Financial Security.
(1)
As a condition for the approval of a final plat, the applicant
shall provide, for deposit with the Borough, a performance guarantee
in the form of financial security. The amount of the performance guarantee
or financial security shall be sufficient to cover the costs of public
improvements and common amenities including, but not limited to, roads,
stormwater detention and/or retention basins, and other related drainage
facilities, recreational facilities, open space improvements, landscaping,
and buffers or screen plantings which may be required in accordance
to § 509(a) of the MPC.
(2)
The amount of financial security to be posted for the completion
of the public improvements shall be equal to 110% of the cost of completion
estimated as of 90 days following the date scheduled for completion
by the applicant. The amount of the financial security shall be based
on a cost estimate submitted by the applicant and prepared by a registered
professional engineer licensed in Pennsylvania. The cost estimate
shall be certified as being "a fair and reasonable estimate" of the
cost of public improvements.
(3)
The financial security shall provide for, and secure to the
public, the completion of any public improvements as required in the
final approval within 24 months of the approval. The amount of the
financial security may be adjusted annually in accordance with § 509(f)
of the MPC.
(4)
Federal or Commonwealth of Pennsylvania chartered lending institution
irrevocable letters of credit and restrictive or escrow accounts in
such lending institutions shall be deemed acceptable forms of financial
security. Such financial security shall be posted with a bonding company
or a federal or Commonwealth of Pennsylvania chartered lending institution
chosen by the party posing the financial security, provided said bonding
company or lending institution is authorized to conduct business within
the Commonwealth of Pennsylvania.
(5)
At the request of the applicant, the Borough shall furnish the
applicant with a signed copy of a resolution indicating approval of
the applicant's final plat contingent upon the obtaining of a
satisfactory financial security. The final plat shall not be signed
by the Borough Council until a satisfactory financial security is
presented. The resolution of contingent approval shall expire and
be deemed to be revoked if the financial security is not presented
within 90 days, unless a written extension is granted by the Borough
Council in accordance § 509(b) of the MPC.
H. Application for Final Plat Approval after Completion of Public Improvements.
(1)
The applicant may submit an application for final approval without
requesting final plat approval by completing the public improvements
before final plat approval is requested. The following outlines the
process for applications for final plat approval after completion
of public improvements:
(a)
Submission of Application. The application for final approval provisions of §
22-304 of this Chapter apply except that the requirements for a final plat (§
22-304, Subsection 3F) are deferred until after the completion of the public improvements and the guarantees of completion of public improvements (§
22-304, Subsection 3G) are waived by the Borough Council.
(b)
Review and Approval or Denial of Application for Final Approval without Final Plat Approval. The approval or denial of the application for final approval without final plat approval shall comply with §
22-304, Subsection 3E, of this Chapter.
(c)
If the applicant's application for final approval, not including final plat, is approved the applicant shall complete a developer's agreement in accordance with §
22-306 of this Chapter prior to the start of any construction.
(d)
If the applicant's application for final approval, not including final plat, is approved and the applicant has obtained all other permits required under the Borough's ordinances, and county, state or federal agencies, the applicant may proceed to construct the public improvements and other site improvements as indicated in the developer's application for final approval 72 hours after the preconstruction conference. The Zoning Officer shall then authorize the progress inspections in accordance with §
22-602 of this Chapter.
(e)
After the applicant has completed the public improvements indicated in the application for final approval, the applicant shall notify the Borough, in writing, of such completion; and the applicant shall submit, together with the notification of the completion of the public improvements, the original final plat, as required in by §
22-304, Subsection 2F, and 12 copies to the Borough for final approval.
(f)
Within 10 days after the receipt of the submission, the Borough
Council shall authorize the Borough Engineer to inspect the public
improvements and the final plat and indicate to the Borough Council
whether the public improvements comply with applicable codes and statutes
and whether the final plat complies with this Chapter.
(g)
Within 30 days of receiving such authorization, the Borough
Engineer shall report to the Borough Council in writing, whether the
completed public improvements and final plat comply with the requirements
of this Chapter. The report shall indicate approval or rejection of
the improvements, whether in whole or in part, and, in the case of
rejection, shall contain a statement of reasons for such rejection.
(h)
Within 45 days after the submission of the notice of completion of the public improvements and the final plat in compliance with this Chapter, the Borough Council shall either approve or disapprove the public improvements. Acceptance of the improvements shall be in accordance with §
22-606 of this Chapter and shall be further subject to the posting of a maintenance guarantee required by § 22-609. The Borough Council shall notify the applicant in writing by certified or registered mail of the approval or rejection of improvements.
(i)
Within 90 days of the submission of the final plat, the Borough
Council shall either approve, approve with conditions or disapprove
the final plat for recording purposes at a public meeting. The Borough
Engineer's written report shall be made a part of the record
at that meeting. A letter indicating approval, approval with conditions,
or disapproval shall be sent to the applicant by regular mail within
15 days of the date of the decision. If the final plat is not approved,
the Borough Council shall specify the defects found in the final plat
and shall cite the requirements of this Chapter, and other applicable
ordinances which have not been met. Approval of the public improvements
and final plat authorizes officers of the Borough to affix their signatures
to the final plat for recording purposes.
I. Final Plat Approval. Prior to final approval of the application for
final approval, the applicant shall submit to the Borough Council
the following:
(1)
Certified copies of all permits and approvals required by applicable
federal, state, county and Borough codes and regulations.
(2)
Engineer's cost estimate for completing public improvements.
(3)
Performance guarantees and financial security for public improvements
sufficient to meet the costs of construction and inspections.
(4)
A guarantee for the provision of a full-time inspector when
deemed necessary by the Borough Engineer and required by the Borough
Council.
(5)
The executed agreement with the Municipal Authority of Rankin
Borough or the letter of approval from the Pennsylvania Department
of Environmental Protection (DEP) indicating approval of private water
supplies.
(6)
The executed developer's agreement between the applicant
and the Borough Council.
(7)
All application review and inspection fees. Additional fee sums
required must be paid before a final approval or a final approval
with conditions may be granted.
[Ord. 499, 9/13/2016, § 305]
1. Where a subdivision or land development is projected to be completed
in stages over a period of years, the applicant may submit an application(s)
for final approval by phase or stage of development, subject to such
requirements or guarantees for public improvements in future phases
or stages of development as are essential for the protection of the
public welfare and any existing or proposed section or phase of the
plan.
2. All sections or future phases must conform to the preliminary application as previously approved by the Borough. Any phase that contains substantive changes in the number of lots or buildings proposed or in the layout of the lots, buildings, or streets previously approved in the preliminary application and does not comply with the application for preliminary approval will require a complete resubmission of the preliminary application in accordance with §§
22-303 and
22-304.
3. Where the applicant has submitted an application for preliminary
approval calling for the installation of improvements over a period
of more than five years, a schedule shall be submitted detailing deadlines
within which applications for final plan approval are intended to
be filed. The applicant shall update the final plan submission schedule
on an annual basis any modification to the original schedule shall
be subject to the approval of the Borough Council.
[Ord. 499, 9/13/2016, § 306]
1. Before granting final approval of a subdivision or land development
which requires the installation of public improvements, or to which
conditions are to be attached to the final approval, the Borough Council
shall require that the applicant execute a development agreement with
the Borough, in a form acceptable to the Borough Solicitor. Such developer's
agreement shall contain provisions that are reasonably required to
guarantee compliance with the conditions of approval, if any, and
to guarantee the proper installation of on-site and off-site improvements
related to the subdivision or land development. Said development agreement
shall be executed; the required financial security shall be posted;
and all required fees shall be paid before the Borough Council shall
approve and sign the final plat for recording purposes.
[Ord. 499, 9/13/2016, § 307]
1. In the case of a simple or minor subdivision, the applicant is exempt
from complying with certain requirements pertaining to the preparation
of the application for development.
A. Simple Subdivisions. The Borough Council may approve a subdivision
of one parcel into two pieces without requiring the applicant to follow
the requirements and procedures set forth herein; whenever the plan
submitted shows:
(1)
Lots to be created by the subdivision are located on a public
road.
(2)
Each lot to be created by the subdivision contains the necessary area and street frontage to comply with the Zoning Ordinance [Chapter
27].
(3)
The simple subdivision has the approval of the PA Department
of Environmental Protection (DEP) and can be serviced by all necessary
public utilities.
(4)
In the case of a simple subdivision, the application shall be initiated and submitted in the form of a final plat as specified in §
22-304, Subsection 2F. Such plans shall be submitted to the Zoning Officer, who shall review the plat for completeness and compliance with the Borough's ordinances, and submit along with recommendations for approval, approval with conditions, or denial to the Borough Council for action at their next monthly regularly scheduled meeting.
2. Minor Subdivision.
A. Applicability. The applicant shall use the following procedure for
a subdivision of a parcel into not more than two lots if all of the
following apply:
(1)
The subdivision does not involve a planned development.
(2)
The subdivision does not involve any new streets, or the extension
of a utility or other public improvements.
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Any additional subdivision of a tract from which a minor subdivision
has already been formed shall be deemed a major subdivision.
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B. Procedures. Applications for minor subdivisions shall be initiated and submitted for review in the form of a final plat as specified in §
22-304, Subsection 2F, and shall follow the procedures for final approval of application. Final approval requirements as stipulated in §
22-304, Subsection 2H, shall apply with the exception of:
(1)
Section
22-304, Subsection 3I(2:) engineer's cost estimate for completing public improvements.
(2)
Section
22-304, Subsection
3I(3): guarantees and security for public improvements performance and maintenance bonds.
(3)
Section
22-304, Subsection
3I(4): a guarantee for the provision of a full-time inspector
(4)
Section
22-306: the executed developer's agreement.
3. Lot Line Revisions. Lot line revisions that include lot consolidations
shall be processed as follows:
A. Procedures. Applications for lot line revisions shall be initiated and submitted for review in the form of a final plat as specified in §
22-304, Subsection 2E, and shall follow the procedures for final approval of application.
B. Upon receipt of an application for a lot line revision, the Zoning
Officer shall review the application for completeness within seven
days of its receipt. Complete applications shall be forwarded to the
Borough Engineer for review. Incomplete applications shall be returned
to the applicant with a letter detailing the plan deficiencies.
C. Upon receipt of the lot line revision plan, the Borough Engineer
shall review the plan for conformance with the provisions of this
Chapter. The Borough Engineer shall submit a report and recommendation
on the application to Borough Council within 30 days of the receipt
of the plan.
D. Upon the receipt of the report from the Borough Engineer, Borough
Council shall consider approval of the plan within the ninety-day
review period.
[Ord. 499, 9/13/2016, § 308]
1. Upon approval of a final plat by the Borough Council, the developer
shall, within 90 days of such final approval or within 90 days after
the date of delivery of an approved plat signed by the Borough Council,
following completion of conditions imposed for such approval, whichever
is later, record such plat in the Allegheny County Department of Real
Estate in accordance with § 513 of the MPC, 53 P.S. § 10513,
as amended.
2. Upon final approval, and filing of the final plat, the applicant
may commence and complete the approved development in accordance with
the terms of approval within five years from such approval and in
accordance with Part 6, Construction, Inspection, and Acceptance of
Improvements. The period of time allowed for completion may be extended
upon the mutual consent of the applicant and the Borough. Where the
final approval is preceded by preliminary approval, the five-year
period shall be counted from the date of the preliminary approval.
3. After an approved final plat shall have been officially recorded,
the streets, parks and other improvements shown thereon shall be considered
to be a part of the Official Plan of the Borough. Until final acceptance
and dedication by ordinance has been duly enacted, no property or
other public improvements shown on the final plat shall be deemed
a part of the public improvements of the Borough but on the contrary,
the same shall be deemed to be private streets, parks or public improvements
until and unless the same have been accepted in accordance with law.
No public improvement shall be accepted by the Borough unless completed
in accordance with Borough codes.