[Ord. 499, 9/13/2016, § 101]
This Chapter shall be known, and may be cited, as the "Rankin
Borough Subdivision and Land Development Ordinance."
[Ord. 499, 9/13/2016, § 102]
1.
The Pennsylvania Municipalities Planning Code (MPC), 53 P.S. § 10101
et seq., authorizes municipalities to regulate the subdivision and
development of land in the municipality by enacting a subdivision
and land development ordinance. This Chapter requires that all proposed
land developments and subdivisions, as defined by the MPC, of property
within the Borough shall be submitted to the Borough Council and Borough
Planning Commission for review and approval as established herein.
2.
In accordance with § 502(b) of the MPC, 53 P.S. § 10502(b),
as amended, applications for subdivision and land development shall
be forwarded upon receipt by the Borough to the county planning agency
for review and report. The Borough shall not approve such applications
until the county report is received or until the expiration of 30
days from the date the application was forwarded to the county.
3.
The Borough Planning Commission is hereby designated as the reviewing
authority of and for the Borough Council of Rankin Borough, and is
charged with the duty of making investigations, reports and recommendations
on the design and improvement of proposed subdivisions and land developments;
and shall submit such reports and recommendations to the Borough Council.
4.
The provisions of this Chapter shall apply to the area within the
boundaries of Rankin Borough, Allegheny County, Pennsylvania.
[Ord. 499, 9/13/2016, § 103]
1.
This Chapter is adopted for the following purposes:
A.
To assure sites suitable for building purposes and human habitation
and to provide for the harmonious development of the Borough.
B.
To assure coordination of existing streets and highways with proposed
streets or other features of the comprehensive plan of the Borough.
C.
To assure adequate open space for traffic, recreation, light and
air and for proper distribution of population, thereby creating conditions
favorable to the health, safety, morals and general welfare of the
citizens.
D.
To secure equitable treatment of all land development and subdivision
plans by establishing definitions, design standards, plan requirements
and conditions of acceptance of public improvements by the Borough.
E.
To protect the environment of the Borough and reduce the maintenance
costs of public improvements by promoting efficient development, maintaining
minimum standards and regulating development in identified floodplain
areas.
F.
To make adequate provision for transportation, water flowage, water
supply, drainage, sanitation, educational opportunities, recreation,
protection of the tax base, securing economy in governmental expenditures
and the protection of Borough needs.
[Ord. 499, 9/13/2016, § 104]
In the interpretation and application of this Chapter, the provisions
shall be held to be minimum requirements, adopted for the promotion
of health, safety, morals and general welfare.
[Ord. 499, 9/13/2016, § 105]
It shall be the responsibility of the applicant to comply with
this Chapter and other applicable Borough ordinances, and to determine
the availability of services and facilities in the area to be subdivided
or developed.
[Ord. 499, 9/13/2016, § 106]
Any person aggrieved by a decision of the Borough Council concerning
an application for approval of a subdivision or land development may
appeal the decisions in accordance with the procedures specified in
Article X-A of the MPC, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 11001-a et seq.
[Ord. 499, 9/13/2016, § 107]
1.
No subdivision or land development of any lot, or parcel shall be
made; no street, sanitary sewer, storm sewer, water main or other
improvements in connection therewith shall be laid out, constructed,
opened or dedicated for public use or travel, or for the common use
of occupants of buildings abutting thereon, except after approval
of plats in accordance with the provisions of this Chapter.
2.
On and after the effective date of this Chapter, no lot in a subdivision
may be sold, no permit to erect, alter or repair any building upon
land in a subdivision may be issued, and no building may be erected
in a subdivision, unless and until a subdivision plat has been approved
and recorded, and until the improvements required herein in connection
therewith have either been constructed or guaranteed as required by
this Chapter.
[Ord. 499, 9/13/2016, § 108]
1.
In addition to complying with the provisions of this Chapter, all
subdivisions and land developments within the Borough shall comply
with all applicable Borough ordinances as amended or adopted from
time to time.
2.
Compliance with applicable Borough, county, state or federal regulations
shall be a condition of approval of any approval under the provisions
of this Chapter.
[Ord. 499, 9/13/2016, § 109]
1.
The Borough Council may from time to time amend, add to, change,
or repeal in its entirety this Chapter. Such amendments shall be enacted
in accordance with the MPC, 53 P.S. §§ 10505 and 10506,
as amended.
2.
From the time an application for approval of a plat, whether preliminary
or final, is duly filed as provided in the chapter, and while such
application is pending approval or disapproval, no change or amendment
of the zoning, subdivision or other governing ordinance or plan shall
affect the decision on such application adversely to the applicant
and the applicant shall be entitled to a decision in accordance with
the provisions of the governing ordinances or plans as they stood
at the time the application was duly filed. In addition, when a preliminary
application has been duly approved, the applicant shall be entitled
to final approval in accordance with the terms of the approved preliminary
application as hereinafter provided. However, if an application is
properly and finally denied, any subsequent application shall be subject
to the intervening change in governing regulations.
[Ord. 499, 9/13/2016, § 110]
If any part of this Subdivision and Land Development Ordinance
is held to be illegal, unenforceable or unconstitutional, it is the
Borough of Rankin's intention that all remaining provisions of
the ordinance shall remain in full force and effect.
