Borough of Rankin, PA Part 3 APPLICATION REQUIREMENTS AND PROCESSING PROCEDURES

§ 22-301 General.

[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.

§ 22-302 Pre-Application Conference/Sketch Plan (Optional).

[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.

§ 22-303 Application for Preliminary Approval.

[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.

(9) The legend and notes.

(10) Front setbacks.

(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.

(17) Floodplain areas.

(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.

§ 22-304 Application for Final Approval.

[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.

(4) Street names.

(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.[1]

[1] Editor's Note: See 53 P.S. § 10509(a).

(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.[2]

[2] Editor's Note: See 53 P.S. § 10509(f).

(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.[3]

[3] Editor's Note: See 53 P.S. § 10509(b).

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.

§ 22-305 Approval of Subdivision and Land Development Applications Proposed in Phases.

[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.

§ 22-306 Development Agreement.

[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.

§ 22-307 Simple Lot Line Revisions and Minor Subdivision.

[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.

Any additional subdivision of a tract from which a minor subdivision has already been formed shall be deemed a major subdivision.

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.

(5) Section 22-304, Subsection 3I(7) , inspection fees.

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.

§ 22-308 Recording of Final Plat.

[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.