[Ord. 00030, 7/11/2005, § 301; as amended by Ord. 00077, 4/14/2014, § 5]
1. 
Subdivision and Land Development Control. No lot, tract, or parcel of land shall be subdivided and no land may be developed, and no street, sanitary sewer, stormwater or water main may be laid out, constructed, opened or dedicated for public use or for the use of occupants of buildings abutting or to abut on them, except in accordance with provisions of this chapter and other applicable Borough ordinances and resolutions and any and all federal, state, and county laws, regulations and ordinances. No lot in a subdivision may be sold, no permit to build, alter, or repair any building on land in a subdivision or land development may be issued, and no building may be erected in a subdivision or land development until a final subdivision and land development plan has been approved and recorded, in accordance with this chapter and, where required, improvements have been completed or their completion has been assured by a performance guarantee consistent with the terms of Article V of the Municipalities Planning Code, 53 P.S. § 10501 et seq. and this chapter.
2. 
Preapplication Borough Consultation. Prior to filing an application for approval of a subdivision or land development within Akron Borough, the owner or his authorized agent is strongly encouraged to meet with the Akron Borough Manager.
3. 
Preapplication Conservation District Consultation. Prospective developers should consult with the Lancaster County Conservation District representative concerning erosion and sediment control and the effect of geologic conditions on the proposed development.
4. 
Official Filing Date. Upon receipt of an application for subdivision or land development approval, the Zoning Officer shall affix to the application both the date of submittal and the official filing date.
5. 
Lancaster County Planning Commission Review. All plans shall be submitted by the applicant to, and reviewed by, the Lancaster County Planning Commission in accordance with its then prevailing rules and regulations. The Borough shall forward to the applicant a copy of any report of the Lancaster County Planning Commission.
6. 
SWMO [Chapter 17]. All plans submitted shall contain all planning and data required by the SWMO [Chapter 17], unless the same has been supplied previously in separate proceedings.
[Ord. 00030, 7/11/2005, § 302; as amended by Ord. 00077, 4/14/2014, § 6]
1. 
Plan Filing Fee. A filing fee shall accompany all plans and waiver requests. No application shall be accepted or acted upon unless payment is made to the Akron Borough. The Borough Council shall adopt by resolution a schedule of fees to be paid by the subdivider or land developer to defray the cost of administering and processing of plans. The schedule of fees may be changed from time to time by resolution of the Borough Council.
2. 
Review Fees.
A. 
Review fees shall include the reasonable and necessary charges by the Akron Borough's professional consultants and/or engineer for review and report to the Borough Council, and shall be set by resolution. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Akron Borough Engineer and/or consultant for similar service in the community, but in no event shall the fees exceed the rate of cost charged by the Engineer and/or consultant to the Akron Borough when fees are not reimbursed or otherwise imposed on applicants.
B. 
Deposits shall be paid in advance at time of application to be applied to review fees. Deposits shall be set from time to time by resolution of Borough Council.
3. 
Filing fees and review fees shall be submitted with all sketch, preliminary, and final plans.
4. 
All fees, costs and deposits under the SWMO [Chapter 17] have been previously paid by the applicant or shall be submitted with all fees, costs and deposits submitted pursuant to the above.
[Ord. 00030, 7/11/2005, § 303]
1. 
Applicants for subdivision or land development may submit a sketch plan to the Borough Planning Commission for review prior to submission of a formal application. However, submission of a sketch is not mandatory. The submission of a sketch plan does not constitute a formal subdivision or land development application.
2. 
Sufficient copies (no less than 10) of the entire sketch plan may be submitted to the Borough office for distribution to the Planning Commission, Zoning Officer, Solicitor and Borough Engineer 14 working days prior to the Planning Commission meeting at which the sketch plan is to be discussed.
3. 
Applicant shall also submit 8 x 17 site plans for review by other Borough officials and the public, in such numbers as the Zoning Officer shall designate.
[Ord. 00030, 7/11/2005, § 304]
1. 
The Planning Commission shall, at a meeting with the applicant, consider the suitability of the sketch plan for the development of the land and its relationship to the harmonious extension of streets and utilities, arrangement and density of housing, and compatibility of the plan with the Comprehensive Plan for the Borough. Based on this meeting, the Planning Commission shall submit its written comments to the applicant; provided, however, that the failure of the Planning Commission to submit comments in writing shall not be deemed to be an approval of any applicant or to vest any rights in the applicant.
2. 
The applicant may, but need not, request further review of the sketch plan by the Borough Council. If further review is requested, Borough Council may consider the sketch plan, may consider the written or other comments of the Planning Commission, may meet with the applicant, and may advise the applicant as to the Board's comments with respect to the sketch plan, provided, however, that Borough Council is not required to review the sketch plan nor submit comments to the applicant if Borough Council does review the sketch plan.
3. 
Where the submission of a sketch plan is optional, nothing herein contained, nor the failure of the Planning Commission or Borough Council, or both, to proceed or act in accordance with this section, shall be deemed to be a decision with respect to any such subdivision or land development plan or to vest any rights in the applicant.
[Ord. 00030, 7/11/205, § 305]
1. 
All preliminary plans submitted pursuant to this chapter shall conform to the requirements of this chapter and shall, in addition, conform to such administrative regulations of the Borough as may have been adopted by Borough Council at any time or from time to time and as shall be in effect and applicable to the submission at the time such submission is initiated. All submissions shall be on the form promulgated by the Borough for the submission of subdivision or land development plan and shall be submitted 14 working days prior to the Planning Commission meeting, at which the plan will be reviewed.
2. 
Official submission of a preliminary plan to the Borough Zoning Officer shall consist of:
A. 
The applicant for review of preliminary subdivision or land development plan on the form promulgated by the Borough for this purpose.
B. 
Sufficient copies (no less than 10) of the entire preliminary plan shall be submitted to the Borough Zoning Officer for distribution to the Planning Commission, Zoning Officer, Solicitor, Planning Commission Members, Borough Council members and Borough Engineer 14 working days prior to the Planning Commission meeting at which the preliminary plan is to be discussed.
C. 
Applicant shall also submit 11 x 17 site plans for review by other Borough officials and the public, in such numbers as the Zoning Officer shall designate.
D. 
Payment of application fees and deposit of escrow for plan review costs as prescribed in the applicable fee schedule.
3. 
Upon submission of a complete application, together with all required fees and escrow deposits, the Borough Zoning Officer shall accept the application, plans, and other required materials as filed, and shall transmit the requisite number of copies of the plans and other required materials to the Borough Manager, Borough Zoning Officer, Planning Commission members, Borough Solicitor, Borough Engineer and Borough Council members. In addition the Applicant shall transmit copies together with all required review fees to:
A. 
The Lancaster County Planning Commission. The Lancaster County Planning Commission, together with Appendix 24 or such other application as the Lancaster County Planning Commission shall have in effect at that time.
B. 
The Lancaster County Conservation District (one copy) for review of matters relating to drainage and abatement of soil erosion. The applicant shall pay any costs for such review.
C. 
Such additional persons or agencies as the Borough shall determine.
4. 
Borough Council.
A. 
Following an opportunity for review and recommendation by the Planning Commission and submittal of the preliminary plan to Borough Council, such plan shall be placed on its agenda for review and action.
B. 
In acting on the preliminary subdivision or land development plan, Borough Council shall review the plan and such written comments as are received from the Planning Commission, Borough Engineer, Borough Solicitor, County Planning Commission and all other review agencies, and comments from public hearings, if any, to determine conformity of the application to the standards of this and any other applicable ordinance. Borough Council may specify conditions, changes, modifications, or additions to the application which Council deems necessary and may make a decision to grant preliminary approval citing appropriate provision as prescribed in paragraph .D below.
5. 
For the purposes of § 508 of the Municipalities Planning Code, 53 P.S. § 10508, the Borough Planning Commission is the body which first reviews any application. All application for preliminary approval of a plan shall be acted upon by Borough Council and communicated to the applicant consistent with § 508 of the Municipalities Planning Code.
6. 
The decision of the Borough Council shall be in writing and shall be communicated to the applicant personally or mailed to the applicant consistent with § 508 of the Municipalities Planning Code, 53 P.S. § 10808. The form and content of the decision shall comply with applicable requirements of the Municipalities Planning Code.
7. 
Whenever the approval of a preliminary plan is subject to conditions, the written action of Borough Council shall specify each condition of the approval and require the applicant's written agreement to the conditions. Where the applicant's written concurrence is not received within the time specified, Borough Council shall be deemed to have denied approval.
[Ord. 00030, 7/11/2005, § 307]
1. 
The final plan shall conform to the terms of the approval of the preliminary plan and to the most recent administrative regulations adopted by the Borough.
2. 
Borough Council may permit submission of the final plan in sections, pursuant to the terms of the Municipalities Planning Code, 53 P.S. § 10101 et seq.
3. 
Official submission of a plan to Borough Secretary or in her/his absence, the Borough Zoning Officer, shall consist of:
A. 
The application for review of final subdivision or land development plan on the form promulgated by the Borough for this purpose.
B. 
Sufficient copies (no less than 10) of the entire final plan shall be submitted to the Borough Zoning Officer for distribution to the planning commission, Zoning Officer, Solicitor, Borough Council and Borough Engineer 14 working days prior to the Planning Commission Meeting at which the final plan is to be discussed.
C. 
Applicant shall also submit 11 x 17 site plans for review by other Borough officials and the public, in such numbers as the Zoning Officer shall designate.
D. 
Payment of application fees and deposit of escrow for plan review costs as prescribed in the applicable fee schedule.
4. 
Upon submission of a complete application, together with all required fees and escrow deposits, the Borough Secretary shall accept the application, plans, and other required materials as filed, and shall transmit the requisite number of copies of the plans and other required materials to the Borough Manager, Borough Zoning Officer, Planning Commission members, Borough Solicitor, Borough Engineer and Borough Council members. In addition, the applicant shall transmit copies together with all required review fees to:
A. 
The Lancaster County Planning Commission, the Lancaster County Planning Commission, together with Appendix 24 or such other application as the Lancaster County Planning Commission shall have in effect at that time.
B. 
The Lancaster County Conservation District (one copy) for review of matters relating to drainage and abatement of soil erosion. The applicant shall pay any costs for such review.
C. 
Such additional persons or agencies as the Borough shall determine.
[Ord. 00030, 7/11/2005, § 308]
1. 
Borough Planning Commission.
A. 
The Planning Commission shall review the final plan submitted and shall consider any recommendations of the Borough Engineer, the Borough Solicitor, the Borough Zoning Officer and any other reviewing agency submitting comments.
B. 
After such review, the Zoning Officer shall send written notice of the action of the Planning Commission and the reasons therefore, citing specific sections of the statutes or ordinances relied upon to: (1) Borough Council, (2) the applicant and (3) the governing body of any adjacent municipality if the proposed project includes land in that municipality or directly on its boundaries.
2. 
Borough Council.
A. 
When the Planning Commission has officially returned a written report on a final plan to Borough Council, such plan shall be placed on the agenda of Borough Council for review.
B. 
In acting on the final subdivision or land development plan, Borough Council shall review the plan and the written comments of the Planning Commission, Borough Engineer, Borough Solicitor, County Planning Commission and all other review agencies, and comments from public hearings, if any, to determine conformity of the application to the standards of this and any other applicable ordinance. Borough Council may specify conditions, changes, modifications, or additions to the application which Council deems necessary and may make a decision to grant approval citing appropriate provision as prescribed in paragraph .D below.
C. 
For the purposes of § 508 of the Municipalities Planning Code, 53 P.S. § 10508, the Borough Planning Commission is the body which first reviews any application. All applications for final approval of a plan shall be acted upon by Borough Council and communicated to the applicant consistent with § 508 of the Municipalities Planning Code.
D. 
The decision of the Borough Council shall be in writing and shall be communicated to the applicant personally or mailed to the applicant consistent with § 508 of the Municipalities Planning Code, 53 P.S. § 10508. The form and content of the decision shall comply with applicable requirements of the Municipalities Planning Code, 53 P.S. § 10101 et seq.
E. 
Whenever the approval of a final plan is subject to conditions, the written action of Borough Council shall specify each condition of the approval and require the applicant's written agreement to the conditions. Where the applicant's written concurrence is not received within the time specified, Borough Council shall be deemed to have denied approval.
F. 
Copies of the final plan as finally approved, with the appropriate signature blocks for Borough Council and Borough Planning Commission endorsements, shall be distributed by the applicant as follows: (1) One Mylar copy of the complete final plan to the Borough Secretary to be endorsed by Borough Council and the Borough Planning Commission prior to its recording. (2) One print copy of the complete final plan to be retained in the Borough files, together with one copy of all supporting materials. (3) Upon recording, one Mylar and one print copy of the complete final plan recorded in accordance with § 22-310 to be retained in the Borough files.
3. 
No final plan shall be approved unless:
A. 
All improvements have been satisfactorily completed and installed as required by this chapter.
B. 
In lieu of the completion and installation of any improvements required as a condition of final plan approval, the applicant shall provide financial security in accordance with provisions of § 22-309 herein.
C. 
The applicant shall execute a subdivision and land development agreement in accordance with § 22-308 herein.
D. 
If requested, the applicant shall tender a deed of dedication to the Borough for such streets, any and all easements for sanitary sewers, water lines, or storm sewers, and improvements thereto, including street paving, sidewalks, shade trees, water mains, fire hydrants, sanitary and storm sewers, manholes, inlets, pumping stations, and other appurtenances as shall be constructed as public improvements and as are required for the promotion of public welfare, after all streets, sidewalks, sewers and the like are completed and such completion is certified as satisfactory by the Borough Engineer. Borough Council may require that the applicant supply a title insurance policy from a licensed company before any property is accepted by the Borough.
E. 
Whenever the applicant is providing open space as part of the development, an easement in perpetuity restricting such open space against further subdivision or development shall be executed between the applicant and the Borough or an organization acceptable to the Borough, and shall run to the benefit of the Borough and lot purchasers in the subdivision or land development. A recorded copy of the deed of easement shall be presented prior to the issuance of any building permit within the subdivision or land development.
F. 
The applicant shall have applied for all required permits from agencies having jurisdiction over ancillary matters necessary to effect the subdivision or land development, such as the PennDOT, DEP, etc.
[Ord. 00030, 7/11/2005, § 309]
1. 
The applicant shall execute an agreement, to be approved by the Borough, before the final plan is approved by Borough Council and filed on record. Said agreement shall specify the following where applicable:
A. 
The applicant shall agree to lay out and construct all streets and other improvements, including grading, paving, curbs, gutters, sidewalks, streetlights, fire hydrants, water mains, street signs, trees, storm and sanitary sewers, landscaping, traffic control devices, open space areas, and erosion and sediment control measures and other required improvements in accordance with the final plan as approved, where any or all of these improvements are required as conditions of approval.
B. 
The applicant shall guarantee the completion and maintenance of all improvements by means of a type of financial security acceptable to the Borough, as specified in § 22-309 of this chapter.
C. 
The applicant shall agree to tender a deed or deeds of dedication to the Borough for such streets and for such easements for sanitary and storm sewers, sidewalks, manholes, inlets, pumping stations, and other appurtenances as shall be constructed as public improvements, provided that the Borough shall not accept dedication of such improvements until their completion is certified as satisfactory by the Borough Engineer and all procedures have been accomplished at the owner's expense so that the Borough has in its possession all necessary paperwork to accept dedication and to apply for liquid fuel tax reimbursement from the Commonwealth of Pennsylvania. The Borough shall have no duty to accept tendered improvements that were not agreed to be accepted at the time of plan approval.
[Ord. 00030, 7/11/2005, § 310; as amended by Ord. 00077, 4/14/2014, § 7]
1. 
When requested by the developer, in order to facilitate financing, the Borough shall furnish the developer with a signed copy of a resolution indicating approval of the final plan contingent upon the developer obtaining a satisfactory financial security. The final plan shall neither be signed nor recorded until the financial improvement agreement is executed. The resolution or letter of contingent approval shall expire and be deemed to be revoked if the financial security agreement is not executed within 90 days from the date of said resolution unless a written extension is granted by the Borough; such extension shall not be unreasonably withheld and shall be placed in writing at the request of the developer.
2. 
Financial security required herein shall be in the form of a federal or commonwealth chartered lending institution irrevocable letter of credit, a restrictive or escrow account in such institution or with a financially responsible bonding company, or such other type of financial security which the Borough may approve in accordance with the Municipalities Planning Code, 53 P.S. § 10101 et seq.
3. 
The said financial security shall provide for, and secure to the public the completion of all subdivision improvements for which such security is being posted within one year of the date fixed in the subdivision plan and subdivision agreement for such completion of such improvements unless a later date is agreed to between the applicant and Borough Council. The amount of financial security required shall be based upon estimates of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer, licensed in Pennsylvania, and certified by such engineer to be a fair and reasonable estimate of such costs. Borough Council, upon the recommendation of the Borough Engineer, may refuse to accept such estimate should the Borough Engineer feel that the estimate is unrealistically low. If the applicant and the Borough are unable to agree upon an estimate, the estimate shall be determined in accordance with the terms of § 509(g) of the Municipalities Planning Code, 53 P.S. § 10509(g).
4. 
Where development is projected over a period of years, Borough Council may authorize submission of final plans by section or stage of development, subject to such requirements of guarantees as to improvements in the future sections or stages of developments as it finds essential for the protection of any finally approved section of the development, and consistent with the terms of § 508(4) of the Municipalities Planning Code, 53 P.S. § 10508(4).
5. 
As the work of installing the required improvements proceeds, the party posting the financial security may request Borough Council to release or authorize to be released, from time to time, such portions of the financial security necessary for payment to the contractor performing the work. Any such requests shall be in writing addressed to Borough Council, and Borough Council shall act on said request pursuant to the provisions of the Municipalities Planning Code, 53 P.S. § 10101 et seq. The Borough Engineer, in certifying the completion of work for a partial release, shall not be bound to the amount requested by the applicant, but shall certify to Borough Council his independent evaluation of the proper amount of partial releases. Borough Council may prior to final release at the time of completion and certification by the Borough Engineer, require retention of 10% of the estimated cost of the said improvements for maintenance and repair thereto for a period of no more than 18 months following final release in accordance with the provisions of this chapter.
6. 
The Borough shall have the right, but no duty, to allow the developer to combine security under this chapter and Chapter 17 relating to stormwater management facilities if such combination is reflected in an improvement guarantee agreement in a form acceptable to the Borough's Solicitor, which from time to time, may be adopted by resolution of Borough Council.
[Ord. 00030, 7/11/2005, § 311]
In accordance with the Municipalities Planning Code, 53 P.S. § 10101 et seq., the final plan shall be recorded by the applicant in the office of the Recorder of Deeds of Lancaster County, and a copy of the recorded plan shall be furnished to the Borough. If such plan should fail to be recorded within the specified period of time, and the time for recording has not been extended by the written action of Borough Council, then the approval thereof shall be considered null and void. Borough Council may reinstate approval of the plan and authorize its recording where, following expiration of the ninety-day period or any approved extension thereof, no significant changes to relevant Ordinance provisions or to other circumstances relevant to the proposed plan have been made. Conversely, in the event such changes to the proposed plan have occurred, the original plan approval shall continue to be null and void.
[Ord. 00030, 7/11/2005, § 312]
1. 
No construction or land disturbance activities shall be commenced until the applicant submits to the Borough Zoning Officer a copy of the Lancaster County Recorder of Deed receipt for the recording of the final plan.
2. 
No applicant for permit under the Borough Zoning Ordinance [Chapter 27] shall be submitted and no permit under the Borough Zoning Ordinance [Chapter 27] shall be issued for any building in any subdivision or land development and no work shall be done on any building in any subdivision or land development until the final plans for the said subdivision or land development have been approved and recorded as provided for herein. Further, where final subdivision or land development approval has been conditioned upon the submission and approval of individual lot grading plans for some or all of the lots, no building permit shall be issued for construction on any such lot until this condition has been satisfied.
3. 
No water or sanitary sewer systems, including extensions to existing or proposed Borough systems shall be constructed prior to the issuance of appropriate permits from the Pennsylvania Department of Environmental Protection or from federal or local agencies, as required.
[Ord. 00030, 7/11/2005, § 313]
The approval of any subdivision or land development plan shall be effective for periods established by § 508(4) of the Municipalities Planning Code, 53 P.S. § 10508(4). The aforementioned section of the Municipalities Planning Code shall control any phased submission and any vested rights which may accrue from the date of the preliminary plan approval.