Borough of Jacobus, PA Article I General Provisions

[Amended 3-7-1984 by Ord. No. 87; 6-5-1991 by Ord. No. 104; 10-7-2009 by Ord. No. 2009-6]

§ 215-1 Title.

A. Long title: "An ordinance of Jacobus Borough, York County, Pennsylvania, providing for the regulation and control of the subdivision of lots and the development of land; the approval of plans, plots, or replots of land laid out in building lots; standards for the design of streets, lots, easements, blocks and other improvements; certain minimum improvements and construction standards on streets and improvements; financial security requirements for improvements; the administration of this chapter by the Jacobus Borough Planning Commission and Borough Council; and penalties for the violation of this chapter."

B. Short title. This chapter shall be known and may be cited as the "Jacobus Borough Subdivision and Land Development Ordinance of 2009."

§ 215-2 Purpose.

The purpose of this chapter is to create conditions favorable to the health, safety, morals, and general welfare of the citizens by:

A. Assisting in the orderly and efficient integration of subdivisions;

B. Ensuring conformance of subdivision plans with the public improvement plans of the Borough;

C. Ensuring sites suitable for building purposes and human habitation;

D. Facilitating the efficient movement of traffic and avoiding traffic hazards and congestion;

E. Securing equitable handling of all subdivision plans by providing uniform procedures and standards;

F. Improving land records by establishing standards for surveys and plans;

G. Safeguarding the interests of the public, the homeowner, the subdivider and the municipality;

H. Preserving natural and historic features; and

I. Carrying out the goals and objectives of the Comprehensive Plan and the Pennsylvania Municipalities Planning Code.[1]

[1] Editor's Note: See 53 P.S. § 10101 et seq.

§ 215-3 Applicability.

A. No subdivision or land development of any lot, tract, or parcel of land shall be made, and no street, sanitary sewer main, water main or other improvements required in connection with a proposed subdivision or land development shall be constructed, opened or dedicated for use of the public or the occupants of the proposed subdivision or land development, and no building that first needs land development approval shall be constructed, except in accordance with this chapter.

B. A lot or parcel that was not a legal lot of record prior to adoption of this chapter shall not be created, sold or transferred, and no land development may occur on a lot unless and until the subdivision of the lot and/or the approval of the land development, as applicable, has been granted final plan approval and any subdivision has been recorded and either of the following occurs, as provided in § 215-59:

(1) The Borough has been assured, by means of a development agreement and guarantees acceptable to the Borough Council, that the improvements will subsequently be installed; or

(2) The required improvements in connection therewith have been entirely completed.

C. Landowner. No subdivision or land development shall be submitted to the Borough for review except by the landowner of such land or his/her specifically authorized agent. (See definition of "landowner" in Article II, which includes "equitable owner.")

D. Zoning. All subdivisions and land developments shall comply with Chapter 250, Zoning, of the Code of the Borough of Jacobus and other relevant Borough codes and ordinances.

§ 215-4 Revisions to Borough regulations after submittal of application.

Section 508(4) of the Pennsylvania Municipalities Planning Code shall apply.[1]

[1] Editor's Note: See 53 P.S. § 10508(4).

§ 215-5 Interpretation.

A. Standards.

(1) The provisions of this chapter shall be interpreted and applied as minimum requirements for the promotion of the public health, safety, convenience and general welfare.

(2) Where provisions, standards, and specifications of this chapter conflict with those of any state statute, other ordinance or regulations, the more restrictive requirement shall apply, regardless of its source, unless specified to the contrary.

B. Illustrations. The illustrations in this chapter are for general illustrative purposes and are not part of the regulations of this chapter.

§ 215-6 Modifications and waivers.

A. An applicant seeking a modification or waiver to a provision of this chapter shall submit to the Borough offices a request, in writing, that states the specific chapter section(s) involved and the reasons for the request. The Planning Commission may provide a recommendation. The Borough Council may, in writing, grant a waiver or modification to the specific requirements of this chapter. This section is established under Section 503(8) of the Pennsylvania Municipalities Planning Code,[1] which authorizes waivers and modifications when the literal compliance with mandatory provisions is shown, to the satisfaction of the Borough Council, to be unreasonable or to cause undue hardship or when an alternative standard can be demonstrated to provide equal or better results.

[1] Editor's Note: See 53 P.S. § 10503(8).

B. The applicant must prove that the request will meet one or more of the following conditions:

(1) Avoid an undue hardship that was not self-created and that is not financial in nature and that results from the peculiar and uncommon conditions of the property;

(2) Avoid a clearly unreasonable requirement; or

(3) Allow an alternative standard that is clearly proven by the applicant to provide equal or better results.

§ 215-7 Fees.

A. See § 215-22.

B. The applicant is also required to pay any review fees and/or permits required by the Borough, York County Planning Commission, the Sewer Authority, the water company and the York County Conservation District, as well as any other applicable agencies.

C. Plans shall not be considered filed until all fees are paid and the applications are properly signed as required.

D. If the expenses of the Borough for reviews of a subdivision or land development exceed the total fees that have been paid or placed in escrow by an applicant, additional funds shall be required to be deposited by the applicant. If expenses exceed the amount placed into escrow, such excess expenses shall be paid by the applicant prior to release of the final plans by the Borough for recording. If the funds exceed the amount of the expenses, the excess shall be refunded to the applicant.

E. If the applicant disputes the fees, the applicant can appeal in accordance with Sections 503 and 510 of the Pennsylvania Municipalities Planning Code, as amended.[1]

[1] Editor's Note: See 53 P.S. §§ 10503 and 10510.

§ 215-8 Alternate plans; revisions and resubdivisions.

A. Alternate plans. Only one plan concerning any one area of land shall be before the Borough for review at any one moment in time, unless specifically authorized by the Borough. Simultaneously submitted alternate plans will not be considered.

B. Revisions and resubdivisions.

(1) Until a submission is approved or rejected by the Borough Council, the applicant may withdraw the submission and submit a revised plan following the submission and review procedures which apply to that plan. For any submittal of a revision of a previously submitted plan, the Borough may require the applicant to submit additional amounts into an escrow account, or other fees, if needed, based upon the Borough's expenditures on the review up to that time.

(2) A revision or resubdivision of a recorded plan or a final plan approved by the Borough Council shall be considered as a new subdivision and shall comply with all of the regulations of this chapter.

(3) If the Borough staff determines that a revision of a previously approved plan is only to correct erroneous data or minor omissions or supporting documentation, the plan may be submitted under the simplified requirements and procedures that apply to a minor subdivision.

§ 215-9 Amendments.

A. The regulations set forth in this chapter may, from time to time, be amended by the Borough Council, following the procedures of the Pennsylvania Municipalities Planning Code,[1] as amended, including a Borough Council public hearing (with public notice required by the Pennsylvania Municipalities Planning Code) and the required legal advertisement.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

B. Reviews. The Borough shall submit each proposed amendment (other than an amendment prepared by or under the direction of the Planning Commission) to the Borough Planning Commission for recommendations at least 30 days prior to the date of the public hearing. The Borough shall submit any proposed amendment to the York County Planning Commission at least 30 days before the public hearing on such amendment.

§ 215-10 Appeals to courts.

Decisions of the Borough Council may be appealed in accordance with the Pennsylvania Municipalities Planning Code, as amended.[1]

[1] Editor's Note: See 53 P.S. § 10101 et seq.

§ 215-11 Enforcement.

A. Inspectors. The Borough Council shall authorize one or more persons, which may include the Zoning Officer, Codes Administrator and the Borough Engineer and his/her representatives, to enforce the provisions of this chapter and the accompanying design standards and improvement specifications.

B. Inspection. Any action under this chapter is subject to on-site inspection by the Borough or its authorized representatives to ensure compliance with this chapter, other Borough ordinances and the approved plans.

C. Remedies. Any action inconsistent with the provisions of this chapter shall be subject to an enforcement notice, which may include a cease and desist order, and other appropriate measures by the Borough Council or its authorized representatives.

§ 215-12 Violations and penalties.

A. Any person, partnership or corporation who or which has violated any provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough Council or its authorized representatives, pay a judgment of not more than $500, plus all court costs, including reasonable attorneys' fees incurred by the municipality as a result thereof, unless a higher penalty is established under state law. This shall include, but not be limited to, any person, partnership or corporation that accomplishes any act listed under § 215-3, Applicability, without following the applicable procedures of this chapter.

B. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.

C. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation. Imprisonment shall not be authorized as a penalty under this chapter.

D. See also the remedies provisions of § 215-11C of this chapter. All fines collected for such violations shall be paid over to the Borough.

§ 215-13 Borough liability.

Neither the approval nor the granting of any building permit, floodplain permit, site plan review, subdivision approval, land development approval, zoning permit, erosion review, stormwater runoff review, wetland delineation or wetland review, steep slope review or any other review or permit of this chapter involving any land governed by the provisions of this chapter by an officer, employee, consultant or agency of the Borough shall constitute a representation, guarantee or warranty of any kind by the Borough or its employees, consultants, officials or agencies of the practicality or safety of any structure, use or subdivision and shall create no liability upon, nor a cause of action against, any Borough body, consultant, official or employee for any damage that may result pursuant thereto.