This chapter shall be known as the "Borough of Verona Subdivision
and Land Development Ordinance."
This chapter is adopted for the following purposes:
A.
To protect and provide for the public health, safety and general
welfare of the Borough of Verona.
B.
To guide the future growth and development of the Borough of Verona
in accordance with the Comprehensive Plan of the Borough of Verona.
C.
To provide for adequate light, air and privacy; to secure safety
from fire, flood and other danger; and to prevent overcrowding of
the land and undue congestion of population.
D.
To protect the character and social and economic stability of the
Borough of Verona and to encourage the orderly and beneficial development
of the Borough of Verona.
E.
To protect and conserve the value of land throughout the Borough
of Verona and the value of buildings and improvements upon the land,
and to minimize the conflicts among the uses of land and buildings.
F.
To guide public and private policy and action in order to provide
adequate and efficient transportation, water supply, sewerage, schools,
parks, playgrounds, recreation and other public requirements and facilities.
G.
To provide the most beneficial relationship between the uses of land
and buildings and the circulation of traffic within the Borough of
Verona, having particular regard to the avoidance of congestion in
the streets and highways, and the pedestrian traffic movements appropriate
to the various uses of land and buildings, and to provide for the
proper location and width of streets and building lines.
H.
To establish reasonable standards of design and procedures for subdivisions
and resubdivisions in order to further the orderly layout and use
of land, and to ensure proper legal descriptions and monumenting of
subdivided land.
I.
To ensure that public facilities are available and will have a sufficient
capacity to serve the proposed subdivision.
J.
To prevent the pollution of air, streams and riverfronts to assure
the adequacy of drainage facilities; to safeguard the water table;
and to encourage the wise use and management of natural resources
in order to preserve the community and value of the land.
K.
To preserve the natural beauty, topography and riverfronts of the
Borough of Verona and to ensure appropriate development with regard
to these natural features.
L.
To provide for open spaces through efficient design and layout of
the land.
M.
And finally, to ensure that documents prepared as part of a landownership
transfer fully and accurately describe the parcel of land being subdivided
and the new parcels thus created.
A.
Authority of the Borough Council. The Borough Council of the Borough
of Verona is vested by law with the control of the subdivision of
land and land development within the Borough of Verona by Act 247
of 1968, the Pennsylvania Municipalities Planning Code, as amended.[1] The Borough Council shall retain the authority to approve
all subdivision plans and land development plans as required herein.
Building permits issued pursuant to an approved subdivision or land
development shall be issued via the existing procedure of the Borough.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Authority of the Borough of Verona Planning Commission. The Planning
Commission is hereby designated by Borough Council as an agency which
shall review and made recommendations on preliminary and final subdivision
and land development plans, as required herein, prior to action by
the Borough Council and, when provided by ordinance, make other recommendations.
A.
Subdivision control. No subdivision, as herein defined, of any lot, tract or parcel of land shall be effected and no street, alley, sanitary sewer, storm sewer, water main or other facilities 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 or to abut thereon, except in strict accordance with the provisions of this chapter. No lot in any subdivision may be sold, and 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 plan has been approved and recorded and until the improvements required by the Borough Council in connection therewith have either been constructed or guaranteed as herein provided in § 220-39.
B.
Land development control.
(1)
Land development, as herein defined, must comply with the regulations
contained herein. Such compliance shall include, but not be limited
to, the filing of preliminary and final plats, the dedication and
improvement of rights-of-way, streets and roads, and the payment of
fees and charges as established by the Borough Council.
(2)
Land development plans shall be filed, indicate the location of each
structure and clearly define each unit, and shall indicate public
easements, common areas and improvements, all easements appurtenant
to each unit, and improvements to public rights-of-way. Developments
are subject to the zoning regulations as they apply to use and density
requirements, setbacks, parking and other features, and shall be indicated
on the land development plans.
A.
Interpretation. In interpreting and applying the provisions of this
chapter, they shall be held to be minimum requirements for the promotion
of public health, safety, comfort, convenience and general welfare.
B.
Conflict with public and private provisions.
(1)
Public provisions. Where any provision of this chapter imposes restrictions
different from those imposed by any other provision of this chapter
or any other ordinance, rule or regulation, or other provision of
law, whichever provisions are more restrictive or impose higher standards
shall control.
(2)
Private provisions. This chapter is not intended to abrogate any
easement, covenant or any other private agreement or restriction,
provided that, where the provisions of this chapter are more restrictive
or impose higher standards or regulations than such easement, covenant
or other private agreement or restriction, the requirements of this
chapter shall govern. Where the provisions of the easement, covenant
or private agreement or restriction impose duties and obligations
more restrictive or higher standards than the requirements of these
regulations or the determinations of the Borough Council in approving
a subdivision or in enforcing this chapter, and such private provisions
are not inconsistent with this chapter or determinations thereunder,
then such private provisions shall be operative and supplemental to
these regulations and determinations made thereunder.
