These regulations, rules, and standards for planning, subdividing,
and developing land within the Borough of Lewisburg, including procedures
for the application for approval of land development and subdivision
plans and the approval thereof, as well as penalties for the violation
of any regulations herein contained, will be known, cited and referred
to as the "Subdivision and Land Development Ordinance" for the Borough
of Lewisburg.
The general purpose of this chapter is to promote the health,
safely and general welfare of the citizens of the Borough of Lewisburg
through the establishment of uniform standards and procedures for
subdivision and land development activity within the Borough it is
intended that the regulation of development throughout the Borough
will be of mutual benefit to residents, property owners, developers,
adjacent municipalities. Union County, and the general public. The
Borough Council hereby cites the following as specific purposes for
which this chapter was ordained and enacted:
A. To provide for orderly, safe, efficient development of the land to
obtain harmonious and stable neighborhoods.
B. To promote new development that is well designed, of high quality,
and suited to the natural conditions of the site.
C. To coordinate land development in accordance with the Zoning Ordinance, and other plans of the Borough.
D. To provide for safe and convenient vehicular and pedestrian circulation
throughout the Borough.
E. To assure that the adverse impacts of development on valued scenic,
historic and cultural features and resources of the Borough are minimized
to the greatest practical extent.
F. To responsibly manage and control stormwater runoff, by maintaining
groundwater infiltration, water quality, reducing stream erosion and
maintaining natural stormwater runoff characteristics.
G. To establish adequate and economical provisions for utilities and
public services to conserve public funds.
H. To assure that sites are suitable for development, building, and
human habitation and to prevent development that may be hazardous,
may aggravate an existing hazard, or may endanger life or property.
I. To promote the consideration of and compliance with other federal,
state, county, and/or local acts, codes, laws, ordinances, plans,
policies, rules, regulations, and statutes, including the comprehensive
plans of Union County.
J. To provide for the equitable processing of all subdivision and land
development plans.
K. To ensure that provisions are made for encouraging and promoting
flexibility, economy, and ingenuity in the layout and design of subdivisions
and land developments, and for encouraging practices which are in
accordance with modern and evolving principles of site planning and
development.
L. To provide uniform standards and procedures for the preparation and
recording of all subdivision and land development plans with the Union
County Office of Recorder of Deeds so that the land records of the
county are accurate and complete.
The provisions of this chapter will be considered to be the
minimum standards necessary to meet the purposes contained herein
and the general purposes of the Pennsylvania Municipalities Planning
Code Act 247 of 1968. P.L. 805, No. 247 (53 P.S. § 10101,
et seq.) as from time to time reenacted and amended. As such all persons
are required to submit to the Union County Planning Commission a subdivision
and/or land development plan for any activity that constitutes a subdivision
or land development as defined in this chapter.
A. General. Pursuant to the provisions of the Pennsylvania Municipalities
Planning Code, Act 247 of 1968, P.L. 805, No. 247 (53 P.S. § 10101,
et seq.) as from time to time reenacted and amended no subdivision
or land development of any lot, tract or parcel of land will be made,
no street, sanitary sewer, storm sewer, water main, or other improvements
in connection therewith will be laid out, constructed, opened, or
dedicated for public use or travel, or for the common use of occupants
of buildings abutting thereon, except in accordance with the provisions
of this chapter.
B. Pending or approved applications. The provisions of this chapter
will not affect any application for subdivision or land development
that is pending approval prior to the effective date of this chapter.
Such applications will comply with regulations in effect at the time
the application was filed in addition no provision of this chapter
will adversely affect the right of an applicant to complete any aspect
of a plan that was approved prior to the effective date of this chapter
in accordance with the terms of such approval within five years from
the date of first approval.
C. Recording required. All subdivision and land development plans approved
by the Borough Council in accordance with this chapter will be recorded
in the Office of the Recorder of Deeds in and for Union County Pennsylvania,
within 90 days of the date of approval affixed to the plan Failure
to record the plan within the ninety-day period will render the plan
null and void as if it were never approved.
D. County approval/review notation. The Union County Recorder of Deeds
will not accept any subdivision or land development plan for recording
unless the plan officially notes the approval of the Borough Council,
the recommendation of the Lewisburg Planning Commission, and the nonjurisdictional
review by the Union County Planning Department.
The Borough Council may from time to time revise modify and
amend this chapter pursuant to the provisions of the Pennsylvania
Municipalities Planning Code Act 247 of 1968 P.L. 805 No. 247 (53
P.S. § 10101 et seq), as from time to time reenacted and
amended, or other applicable law in effect at the time of said amendment.
However in the event that the amendments of the Pennsylvania Municipalities
Planning Code require changes in the provisions of this chapter (e.g.,
definitions, approval requirements, guarantee for completion of improvements,
etc.), said amendments will automatically become a part of this chapter
and the Borough Council will be authorized to attach to this chapter
and to copies hereof written addendum setting forth such Pennsylvania
Municipalities Planning Code amendments and the sections of this chapter
affected thereby.
Approvals issued pursuant to this chapter do not relieve the
applicant of the responsibility to secure required permits or approvals
for activities regulated by any other applicable act, code, law, ordinance,
plan, policy, rule, regulation or statute.
Where a municipality under jurisdiction of this chapter has
enacted a local zoning ordinance, building code, road ordinance, or
other ordinance, code, resolution, or regulation other than a subdivision
and land development ordinance which imposes more restrictive standards
and requirements than contained herein, such other standards and requirements
will take precedent and prevail where there is conflict with the provisions
of this chapter.
If the requirements of this chapter conflict with those contained
in deed restrictions, covenants, easements, or other private agreements,
the requirements that are more restrictive or which impose higher
standards will govern, provided that the private provisions are otherwise
lawful.
The Lewisburg Borough Subdivision and Land Development Ordinance
enacted March 15, 1983, Ordinance No. 83-3 as amended by Ordinance
No. 833 enacted October 20, 1987, Ordinance No. 866 and 871 enacted
September 18, 1990, Ordinance No. 894, enacted October 18, 1994, Ordinance
No. 993, enacted July 21, 2009, and all other ordinances or sections
thereof and resolutions, which are inconsistent with any of the provisions
herein, are hereby repealed. Repeal of said ordinances or resolutions
will not be construed to affect any suit or proceeding now pending
in any court or any rights accrued or liability incurred or any cause
or causes of action accrued or existing under any ordinance repealed
hereby; nor will any right or remedy be lost, impaired, or affected
by this chapter.
Should a court of competent jurisdiction declare any section,
subsection, or provision of this chapter invalid, such decision will
not affect the validity of this chapter as a whole, or any other part
of the remaining provisions of the ordinance. The Borough Council
hereby declares that it would have enacted the remainder of this chapter
even without any such part, provision, or application.
The granting of approval of a subdivision or land development
plan or any improvement installed as a condition thereof, will not
constitute a representation, guarantee, or warranty of any kind by
the Borough of Lewisburg, or by any official, employee, agent, or
appointee thereof of the practicality or safety of the proposed use
or improvement, and will create no liability upon or cause of action
against the Borough of Lewisburg, its officials, employees, agents
or appointees for any damage that may result pursuant thereto. The
applicant is responsible for ensuring that any subdivision or land
development will not cause injury or damage to other persons or property.
Specific methods and publications referenced in this chapter
will in all cases refer to the latest available edition and will include
revisions, amendments, and/or replacements thereto.
This chapter shall become effective immediately upon enactment.