[Amended 3-7-1984 by Ord. No. 87; 6-5-1991 by Ord. No. 104; 10-7-2009 by Ord. No. 2009-6]
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."
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
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:
Section 508(4) of the Pennsylvania Municipalities Planning Code
shall apply.[1]
[1]
Editor's Note: See 53 P.S. § 10508(4).
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.
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.
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.
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.
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.
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.
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.
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.
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.