This chapter shall be known and may be cited as the "Borough
of Palmyra Subdivision and Land Development Ordinance of 2012."
The purpose of this Subdivision and Land Development Ordinance
is to provide for the harmonious development of the Borough by:
A.
Assisting in the orderly and efficient integration of land developments
within the Borough.
B.
Ensuring conformance of development plans with the most recent version
of the Borough's Comprehensive Plan and other municipal documents.
C.
Ensuring the provision of adequate public facilities, including roadways,
walkways, water supply, storm and sanitary sewer facilities, open
spaces and other improvements for the public health, safety and welfare.
D.
Ensuring coordination of intermunicipal and intramunicipal public
improvement plans and programs.
E.
Securing the protection of water resources, drainageways and other
environmental resources.
F.
Facilitating the safe and efficient movement of traffic.
G.
Securing equitable handling of all development plans by providing
uniform standards and procedures.
H.
In general, promoting greater health, safety, and welfare of the
citizens of the Borough.
A.
The Council of the Borough of Palmyra, Lebanon County, Pennsylvania,
pursuant to the Pennsylvania Municipalities Planning Code (MPC), Act
of July 31, 1968, P.L. 805, No. 247, reenacted and amended,[1] hereby enacts and ordains the following chapter governing
subdivisions and land developments within the limits of Borough of
Palmyra.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The Borough Council shall administer and enforce this chapter and
does hereby designate the Planning Commission of the Borough of Palmyra
as an agency of the Borough Council:
A.
This chapter shall apply to all subdivision and land development
plans submitted after the effective date of this chapter and to all
subdivision and land development plans submitted before the effective
date of this chapter which no longer have protection from the effect
of changes in governing ordinances granted by Section 508(4) of the
most recent version of the MPC.
B.
From the time an application for approval, whether preliminary or
final, is duly filed, as provided in this chapter, and while such
application is pending approval or disapproval, no change or amendment
of the zoning, other governing ordinance, or plan shall affect the
decision on such application adversely to the applicant, and the applicant
shall be entitled to a decision in accordance with the provisions
of the governing ordinances or plans as they stood at the time the
application was duly filed. In addition, when a preliminary application
has been duly approved, the applicant shall be entitled to final approval
in accordance with the terms of the approved preliminary application,
as hereinafter provided. However, if an application is properly and
finally denied, any subsequent application shall be subject to the
intervening change in governing regulations.
C.
When an application for approval, whether preliminary or final, has
been approved without conditions or approved by the applicant's
acceptance of conditions, no subsequent change or amendment in the
zoning, or other governing ordinance or plan, shall be applied to
affect adversely the right of the applicant to commence and to complete
any aspect of the approved development in accordance with the terms
of such approval within five years from such approval.
(1)
Where final plan approval is preceded by preliminary plan approval,
the aforesaid five-year period shall be counted from the date of the
preliminary approval. In the case of any doubt as to the terms of
a preliminary approval, the terms shall be construed in light of the
provisions of the governing ordinances or plans as they stood at the
time when the application for such approval was duly filed.
(2)
Where the landowner has substantially completed the required improvements,
as depicted upon the final plan within the aforesaid five-year limit,
or any extension thereof as may be granted by the Borough Council,
no change of governing ordinance or plan enacted subsequent to the
date of filing of the preliminary plan shall modify or revoke any
aspect of the approved final plan pertaining to zoning classification
or density, lot, building, street or utility location.
(3)
In the case of a preliminary plan calling for the installation of
improvements beyond the five-year period, a schedule shall be filed
with the preliminary plan delineating all proposed sections, as well
as deadlines within which applications for final plan approval of
each section are intended to be filed. Such schedule shall be updated
annually on or before the anniversary of the preliminary plan approval,
until final plan approval of the last section has been granted. Any
modification in the aforesaid schedule shall be subject to approval
of the Borough Council in its discretion.
(4)
Provided the landowner has not defaulted with regard to or violated
any of the conditions of the preliminary plan approval, including
compliance with the schedule for submission of final plans, then the
aforesaid protections afforded by substantially completing the improvements
depicted upon the final plan within five years shall apply and for
any section or sections, beyond the initial section, in which the
required improvements have not been substantially completed within
said five-year period. This extended protection shall apply for an
additional term or terms of three years from the date of final plan
approval for each section.
(5)
Failure to adhere to the aforesaid schedule of submission of final
plans for the various sections shall subject any such section to changes
in zoning, subdivision and other governing ordinances enacted by the
Borough, subsequent to the date of the initial preliminary plan submission.
D.
This chapter shall not affect any suit or prosecution pending or
to be instituted, to enforce any provision of previous subdivision
and land development ordinances of the Borough of Palmyra, on an act
done, contract executed, or liability incurred prior to the effective
date of this chapter, nor shall any provisions of this chapter be
construed to waive the obligations imposed upon an applicant to complete
a previously approved preliminary or final plan, including the installation
of all improvements required hereunder, in strict compliance with
the requirements of the effective Borough of Palmyra Subdivision and
Land Development Ordinance.
E.
No subdivision or land development of any lot, tract, or parcel of
land in the Borough of Palmyra shall be effected, and no street, 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
thereon, unless and until authorized by this chapter.
F.
No lot in a subdivision may be sold, no permit to erect or alter
any building upon land in a subdivision or land development may be
issued, and no building may be erected or altered in a subdivision
or land development unless and until a final subdivision or land development
plan has been approved by the Borough Council and recorded and until
the improvements required in connection therewith have been either
constructed or guaranteed in a manner prescribed herein.
