[HISTORY: Adopted by the Borough Council of the Borough of
Irwin 7-9-1984 by Ord. No. 724 (Ch. 22, Part 1, of the 1993 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Planning Commission — See Ch. 34.
Brush, grass and weeds — See Ch. 95.
Uniform construction codes — See Ch. 110.
Floodplain management — See Ch. 135.
Grading and excavation — See Ch. 140.
Sewers and sewage disposal — See Ch. 200.
Stormwater management — See Ch. 220.
Streets and sidewalks — See Ch. 225.
Trees — See Ch. 242.
Zoning — See Ch. 260.
This chapter shall be known and may be cited as the "Subdivision
and Land Development Ordinance of the Borough of Irwin."
The purpose of this chapter is to provide for the orderly and
harmonious development of the Borough of Irwin; to promote, protect
and facilitate public health, safety, morals, and general welfare;
to coordinate community development; to encourage the establishment
of public facilities; and to achieve flexibility and ingenuity in
layout and design of land developments.
[Amended 7-7-1993 by Ord. No. 791; 5-14-2003 by Ord. No. 854]
Unless otherwise expressly stated herein, the terms hereinafter
enumerated shall, for the purpose of this chapter, have the meanings
as defined herein. Words used in the singular shall include the plural,
and the plural shall include the singular. The word "person" shall
include a corporation, firm, or partnership. The word "building" shall
include mobile homes and trailers used for human habitation. The word
"watercourse" shall include drains, ditches and streams.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to the start of construction
or development, including but not limited to an application for a
building permit, for the approval of a subdivision plat or plan or
for the approval of a development plan.
Professional engineer or engineering firm licensed as such
by the Commonwealth of Pennsylvania, duly appointed as the engineer
for the Borough or Planning Commission.
A line within the property defining the required minimum
distance between any enclosed structure and an adjacent boundary line
and/or right-of-way.
The improved or paved portion or portions between curbs where
curbs are used.
A parcel or parcels of land or an area of water, or a combination
of land and water, within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
A short street terminating in a circular vehicular turnaround
area, having only one means of access.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
Any man-made change to improved or unimproved real estate.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
development plan," when used in this chapter, shall mean the written
and graphic materials referred to in this definition.
A complete drainage plan, including all necessary storm sewers
and appurtenances for the conveyance of stormwater runoff of other
watercourses.
The right granted by a property owner for the use of others.
Refers to the Council for the Borough of Irwin.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of, or for the purpose of, streets, common areas,
leaseholds, condominiums, building groups or other features;
A subdivision of land.
"Land development" does not include development which involves:
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
The addition of an accessory building, including farm building,
on a lot or lots subordinate to an existing principal building; or
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For the purposes of this subsection, an "amusement park" is defined
as a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the proper authorities.
A tract or parcel of land intended for the transfer of ownership,
use or improvement, whether immediate or future.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erection thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two or more mobile home lots
for the placement thereon of mobile homes.
As utilized in the context of these regulations, a monument
shall designate survey reference points utilized in laying out a given
subdivision.
A body politic and corporate created pursuant to the Act
of May 2, 1945 (P.L. 382, No. 164), known as the "Municipalities Authority
Act of 1945."[1]
A commission established by the Council of the Borough of
Irwin to act as a planning body and, in that capacity, to submit preliminary
recommendations to the Borough Council for consideration of and final
approval of Borough Council.
Includes:
A formal meeting held pursuant to public notice by the Borough
Council or Planning Commission, intended to inform and obtain public
comment, prior to taking action in accordance with this chapter.
A forum held pursuant to notice under the Act of July 3,
1986 (P.L. 388, No. 84), known as the "Sunshine Act," 65 P.S. § 271
et seq.[2]
A map or drawing of a certain described land prepared as
an instrument for recording of real estate interests with the County
Recorder of Deeds, showing right-of-way lines, lot lines and other
relevant information required by the rules and regulations of the
Westmoreland County Planning Department or this chapter.
A line defining the limits of land dedicated to public use
for a street or utility purpose.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct or any other ways used or intended to
be used by vehicular traffic or pedestrians, whether public or private.
A plan of profiles showing existing profiles of streets and
grade to be established.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, parcels or other divisions
of land, including changes in existing lot lines, for the purpose,
whether immediate or future, of lease, partition by the court for
distribution to heirs or devisees, transfer of ownership or building
or lot development; provided, however, that the subdivision by lease
of land for agricultural purposes into parcels of more than 10 acres,
not involving any new street or easement of access or any residential
dwelling, shall be exempted.
A drawing to scale prepared by a professional engineer or
land surveyor showing property lines and physical features.
A drawing showing ground elevations by contour lines and
the location of significant natural and man-made features.
A drawing or drawings setting forth location and depth of
all public and private underground utilities.
An inventory of the source, quantity, yield and use of groundwater
and surface water resources within the Borough.
A.
Designation of authority. The Council of the Borough of Irwin hereby
designates the Planning Commission of the Borough of Irwin to exercise
the powers and duties of the Borough Council with respect to the regulation
of subdivision and land development within the municipality in accordance
with this chapter as authorized by Article V of the Pennsylvania Municipalities
Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Application of regulations.
(1)
No division or redivision of a lot, tract or parcel of land by any
means into two or more lots, tracts, parcels or other divisions, including
changes in existing lot lines, for the purpose of lease, transfer
of ownership or building or lot development shall be permitted within
the Borough of Irwin except in accordance with the provisions of this
chapter.
(2)
A subdivision of five lots or less, or the division of a lot containing
more than one principal structure for the purpose of transferring
legal ownership of a structure and the land on which it is situated,
which involves no new streets or realignment of existing streets within
such subdivision may be considered a minor subdivision by the Planning
Commission. In such instances, provided that all zoning and design
ordinances and criteria established by the Borough are met, the Planning
Commission may waive such procedures and requirements of this chapter,
except for the required payment of fees, as the Commission may deem
advisable.
[Amended 7-7-1993 by Ord. No. 791; 5-14-2003 by Ord. No. 854]
A.
Administrative procedures.
(1)
All applications for approval of a subdivision under this chapter,
whether preliminary or final, shall be considered for approval by
the Planning Commission as follows:
(a)
The Planning Commission shall render its recommendations to
the Borough of Irwin Council, within 90 days following the date of
the regular meeting next following the date the application is filed.
If the next meeting is more than 30 days following filing of the application,
the 90 days shall be measured from the 30th day following the filing
date.
(b)
Within 30 days after the Planning Commission submits its recommendations
to the Borough of Irwin Council, the Borough Council shall render
its decision, the same being communicated to the applicant, in writing,
not later than 15 days following the decision.
(c)
If an application is not approved by Borough Council, the decision
shall specify the defects, describe the requirements not met and cite
the provision of the ordinance which apply thereto.
(2)
In the absence of a written agreement to an extension of time by
the applicant, failure of Borough Council to render a final decision
based upon the Planning Commission recommendations shall be deemed
an approval.
(3)
The Planning Commission shall hold a public hearing on the applications
for subdivision after public notice.
B.
Application procedures.
(1)
Preapplication conference.
(a)
A preapplication conference shall be held to enable the applicant
to discuss general and conceptual plans with the Planning Commission.
(b)
A sketch plan and/or data related to the proposed subdivision
or development activity may be submitted to enable all parties to
participate in the formulation of preliminary evaluations of the proposed
action.
(2)
Preliminary approval.
(a)
The developer shall submit to the Borough Manager, at least
15 days prior to the regular monthly meeting of the Planning Commission,
eight copies of a preliminary plan of the subdivision for which approvals
are being requested.
(b)
The Borough Manager shall forward four copies of the plan to
the Westmoreland County Planning Department for review and response.
The Irwin Planning Commission shall not approve the plan until the
county response is received or until 30 days have expired following
forwarding of the plan to the county.
(c)
The Planning Commission shall notify the developer of the time,
place and agenda of the meeting at which the plan is to be considered
within five days of the receipt of the plan.
(d)
The Planning Commission shall act on the plan as prescribed
by this chapter.
(e)
Documentation submitted in support of the preliminary plan shall
include data and plans necessary to the evaluation of the proposed
subdivision. This shall include but not be limited to:
(3)
Final approval.
(a)
Following preliminary approval, the developer shall submit to
the Borough Manager at least 15 days prior to the regular monthly
meeting of the Planning Commission a reproducible original plan plus
five copies of the plan and all other data required for final approval.
Plans for final approval must be submitted within five years following
approval of the preliminary plan; otherwise, such approval shall become
null and void.
(b)
The Borough Manager shall forward one copy of the plan and data
to the Westmoreland County Planning Department.
(c)
The Planning Commission shall notify the developer of the time,
place and agenda of the meeting at which the plan is to be considered
within five days of receipt of the plan.
(d)
The Planning Commission shall act on the plan as prescribed
by this chapter.
(e)
Documentation submitted in support of the final plan shall include
data and plans necessary to the evaluation of the subdivision proposal.
The plat submitted:
[1]
Shall be on acceptable reproducible material on sheets in multiples
of 18 inches by 24 inches. Multiple sheets shall be indexed.
[2]
Shall be drawn to the scale of one inch to 100 feet, or less.
[3]
Shall include, at a minimum, property lines, lot lines, perimeter
bounds, streets, acreage of plot, area of each lot, setback lines,
purpose of each site, lot numbers, easements, right-of-way widths,
owners of adjoining lands and protective covenants.
[4]
Such other data as may be required by the Planning Commission.
[Amended 7-7-1993 by Ord. No. 791]
A.
Standards. The following standards shall govern the design, layout
and construction of all subdivisions and improvements therein within
the Borough of Irwin:
(1)
Suitability. Lands shall be suited for the purpose for which they
are to be developed. Lands subject to hazards of life, health and
safety shall not be subdivided.
(2)
Natural quality. Where possible, natural environmental qualities
shall be preserved.
(3)
Lot size and use. All lot dimensional, setback, land use and other applicable requirements of Chapter 260, Zoning, shall apply.
(4)
Streets and accessways. All streets and sidewalks and all aspects
of the design of vehicular and pedestrian accessways shall conform
to the applicable standards and ordinances of the Borough of Irwin.
(5)
Utilities. All sanitary sewers, water supply systems, storm drainage
facilities and watercourses shall be designed and constructed in strict
compliance with applicable standards and ordinances of the Borough
of Irwin.
(6)
Access. All subdivisions shall be accomplished in a manner that will
not bar access of adjacent properties to streets and necessary rights-of-way.
(7)
Street names. All street names shall be approved by the Planning
Commission. No duplication of existing street names in Irwin shall
be permitted other than approved extensions.
(8)
Water supply. If water is to be provided by means other than private
wells owned and maintained by the individual owners of lots within
the subdivision or development, applicants shall present evidence
to the Borough Council that the subdivision is to be supplied by a
certified public utility, a bona fide cooperative association of lot
owners, or by a municipal corporation, authority or utility. A copy
of a certificate of public convenience from the Pennsylvania Public
Utility Commission or an application for such certificate, a cooperative
agreement or a commitment or agreement to serve the area in question,
whichever is appropriate, shall be acceptable.
B.
Improvements. The following regulations shall govern all improvements
made in conjunction with subdivision development within the Borough
of Irwin:
(1)
Grading. All grading, site development, utility and street construction,
slope treatments and other related improvements shall be undertaken
on the basis of plans which must be approved by the Borough Engineer
or such other official designated by the Planning Commission.
(2)
Monuments. Permanent concrete monuments shall be placed at subdivision
boundary intersection points and at street intersections.
(3)
Street signs and streetlights. Street signs and lighting shall be
installed in accordance with Borough specifications.
(4)
Erosion control. Temporary and permanent soil erosion and sedimentation
controls shall be installed as required by state and county authorities.
(5)
Reservations. In any development exceeding 10 acres, the Planning
Commission may require dedication of land for recreational area.
C.
If the irregular shape of a lot proposed for subdivision is, in the
opinion of the Planning Commission, not consistent with the shape
at adjacent properties and is not a good faith effort to conform with
the area requirements of this chapter, the subdivision may be disapproved.
[Amended 7-7-1993 by Ord. No. 791]
A.
No plat shall be finally approved unless the streets shown on such
plat have been improved to a mud-free or otherwise permanently passable
condition, or improved as may be otherwise required by this chapter,
and any walkways, curbs, gutters, streetlights, fire hydrants, shade
trees, water mains, sanitary sewers, storm sewers and other improvements
as may be required by this chapter have been installed in accordance
with this chapter. In lieu of the completion of any improvements required
as a condition for the final approval of a plat, including improvements
or fees otherwise required by this chapter, the developer may deposit
with the Borough financial security in an amount sufficient to cover
the costs of such improvements or common amenities, including basins
and other related drainage facilities, recreational facilities, open
space improvements, or buffer or screen plantings which may be required.
B.
When requested by the developer, in order to facilitate financing,
the Planning Commission shall furnish the developer with a signed
copy of a resolution indicating approval of the final plat contingent
upon the developer obtaining a satisfactory financial security. The
final plat or record plan shall not be signed nor recorded until the
financial improvements agreement is executed. The resolution or letter
of contingent approval shall expire and be deemed to be revoked if
the financial security agreement is not executed within 90 days, unless
a written extension is granted by the Planning Commission; such extension
shall not be unreasonably withheld and shall be placed in writing
at the request of the developer.
C.
Without limitation as to other types of financial security which
the Borough may approve, which approval shall not be unreasonably
withheld, federal- or commonwealth-chartered lending institution irrevocable
letters of credit and restrictive or escrow accounts in such lending
institutions shall be deemed acceptable financial security for the
purposes of this section.
D.
Such financial security shall be posted with a bonding company or
federal- or commonwealth-chartered lending institution chosen by the
party posting the financial security, provided said bonding company
or lending institution is authorized to conduct such business within
the commonwealth.
E.
Such bond or other security shall provide for, and secure to the
public, the completion of any improvements which may be required on
or before the date fixed in the formal action of approval or accompanying
agreement for completion of the improvements.
F.
The amount of financial security to be posted for the completion
of the required improvements shall be equal to 110% of the cost of
completion estimated as of 90 days following the date scheduled for
completion by the developer. Annually, the Borough may adjust the
amount of the financial security by comparing the actual cost of the
improvements which have been completed and the estimated cost for
the completion of the remaining improvements as of the expiration
of the 90th day after either the original date scheduled for completion
or a rescheduled date of completion. Subsequent to said adjustment,
the Borough may require the developer to post additional security
in order to assure that the financial security equals said 110%. Any
additional security shall be posted by the developer in accordance
with this subsection.
G.
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements, submitted
by the applicant or developer and prepared by a professional engineer
licensed as such in this commonwealth and certified by such engineer
to be a fair and reasonable estimate of such cost. The Borough, upon
the recommendation of the Borough Engineer, may refuse to accept such
estimate for good cause shown. If the applicant or developer and the
Borough are unable to agree upon an estimate, then the estimate shall
be recalculated and recertified by another professional engineer licensed
as such in this commonwealth and chosen mutually by the Borough and
the applicant or developer. The estimate certified by the third engineer
shall be presumed fair and reasonable and shall be the final estimate.
In the event that a third engineer is so chosen, fees for the services
of said engineer shall be paid equally by the Borough and the applicant
or developer.
H.
If the party posting the financial security requires more than one
year from the date of posting of the financial security to complete
the required improvements, the amount of financial security may be
increased by an additional 10% for each one-year period beyond the
first anniversary date from posting of financial security or to an
amount not exceeding 110% of the cost of completing the required improvements
as reestablished on or about the expiration of the preceding one-year
period by using the above bidding procedure.
I.
In the case where development is projected over a period of years,
the Planning Commission may authorize submission of final plats by
sections or stages of development, subject to such requirements or
guarantees as to improvements in future sections or stages of development
as it finds essential for the protection of any finally approved section
of the development.
J.
As the work of installing the required improvements proceeds, the
party posting the financial security may request the Borough Council
to release or authorize the release, from time to time, of such portions
of the financial security necessary for payment to the contractor
or contractors performing the work. Any such requests shall be in
writing addressed to the Borough Council, and the Borough Council
shall have 45 days from receipt of such request within which to allow
the Borough Engineer to certify, in writing, to the Borough Council
that such portion of the work upon the improvements has been completed
in accordance with the approved plat. Upon such certification, the
Borough Council shall authorize release by the bonding company or
lending institution of an amount as estimated by the Borough Engineer
fairly representing the value of the improvements completed or, if
the Borough Council fails to act within said forty-five-day period,
the Borough Council shall be deemed to have approved the release of
funds as requested. The Borough Council may, prior to final release
at the time of completion and certification by its Engineer, require
retention of 10% of the estimated cost of the aforesaid improvements.
K.
Where the Borough Council accepts dedication of all or some of the
required improvements following completion, the Borough Council may
require the posting of financial security to secure structural integrity
of said improvements, as well as the functioning of said improvements
in accordance with the design and specifications as depicted on the
final plat, for a term not to exceed 18 months from the date of acceptance
of dedication. Said financial security shall be of the same type as
otherwise required in this section with regard to installation of
such improvements, and the amount of the financial security shall
not exceed 15% of the actual cost of installation of said improvements.
L.
If water mains or sanitary sewer lines, or both, along with apparatus
or facilities related thereto, are to be installed under the jurisdiction
and pursuant to the rules and regulations of a public utility or municipal
authority separate and distinct from the Borough, financial security
to assure proper completion and maintenance thereof shall be posted
in accordance with the regulations of the controlling public utility
or municipal authority and shall not be included within the financial
security as otherwise required by this section.
M.
If financial security has been provided in lieu of the completion
of improvements required as a condition for the final approval of
a plat as set forth in this section, the Borough shall not condition
the issuance of building, grading or other permits relating to the
erection or placement of improvements, including buildings, upon the
lots or land as depicted upon the final plat upon actual completion
of the improvements depicted upon the approved final plat. Moreover,
if said financial security has been provided, occupancy permits for
any building or buildings to be erected shall not be withheld following
the improvement of the streets providing access to and from existing
public roads to such building or buildings to a mud-free or otherwise
permanently passable condition, as well as the completion of all other
improvements as depicted upon the approved plat, either upon the lot
or lots or beyond the lot or lots in question, if such improvements
are necessary for the reasonable use of or occupancy of the building
or buildings.
[Added 7-7-1993 by Ord. No. 791]
A.
When the developer has completed all of the necessary and appropriate
improvements, the developer shall notify the Borough Council, in writing,
by certified or registered mail, of the completion of the aforesaid
improvements and shall send a copy thereof to the Borough Engineer.
The Borough Council shall, within 10 days after receipt of such notice,
direct and authorize the Borough Engineer to inspect all of the aforesaid
improvements. The Borough Engineer shall, thereupon, file a report,
in writing, with the Borough Council and shall promptly mail a copy
of the same to the developer by certified or registered mail. The
report shall be made and mailed within 30 days after receipt by the
Borough Engineer of the aforesaid authorization from the Borough Council;
said report shall be detailed and shall indicate approval or rejection
of said improvements, either in whole or in part, and if said improvements,
or any portion thereof, shall not be approved or shall be rejected
by the Borough Engineer, said report shall contain a statement of
reasons for such nonapproval or rejection.
B.
The Borough Council shall notify the developer, within 15 days of
receipt of the Engineer's report, in writing, by certified or
registered mail, of the action of said Borough Council with relation
thereto.
C.
If the Borough Council or the Borough Engineer fails to comply with
the time limitation provisions contained herein, all improvements
will be deemed to have been approved, and the developer shall be released
from all liability pursuant to its performance guaranty bond or other
security agreement.
D.
If any portion of the said improvements shall not be approved or
shall be rejected by the Borough Council, the developer shall proceed
to complete the same, and, upon completion, the same procedure of
notification, as outlined herein, shall be followed.
E.
Nothing herein, however, shall be construed in limitation of the
developer's right to contest or question, by legal proceedings
or otherwise, any determination of the Borough Council or the Borough
Engineer.
F.
Where herein reference is made to the Borough Engineer, he shall
be as a consultant thereto.
G.
The applicant or developer shall reimburse the Borough for the reasonable
and necessary expense incurred for the inspection of improvements
according to a schedule of fees adopted by resolution of the Borough
Council and as from time to time amended. Such expense shall be reasonable
and in accordance with the ordinary and customary fees charged by
the Borough Engineer or consultant for work performed for similar
services in the community, but in no event shall the fees exceed the
rate or cost charged by the Engineer or consultant to the Borough
when fees are not reimbursed or otherwise imposed on applicants.
(1)
In the event the applicant disputes the amount of any such expense
in connection with the inspection of improvements, the applicant shall,
within 10 working days of the date of billing, notify the Borough
that such expenses are disputed as unreasonable or unnecessary, in
which case the Borough shall not delay or disapprove a subdivision
or land development application or any approval or permit related
to development due to the applicant's request over disputed Engineer
expenses.
(2)
If, within 20 days from the date of billing, the Borough and the
applicant cannot agree on the amount of expenses which are reasonable
and necessary, then the applicant and the Borough shall jointly, by
mutual agreement, appoint another professional engineer licensed as
such in the Commonwealth of Pennsylvania to review the said expenses
and make a determination as to the amount thereof which is reasonable
and necessary.
(3)
The professional engineer so appointed shall hear such evidence and
review such documentation as the professional engineer in his or her
sole opinion deems necessary and render a decision within 50 days
of the billing date. The applicant shall be required to pay the entire
amount determined in the decision immediately.
(4)
In the event that the Borough and applicant cannot agree upon the
professional engineer to be appointed within 20 days of the billing
date, then, upon application of either party, the President Judge
of the Court of Common Pleas of the judicial district in which the
Borough is located (or, if at the time there be no President Judge,
then the senior active Judge then sitting) shall appoint such engineer,
who, in that case, shall be neither the Borough Engineer nor any professional
engineer who has been retained by, or performed services for, the
Borough or the applicant within the preceding five years.
(5)
The fee of the appointed professional engineer for determining the
reasonable and necessary expenses shall be paid by the applicant if
the amount of payment required in the decision is equal to or greater
than the original bill. If the amount of payment required in the decision
is less than the original bill by $1,000 or more, the Borough shall
pay the fee of the professional engineer, but, otherwise, the Borough
and the applicant shall each pay 1/2 of the fee of the appointed professional
engineer.
[Added 7-7-1993 by Ord. No. 791]
In the event that any improvements which may be required have
not been installed as provided in this chapter or in accord with the
approved final plat, the Borough Council is hereby granted the power
to enforce any corporate bond or other security by appropriate legal
and equitable remedies. If the proceeds of such bond or other security
are insufficient to pay the cost of installing or making repairs or
corrections to all the improvements covered by said security, the
Borough Council may, at its option, install part of such improvements
in all or part of the subdivision or land development and may institute
appropriate legal or equitable action to recover the moneys necessary
to complete the remainder of the improvements. All of the proceeds,
whether resulting from the security or from any legal or equitable
action brought against the developer, or both, shall be used solely
for the installation of the improvements covered by such security
and not for any other Borough purpose.
[Added 7-7-1993 by Ord. No. 791]
A.
The Borough Council may grant a modification of the requirements
of one or more provisions of this chapter if the literal enforcement
will exact undue hardship because of peculiar conditions pertaining
to the land in question, provided that such modification will not
be contrary to the public interest and that the purpose and intent
of this chapter is observed.
B.
All requests for a modification shall be in writing and shall accompany
and be a part of the application for development. The request shall
state in full the grounds and facts of unreasonableness or hardship
on which the request is based, the provision or provisions of this
chapter involved and the minimum modification necessary.
C.
The request for modification shall be referred to the Planning Commission
for advisory comments.
D.
The Borough Council shall keep a written record of all action on
all requests for modifications.
[Added 7-7-1993 by Ord. No. 791]
A.
Review fees shall include the reasonable and necessary charges by
the Borough's professional consultants or Engineer for review
and report to the Borough and shall be set by resolution. Such review
fees shall be reasonable and in accordance with the ordinary and customary
charges by the Borough Engineer or consultant for similar service
in the community, but in no event shall the fees exceed the rate or
cost charged by the Engineer or consultant to the Borough when fees
are not reimbursed or otherwise imposed on applicants.
B.
In the event the applicant disputes the amount of any such review
fees, the applicant shall, within 10 days of the billing date, notify
the Borough that such fees are disputed, in which case the Borough
shall not delay or disapprove a subdivision or land development application
due to the applicant's request over disputed fees.
C.
In the event that the Borough and the applicant cannot agree on the
amount of review fees which are reasonable and necessary, then the
fees shall be recalculated and recertified by another professional
engineer licensed as such in this commonwealth and chosen mutually
by the Borough and the applicant or developer. The estimate certified
by the third engineer shall be presumed fair and reasonable and shall
be the final estimate. In the event that a third engineer is so chosen,
fees for the services of said engineer shall be paid equally by the
Borough and the applicant or developer.
[Added 7-7-1993 by Ord. No. 791]
The following are exempt or partially exempt from the provisions
of this chapter:
A.
The conversion of an existing single-family detached dwelling or
single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium;
B.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building; or
C.
The addition or conversion of buildings or rides within the confines
of an enterprise which would be considered an amusement park. For
the purposes of this subsection, an "amusement park" is defined as
a tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by proper authorities.
[Added 7-7-1993 by Ord. No. 791]
A.
Upon the approval of a final plat, the developer shall, within 90
days of such final approval, record such plat in the office of the
Recorder of Deeds of the county in which the Borough is located. The
Recorder of Deeds shall not accept any plat for recording unless such
plat officially notes the approval of the Borough Council and review
by the county planning agency.
B.
The recording of the plat shall not constitute grounds for assessment
increases until such time as lots are sold or improvements are installed
on the land included within the subject plat.
[Added 7-7-1993 by Ord. No. 791]
A.
In addition to other remedies, the Borough may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building, structure or premises.
The description by metes and bounds in the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
B.
The Borough may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property which has
been developed or which has resulted from a subdivision of real property
in violation of this chapter. This authority to deny such a permit
or approval shall apply to any of the following applicants:
(1)
The owner of record at the time of such violation.
(2)
The vendee or lessee of the owner of record at the time of such violation,
without regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
(3)
The current owner of record who acquired the property subsequent
to the time of violation, without regard as to whether such current
owner had actual or constructive knowledge of the violation.
(4)
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation, without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
C.
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the Borough may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.
[Added 7-7-1993 by Ord. No. 791]
A.
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Borough, pay a
judgment of not more than $500, plus all court costs, including reasonable
attorney's fees incurred by the Borough as a result thereof. No judgment
shall commence or be imposed, levied or payable until the date of
the determination of a violation by the Magisterial District Judge.
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.
B.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this section.
D.
Magisterial District Judges shall have initial jurisdiction in proceedings
brought under this section.
[Added 7-7-1993 by Ord. No. 791]
A.
Amendments to this chapter shall become effective only after a public
hearing held pursuant to public notice. A brief summary setting forth
the principal provisions of the proposed amendment and a reference
to the place within the Borough where copies of the proposed amendment
may be secured or examined shall be incorporated in the public notice.
Unless the proposed amendment shall have been prepared by the Planning
Commission, the Borough Council shall submit the amendment to the
Planning Commission at least 30 days prior to the hearing on such
amendment to provide the Planning Commission an opportunity to submit
recommendations. In addition, at least 30 days prior to the public
hearing on the amendment, the Borough shall submit the proposed amendment
to the county planning agency for recommendations.
B.
Within 30 days after adoption, the Borough Council shall forward
a certified copy of the amendment to the county planning agency.
C.
Proposed amendments shall not be enacted unless notice of proposed
enactment is given in the manner set forth in this section and shall
include the time and place of the meeting at which passage will be
considered, a reference to a place within the Borough where copies
of the proposed amendment may be examined without charge or obtained
for a charge not greater than the cost thereof. The Borough Council
shall publish the proposed amendment once in a newspaper of general
circulation in the Borough not more than 60 days nor less than seven
days prior to passage. Publication of the proposed amendment shall
include either the full text thereof or the title and a brief summary,
prepared by the Borough Solicitor and setting forth all the provisions
in reasonable detail. If the full text is not included:
D.
In the event substantial amendments are made in the proposed amendment,
before voting upon enactment, the Borough Council shall, at least
10 days prior to enactment, readvertise, in one newspaper of general
circulation in the Borough, a brief summary setting forth all the
provisions in reasonable detail, together with a summary of the amendments.
