[Ord. 1975-8, 6/11/1975, § 301; as amended by Ord.
1995-2, 3/14/1995]
From the time an application for approval of a plat, where preliminary
or final is fully filed as provided in this Chapter and while such
application is pending approval or disapproval, no change or amendment
of any zoning, subdivision or 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
plan 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. When an application
for approval of a plat, whether preliminary or final, has been approved
or approved subject to conditions acceptable to the applicant, no
subsequent change or amendment in the zoning, subdivision 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. Where final approval is preceded
by preliminary approval, the 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 the 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.
[Ord. 1975-8, 6/11/1975, § 302]
In cases where a proposed subdivision involves five or less
lots fronting on an existing public right-of-way, the requirement
calling for provision of a preliminary plan and the requirements of
§ 505.3E may be waived. All other applicable requirements
and specifications shall remain the same.
[Ord. 1975-8, 6/11/1975, § 303]
For the purposes of straightening lot lines and additions of
small, nonbuildable parcels of property to existing recorded lots,
said lots shall possess the following characteristics:
A.
The parcel to be added shall be of such a size that it may not be
utilized as a building lot. No separate structure may be built on
this parcel to be added to the original lot.
B.
The parcel to be added must be contiguous to the existing lot.
C.
The plan prepared for the addition of the parcel shall follow the
procedures outlined in § 302, Minor Subdivisions, of this
Chapter.
[Ord. 1975-8, 6/11/1975, § 305; as amended by Ord.
1995-4, 12/12/1995, § 6]
1.
Required Improvements. The final responsibility for installation
of the improvements required by this Chapter shall lie with the subdivider.
Upon installation by the subdivider and subsequent inspection by the
registered professional engineer retained by the Borough, the subdivider
shall take final steps to dedicate these improvements and have them
accepted by the Borough.
2.
Effect of Recording. Recording of the final plan after approval by
the Borough Council has the effect of an irrevocable offer to dedicate
all streets and other public ways to public use; dedicate all neighborhood
parks and other public areas to public use; reserve for possible future
public acquisition such areas as may be required by the Borough.
3.
Effect of Offers of Dedication. The offer to dedicate streets, parks,
or other areas or portions of them does not impose any duty on the
Borough concerning maintenance or improvement until the proper authorities
of the Borough have made actual appropriations by ordinance or resolution,
by entry or improvement. If land is dedicated for a public site and
its use for this purpose is imminent, the subdivider may be permitted
to dedicate the land with the privilege of using the surface rights
until the Borough is ready to use the land. Such dedication with temporary
privilege of use must be noted on the final plan.
4.
Effect of Land Reservation. On sites reserved for eventual public
acquisition no building development is permitted during the period
of reservation, said period of time not to extend more than 18 months
without consent of the subdivider. Such land reservations shall be
noted on the final plan.
5.
Dedication of Lands for Local Recreation and Other Public Sites.
Where a proposed park, playground, open space, school, library, or
other local recreation or public site is shown on the Borough Comprehensive
Plan, or where the Planning Commission and Borough Council consider
that a particular site is necessary to carry out the purposes of this
Chapter, the Borough Council may, upon consultation with the Planning
Commission, request a dedication of all or part of such a site in
accordance with the following standards:
A.
The land to be dedicated must be suitable in size, dimensions, topography,
access and general character for the proposed used.
B.
Dedication is not required for subdivisions serving less than 10
families except if a part of a larger subdivision.
C.
The amount of recreation land requested for the dedication may not
exceed 0.04 acre of land for each family which will be provided housing
in the subdivision.
6.
Drainageways.
A.
Where a subdivision is traversed by a watercourse, stream, channel
or other drainageway, the subdivider must provide a drainage easement
conforming substantially to the existing alignment of the drainageway.
The easement must be of a width adequate to:
B.
Any changes in the existing drainageways that are regulated under
DEP, Chapter 105, Regulations, must be approved by DEP.
[Ord. 1975-8, 6/11/1975, § 306; as amended by Ord.
1995-2, 3/14/1995]
1.
Resubdivision of Land.
A.
These regulations shall not be construed to require the subdivider
to comply with resubdivision procedures in each and every case for
minor shifts in lot lines because of excessive topography or similar
types of development problems. For purposes of review, however, the
Borough shall be solely responsible for review and approval of resubmissions
involving lot line changes. If major street changes or other modifications
to easements or rights of way are involved, the County Planning Commission
shall be notified and its recommendations required.
B.
Lot lines may be changed from those shown on a recorded plan, provided
that in making such changes:
(1)
No smaller lot shall be created.
(2)
No lot or tract of land shall be created or sold that is smaller than the minimum dimensions required by the Borough Zoning Ordinance [Chapter 27].
(3)
Easements reserved for drainage shall not be changed.
(4)
No lot shall be created which does not abut a street.
(5)
The character of the area shall be maintained.
C.
In every case wherein lot lines are changed as permitted above, the
subdivider shall:
(1)
Prepare a record plan and submit said plan for the endorsements
of the Borough Planning Commission and the Borough Council (which
will specifically identify the previous record plan thus superseded),
and then record the plan.
D.
If street changes are also necessary, the above procedures shall
be followed after comments are received from the County Planning Commission.
2.
Modifications.
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.
3.
Large Scale Developments. In the event that plans for an entire neighborhood
subdivision of at least 100 lots are submitted, the standards and
regulations of this Chapter may be modified by the Borough Council
provided that the proposed development meets the following requirements:
A.
The basic purposes of this Chapter are achieved.
B.
Protective covenants and other legal provisions will assure conformity
with any official Borough plans.
C.
The entire area is bounded by major streets.
D.
The area contains reservations for school sites, park sites, and
other community facilities.
E.
The area is served by public sewer and water.
