This chapter is enacted pursuant to the authority conferred
by the Pennsylvania Municipalities Planning Code, Act of July 31,
1968, P.L. 805, No. 247, as reenacted and amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Jurisdiction. This chapter shall apply to all subdivisions and land
developments located within the Borough of Lewistown.
B.
Interpretation. The provisions of this chapter shall be held to be
minimum requirements to meet the above stated purposes. Where provisions
of this chapter impose greater restriction than those of any statute,
other ordinance or regulation, the provisions of this chapter shall
prevail. However, where the provisions of any statute, other ordinance
or regulation impose greater restrictions than those of this chapter,
then the provisions of such statute, ordinance or regulation shall
prevail.
C.
Effect of this chapter. No subdivision or land development (as defined
herein) of any lot, tract or parcel of land shall be carried out;
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 and travel, or the common use of occupants
of buildings abutting thereon, except in strict accordance with the
provisions of this chapter.
D.
Recording of approved plan. Within 90 days of the approval of the
final plan for any subdivision or land development or 90 days after
the date of delivery of an approved plat signed by the Borough Council,
following completion of conditions imposed or such approval, whichever
is later, the applicant shall record a copy of said final plan in
the office of the Mifflin County Recorder of Deeds.
E.
Status of recorded plans.
(1)
Any subdivision or land development plan recorded prior to the effective
date of this chapter shall be subject to the provisions of this chapter
in the event that any change or resubdivision is made or legally required
to be made in the said plan.
(2)
When a final plan has been approved and recorded, subsequent to the
effective date of this chapter and in conformance with the terms of
this chapter, then no subsequent change or amendment in any 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
terms of such approval within five years from such approval. The five-year
period shall be extended for litigation or sewer or utility prohibitions.
(3)
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 doubts 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
of such approval was duly filed.
This chapter has been adopted for the purpose of regulating
subdivision and land development within the Borough of Lewistown in
order to create conditions favorable to the health, safety, morals
and general welfare of the citizens of the Borough through the provision
of regulations that will ensure the harmonious development of the
Borough.
This chapter shall be known and may be cited as "The Borough
of Lewistown Subdivision and Land Development Ordinance."
