[Ord. 714, 11/13/1991, § 101]
This is a chapter providing for the regulation of land subdivisions
and land developments within the Borough of Stroudsburg, Monroe County,
Pennsylvania. It shall be known and may be cited as "The 1991 Subdivision
and Land Development Ordinance of Stroudsburg Borough."
[Ord. 714, 11/13/1991, § 102]
This chapter is enacted pursuant to the authority conferred
by the Pennsylvania Municipalities Planning Code, Act No. 247 of 1968,
as amended by Act 170 of 1988.
[Ord. 714, 11/13/1991, § 103]
1.
All Subdivision and Land Developments Included. This chapter shall
apply to all subdivisions and land developments (wholly or partially)
located within the Borough limits which are subdivided, developed
and/or submitted after the effective date of this chapter. This chapter
shall also apply to all subdivisions previously approved by the Borough
when the required improvements and other approved or required aspects
of the subdivision in accordance with the terms of such approval have
not been substantially completed within five years of their preliminary
plan approval date.
2.
No subdivision or land development of any lot, tract or parcel of
land shall be made; 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 abutting thereon, except
in strict accordance with the provisions of this chapter.
3.
A consolidation of no more than two adjoining separate tax parcels
of real property, owned as of record by the same owner and located
in the Borough, into one tax parcel shall not be defined as a subdivision
or land development pursuant to this chapter so long as no additional
land development is proposed and the owner complies with the Borough's
administrative requirements concerning lot consolidations.
[Added by Ord. No. 1146, 3/21/2023]
[Ord. 714, 11/13/1991, § 104]
This chapter has been adopted for the purpose of providing for
conditions favorable to the health, safety, morals, general welfare,
convenience, economy and preservation of the environment for the citizens
of the Borough through regulations that will insure the harmonious
development of the community. Borough growth should be orderly and
consistent with the overall Stroudsburg Borough Comprehensive Plan.
[Ord. 714, 11/13/1991, § 105]
1.
Conflict with Other Ordinances. Whenever there is a difference between minimum standards or dimensions specified herein and those contained in a Zoning Ordinance [Chapter 27] or other official regulations, the highest and most restrictive standards shall apply.
2.
Severability. If any article, section, subsection, sentence, clause,
or phrase of this chapter is for any reason held by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity
of the remaining portions of this chapter.
[Ord. 714, 11/13/1991, § 107]
1.
The provisions of this chapter in their interpretation and application
shall be held to be the minimum requirements for the promotion of
the public health, safety, and general welfare.
A.
Upon written request of an applicant the Borough Council, after review
and recommendation by the Planning Commission, may grant a modification
of requirements of provisions of this chapter if the literal enforcement
will exact undue hardship because of peculiar conditions pertaining
to the land in questions; provided, that such modification will not
be contrary to the public interest and that the purpose and intent
of the chapter is observed.
B.
The Borough Council may, upon review and recommendation of the Planning
Commission, require more restrictive requirements necessary, in their
judgment, to secure to the public interest the objectives and intent
of this chapter under peculiar or unique site or design conditions.
C.
All requests for modification of any standards and requirements of
this chapter 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 of hardship on which the
request is based, the provision or provisions of the ordinance involved
and the minimum modification necessary. Requests for the minimum modification
shall be referred to the planning agency for advisory comments before
action by the Borough Council. The Borough Council and the planning
agency shall keep a written record of all action on all requests for
modifications.
[Ord. 714, 11/13/1991, § 108]
The Borough Council may, after public hearing, amend the provisions
of this chapter pursuant to the provisions of the Pennsylvania Municipalities
Planning Code, as amended.
[Ord. 714, 11/13/1991, § 109]
1.
Preventative Remedies.
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 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.
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 any ordinance adopted pursuant to 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, 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.
2.
Enforcement Remedies. Any person, partnership or corporation who
or which has violated the provisions of any subdivision or land development
ordinances, the Municipalities Planning Code, or prior enabling laws
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by a municipality, pay a judgment of not more than $500
plus all court costs, including reasonable attorney fees incurred
by the municipality as a result thereof. No judgment shall commence
or be imposed, levied or be payable until the date of the determination
of a violation by the district justice. If the defendant neither pays
nor timely appeals the judgment, the municipality may enforce the
judgment pursuant the applicable rules of civil procedure. Each day
that a violation continues shall constitute a separate violation,
unless the district justice determining that there has been a violation
further determines that there was a good faith basis for the person,
partnership or corporation violating the ordinance 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 district justice
and thereafter each day that a violation continues shall constitute
a separate violation. 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.
