[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.