These regulations, rules, and standards for planning, subdividing, and developing land within the Borough of Lewisburg, including procedures for the application for approval of land development and subdivision plans and the approval thereof, as well as penalties for the violation of any regulations herein contained, will be known, cited and referred to as the "Subdivision and Land Development Ordinance" for the Borough of Lewisburg.
The general purpose of this chapter is to promote the health, safely and general welfare of the citizens of the Borough of Lewisburg through the establishment of uniform standards and procedures for subdivision and land development activity within the Borough it is intended that the regulation of development throughout the Borough will be of mutual benefit to residents, property owners, developers, adjacent municipalities. Union County, and the general public. The Borough Council hereby cites the following as specific purposes for which this chapter was ordained and enacted:
A. 
To provide for orderly, safe, efficient development of the land to obtain harmonious and stable neighborhoods.
B. 
To promote new development that is well designed, of high quality, and suited to the natural conditions of the site.
C. 
To coordinate land development in accordance with the Zoning Ordinance,[1] and other plans of the Borough.
[1]
Editor's Note: See Chapter 360, Zoning.
D. 
To provide for safe and convenient vehicular and pedestrian circulation throughout the Borough.
E. 
To assure that the adverse impacts of development on valued scenic, historic and cultural features and resources of the Borough are minimized to the greatest practical extent.
F. 
To responsibly manage and control stormwater runoff, by maintaining groundwater infiltration, water quality, reducing stream erosion and maintaining natural stormwater runoff characteristics.
G. 
To establish adequate and economical provisions for utilities and public services to conserve public funds.
H. 
To assure that sites are suitable for development, building, and human habitation and to prevent development that may be hazardous, may aggravate an existing hazard, or may endanger life or property.
I. 
To promote the consideration of and compliance with other federal, state, county, and/or local acts, codes, laws, ordinances, plans, policies, rules, regulations, and statutes, including the comprehensive plans of Union County.
J. 
To provide for the equitable processing of all subdivision and land development plans.
K. 
To ensure that provisions are made for encouraging and promoting flexibility, economy, and ingenuity in the layout and design of subdivisions and land developments, and for encouraging practices which are in accordance with modern and evolving principles of site planning and development.
L. 
To provide uniform standards and procedures for the preparation and recording of all subdivision and land development plans with the Union County Office of Recorder of Deeds so that the land records of the county are accurate and complete.
The provisions of this chapter will be considered to be the minimum standards necessary to meet the purposes contained herein and the general purposes of the Pennsylvania Municipalities Planning Code Act 247 of 1968. P.L. 805, No. 247 (53 P.S. § 10101, et seq.) as from time to time reenacted and amended. As such all persons are required to submit to the Union County Planning Commission a subdivision and/or land development plan for any activity that constitutes a subdivision or land development as defined in this chapter.
A. 
General. Pursuant to the provisions of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, P.L. 805, No. 247 (53 P.S. § 10101, et seq.) as from time to time reenacted and amended no subdivision or land development of any lot, tract or parcel of land will be made, no street, sanitary sewer, storm sewer, water main, or other improvements in connection therewith will 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 accordance with the provisions of this chapter.
B. 
Pending or approved applications. The provisions of this chapter will not affect any application for subdivision or land development that is pending approval prior to the effective date of this chapter. Such applications will comply with regulations in effect at the time the application was filed in addition no provision of this chapter will adversely affect the right of an applicant to complete any aspect of a plan that was approved prior to the effective date of this chapter in accordance with the terms of such approval within five years from the date of first approval.
C. 
Recording required. All subdivision and land development plans approved by the Borough Council in accordance with this chapter will be recorded in the Office of the Recorder of Deeds in and for Union County Pennsylvania, within 90 days of the date of approval affixed to the plan Failure to record the plan within the ninety-day period will render the plan null and void as if it were never approved.
D. 
County approval/review notation. The Union County Recorder of Deeds will not accept any subdivision or land development plan for recording unless the plan officially notes the approval of the Borough Council, the recommendation of the Lewisburg Planning Commission, and the nonjurisdictional review by the Union County Planning Department.
The Borough Council may from time to time revise modify and amend this chapter pursuant to the provisions of the Pennsylvania Municipalities Planning Code Act 247 of 1968 P.L. 805 No. 247 (53 P.S. § 10101 et seq), as from time to time reenacted and amended, or other applicable law in effect at the time of said amendment. However in the event that the amendments of the Pennsylvania Municipalities Planning Code require changes in the provisions of this chapter (e.g., definitions, approval requirements, guarantee for completion of improvements, etc.), said amendments will automatically become a part of this chapter and the Borough Council will be authorized to attach to this chapter and to copies hereof written addendum setting forth such Pennsylvania Municipalities Planning Code amendments and the sections of this chapter affected thereby.
Approvals issued pursuant to this chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable act, code, law, ordinance, plan, policy, rule, regulation or statute.
Where a municipality under jurisdiction of this chapter has enacted a local zoning ordinance, building code, road ordinance, or other ordinance, code, resolution, or regulation other than a subdivision and land development ordinance which imposes more restrictive standards and requirements than contained herein, such other standards and requirements will take precedent and prevail where there is conflict with the provisions of this chapter.
If the requirements of this chapter conflict with those contained in deed restrictions, covenants, easements, or other private agreements, the requirements that are more restrictive or which impose higher standards will govern, provided that the private provisions are otherwise lawful.
The Lewisburg Borough Subdivision and Land Development Ordinance enacted March 15, 1983, Ordinance No. 83-3 as amended by Ordinance No. 833 enacted October 20, 1987, Ordinance No. 866 and 871 enacted September 18, 1990, Ordinance No. 894, enacted October 18, 1994, Ordinance No. 993, enacted July 21, 2009, and all other ordinances or sections thereof and resolutions, which are inconsistent with any of the provisions herein, are hereby repealed. Repeal of said ordinances or resolutions will not be construed to affect any suit or proceeding now pending in any court or any rights accrued or liability incurred or any cause or causes of action accrued or existing under any ordinance repealed hereby; nor will any right or remedy be lost, impaired, or affected by this chapter.
Should a court of competent jurisdiction declare any section, subsection, or provision of this chapter invalid, such decision will not affect the validity of this chapter as a whole, or any other part of the remaining provisions of the ordinance. The Borough Council hereby declares that it would have enacted the remainder of this chapter even without any such part, provision, or application.
The granting of approval of a subdivision or land development plan or any improvement installed as a condition thereof, will not constitute a representation, guarantee, or warranty of any kind by the Borough of Lewisburg, or by any official, employee, agent, or appointee thereof of the practicality or safety of the proposed use or improvement, and will create no liability upon or cause of action against the Borough of Lewisburg, its officials, employees, agents or appointees for any damage that may result pursuant thereto. The applicant is responsible for ensuring that any subdivision or land development will not cause injury or damage to other persons or property.
Specific methods and publications referenced in this chapter will in all cases refer to the latest available edition and will include revisions, amendments, and/or replacements thereto.
This chapter shall become effective immediately upon enactment.