[Ord. No. 2022-04, 2/15/2022[1]]
These regulations shall be known and may be cited as "Mifflinburg Borough Subdivision and Land Development Ordinance."
[1]
Editor's Note: This ordinance superseded former Ch. 23, Subdivision and Land Development, Ord. No. 90-7, 11/20/1990, as amended.
[Ord. No. 2022-04, 2/15/2022]
The Mifflinburg Borough Council is vested by law with the authority to regulate subdivision and land development within its boundary by Section 501 of the Pennsylvania Municipalities Planning Code (Act 247 of 1968, as amended by Act 170 of 1988).
[Ord. No. 2022-04, 2/15/2022]
1. 
Providing for the equitable processing of subdivision and land development plans through uniform standards and procedures.
2. 
Providing for the protection of soil and water resources and stormwater management facilities.
3. 
Providing for the health, safety and general welfare of the Borough.
4. 
Providing for the safe and efficient movement of pedestrians and vehicles.
5. 
Promoting energy efficient subdivision and land development design.
6. 
Avoiding unsound development in floodplain areas.
7. 
Providing and protecting sites with recreation, conservation, scenic and open space value.
8. 
Promoting orderly and efficient integration of subdivision, land development, streets and utilities.
9. 
Promoting new development that is well designed, of high quality, and suited to the natural conditions of the site.
10. 
Assuring the provision of public improvements which are necessary and the coordination of subdivision and land development proposals with existing streets, public improvements, and municipal public improvement plans, policies, and programs.
11. 
Assuring that streets in and bordering a subdivision or land development shall be coordinated, and be of such widths and grades and in such locations as are deemed necessary to accommodate prospective traffic and facilitate fire protection.
12. 
Assuring 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.
13. 
Assuring that the adverse impacts of development on unique and valued natural, scenic, historic, and cultural features and resources are minimized to the greatest practicable extent.
14. 
Assuring that adequate easements and rights-of-way are provided for access, drainage facilities, public utilities, and other appropriate general public purposes.
15. 
Assuring that any land area reserved for public use is suitable in size and location for the intended and designated use.
16. 
Facilitating the safe and efficient movement of people and goods through the Borough.
17. 
Protecting soil and water resources (including groundwater resources) and natural drainageways.
18. 
Ensuring that land which is subject to flooding, subsidence or underground fires shall be made safe for the purpose for which such land is proposed to be used, or that such land shall be set aside for uses which shall not endanger life or property or further aggravate or increase the existing problem.
19. 
Promoting 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 the Borough and its constituent municipalities.
20. 
Ensuring 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.
21. 
Providing uniform standards and procedures for the preparation and recording of plans with the Recorder of Deeds of and for Union County so that the land records of the county are accurate and complete.
[Ord. No. 2022-04, 2/15/2022]
The Mifflinburg Borough Planning Commission shall have the authority to approve or disapprove all subdivision and land development plans for the Borough.
1. 
Review by the Union County Planning Commission. All plans for subdivision and land development within the Borough shall be forwarded, upon receipt by the Mifflinburg Borough Planning Commission, to the Union County Planning Commission for review and recommendation. The Mifflinburg Borough Planning Commission shall not approve or disapprove such plans until the County Planning Commission review is received or until the expiration of 30 days from the submission of the plan to the County Planning Commission, or within such further time as may be agreed upon between the County and the Borough Planning Commissions.
2. 
Conflict with Other Ordinances. Should any provision of this chapter be found in conflict with the provisions of a zoning, building, fire, safety, health or other ordinance or code of the Borough, the provision which establishes the higher standard for the protection of the health and safety of the Borough shall prevail.
[Ord. No. 2022-04, 2/15/2022]
The provisions of this chapter shall 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 Mifflinburg Borough Planning Commission a subdivision and/or land development plan for any activity that constitutes a subdivision or land development as defined in this chapter.
[Ord. No. 2022-04, 2/15/2022]
1. 
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 shall be made, no street, sanitary sewer, storm sewer, water main, or other improvements 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 accordance with the provisions of this chapter.
2. 
Pending or Approved Applications. The provisions of this chapter shall not affect any application for subdivision or land development that is pending approval prior to the effective date of this chapter. Such applications shall comply with regulations in effect at the time the application was filed. In addition no provision of this chapter shall 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.
3. 
Recording Required. All subdivision and land development plans approved by the Mifflinburg Borough Planning Commission in accordance with this chapter shall be recorded in the office of the Recorder of Deeds of 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 shall render the plan null and void, as if it were never approved.
4. 
County Review Notation. The Recorder of Deeds of and for Union County, Pennsylvania shall not accept any subdivision or land development plan for recording unless the plan officially notes the approval of the Mifflinburg Borough Planning Commission and review by the Union County Planning Commission.
[Ord. No. 2022-04, 2/15/2022]
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.
[Ord. No. 2022-04, 2/15/2022]
The requirements of this chapter shall not impact any requirements contained in deed restrictions, covenants, easements, or other private agreements ("private requirements"). Private requirements are not enforced by the Mifflinburg Borough Planning Commission.
[Ord. No. 2022-04, 2/15/2022]
Should a court of competent jurisdiction declare any section, subsection, or provision of this chapter invalid, such decision shall not affect the validity of this chapter as a whole, or any other part of the remaining provisions of the Ordinance. The Mifflinburg Borough Council hereby declares that it would have enacted the remainder of this chapter even without any such part, provision, or application.
[Ord. No. 2022-04, 2/15/2022]
The granting of approval of a subdivision or land development plan or any improvement installed as a condition thereof, shall not constitute a representation, guarantee, or warranty of any kind by the Borough of Mifflinburg, or by any official, employee, or appointee thereof, of the practicality or safety of the proposed use or improvement, and shall create no liability upon or cause of action against the Borough of Mifflinburg, its officials, employees, 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.
[Ord. No. 2022-04, 2/15/2022]
Specific methods and publications referenced in this chapter shall, in all cases, refer to the latest available edition and shall include revisions, amendments, and/or replacements thereto.
[Ord. No. 2022-04, 2/15/2022]
The Mifflinburg 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; provided, however, in the event that the amendments of the Pennsylvania Municipalities Planning Code require changes in the provisions of this chapter (i.e., definitions, approval requirements, guarantee for completion of improvements, etc.), said amendments shall automatically become a part of this chapter and the Mifflinburg Borough Planning Commission shall 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.
[Ord. No. 2022-04, 2/15/2022]
This chapter shall become effective immediately after being duly enacted and ordained by the Mifflinburg Borough Council.