This chapter shall be known and cited as the "Churchill Borough Subdivision
Ordinance."
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 after approval of plats in accordance with
all the provisions of this chapter.
Council may grant a modification of the requirements of one or more
provisions of the subdivision regulations if the literal enforcement will
exact undue hardship because of peculiar conditions pertaining to the land
in question, or when the alternative standard can be demonstrated to provide
equal or better results, provided that such modification will not be contrary
to the public interest and that the purpose and intent of the ordinance is
observed. All requests for a modification shall be in writing and shall accompany
and be a part of the application for development. The request shall state
in fall the grounds and facts of unreasonableness or hardship on which the
request is based, the provision or provisions of the ordinance involved and
the maximum modification necessary. The request for modification may be referred
to the Planning Commission for advisory comments. Council shall keep a written
record of all action on all requests for modifications.
The provisions of this chapter shall be held to be the minimum requirements
for the protection of the health, safety, morals and general welfare of the
borough.
In case any building, structure or land is, or is proposed to be, erected,
constructed, reconstructed, altered, converted, maintained or used in violation
of this chapter, Council may institute in the name of the borough any appropriate
action or proceeding in law or equity to prevent, restrain, correct or abate
such building, structure or land, to recover damages or to prevent, in or
about such premises any act, conduct, business or use constituting a violation
or illegal occupancy of a building. The description by metes and bounds in
the instrument of transfer or other documents used in the process of selling
or transferring shall not exempt the seller or transferor from such penalties
or from the remedies herein provided. The borough shall have all of the enforcement
remedies provided in the Pennsylvania Municipalities Planning Code, § 10515.1
and § 10617.2.
