This is a chapter providing for the regulation
of subdivisions and land developments within the Borough of Matamoras,
Pike County, Pennsylvania. It may be cited as the "Matamoras Borough
Subdivision and Land Development Regulations."
This chapter is adopted under the authority
provided Matamoras Borough by the Pennsylvania Municipalities Planning
Code, Act 247 of 1968, as amended.[1]
[1]
Editor's Note: See 53 P.S. ยงย 10101
et seq.
This chapter is adopted for the following purposes:
A.ย
Promoting the orderly growth and development of the
Borough in accordance with the Matamoras Borough Comprehensive Plan.
B.ย
Providing for the health, safety and welfare of Borough
residents and preservation of the environment.
C.ย
Minimizing foreseeable maintenance and improvement
problems as well as economic burdens associated with development of
land.
This chapter shall apply to all subdivisions
of land and land developments made on or after the effective date
of this chapter and not yet recorded, including recreational land
developments.
A.ย
Interpretation. The provisions of these regulations
in their interpretation and application shall be held to be the minimum
requirements for the promotion of the public health, safety and general
welfare.
B.ย
Conflict. These regulations are not intended to interfere
with, abrogate or annul any other ordinance, rule or regulation, statute
or provision of law. Where any of the provisions of these regulations
imposes restrictions different than any other ordinance, rule or regulation
or other provision of law, whichever provisions are more restrictive
or impose higher standards shall control. This chapter, however, shall
repeal the Matamoras Borough Subdivision Regulations of January 1974
along with all subsequent amendments which may have preceded this
chapter.
C.ย
Severability. If any part or provision of these regulations
or application thereof to any person or circumstances is judged invalid
by any court of competent jurisdiction, such judgment shall be confined
in its operation to the part, provision or application directly involved
in all controversy in which judgment shall have been rendered and
shall not affect or impair the validity of the remainder of these
regulations or the application thereof to other persons or circumstances.
The Borough hereby declares that it would have enacted the remainder
of these regulations even without such part, provision or application.
A.ย
The Borough Council shall have the power to authorize
variations from the requirements of these regulations.
B.ย
Applications for such variations shall generally be
submitted in writing by the subdivider at the time the preliminary
plan is filed for the consideration of the Commission except in cases
where a variation is proved necessary at a later date by construction
conditions or a change in conditions. The application shall state
fully the grounds for the application and all the facts relied upon
by the subdivider.
C.ย
The Borough Council may, by resolution, authorize
a variation from these regulations when, in its opinion, unreasonable
hardship will result from strict compliance therewith, subject, however,
to the provisions of the following:
(1)ย
No resolution authorizing a variation shall be considered
by the Council until a public hearing shall first be held pursuant
to public notice. The person applying for a variation shall pay to
the Borough Secretary, in advance, such sum as the Secretary shall
estimate to be the cost of holding the meeting.
(2)ย
Any resolution of the Borough Council authorizing
a variation from these regulations shall state in it the reasons on
which the Council bases its finding that unreasonable hardship will
result from strict compliance with these regulations.
D.ย
In authorizing a variation, the Council may attach
conditions and require such guaranty or bond as it may deem necessary
to assure compliance with the objectives of these regulations. Variations
may be granted only where the following conditions occur:
(1)ย
There is no possibility, because of unique physical
circumstances, that the property can be developed in strict conformity
with the provisions of these regulations.
(2)ย
The above hardship would be unique and not shared
by other properties in the immediate vicinity.
(3)ย
The variation would not change the character of the
area and would preserve the purpose and intent of these regulations.
In any case when the Borough Council disapproves
a subdivision plan, any person aggrieved thereby may appeal the decision
pursuant to the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. ยงย 10101
et seq.
A.ย
Any person, partnership or corporation who or which,
being the owner or agent of any lot, tract or parcel of land, shall
lay out, construct, open or dedicate any street, sanitary sewer, storm
sewer, water main or other improvements for public use, travel or
other purposes or for the common use of occupants of buildings abutting
thereon or who sells, transfers, rents, leases, conveys by other means
or agrees or enters into an agreement to do the same with any land
in a subdivision or land development whether by reference to or by
other use of a plat of such subdivision or erect any building thereon,
unless and until a final plat has been prepared in full compliance
with the provisions of this chapter and of the regulations adopted
hereunder and has been recorded as provided herein, shall be guilty
of a misdemeanor, and upon conviction thereof, such person or the
members of such partnership or the officers of such corporation or
the agent of any of them responsible for such violation shall pay
a fine not exceeding one thousand dollars ($1,000.) per lot or parcel
or per dwelling within each lot or parcel. All fines collected for
such violations shall be paid over to the Matamoras Borough Council.
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 Council may also initiate
and maintain civil action:
B.ย
Nothing herein shall prevent the Borough from taking
such other action necessary to prevent or remedy any violation.
The Council may, after public hearing, amend
these regulations pursuant to the Pennsylvania Municipalities Planning
Code.[1] These regulations shall also be considered amended whenever
any provision of the aforementioned Code is itself amended to require
or authorize actions different from those specified herein.
[1]
Editor's Note: See 53 P.S. ยงย 10101
et seq.
The approval of a subdivision and/or land development
plat or of any improvement installed shall not constitute a representation,
guaranty or warranty of any nature by the municipality or any official,
employee or appointee thereof of the safety of any land, improvement,
property or use from any cause whatsoever and shall create no liability
upon or a cause of action against the municipality or such official,
employee or appointee for any damage that may result pursuant thereto.