Borough of Matamoras, PA Article I General Provisions

§ 108-1 Title.

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."

§ 108-2 Statutory authority.

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. § 10101 et seq.

§ 108-3 Purposes.

This chapter is adopted for the following purposes:

A. Promoting the orderly growth and development of the Borough in accordance with the Matamoras Borough Comprehensive Plan.

B. Providing for the health, safety and welfare of Borough residents and preservation of the environment.

C. Minimizing foreseeable maintenance and improvement problems as well as economic burdens associated with development of land.

§ 108-4 Jurisdiction.

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.

§ 108-5 Interpretation; conflict and repealer; severability.

A. 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. 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. 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.

§ 108-6 Variations.

A. The Borough Council shall have the power to authorize variations from the requirements of these regulations.

B. 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. 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) 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) 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. 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) 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) The above hardship would be unique and not shared by other properties in the immediate vicinity.

(3) The variation would not change the character of the area and would preserve the purpose and intent of these regulations.

§ 108-7 Appeals.

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. § 10101 et seq.

§ 108-8 Violations and penalties.

A. 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:

(1) To obtain a writ of injunction against the subdivider who attempts the improper sale, lease or conveyance of land.

(2) To set aside and invalidate any conveyance of land made prior to recording of any subdivision.

B. Nothing herein shall prevent the Borough from taking such other action necessary to prevent or remedy any violation.

§ 108-9 Amendments.

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. § 10101 et seq.

§ 108-10 Municipal liability.

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.