From and after the effective date of this chapter no subdivision of any lot, tract, or parcel of land within the Borough shall be made, and no street, sanitary sewer, storm sewer, water main or other facility 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 strict accordance with the provisions of this chapter. No lot in a subdivision may be sold, no permit to erect, alter or repair any building upon land in a subdivision may be issued, and no building may be erected in a subdivision unless and until a plan for the subdivision has been approved by the Borough Council and recorded, and until the improvements required by the Borough Council in connection therewith have either been constructed in strict accordance with the standards and specifications of the Borough or guaranteed as provided in § 180-23F of this chapter. Said standards and specifications, particularly as presented in Article VIII of this chapter, are declared to be a minimum guarantee that all streets shown on any proposed plan are of sufficient width and proper grade and so located as to accommodate the probable volume of traffic thereon, afford adequate light and air, facilitate fire protection, provide access for fire fighting equipment to buildings and provide a coordinated system of streets conforming to the Borough's official plan of streets; and further, that the land whereon buildings are to be constructed is of such character that it can be used for building purposes without danger to health or peril from fire, flood or other hazard.
Any subdivision or land development occurring within a floodplain as identified in Chapter 122, the Floodplain Management Ordinance, as amended from time to time, shall be in strict conformity with the provisions of the Subdivision and Land Development Ordinance and the Floodplain Management Ordinance.
The Borough Council may grant a modification of the
requirements of one or more provisions of this chapter if the literal
enforcement will exact undue hardship because of peculiar conditions
pertaining to the land in question, provided that such modification
will not be contrary to the public interest and that the purpose and
intent of this chapter 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 full the grounds and facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of this chapter involved and the minimum modification necessary.
If literal
compliance with any of this article’s requirements or the subdivision
and land development requirements contained within the Floodplain
Management Ordinance[1] would result in an excessive hardship upon any prospective
builder, developer, or landowner, the Borough Council may, upon written
request, grant relief from the requirement in question. Notwithstanding
any of the following procedures, all structures shall be designed
and constructed to withstand the one-hundred-year flood.
Upon the approval of a final plat, the developer shall
within 90 days of such final approval record such plat in the office
of the Recorder of Deeds of Franklin County. The Recorder of Deeds
shall not accept any plat for recording unless such plat officially
notes the approval of the Borough Council, and review by the County
Planning Commission.
The recording of the plat shall not constitute grounds
for assessment increases until such time as lots are sold or improvements
are installed on the land included within the subject plat.
After a plat has been approved and recorded
as provided in this chapter, all streets and public grounds on such
plat shall be, and become a part of the Official Map of the Borough
without public hearing.