Borough of Phoenixville, PA Part 1 AUTHORITY AND PURPOSE

§ 22-100 Title.

[Ord. 2016-2267, 10/11/2016]

This chapter shall be known and may be cited as the "Borough of Phoenixville Subdivision and Land Development Ordinance of 2016."

§ 22-101 Statutory Authority.

[Ord. 2016-2267, 10/11/2016]

This chapter has been enacted in conformance with the provisions of the Pennsylvania Municipalities Planning Code, Act No. 247 of 1968, as amended.[1]

[1] Editor's Note: See 53 P.S. § 10101 et seq.

§ 22-102 Purpose.

[Ord. 2016-2267, 10/11/2016]

It is the general intent of this chapter to regulate the subdivision and development of land within the Borough of Phoenixville to ensure that:

1. The layout or arrangement of the subdivision or land development and all other characteristics of the subdivision or land development shall conform to the current adopted Comprehensive Plan for the Borough of Phoenixville, as may be amended from time to time, and shall further the orderly and appropriate use of the land as set forth in the Comprehensive Plan and applicable Borough ordinances.

2. Streets and sidewalks throughout and bordering a subdivision or land development shall be coordinated with existing streets, sidewalks, parks and other public amenities of the Borough and shall be of such widths and grades and in such locations as deemed necessary to efficiently accommodate prospective vehicular traffic, pedestrian accessibility, and emergency services apparatus and personnel.

3. Adequate easements or rights-of-way shall be provided for access to and maintenance of public recreation facilities, utilities and stormwater management systems.

4. Adequate open space for recreation, landscaping, natural light, air, traffic circulation and stormwater management shall be provided in subdivisions and land developments.

5. Land which is subject to flooding, subsidence or other environmental limitation either shall be made safe for the purpose for which such land is proposed to be used or such that land shall be set aside for uses which shall not endanger life or property. Such uses are subject to the Borough's Floodplain Management Ordinance[1] and other applicable environmental regulations as governed by the Pennsylvania Department of Environmental Protection, the Chester County Conservation District, and the United States Army Corps of Engineers, as applicable.

[1] Editor's Note: See Ch. 8, Floodplains.

6. Adequate facilities for transportation, utility service, fire protection, stormwater management, recreation, and other public facilities shall be installed in the subdivision or land development, as necessary.

§ 22-103 Interpretation.

[Ord. 2016-2267, 10/11/2016]

The provisions of this chapter shall be the minimum requirements to meet the above-stated purposes. Where the provisions of this chapter impose greater restrictions than those of any other statute, ordinance, or regulations, then the provisions of this chapter shall prevail. Where the provisions of any other statute, ordinance, or regulations impose greater restrictions than those of this chapter, the provisions of such statute, ordinance, or regulations shall prevail.

§ 22-104 Jurisdiction.

[Ord. 2016-2267, 10/11/2016]

The Phoenixville Borough Council is vested by law with the jurisdiction and control of the subdivision and development of land located within the limits of the Borough of Phoenixville, except that District Justices shall have initial jurisdiction in proceedings brought under § 22-704.

§ 22-105 Waiver of Requirements.

[Ord. 2016-2267, 10/11/2016]

1. The Borough Council may grant a modification of the requirements of this chapter, through a waiver, if strict application of these requirements would be unreasonable or cause undue hardship or when an 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 this chapter is observed. All requests for modifications shall:

A. Be in writing, listed on the plans and/or sketch, and be part of the application for subdivision and/or land development.

B. List the provision(s) of the chapter requested for waiver consideration.

C. State the grounds and facts of unreasonableness or hardship on which the request is based.

D. State the minimum modification necessary to comply with the subject provision(s).

E. Be subject to approval by the Borough Council after receiving advisory recommendations from the Borough Planning Commission and the Borough Engineer.

2. In the event where a provision of the chapter is not applicable to the proposed subdivision and/or land development, the applicant need not apply for a waiver from said provision. A determination as to whether a particular provision is applicable, if necessary, will be made by the Borough Engineer in the Engineering Review Letter.

§ 22-106 When Effective.

[Ord. 2016-2267, 10/11/2016]

This chapter shall become effective upon enactment after the signing of the enabling ordinance by the Borough Council of Phoenixville as provided by law.