An ordinance providing for the regulation and
control of the subdivision of lots and the development of land; the
approval of plans, plots or replots of land laid out in building lots;
standards for the design of streets, lots, easements, blocks and other
improvements; certain minimum improvements and construction standards
on all streets and required dedications; the administration of this
chapter by Bridgeport Borough Council and staff; and penalties for
the violation of this chapter.
This chapter shall be known and may be cited
as "The Bridgeport Borough Subdivision and Land Development Ordinance
of 2000."
The purpose of these regulations is to create
conditions favorable to the health, safety, morals, and general welfare
of the citizens by: assisting in the orderly and efficient integration
of subdivisions; ensuring conformance of subdivision plans with the
public improvements plans of the Borough; ensuring sites suitable
for building purposes and human habitation; facilitating the efficient
movement of traffic and avoiding traffic hazards and congestion; securing
equitable handling of all subdivision plans by providing uniform procedures
and standards; improving land records by establishing standards for
surveys and plans; safeguarding the interests of the public, the homeowner,
the subdivider and all municipalities; preserving natural and historic
features; and carrying out the goals and objectives of the Comprehensive
Plan and the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
No subdivision or land development of any lot, tract
or parcel of land shall be made, and no street, sanitary sewer main,
water main or other improvements required in connection with a proposed
subdivision or land development shall be laid out, constructed, opened
or dedicated for use of the public or the occupants of the proposed
subdivision or land development, except in accordance with this chapter.
B.
A lot or parcel that was not a legal lot of record prior to adoption of this chapter shall not be created, sold or transferred, and no land development may occur on a lot unless and until the subdivision of the lot and/or the approval of the land development, as applicable, has been granted final plan approval and any subdivision has been recorded and either of the following occurs, as provided in § 495-37:
A.
Revisions to Borough regulations after approval of
a development: From the time an application for approval of a subdivision
or land development has been approved or approved subject to conditions,
no subsequent change or amendment in the zoning, subdivision or other
governing ordinance or plan shall be applied to adversely affect the
right of the applicant to commence and to complete any aspect of the
approved development in accordance with the terms of such approval
within five years from such approval.
Where provisions, standards, and specifications
of this chapter conflict with those of any state statute, other ordinance
or regulations, the more restrictive requirement shall apply, regardless
of its source, unless specified to the contrary.
A.
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.
B.
TAll 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.
C.
The request
for modification may be referred to the Planning Commission for advisory
comments.
D.
The Borough
Council shall keep a written record of all action on all requests
for modifications.
A.
Borough Council has established by resolution a schedule
of fees and a collection procedure for all applications and other
matters pertaining to this chapter. Such resolution may be revised
by resolution.
B.
The applicant is also required to pay any review fees
required by the County Planning Commission and the County Conservation
District, and any other applicable agencies.
C.
Plans shall not be considered filed until all fees
are paid and any required escrow account is funded and the applications
are properly signed as required. The Borough Manager may allow the
escrow account payment to be delayed up to 10 days until the amount
needed for the escrow has been determined by the Borough.
D.
The applicant is required to fund an escrow account
sufficient to pay the costs of professional reviews of a proposed
subdivision or land development. The escrow account shall be funded
at the same time the applicant submits a final plan application. The
Borough may require additional payments to the escrow account if determined
to be necessary. If the total expenses for professional reviews of
a subdivision or land development exceed the amount placed in escrow
by an applicant, such excess expenses shall be paid by the applicant
prior to release of the final plans by the Borough for recording.
E.
Any funds in the escrow account that are not needed
for the reviews shall be returned to the applicant.
F.
An applicant shall also be responsible to reimburse
the Borough for the costs of any legal advertisements that may be
necessary for the subdivision or land development to occur, such as
for the vacation of an alley or acceptance of dedication of a street.
[1]
Editor's Note: The current fees resolution
of the Borough is on file in the office of the Borough Secretary.
A.
Alternate plans: Only one plan concerning any one
area of land shall be before the Borough for review at any one moment
in time, unless the Subdivision Administrator specifically permits
simultaneous review of alternative plans. When an alternative plan
is permitted, a new submission fee shall be required, unless the Subdivision
Administrator determines that the alternative plan is not significantly
different from the earlier submission.
B.
Revisions and resubdivisions.
(1)
Revised plans: Until a submission is approved or rejected
by Borough Council, the applicant may withdraw the submission and
submit a revised plan following the submission and review procedures
which apply to that plan.
(a)
For any submittal of a revision of a previously
submitted plan, the Borough may require the applicant to submit additional
fees if needed, based upon the Borough's expenditures on the review
up to that time.
(b)
If any revision is submitted to an active subdivision
or land development plan, then such revision shall be considered a
new submittal, and the maximum time period for Borough approval shall
re-start after the first regular Planning Commission or Borough Council
meeting after such submittal of the revised plan.
(2)
A revision or resubdivision of a recorded plan or
a final plan approved by Borough Council shall be considered as a
new subdivision and shall comply with all of the regulations of this
chapter.
(a)
If the Borough staff determines that a revision is only for a lot line adjustment (which may include an annexation) or to correct erroneous data or minor omissions or revise engineering details or supporting documentation, the plan may be submitted under the simplified requirements and procedures of § 495-34.
The Borough shall maintain records of the findings,
decisions and recommendations of any Planning Commission and Borough
Council regarding all subdivision and land development plans. Such
records shall be available to the public for review.
The regulations set forth in this chapter may,
from time to time, be amended by Borough Council, following the procedures
of the Pennsylvania Municipalities Planning Code, as amended, including
a Council public hearing (with public notice as required by the Municipalities
Planning Code).
Decisions of Borough Council may be appealed
in accordance with the Pennsylvania Municipalities Planning Code,
as amended.
A.
Inspectors: Borough Council shall authorize one or
more persons, which may include the Zoning Officer and the Borough
Engineer and his/her representatives, to enforce the provisions of
this chapter and the accompanying design standards and improvement
specifications.
B.
Inspection: Any action under this chapter is subject
to on-site inspection by the Borough or its authorized representatives
to ensure compliance with this chapter, other Borough ordinances and
the approved plans.
C.
Preventative remedies.[1]
(1)
In
addition to other remedies, the Borough may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building, structure or premises.
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.
(2)
The
Borough may refuse to issue any permit or grant any approval necessary
to further improve or develop any real property which has been developed
or which has resulted from a subdivision of real property in violation
of this chapter. This authority to deny such a permit or approval
shall apply to any of the following applicants:
(a)
The owner of record at the time of such violation.
(b)
The vendee or lessee of the owner of record at the time of such violation
without regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
(c)
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
(d)
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
(3)
As
an additional condition for issuance of a permit or the granting of
an approval to any such owner, current owner, vendee or lessee for
the development of any such real property, the Borough may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.
A.
Any person, partnership or corporation who or which
has violated any provisions of this chapter shall, upon being found
liable therefor in a civil enforcement proceeding commenced by the
Borough, pay a judgment of not more than $500 plus all court costs,
including reasonable attorney fees incurred by the Borough as a result
thereof. No judgment shall commence or be imposed, levied or payable
until the date of the determination of a violation by the Magisterial
District Judge.
B.
If the defendant neither pays nor timely appeals the
judgment, the Borough may enforce the judgment pursuant to the applicable
rules of civil procedure. Each day that a violation continues shall
constitute a separate violation, unless the Magisterial District Judge
determining that there has been a violation further determines that
there was a good faith basis for the person, partnership or corporation
violating this chapter to have believed that there was no such violation,
in which event there shall be deemed to have been only one such violation
until the fifth day following the date of the determination of a violation
by the Magisterial District Judge and thereafter each day that a violation
continues shall constitute a separate violation.
C.
All fines collected for such violations shall be paid
over to the Borough.
Neither the approval nor the granting of any
building permit, floodplain permit, site plan review, subdivision
approval, land development approval, zoning permit, erosion review,
stormwater runoff review, wetland delineation or wetland review, steep
slope review or any other review or permit of this chapter involving
any land governed by the provisions of this chapter by an officer,
employee, consultant or agency of the Borough shall constitute a representation,
guarantee or warranty of any kind by the Borough or its employees,
consultants, officials or agencies of the practicality or safety of
any structure, use or subdivision and shall create no liability upon
nor a cause of action against any Borough body, consultant, official
or employee for any damage that may result pursuant thereto.
It is hereby declared to be the legislative
intent that:
A.
If a court of competent jurisdiction declares any
provisions of this chapter to be invalid or ineffective in whole or
in part, the effect of such decision shall be limited to those provisions
which are expressly stated in the decision to be invalid or ineffective,
and all other provisions of this chapter shall continue to be separately
and fully effective.
B.
Borough Council hereby declares that it would have
passed all other portions of this chapter except any invalid section
if Borough Council had advance knowledge that such section would be
found invalid.
All other Borough ordinances or parts thereof
that were adopted prior to this chapter and are clearly in conflict
with this chapter, including the preexisting Bridgeport Borough Subdivision
Ordinance, as amended, except any provisions that are specifically
referenced by this chapter, are hereby repealed.
The provisions of this chapter that only repeat,
summarize or reference provisions of the Pennsylvania Municipalities
Planning Code shall be deemed to be automatically superseded and replaced
by any applicable amendments to such provisions of the Pennsylvania
Municipalities Planning Code at the date such amendments become effective
as state law.
