[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."
[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.
[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 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.
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.
[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.
[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.
[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.
[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.