An ordinance establishing rules, regulations and standards governing
the subdivision and development of land within the Borough of Penndel,
Bucks County, Pennsylvania, pursuant to the authority set forth in
the Pennsylvania Municipalities Planning Code, setting forth the procedures
to be followed by the Planning Commission and the Borough Council
in applying and administering these rules, regulations and standards,
and providing penalties for the violation thereof.
This chapter shall be known and may be cited as "the Penndel
Borough Subdivision and Land Development Ordinance."
The chapter is adopted for the following purposes:
A.
To assist orderly, efficient and integrated development of land.
B.
To provide for the coordination of new facilities with existing streets
and public utilities.
C.
To provide for efficient and orderly extension of community services
and facilities at minimum cost and maximum convenience.
D.
To promote and preserve the health, safety, morals and general welfare
of the residents of the Borough.
E.
To secure equitable handling of all subdivision and land development
plans by providing uniform procedures and standards for observance
by developers and the Borough.
From and after the effective date of this chapter, any subdivision
or land development filed thereafter shall be in conformity with this
chapter and all standards and specifications adopted as part of such
chapter.
In interpreting and applying the provisions of this chapter,
they shall be held to the minimum requirements for the promotion of
the public health, safety, morals and general welfare.
A.
Whenever any regulations made under authority of this chapter require
a greater width or size of yards, courts or other open spaces, or
require a lower height of buildings or smaller number of stories,
or require a greater percentage of lot to be left unoccupied, or impose
other higher standards than are required in or under any other statute,
the provisions of the regulations made under authority of this chapter
shall govern.
B.
Whenever the provisions of any other statute require a greater width
or size of yards, courts or other open spaces, or require a greater
percentage of lot to be left unoccupied, or impose other higher standards
than are required by any regulations made under authority of this
chapter, the provisions of such statute shall govern.
C.
This chapter does not repeal, abrogate, annul or in any way impair
or interfere with existing provisions of other laws or ordinances,
except those specifically or explicitly repealed by this chapter,
or any private restrictions placed upon property by covenant, deed
or other private agreement unless repugnant hereto.
E.
The illustrations in this chapter are not a part of the ordinance
but are included herein for purpose of explanation and clarification
only.
It is hereby declared to be the intent of the Borough Council
that:
A.
If a court of competent jurisdiction declares any provision, sentence
or clause of this chapter to be invalid or ineffective in whole or
in part, the effect of such decision shall be limited to those provisions,
sentences or clauses which are expressly stated in the decision to
be invalid or ineffective, and all other provisions, sentences and
clauses of this chapter shall continue to be separately and fully
effective.
B.
If a court of competent jurisdiction finds the application of any
provision, sentence or clause of this chapter to any lot, building
or other structure, or tract of land to be invalid or ineffective
in whole or in part, the effect of such decision shall be limited
to the person, property or situation immediately involved in the controversy,
and the application of such provision, sentence or clause to other
persons, property or situations shall not be affected.
C.
It is hereby declared as a legislative intent that this chapter would
have been adopted had such unconstitutional, illegal or invalid provisions,
sentences or clauses not been included herein.
A.
Subdivision and land development control. It shall be unlawful for
the owner or any other person, firm or corporation controlling any
land in the Borough to subdivide any lot, tract, or parcel of land,
or to lay out, construct, open or dedicate for public use or travel
any street, sanitary or storm sewer drainage facility or other facility
in connection therewith, for the common use of occupants of buildings
located within the subdivision or land development, unless final plans
for such subdivision or land development shall have been:
[Amended 11-2-1987 by Ord. No. 87-4]
(1)
Prepared and signed by and sealed by a professional engineer and/or
land surveyor duly and currently registered in the Commonwealth of
Pennsylvania;
(2)
Signed by the record owners of the land and said signature notarized;
(3)
Submitted to and approved in writing thereon by the Borough Council;
and
(4)
Recorded in the Bucks County Recorder of Deeds office in Doylestown,
Pennsylvania.
B.
Before the approval of a plat by the Borough, a copy shall be transmitted
to the County Planning Commission, and that Commission shall make
a report thereon to the Borough Council. Pending the receipt and consideration
of such report, the Borough shall defer action thereon, but if such
report is not received by the Borough Council within 45 days from
the submission, or within such further time as may be agreed upon
by the Borough, the Borough may proceed to final action thereon.
