This chapter shall be known as and may be cited as the "Borough
of Paxtang Subdivision and Land Ordinance," "Paxtang Subdivision and
Land Development Ordinance," "Subdivision and Land Development Ordinance,"
or "SLDO."
The purpose of this chapter is to provide for the harmonious
development of the Borough by:
A.
Assisting in the orderly and efficient integration of land developments
within the Borough.
B.
Ensuring conformance of development plans with the most recent version
of the Paxtang Borough Comprehensive Plan, other applicable plans
adopted by Paxtang Borough, and other municipal documents.
C.
Ensuring the provision of adequate public facilities, including roadways,
walkways, water supply, storm and sanitary sewer facilities, open
spaces and other improvements for the public health, safety and welfare.
D.
Ensuring coordination of intermunicipal and intramunicipal public
improvement plans and programs.
E.
Securing the protection of water resources, drainageways and other
environmental resources.
F.
Facilitating the safe and efficient movement of traffic.
G.
Securing equitable handling of all development plans by providing
uniform standards and procedures.
H.
In general, promoting greater health, safety and welfare of the citizens
of the Borough.
The Borough Council of Paxtang Borough, Dauphin County, Pennsylvania,
pursuant to the Pennsylvania Municipalities Planning Code (MPC), Act
of July 31, 1968, P.L. 805, No. 247, as amended and reenacted, hereby
enacts and ordains the following chapter governing subdivisions and
land developments within the limits of Paxtang Borough.
A.
This chapter shall apply to all subdivision and land development
plans submitted after the effective date of this chapter, and to all
subdivision and land development plans submitted before the effective
date of this chapter which no longer have protection from the effect
of changes in governing ordinances granted by Section 508(4) of the
most recent version of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10508(4).
B.
From the time an application for approval, whether preliminary or
final, is duly filed, as provided in this chapter, and while such
application is pending approval or disapproval, no change or amendment
of the zoning, other governing ordinance or plan shall affect the
decision on such application adversely to the applicant, and the applicant
shall be entitled to a decision in accordance with the provisions
of the governing ordinances or plans as they stood at the time the
application was duly filed. In addition, when a preliminary application
has been duly approved, the applicant shall be entitled to final approval
in accordance with the terms of the approved preliminary application,
as hereinafter provided. However, if an application is properly and
finally denied, any subsequent application shall be subject to the
intervening change in governing regulations.
C.
Vesting of plans.
(1)
When an application for approval, whether preliminary or final, has
been approved without conditions or approved by the applicant's
acceptance of conditions, no subsequent change or amendment in the
zoning or other governing ordinance or plan shall be applied to affect
adversely 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.
(2)
Where final plan approval is preceded by preliminary plan approval,
the aforesaid five-year period shall be counted from the date of the
preliminary approval. In the case of any doubt as to the terms of
a preliminary approval, the terms shall be construed in the light
of the provisions of the governing ordinances or plans as they stood
at the time when the application for such approval was duly filed.
(3)
Where the landowner has substantially completed the required improvements,
as depicted upon the final plan within the aforesaid five-year limit,
or any extension thereof as may be granted by the Borough Council,
no change of governing ordinance or plan enacted subsequent to the
date of filing of the preliminary plan shall modify or revoke any
aspect of the approved final plan pertaining to zoning classification
or density, lot, building, street or utility location.
(4)
In the case of a preliminary plan calling for the installation of
improvements beyond the five-year period, a schedule shall be filed
with the preliminary plan, delineating all proposed sections (of the
plan), as well as deadlines within which applications for final plan
approval of each section (of the plan) are intended to be filed. Such
schedule shall be updated annually on or before the anniversary of
the preliminary plan approval, until final plan approval of the last
section (of the plan) has been granted. Any modification in the aforesaid
schedule shall be subject to approval of the Borough Council at its
discretion.
(5)
Provided the landowner has not defaulted with regard to or violated
any of the conditions of the preliminary plan approval, including
compliance with the schedule for submission of final plans, then the
aforesaid protections afforded by substantially completing the improvements
depicted upon the final plan within five years shall apply, and for
any section or sections (of the plan), beyond the initial section
(of the plan), in which the required improvements have not been substantially
completed within said five-year period, this extended protection shall
apply for an additional term or terms of three years from the date
of final plan approval for each section (of the plan).
(6)
Failure to adhere to the aforesaid schedule of submission of final
plans for the various sections (of the plan) shall subject any such
section to changes in zoning, subdivision and other governing ordinance
enacted by the Borough subsequent to the date of the initial preliminary
plan submission.
D.
This chapter shall not affect any suit or prosecution pending or
to be instituted to enforce any provision of previous subdivision
and land development ordinances of the Borough of Paxtang or an act
done, contract executed or liability incurred prior to the effective
date of this chapter, nor shall any provisions of this chapter be
construed to waive the obligations imposed upon an applicant to complete
a previously approved preliminary or final plan, including the installation
of all improvements required hereunder, in strict compliance with
the requirements of this chapter.
E.
No subdivision or land development of any lot, tract or parcel of
land in Paxtang Borough shall be effected; no street, sanitary sewer,
storm sewer, water main or other facilities 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 thereon
unless and until authorized by this chapter.
F.
No lot in a subdivision may be sold, no permit to erect or alter
any building upon land in a subdivision or land development may be
issued, and no building may be erected or altered in a subdivision
or land development unless and until a final plan has been approved
by the Borough Council and recorded, and until the improvements required
in connection therewith have been either constructed or guaranteed
in a manner prescribed herein.
In interpreting and applying this chapter, its provisions shall
be held to be the minimum requirements for promotion of health, safety,
morals and general welfare of the Borough. Any development permitted
subject to the regulations prescribed by the provisions of this chapter
shall conform with all regulations of this chapter, as well as with
all other applicable regulations of this and other related chapters,
ordinances, standards and/or rules. This chapter is not intended to
interfere with, abrogate, annul, supersede or cancel any easements,
covenants, restrictions or reservations contained in deeds or other
agreements, but if this chapter imposes more stringent restrictions
upon property and development than are elsewhere established, the
provisions of this chapter shall prevail. Unless otherwise specified
elsewhere in this chapter, wherever and whenever the requirements
of this chapter are not consistent with the requirements of any other
legally adopted laws, rules, regulations, chapters or ordinances,
the most restrictive, or that imposing the higher standards, shall
govern. In interpreting the language of this chapter to determine
the extent of the restriction upon the use of property and development,
the language shall be interpreted, where doubt exists as to the intended
meaning of the adopted language, in favor of the property owner and
against any implied extension of the restriction.
The preexisting chapter or ordinance relating to subdivision
and/or land development in the Borough of Paxtang, as amended, is
hereby expressly repealed; provided, further, that nothing in this
chapter shall be construed to affect any suit or proceeding pending
in any court, or any rights acquired or liability incurred, or any
permit issued or approval granted, or any cause or causes of action
arising prior to the enactment of this chapter. All chapters and ordinances
or parts of chapters and ordinances and all resolutions or parts of
resolutions which are inconsistent herewith by virtue of references
or incorporation of requirements contained in the preexisting chapter
or ordinance relating to subdivision and/or land development in the
Borough of Paxtang, as amended, shall, as nearly as possible, be construed
to reference this chapter.
