This chapter shall be known and may be cited as the "Borough
of Jenkintown Subdivision Ordinance of 1970."
This chapter is enacted for the following purposes: to assure
sites suitable for building purposes and human habitation; to provide
for the harmonious development of the Borough and for the coordination
of existing streets and highways with proposed streets, parks or other
features of the Borough Official Plan of Streets and Highways; to
provide for adequate open spaces for traffic, recreation, light and
air; and to provide for proper distribution of population, thereby
creating conditions favorable to the health, safety, morals and general
welfare of the citizens of the Borough.
No subdivision of any lot, tract or parcel of land shall be
effected, no street, alley, sanitary sewer, storm drain, 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 abutting thereon, except in strict accordance
with the provisions of this chapter.
[Amended 5-13-1980 by Ord. No. 80-14; 1-26-2015 by Ord. No. 2014-8]
No lot in a subdivision may be sold; no leasehold in any building
or any land development may be created; no declaration or deed of
any unit under the Unit Property Act of July 3, 1963, P.L. 196, 68
P.S. § 700.101 et seq.;[1] and no land development may be carried out; no permit
to erect, alter or repair any building on the land of a subdivision
may be issued; and no building may be erected in a subdivision, unless
and until a subdivision or land development plan for such land has
been approved and, where required, recorded and until the improvements
required by the Borough Council in connection therewith have either
been constructed or guaranteed by means of a proper completion guaranty
in a form and amount acceptable to the Borough, including, but not
limited to, federal or commonwealth chartered lending institution
irrevocable letters of credit or the deposit of funds or securities
in escrow sufficient to cover the cost of the required improvements,
as estimated by the Borough Engineer, that the improvements will subsequently
be installed. Where, owing to special conditions, a literal enforcement
of this provision would result in unnecessary hardship, the Borough
Council may make such reasonable exception thereto as will not be
contrary to the public interest and may permit the sale of a lot,
issuance of a permit or erection of a building, subject to conditions
necessary to assure adequate streets and other public improvements.
[1]
Editor's Note: The Unit Property Act, 68 P.S. §§
700.101 to 700.805, was repealed by 1980, July 2, P.L. 286, No. 82,
§ 2; see now the Uniform Condominium Act, 68 Pa.C.S.A. §
3101 et seq.
