The Borough Planning and Zoning Commission was created by Ordinance No. 606, adopted by Borough Council on August 31, 1961. Said Ordinance No. 606 contravened the Municipalities Planning Code, 53 P.S. § 10101 et seq. (hereinafter "MPC") (which was enacted approximately eight years later) and was repealed by Ordinance No. 1062, with Ordinance No. 606 remaining repealed. Ordinance No. 1062 established the Borough of Tyrone Planning Commission. Ordinance No. 1062 was repealed by Ordinance No. 1118, thereby dissolving the Borough of Tyrone Planning Commission and merging its duties and functions into the Council of the Borough of Tyrone. Ordinance No. 864 enacted on October 10, 1983, created the "Subdivision Land Development Regulations of the Borough of Tyrone" with said Ordinance No. 864 being repealed in its entirety as to each provision, term and word set forth therein by Ordinance No. 1063 with the same remaining repealed. Ordinance No. 1063 is hereby repealed in its entirety and, for the sole purpose of satisfying Section 3-13(B)(1) of the Administrative Code of the Borough of Tyrone of 1992, Ordinance No. 1063 is attached hereto as "Exhibit A" and incorporated herein as if fully set forth at length, to permit the entire repeal thereof.[1]
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
This is a chapter establishing rules, regulations and standards governing the subdivision of land and/or land development within the Borough of Tyrone (hereinafter "Borough" or "Municipality"), Blair County, Pennsylvania, pursuant to the authority set forth in Article V of the Pennsylvania Municipalities Planning Code, as amended,[1] and setting forth procedures to be followed by the Borough Council of Tyrone (hereinafter "Borough Council" or "governing body") in applying, administering, and amending these rules, regulations, and standards and prescribing penalties for the violation thereof.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
This chapter shall be known, and may be cited as, the "Borough of Tyrone Subdivision and Land Development Ordinance of 1997."
These regulations are adopted to protect, promote and create conditions favorable to the health, safety, morals, and general welfare of the citizens by:
A. 
Assuring sites suitable for building purposes and human habitation.
B. 
Providing for the harmonious, orderly and efficient development of the municipality.
C. 
Providing for the coordination of existing streets and highways with proposed streets, parks, and other public facilities.
D. 
To provide for adequate open spaces for traffic, recreation, light and air.
E. 
Assuring equitable and just processing of subdivision plans by providing uniform procedures and standards for observance by the subdivider and municipal officials.
F. 
Providing for design standards and appropriate improvements and assuring prompt installation of said improvements.
A. 
After the effective date of this chapter, no subdivision or land development of any lot, tract or parcel of land shall be made and no sewer, water main, or other improvements 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 accordance with the provisions of this chapter.
B. 
In the case of a preliminary or final plan approved without conditions or approved by the applicant's acceptance of conditions prior to the date this chapter became enforceable, this chapter shall not be applied to adversely affect the right of the applicant to commence and complete any aspect of the approved subdivision or land development in accordance with the terms of the approval and the governing ordinances and plans at the time that the plan was approved within the time periods established within the Pennsylvania Municipalities Planning Code, as amended.[1] After the expiration of such time periods, the Borough shall enforce the provisions of this chapter with regard to the subdivision or land development.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
Any replatting or resubdivision of land, including a change of a recorded plan, shall comply with the provisions of this chapter.
A. 
In accordance with the rules and regulations of the Pennsylvania Department of Environmental Protection (DEP), municipalities shall revise their official plan for sewage disposal whenever a new subdivision is proposed, unless DEP determines that the proposal is for the use of individual on-lot sewage systems serving detached single-family dwelling units in a subdivision of 10 lots or less and certain criteria set forth in the rules and regulations of DEP are met.
B. 
An official plan revision of new land development shall be submitted to DEP in the form of a completed sewage facilities planning module provided by DEP and including all information required by DEP.
C. 
The subdivider or developer or developer's agent shall complete the DEP sewage facilities planning module and submit it to the municipality for action.
D. 
No plan revision for new land development will be considered complete unless it includes all information specified within DEP's rules and regulations.
E. 
The municipality shall not adopt a proposed revision to the official plan, conditionally or otherwise, until it determines that the proposal complies with applicable municipal zoning, land use or other municipal comprehensive plans. If changes to the proposed revision or the applicable plan, regulation or ordinance are necessary, the changes shall be completed prior to adoption of the revision by the municipality.
F. 
Upon adoption of the proposed revision to the official plan, or refusal to adopt such a proposed revision, the municipality shall forward the proposed revision or statement refusing to adopt to DEP. DEP may approve or disapprove a proposed plan revision for new land development.
G. 
The time limits for actions by municipal and county agencies and DEP are set forth in the rules and regulations of DEP.
H. 
Subdividers and developers are advised that no subdivision or land development plan will be finally approved and released for recording by the municipality until all necessary approvals of the official plan revision or requests for exceptions to the requirement to revise the official plan, have been secured from the municipality and DEP. This fact and time limits for action should be considered by subdividers and developers when submitting the DEP sewage facilities planning module to the municipality.