This chapter establishes rules, regulations, and standards governing the subdivision and development of land within the Borough of Tullytown, Bucks County, Pennsylvania, pursuant to the authority set forth in the Pennsylvania Municipalities Planning Code,[1] setting forth the procedures to be followed by Borough Council and the Planning Commission in administering these rules, regulations and standards, and setting forth the penalties for the violation thereof.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
These regulations shall be known and may be cited as the "Tullytown Borough Subdivision and Land Development Ordinance of 2004."
These regulations are adopted for the following purposes:
A. 
To regulate and control the division and development of land within Tullytown Borough in order to promote the health, safety, and general welfare of the residents of the Borough.
B. 
To assist orderly, efficient, and integrated development of land.
C. 
To provide for the coordination of existing streets and public utilities with new facilities.
D. 
To ensure efficient and orderly provision of community services and facilities at minimum cost and maximum convenience.
E. 
To ensure conformance of land utilization with good planning criteria and with the Pennsylvania Municipalities Planning Code[1] and the Tullytown Borough Zoning Ordinance.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
F. 
To ensure equitable handling of all subdivision and land development plans by providing uniform procedures and standards for observance by subdividers, developers, the Planning Commission, and Borough Council.
G. 
To ensure the proper provision of open lands for recreation and the proper location of sites for community facilities.
H. 
To ensure that proper provision shall be made for stormwater management, water, sewerage and other needed improvements.
I. 
To provide for adequate open space, recreation, light, air and traffic management.
J. 
To encourage and promote flexibility, economy and ingenuity in the layout and design of subdivisions and land development, including authority for the Council to alter site requirements in order to encourage other practices that are in accordance with modern and evolving principles of site planning and development.
The provisions of this chapter shall be held to be minimum requirements to meet the above stated purposes. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of this chapter shall prevail. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than those of this chapter, the provisions of such statute, ordinance, or regulation shall prevail.
Section 501 of the Pennsylvania Municipalities Planning Code (Act 247),[1] as amended, provides that Tullytown Borough may regulate subdivision and land development within the Borough by enacting a subdivision and land development ordinance.
[1]
Editor's Note: See 53 P.S. § 10501.
This chapter requires that all plans for the subdivision or development of land lying within Tullytown Borough be submitted for approval to the Tullytown Borough Council. Further, all such plans shall be reviewed by the Tullytown Borough Planning Commission in accordance with procedures set forth in this chapter prior to submission to the Council.
It is hereby declared to be the legislative intent that:
A. 
If a court of competent jurisdiction declares any provisions of this chapter to be invalid or ineffective, in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective.
B. 
If a court of competent jurisdiction finds the application of any provision or provisions 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 any such provision to other persons, property, or situations shall not be affected.
The grant of a permit or approval of a plan for any proposed subdivision and/or land development to be located within any identified floodplain area or district shall not constitute a representation, guarantee, or warranty of any kind by Tullytown Borough or by any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the Borough or upon its officials or employees.