[Ord. 1223-99, 4/10/1999, § 101]
A Chapter providing for the regulation and control of the subdivision of lots and the development of land; the approval of plans, plots or replots of land laid out in building lots; standards for the design of streets, lots, easements, blocks and other improvements; certain minimum improvements and construction standards on all streets and required dedications; the administration of this Chapter by the Gettysburg Borough Planning Commission and penalties for the violation of this Chapter.
[Ord. 1223-99, 4/10/1999, § 102]
This Chapter shall be known and may be cited as the "Gettysburg Borough Subdivision and Land Development Ordinance of 1999."
[Ord. 1223-99, 4/10/1999, § 103]
The purpose of these regulations is to create conditions favorable to the health, safety, morals and general welfare of the citizens by:
A. 
Assisting in the orderly and efficient integration of subdivisions.
B. 
Ensuring conformance of subdivision plans with the public improvements plans of the Borough.
C. 
Ensuring sites suitable for building purposes and human habitation.
D. 
Facilitating the efficient movement of traffic and avoiding traffic hazards and congestion.
E. 
Securing equitable handling of all subdivision plans by providing uniform procedures and standards.
F. 
Improving land records by establishing standards for surveys and plans.
G. 
Safeguarding the interests of the public, the homeowner, the subdivider and all municipalities.
H. 
Preserving natural and historic features.
I. 
Carrying out the goals and objectives of the comprehensive plan.
[Ord. 1223-99, 4/10/1999, § 104]
1. 
No subdivision or land development of any lot, tract or parcel of land shall be made and no street, sanitary sewer main, water main or other improvements required in connection with a proposed subdivision or land development shall be laid out, constructed, opened or dedicated for use of the public or the occupants of the proposed subdivision or land development, except in accordance with this Chapter.
2. 
A lot or parcel that was not a legal lot of record prior to adoption of this Chapter shall not be created, sold or transferred, and no land development may occur on a lot unless and until (i) the subdivision of the lot and/or the approval of the land development, as applicable, has been granted final plan approval and been recorded; and (ii) either of the following occurs:
A. 
The Borough has been assured by means of a development agreement and guarantees acceptable to Borough Council that the improvements will subsequently be installed.
B. 
The required improvements in connection therewith have been entirely completed.
3. 
Landowner. No subdivision or land development shall be submitted to the Borough for review, except by the landowner of such land or his/her specifically authorized agent (see definition of "landowner" in Part 2).
[Ord. 1223-99, 4/10/1999, § 105]
1. 
Agriculture. The subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or residential dwelling shall be exempted from the regulations of this Chapter.
2. 
Revisions to Borough Regulations After Approval of a Development.
A. 
From the time an application for approval of a plat, whether preliminary or final, has been approved or approved subject to conditions, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied to adversely affect 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.
B. 
If final plan approval is preceded by preliminary plan approval, the five-year period shall be counted from the date of the preliminary plan approval.
[Ord. 1223-99, 4/10/1999, § 106]
1. 
Standards.
A. 
The provisions of this Chapter shall be interpreted and applied as minimum requirements for the promotion of the public health, safety, convenience and general welfare.
B. 
Where provisions, standards and specifications of this Chapter conflict with those of any State statute, other ordinance or regulations, the more restrictive requirement shall apply, regardless of its source, unless specified to the contrary.
2. 
Illustrations. The illustrations in this Chapter are for general illustrative purposes, are not part of the regulations of this Chapter.
[Ord. 1223-99, 4/10/1999, § 107]
1. 
An applicant seeking a modification or exception to this Chapter shall submit to the Borough staff a request in writing that states (i) the specific Chapter section(s) involved and (ii) the reasons for the request. The staff shall provide the request to the Planning Commission. After the Planning Commission has had an opportunity for review at a meeting, the Planning Commission may, by written resolution, grant a waiver or modifications to the specific requirements of this Chapter.
2. 
The applicant must prove that the request will meet one or more of the following conditions:
A. 
Avoid an undue hardship that was not self-created and that results from the peculiar and uncommon conditions of the property.
B. 
Avoid a clearly unreasonable requirement that would not serve any valid public purpose.
C. 
Allow an alternative standard that is clearly proven by the applicant to provide equal or better results.
D. 
Allow a layout or improvements that would clearly be more in the public interest than what would occur if the modification were not granted.
E. 
Remove a requirement that is not applicable, especially because of the small size of the proposed subdivision or land development.
[Ord. 1223-99, 4/10/1999, § 108; as amended by Ord. 1325-06, 11/13/2006, § 1]
1. 
The Borough Council has established, by resolution, a schedule of fees and a collection procedure for all applications and other matters pertaining to this Chapter.
2. 
The applicant must also pay any review fees required by the County Planning Office and the County Conservation District and any other applicable agencies. The applicant shall also reimburse the Borough of Gettysburg for the reasonable and necessary charges billed by the Borough's professional consultants, as defined in Section 107(a) of the Pennsylvania Municipalities Planning Code, and as amended from time to time, for the review and the report to the Borough on any sketch plans, preliminary plans, or final plans submitted to the Borough by the applicant or for any other informal reviews requested by the applicant. Such review fees shall be based upon a schedule established by ordinance or resolution of the Borough Council. Such review fees shall be reasonable and in accordance with the ordinary and customary charges for similar service in the community, but in no event shall the fees exceed the rates or costs charged by the Borough's professional consultants for comparable services to the Borough for services which are not reimbursed or otherwise imposed on applicants. Fees charged to the Borough relating to any appeal of a decision on an application shall not be considered review fees and may not be charged to an applicant.
3. 
Plans shall not be considered filed until all fees are paid and the applications are properly signed as required.
4. 
The applicant shall pay all review fees and expenses to the Borough prior to the release of the final plans to the applicant by the Borough for recording.
5. 
If the applicant disputes the fees, the applicant can appeal in accordance with §§ 503 and 510 of the Pennsylvania Municipalities Planning Code, as amended.
[Ord. 1223-99, 4/10/1999, § 109]
1. 
Alternate Plans. Only one plan concerning any one area of land shall be actively before the Borough for review at any one moment in time, unless the Planning Commission specifically permits simultaneous review of alternative plans.
2. 
Revisions and Resubdivisions.
A. 
Revised Plans.
(1) 
Until a submission is approved or rejected by the Commission, the applicant may withdraw the submission and submit a revised plan following the submission and review procedures which apply to that plan. For any submittal of a revision of a previously submitted plan, the Commission may require the applicant to submit additional fees if needed based upon the Borough's expenditures on the review up to that time.
(a) 
If any revision is submitted to an active subdivision or land development plan, then such revision shall be considered a new submittal, and the ninety-day maximum time period for Commission approval shall re-start after the first regular Planning Commission meeting after such submittal of the revised plan.
(2) 
Alternate Plan. If, before a submission is approved or rejected by the Commission, the applicant submits a new plan for the subdivision or development of including any of the same lands as an earlier active subdivision or land development submission and does not withdraw the earlier submission, the new plan shall be considered an alternate plan, for which a new submission fee shall be required.
B. 
A revision or resubdivision of a recorded plan or a final plan approved by the Commission shall be considered as a new subdivision and shall comply with all of the regulations of this Chapter.
C. 
If the Borough staff determines that a revision is only for a "lot line adjustment" (which may include an annexation) or to correct erroneous data or minor omissions or revise engineering details or supporting documentation, the plan may be submitted under the simplified requirements and procedures of § 704.
[Ord. 1223-99, 4/10/1999, § 110]
The Borough shall maintain records of the findings and decisions of the Planning Commission regarding all subdivision and land development plans. Such records shall be available to the public for review.
[Ord. 1223-99, 4/10/1999, § 111]
1. 
The regulations set forth in this Chapter may, from time to time, be amended by Borough Council, following the procedures of the Pennsylvania Municipalities Planning Code, as amended, including a Borough Council public hearing (with public notice required by the Municipalities Planning Code).
2. 
Commission Review. The Borough staff shall submit each proposed amendment (other than an amendment prepared by or under the direction of the Planning Commission) to the Planning Commission for recommendations at least 30 days prior to the date set for the Borough Council public hearing.
3. 
County Planning Commission Review. Borough Council shall submit any proposed amendment to the County Planning Commission at least 30 days before the public hearing on such amendments.
4. 
If, after any public hearing held upon an amendment, the proposed amendment is revised, or further revised, to include land not affected previously by it, another public hearing shall be held, pursuant to public notice.
5. 
Public Notice. The Borough Council shall publish the proposed amendment once in a newspaper of general circulation in the Borough not more than 60 days nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary. If the full text is not included:
A. 
A copy thereof shall be supplied to a newspaper of general circulation in the Borough at the time the public notice is published.
B. 
An attested copy of the proposed amendment shall be filed in the County Law Library.
6. 
Changes. In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the Borough Council shall, at least 10 days prior to enactment, re-advertise, in one newspaper of general circulation in the Borough, a brief summary setting forth all the provisions in reasonable detail, together with a summary of the amendments.
7. 
Ordinance Books. Subdivision and land development amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.
[Ord. 1223-99, 4/10/1999, § 112]
Decisions of the Commission may be appealed in accordance with the Pennsylvania Municipalities Planning Code, as amended.
[Ord. 1223-99, 4/10/1999, § 113]
1. 
Inspectors. Borough Council shall authorize one or more persons, which may include the Code Enforcement Officer and the Borough Engineer and his/her representatives, to enforce the provisions of this Chapter and the accompanying design standards and improvement specifications.
2. 
Inspection. Any action under this Chapter is subject to onsite inspection by the Borough or its authorized representatives to ensure compliance with this Chapter, other Borough ordinances and the approved plans.
3. 
Remedies Any action inconsistent with the provisions of this Chapter shall be subject to a cease and desist order and other appropriate measures by the Borough Council or their authorized representatives.
[Ord. 1223-99, 4/10/1999, § 114]
1. 
Any person, partnership or corporation who or which has violated any provisions of this Chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough Council or their authorized representatives, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys fees incurred by the Borough as a result thereof, unless a higher penalty is established under State law. This shall include, but not be limited to, any person, partnership or corporation that accomplishes any act listed under § 104, "Applicability," without following the applicable procedures of this Chapter.
2. 
The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
3. 
If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.
4. 
See also the "Remedies" provisions of § 22-113C of this Chapter. All fines collected for such violations shall be paid over to the Borough.
[Ord. 1223-99, 4/10/1999, § 115]
Neither the approval nor the granting of any building permit, floodplain permit, site plan review, subdivision approval, land development approval, zoning permit, erosion review, stormwater runoff review, wetland delineation or wetland review, steep slope review or any other review or permit of this Chapter, involving any land governed by the provisions of this Chapter, by an officer, employee, consultant or agency of the Borough, shall constitute a representation, guarantee or warranty of any kind by the Borough or its employees, consultants, officials or agencies of the practicality or safety of any structure, use or subdivision and shall create no liability upon, nor a cause of action against any Borough body, consultant, official or employee for any damage that may result pursuant thereto.
[Ord. 1223-99, 4/10/1999, § 116]
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 of this Chapter shall continue to be separately and fully effective.
B. 
Borough Council hereby declares that it would have passed this Chapter and each Section or part thereof irrespective of the fact that any one or more Sections or parts thereof be declared invalid.
[Ord. 1223-99, 4/10/1999, § 118]
The provisions of this Chapter that only repeat, summarize or reference provisions of the Pennsylvania Municipalities Planning Code shall be deemed to be automatically superseded and replaced by any applicable amendments to the Pennsylvania Municipalities Planning Code at the date such amendments become effective as State law.