[Ord. 614, 12/29/1992, § 101]
An ordinance establishing rules, regulations and standards governing the subdivision of land and/or land development within the Borough of Hamburg, Berks County, Pennsylvania, pursuant to the authority set forth in Article V of the Pennsylvania Municipalities Planning Code as amended and setting forth procedures to be followed by the Borough Planning Commission and the Borough Council in applying, administering and amending these rules, regulations and standards and prescribing penalties for the violation thereof.
[Ord. 614, 12/29/1992, § 102]
This Chapter shall be known and may be cited as the "Borough of Hamburg Subdivision and Land Development Ordinance."
[Ord. 614, 12/29/1992, § 103]
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 Borough.
C. 
Providing for the coordination of existing streets and highways with proposed streets, parks and other public facilities.
D. 
Providing for adequate open spaces for traffic, recreation, light and air, by encouraging, among other things, cluster development.
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.
[Ord. 614, 12/29/1992, § 104]
1. 
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.
2. 
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. After the expiration of such time periods, the Borough shall enforce the provisions of this chapter with regard to the subdivision or land development.
3. 
Any replatting or resubdivision of land, including a change of a recorded plan, shall comply with the provisions of this chapter.
[Ord. 614, 12/29/1992, § 105; as amended by Ord. 680, 12/28/1998]
1. 
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 a subdivision of 10 lots or less and certain criteria set forth in the rules and regulations of DEP are met.
2. 
An official plan revision for 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.
3. 
The subdivider or developer or his agent shall complete the DEP sewage facilities planning module and submit it to the Borough for action.
4. 
No plan revision for new land development will be considered complete unless it includes all information specified within DEP's rules and regulations.
5. 
The Borough shall not adopt a proposed revision to the official plan, conditionally or otherwise, until it determines that the proposal complies with applicable Borough 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 Borough.
6. 
Upon adoption of a proposed revision to the official plan or refusal to adopt such a proposed revision, the Borough 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.
7. 
The time limits for actions by Borough and County agencies and DEP are set forth in the rules and regulations of DEP.
8. 
Subdividers and developers are advised that to subdivision or land development plan will be finally approved and released for recording by the Borough until all necessary approvals of the official plan revisions or requests for exceptions to the requirement to revise the official plan have been secured from the Borough 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 Borough.