[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.