[Ord. 2013-499, 7/10/2013]
This Chapter shall be known and may be cited as the "Borough
of Red Hill Subdivision and Land Development Ordinance."
[Ord. 2013-499, 7/10/2013]
This Chapter has been enacted in conformance with the provisions
of the Pennsylvania Municipalities Planning Code, Act No. 247 of 1968,
and the Pennsylvania Storm Water Management Act, P.L. 864 (Act 167),
as amended.
[Ord. 2013-499, 7/10/2013]
1. This Chapter contains regulations which include, but are not limited
to, the following:
A. Provisions for the filing, processing, review, and approval of all
subdivision and land development plans;
B. Design standards and guidelines for the overall layout, configuration,
and placement of lots, roads, open space, parks, public facilities
and other physical improvements on property within Red Hill Borough
to promote orderly development compatible with the Upper Perkiomen
Valley Comprehensive Plan; and
C. Engineering and technical standards, including appropriate financial
guarantees, governing the manner by which various improvements, including
streets, bridges, common facilities, water supply and sewage facilities
infrastructure, stormwater management facilities, walkways, lighting,
and other public improvements, are properly constructed.
[Ord. 2013-499, 7/10/2013]
1. The following are the purposes of this Chapter:
A. To accomplish the coordinated development of Red Hill Borough, thereby
ensuring the overall health, safety, and general welfare of the residents
of Red Hill Borough;
B. To enable the development of Red Hill Borough in an orderly, efficient,
integrated, and harmonious manner;
C. To guide the future growth and development of Red Hill Borough in
conformance to the Upper Perkiomen Valley Comprehensive Plan and to
other relevant regulations, maps, studies, and reports adopted in
furtherance thereof;
D. To ensure that streets in and bordering a subdivision or land development
shall be coordinated, and be of such design, and in such locations
as deemed necessary to accommodate prospective traffic and parking,
and to facilitate fire-protection and other emergency services;
E. To require adequate, appropriately located easements or rights-of-way
for existing and future utilities and storm drainage facilities;
F. To ensure that any lands offered for dedication or otherwise reserved
for use as public or common grounds shall be of suitable size, configuration,
and topographical character for their designated uses;
G. To ensure conformance of subdivision and land development proposals
with the availability of municipal services and public facilities
and the coordination of intermunicipal programs;
H. To preserve lands subject to inundation or flooding from subdivision
or land development which would endanger life or property or further
aggravate or increase the existing flooding or inundation conditions;
I. To encourage and promote flexibility, economy, and ingenuity in the
layout and design of subdivisions and land developments, including
provisions authorizing Red Hill Borough to modify the requirements
of this Chapter in accordance with concepts and practices consistent
with the modern and evolving, generally accepted principles of site
planning, engineering, and land development;
J. To provide equitable and expeditious handling of all subdivision
and land development proposals by providing uniform procedures and
standards;
K. To encourage subdivision and land development in accordance with
principles and practices which conserve energy, both during and after
construction, and which encourage the use of alternative energy sources
by the layout of the lots and the siting of buildings;
L. To ensure conformance of subdivision and land development plans with
the public improvements of Red Hill Borough and coordination of intermunicipal,
Montgomery County, and Pennsylvania improvement plans and programs;
M. To provide adequate open space lands and recreation facilities;
N. To preserve and protect natural resources and to prevent pollution
of air and water so as to maintain the quality of life within Red
Hill Borough and adjacent lands;
O. To maintain the character and the social and economic stability of
Red Hill Borough and to encourage the orderly and beneficial development
of the community; and
P. To provide for the buffering of certain types of land uses to minimize
their impact upon their surroundings.
[Ord. 2013-499, 7/10/2013]
The provisions of this Chapter shall be the minimum requirements
to meet the above-stated purposes. Where the provisions of this Chapter
impose greater restrictions than those of any other applicable statute,
ordinance, or regulation, the provisions of this Chapter and its standards
and specifications shall prevail unless specifically preempted by
a State or Federal statute. Where the provisions of any other statute,
ordinance, or regulations impose greater restrictions than those of
this Chapter, the provisions of such other statute, ordinance, or
regulations shall take precedence.
[Ord. 2013-499, 7/10/2013]
1. Red Hill Borough Council shall, with the recommendation of the Red Hill Planning Commission, review and act upon as appropriate all subdivision and land development plans as defined below and in §
22-201 of this Chapter which are located entirely in or in part of Red Hill Borough.
A. Subdivision and Land Development. No subdivision or land development of any lot, tract, or parcel of land, as defined in Part
2, shall be made, and no street, alley, sanitary sewer, storm drain, water main, gas, oil or electric line, or other improvements in connection therewith, shall be laid out, constructed, or dedicated for public use, or travel, or for the common use of occupants of a building abutting thereon, except in strict accordance with this Chapter.
B. Sale of Lots, Issuance of Building Permits, or Erection of Buildings
or On-Site Improvements. No lot in a subdivision or land development
may be sold, and no permit to erect, alter, or repair any building
or other improvements upon land in a subdivision or land development
will be issued, unless and until a subdivision and/or land development
plan has been approved, and, where required, recorded, and until the
required improvements in connection therewith have either been constructed
or guaranteed for construction in the form of a bond, escrow, or other
means approved by Red Hill Borough under the advice of the Red Hill
Borough Engineer and Solicitor, in accordance with the laws of the
Commonwealth of Pennsylvania.
C. Condominiums. No provision of this Chapter shall be construed to
prohibit condominium ownership as permitted by the applicable enabling
legislation of the Commonwealth of Pennsylvania.
[Ord. 2013-499, 7/10/2013]
Red Hill Borough Council may grant a modification of the requirements of this Chapter through a waiver where, owing to unusual and specific conditions, the applicant demonstrates to the satisfaction of Red Hill Borough Council that literal compliance with mandatory requirements of this Chapter would be unreasonable or cause undue hardship, or where an alternative standard can be demonstrated to provide equal or better results, subject to such conditions and safeguards as Red Hill Borough Council may impose, provided that such waiver will not be contrary to the public interest and that the purpose and intent of this Chapter is observed. All requests for modifications shall be submitted in accordance with §
22-703 of this Chapter.