[Ord. 197, 12/1/2008]
This Chapter shall be known and may be cited as the "Honey Brook Borough Subdivision and Land Development Ordinance of 2008." This Chapter shall take effect five days after enactment.
[Ord. 197, 12/1/2008]
This Chapter is prepared under the authority of the Municipalities Planning Code, Act 247 of 1968, 53 P.S. § 10101 et seq., as amended, to regulate subdivision and land development, to assist in implementing the purposes of the Honey Brook Joint Comprehensive Plan (1993), and to create conditions favorable to promote, protect, and facilitate the health, safety and general welfare of the citizens of Honey Brook Borough. Specifically, the purposes of this Chapter are:
A. 
To secure equitable handling of all subdivision and land development plans by providing uniform procedures and standards within the Borough.
B. 
To insure conformance of subdivision and land development plans with the Honey Brook Joint Comprehensive Plan and ensure coordination of subdivision and land development plans with Borough, other municipal, County and Commonwealth plans.
C. 
To assure sites that are suitable for building purposes and human habitation.
D. 
To assist orderly, efficient, integrated and harmonious development of the Borough.
E. 
To coordinate proposed streets with existing streets of the Borough, and to assure compatibility.
F. 
To provide adequate traffic circulation, recreation, light and air and for the proper distribution of population.
G. 
To establish a uniform set of standards for public improvements to assure adequate and coordinated stormwater management, water supply, wastewater management and other appropriate utility services.
H. 
To fulfill the purposes of Article I, § 27 (the Environmental Amendment) of the Pennsylvania Constitution, including protecting people's right to clean air, pure water and protection of resources.
I. 
To ensure that the development of land will be conducted with due regard to existing sensitive natural features, so that the highest quality environment is obtained.
[Ord. 197, 12/1/2008]
From and after the effective date hereof, the Honey Brook Borough Council shall have the authority to regulate subdivision and land development within Honey Brook Borough. In order to aid the Council in its consideration of subdivision and land development applications, the Council hereby decrees that the Planning Commission of Honey Brook Borough shall serve the following functions:
A. 
All plans, whether major or minor, upon submission to the duly-authorized representative of the Borough, shall be referred to the Borough Planning Commission for review.
B. 
The Planning Commission shall make recommendations to the Council concerning approval, disapproval, modification and/or conditions for approval of such plans and the reasons for such determinations.
C. 
The Planning Commission shall make recommendations to the Council concerning the interpretation and the granting of requested modifications to provisions and standards of this Chapter.
[Ord. 197, 12/1/2008]
1. 
No subdivision or land development of any lot, tract, or parcel of land shall be made and no street, sanitary sewer, storm sewer, water main, or other concomitant improvements shall be laid out, constructed, opened or dedicated for public use or travel, or for the common use of occupants of buildings abutting or to abut on them, except in strict accordance with the provisions of this Chapter and other applicable Borough ordinances.
2. 
In a subdivision or land development, no lot may be sold or conveyed, no permit to construct, alter or repair any building may be issued, no buildings may be erected until a subdivision or land development has been approved and recorded in accordance with this Chapter, and, where required, improvements have been completed or their completion has been assured by a performance guarantee consistent with the terms of Article V of the Municipalities Planning Code and with § 22-602 of this Chapter and post, where required, maintenance guarantees in accordance with § 22-608 of this Chapter.
3. 
The scope of this Chapter shall include all matters over which, by law, the Borough is authorized to exercise control by enactment and enforcement of this Chapter, including, but not limited to:
A. 
All improvements within any tract undergoing subdivision or land development.
B. 
The improvement of public facilities, adjacent to any tract undergoing subdivision or land development, including streets and drainage facilities which border upon any such tract.
C. 
The installation or enhancement of off-site improvements needed to adequately serve the subdivision or land development, provided that the extent of required off-site improvements shall be economically feasible in relation to the size and scope of the proposed subdivision or land development.
[Ord. 197, 12/1/2008]
The provisions of this Chapter shall be held to be minimum requirements to meet the above stated purposes. It is not intended by this Chapter to repeal, abrogate, annul or interfere with any existing ordinance, or any statute, rule, regulation or permit adopted or issued, provided the same is not in conflict with any of the provisions of this Chapter. In the event of such conflict it shall be resolved as follows: (A) where the provisions of this Chapter impose greater restrictions than those of any statute, other ordinance, or regulation, as determined by the Borough Engineer and/or the Borough Solicitor, the provisions of this Chapter shall prevail; (B) where the provisions of any statute, other ordinance, or regulation impose greater restrictions than those of this Chapter, as determined by the Borough Engineer and/or the Borough Solicitor, the provision of such statute, ordinance, or regulation shall prevail.
[Ord. 197, 12/1/2008]
The granting of a permit, or the approval of a plan of subdivision or land development, shall not constitute a representation, guarantee or warranty of any kind by the Borough or by any official, employee, agent or advisor of the Borough as to the practicability, adequacy, functioning, or safety of any use, improvement, facility or system installed or maintained pursuant to the aforementioned permit or approval, and such permit or approval shall not create any liability upon the Borough, or upon any officials, employees, agents or advisors thereof.