[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]
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.