[Ord. 1290, 9/10/2012, § 22-101]
An ordinance establishing rules, regulations, and standards
governing the subdivision of land within Bristol Borough, Bucks County,
Pennsylvania, setting forth the procedures to be followed by the Borough
Council and Planning Commission in administering these rules, regulations,
and standards, and setting forth the penalties for the violation thereof
pursuant to the authority set forth in the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10101 et seq.
[Ord. 1290, 9/10/2012, § 22-102]
This chapter may be cited as the "Bristol Borough Subdivision
and Land Development Regulations."
[Ord. 1290, 9/10/2012, § 22-103]
The purpose of this chapter is to regulate and control the division
and development of land within Bristol Borough, in order to promote
the public health, safety, morals, and general welfare of the community.
[Ord. 1290, 9/10/2012, § 22-104]
1.
It is the general intent of this chapter to regulate the division
and development of land as to:
A.
Regulate the flow of traffic in the streets and highways.
B.
Further the orderly and appropriate use of land.
C.
Secure safety from fire, panic, and other dangers.
D.
Facilitate adequate provision for transportation, water, environmental
protection, sewerage, schools, parks, playgrounds, and other public
facilities.
E.
Assure sites suitable for building purposes and human habitation,
and to provide for the harmonious development of Bristol Borough.
F.
Coordinate existing streets with proposed streets, parks, or other
features of the Borough.
G.
Insure adequate open space for traffic, recreation, light, and air.
H.
Provide proper distribution of population.
I.
To effectively implement the policies and proposals of the Comprehensive
Plan for Bristol Borough.
[Ord. 1290, 9/10/2012, § 22-105]
1.
The provisions of this chapter shall be held to be minimum requirements
to meet the above stated purposes. When the provisions of this chapter
impose greater restrictions than those of any state statute, other
ordinance, or regulations, the provisions of this chapter shall be
controlling unless specified to the contrary.
2.
Whenever the provisions of any other statute, or ordinance or regulation
impose greater restrictions than those in this chapter, the provisions
of such other statute, ordinance, or regulation shall prevail.
3.
This chapter does not repeal, abrogate, annul or any way impair or
interfere with existing provisions or other laws or ordinances except
those specifically or explicitly repealed by this chapter, or any
restrictions placed upon property by covenant, deed or other agreement
unless repugnant hereto.
4.
From and after the effective date of this chapter, any subdivision
or land development for which application is made shall be in conformity
with this chapter and all standards and specifications adopted as
part of this chapter.
[Ord. 1290, 9/10/2012, § 22-106]
1.
Subdivision and Land Development Control.
A.
It shall be unlawful for the owner of any land in the Borough, or
any other person, firm, or corporation, to subdivide any lot, tract
or parcel of land, or to layout, construct, open or dedicate for public
use or travel, any street, sanitary sewer, storm sewer, drainage facilities
or other facilities in connection therewith, or for the common use
of occupants of buildings within the subdivision or land development,
unless:
(1)
Final plans of such subdivision or land development shall have
been prepared in accordance with all licensing laws of the Commonwealth
of Pennsylvania.
(2)
Final plans of such subdivision or land development have been
submitted to and approved in writing thereon by the Borough Council.
(3)
Final plans of such subdivision or land development have been
reviewed and signed by the Bucks County Planning Commission.
(4)
Final plans of such subdivision or land development have been
recorded in the Bucks County Recorder of Deeds Office in Doylestown,
Pennsylvania.
(5)
The improvements required by the Borough in connection therewith
have either been constructed or the Borough has been assured of proper
completion by the deposit of funds or securities in escrow, sufficient
to cover the cost of the required improvements, as determined by the
methods set forth herein.
2.
Sale of Lots, Issuance of Building Permits: Erection of Buildings.
A.
No lot in a subdivision may be sold, and no permit to erect, alter,
or repair any building upon land in a subdivision or land development
may be issued unless and until the municipal improvements required
by the Borough Council in connection therewith have either been constructed
or guaranteed as hereinafter provided.
B.
No building in a subdivision or land development depending on ingress
and egress upon the improvement of any street or streets, herein provided
for, shall be permitted to be occupied before improvements are fully
completed from a now existing paved street to and across the front
of the lot on which the building is located, and/or to sufficient
depth along the side of the lot to service any driveway, driveways,
or parking spaces.
C.
No building depending upon public water and sewer facilities shall
be permitted to be occupied before such facilities are fully provided
and operational.
[Ord. 1290, 9/10/2012, § 22-107]
1.
In addition to other remedies, the Borough may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building, structure or premises.
The description by metes and bounds in the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
2.
The Borough may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property which has
been developed or which has resulted from a subdivision of real property
in violation of this chapter. This authority to deny such a permit
or approval shall apply to any of the following applicants:
A.
The owner of record at the time of such violation.
B.
The vendee or lessee of the owner of record at the time of such violation
without regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
C.
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
D.
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
3.
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the Borough may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.
[Ord. 1290, 9/10/2012, § 22-108]
1.
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefore
in a civil enforcement proceeding commenced by the Borough, pay a
judgment of not more than $500 plus all court costs, including reasonable
attorney fees incurred by the Borough as a result thereof. No judgment
shall commence or be imposed, levied or payable until the date of
the determination of a violation by the district justice. If the defendant
neither pays nor timely appeals the judgment, the Borough may enforce
the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation continues shall constitute a separate violation,
unless the district justice determining that there has been a violation
further determines that there was a good faith basis for the person,
partnership, or corporation violating this chapter to have believed
that there was no such violation, in which event there shall be deemed
to have been only one such violation until the fifth day following
the date of the determination of a violation by the district justice
and thereafter each day that a violation continues shall constitute
a separate violation.
2.
The court of common pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment.
3.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Borough the right
to commence any action for enforcement pursuant to this section.
4.
District justices shall have initial jurisdiction in proceedings
brought under this section.
[Ord. 1290, 9/10/2012, § 22-109]
This chapter has been enacted in conformance with the provisions
of the Pennsylvania Municipalities Planning Code, Act 247 of 1968
as reenacted and amended, 53 P.S. § 10101 et seq., and Act
167, the Storm Water Management Act of 1978, 32 P.S. § 680.1
et seq.
[Ord. 1290, 9/10/2012, § 22-110]
Bristol Borough Council may, from time to time, amend or repeal
this chapter in conformance with the requirements of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10101 et seq.
[Ord. 1290, 9/10/2012, § 22-111]
The captioned forms, checklists, specifications and standards
annexed hereto as Appendixes 22-A, 22-B, 22-C and 22-D may be amended
and updated, from time to time, by the Borough Council by roll call
resolution.
