[Ord. 428, 12/11/1991, § 101]
This chapter shall be known and may be cited as the "Manor Borough
Subdivision and Land Development Ordinance."
[Ord. 428, 12/11/1991, § 102]
1. This chapter is adopted for the following purposes:
A. To accomplish the orderly, efficient and coordinated development
of the Borough.
B. To protect and promote the health, safety, morals and general welfare
of the residents of the Borough.
C. To secure equitable handling of all subdivision and land development
plans by providing uniform procedures and standards.
[Ord. 428, 12/11/1991, § 103]
No subdivision or land development of any lot, tract or parcel
of land shall be made, no street, sanitary sewer, storm 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.
[Ord. 428, 12/11/1991, § 104]
1. Where, because of peculiar conditions, a literal enforcement of this
chapter would exact undue hardship pertaining to the land in question,
the Borough Council may grant a modification thereto, provided such
modification is not contrary to the public interest; and, provided
further; that the purpose and intent of this chapter is observed.
2. For purposes of encouraging flexibility, economy and ingenuity in
subdivision and land developments and where a literal enforcement
of this chapter would result in undue hardship, or be contrary to
demonstrated modern and evolving principles of site planning and development,
the Borough Council may, after application to, and review and recommendation
by the Planning Commission, make such reasonable exceptions to the
effects of this chapter as will not be contrary to the public interest;
as will not be contrary to the purpose and intent of this chapter;
which will be in accord with sound planning practices; and which will
provide for equal or better results. In making such exceptions, the
Council may impose reasonable conditions and obligations upon the
applicant necessary to insure that the objectives of this chapter
are met.
3. A subdivision of any property into no more than two lots may be approved without meeting the requirements of §
22-305.
[Ord. 428, 12/11/1991, § 105]
Whenever there is a difference between minimum standards or
dimensions specified herein and those contained in other regulations,
resolutions or ordinances of the Borough, the most restrictive standards
shall apply.
[Ord. 428, 12/11/1991, § 106]
The grant of a permit or approval of a subdivision and/or land
development plan shall not constitute a representation, guarantee,
or warranty of any kind by the Borough or by any official, agent or
employee thereof as to the advisability or practicability of the proposed
use nor shall any such approval represent any guarantee or warranty
as to the accuracy of the information provided by a developer. Approval
of a plan shall create no liability upon the Borough, its officials,
agents or employees.
[Ord. 428, 12/11/1991, § 107]
1. All plats containing or having located thereon streets, roads, highways,
alleys, rights-of-way or other easements, either public or private,
shall contain either or both of the following notices:
A. All plats containing or having thereon any private street shall have
conspicuously placed upon said plat the following notice:
(1)
Notice to all lessees, purchasers, owners, their heirs, administrators,
successors and assigns. This is to notify all prospective lessees,
purchasers, owners, their heirs, administrators, successors and assigns
that the street shown on said plan is a private road, and the Borough
of Manor shall not be responsible for any construction, improvement,
maintenance or repair of said private road.
(2)
All plats containing or having thereon any street, road, highway,
alley, right-of-way or easement dedicated to the public or intended
for public use shall have conspicuously placed upon said plat the
following notice:
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"The approval of this plat by the Borough of Manor does not
constitute an acceptance of the dedication of any street, road, highway,
alley or its right-of-way, nor any sanitary or storm sewer system,
or its appurtenances, nor any water mains or appurtenances, nor the
easements for the same. Likewise, the approval of this plat by the
Borough of Manor shall not impose any duty upon the Borough for the
construction, improvement, maintenance or repair of any such streets,
roads, highways, alleys, sanitary or storm sewers, or water mains.
The requirement remains with the subdivider, developer and/or the
owner or lessee of the land to ensure that all such public improvements
shown on this plan are in fact, made in accordance with these plans,
the Manor Borough Subdivision and Land Development Ordinance, and
in accordance with other applicable Borough, state, or federal regulations.
In addition, approval of this subdivision plan by the Borough of Manor
shall not constitute a waiver of any right on the part of the Borough
of Manor and/or on the part of any other agency or authority to make,
charge and assess properties within this subdivision or land development
for municipal improvements and file any municipal claims and liens
for the same, or otherwise collect the cost of the same as provided
by law."
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[Ord. 428, 12/11/1991, § 108]
The provisions of this chapter, insofar as they are the same
as those of the Subdivision and Land Development Ordinance in effect
immediately prior to the enactment of this chapter, are intended as,
and shall be construed as, a continuation of such provisions. The
provisions of this chapter shall not affect any suit or prosecution
instituted, pending or concluded, to enforce any right, rule, regulation
or provision or to punish any offense under such prior provisions
of this chapter.
[Ord. 428, 12/11/1991, § 109]
Any person desiring to establish a mobile home park subdivision
should comply with the mobile home park subdivision regulations of
the County of Westmoreland.