Borough of New Oxford, PA Subdivision and Land Development

[Ord. 344, 4/1/1991, §§ 2-6; as amended by Ord. 370, 2/3/1997, § 1; by Ord. 379, 12/7/1998, §§ 1,2; and by Ord. 384, 6/7/1999]

The Adams County Subdivision and Land Development Ordinance hereby adopted is amended as follows:

Each place the words "Adams County" appear, the words "New Oxford Borough" shall be substituted.

Each place the words "County of Adams" appear, the words "New Oxford Borough" shall be substituted.

Each place the words "County Commissioners" appear, the words "New Oxford Borough Council" shall be substituted.

Each place the word "County" appears, the word "Borough" shall be substituted.

Each place the words "County Planning Agency" appear, the words "New Oxford Borough Council" shall be substituted.

Each place the words "County Planning Commission" appear, the words "New Oxford Borough Council" shall be substituted.

Each place the words "Adams County Planning Commission" appear, the words "New Oxford Borough Council" shall be substituted.

Each place the words "County Planning Office" appear, the words "New Oxford Borough Office" shall be substituted.

Each place the words "Unit Property Act, (Act 117, Com. of Penna. 1963)" appears, the words "Uniform Condominium Act" shall be substituted.

Section 105 of the Adams County Subdivision and Land Development Ordinance is amended to read as follows:

"Section 105. Effect of County Subdivision and Land Development Ordinance. Applications for subdivision and land development shall be forwarded to the County Planning Agency for review and report together with a fee to cover the costs of the review and report, which fee shall be paid by the applicant. Provided, that such application shall not be approved until the County report is received or until expiration of 30 days from the date the application was forwarded to the County."

Article II of the Adams County Subdivision and Land Development Ordinance is amended to add the following definitions thereto at the appropriate places:

	BOROUGH - the Borough of New Oxford, Adams County, Pennsylvania."
	BOROUGH COUNCIL - the Council of the Borough of New Oxford, Adams County, Pennsylvania."

Section 605 of the Adams County Subdivision and Land Development Ordinance shall be deleted in its entirety and is amended to read as follows:

	"Section 605. Fee Schedule.
	1.	Each applicant for subdivision or land development approval shall pay to the Borough of New Oxford a nonrefundable filing fee for preliminary plans and for final plans in amounts as established from time to time by resolution of Borough Council.
	2.	In addition to the filing fees set forth above, the applicant shall deposit with the Borough of New Oxford, at the time of filing either a preliminary or final plan, a sum for the reasonable and necessary charges by the Borough's professional consultants and engineers for review and report thereon to the Borough which shall be charged in amounts as established from time to time by resolution of Borough Council.
	3.	With regard to the review fees established by this Section, in the event that the sum deposited by the applicant exceeds the actual charges of the Borough's professional consultants and engineers for reviewing and reporting on the submitted subdivision or land development plan, the Borough shall refund any excess amount of that deposit to the applicant. In the event that the sum deposited by the applicant is not sufficient to cover the actual charges of the Borough's professional consultants and engineers for reviewing and reporting on the submitted subdivision or land development plan, the Borough shall invoice the applicant for its actual charges incurred in excess of the sum deposited.
	4.	No building permit shall be issued by the Borough to any applicant until all filing fees, review fees and costs established herein are paid in full, including all review fees in excess of the amount deposited by the applicant.

Subsection (1) of § 801 of the Adams County Subdivision and Land Development Ordinance is amended to read as follows:

"1.

The New Oxford Borough Council shall have the duty and authority for the administration and general enforcement of the provisions of this Ordinance, as specified or implied herein. The President of the Borough Council shall have the duties and authority for the controlling enforcement of the provisions of this Part, as specified or implied herein, or in other ordinances of the Borough."

Section 807 of the Adams County Subdivision and Land Development Ordinance is deleted.

Article II, Subsection (14)(e) of the Adams County Subdivision and Land Development Ordinance is amended to read as follows:

"e.

Attached, Row or Townhouse Unit. A residential structure containing three or more dwelling units which are separated from each other by two common walls, except for the end units. Such individual units shall be owned separately by a person or persons in fee simple. Nothing herein shall be construed to prevent an owner of an individual unit or multiple units from leasing the same to residential tenants."

Section 407-G of the Adams County Subdivision and Land Development Ordinance is amended to read as follows:

"Section 407-G. Lot Dimensions and Minimum Requirements for Residential, Commercial, and Industrial Development.
	Attached, Row or Townhouse Unit.
		8.	The maximum number of dwelling units for a subdivision shall be limited to six dwelling units per acre which number shall be prorated based on the acreage of the parcel to be subdivided.
		Condominiums.
			5.	The maximum number of dwelling units for a subdivision shall be limited to eight dwelling units per acre which number shall be prorated based on the acreage of the parcel to be subdivided."