This chapter of the Avondale Borough Code, including all articles and amendments thereto, shall be known and may be cited as "The Subdivision and Land Development Ordinance of the Borough of Avondale of 1996," hereinafter within this chapter of the Borough Code referred to as "this chapter."
A. 
The purpose of this chapter shall be to provide uniform standards to guide the subdivision and resubdivision of land of the Borough of Avondale in order to promote the public health, safety, convenience and general welfare of the Borough. It shall be administered to insure orderly growth and development; the conservation, protection and proper use of land; the proper distribution of population; and to provide adequate provisions for traffic circulation, recreation, light and air, utilities and services.
B. 
It is not intended by this chapter to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by this chapter, or with private restrictions placed upon property by deed, covenant or other private agreement.
C. 
Grant of power by the Pennsylvania Municipalities Planning Code, Act 247.[1] As granted by the Pennsylvania Municipalities Planning Code, Act 247, the Borough Council of Avondale Borough may regulate subdivision and land development within the municipality by enacting a subdivision and land development ordinance. The ordinance shall require that all subdivision and land development plats of land situated within the Borough shall be submitted for approval to the governing body or in lieu thereof to a planning agency designated in this chapter for this purpose. All powers granted herein to the governing body or the planning agency shall be exercised in accordance with the provisions of the subdivision and land development ordinance. In the case of any development governed by planned residential development provisions adopted pursuant to Article VII of the MPC,[2] however, the applicable provisions of this chapter shall be as modified by such provisions and the procedures which shall be followed in the approval of any plat, and the rights and duties of the parties thereto, shall be governed by Article VII of the MPC and the provisions adopted thereunder. Provisions regulating mobile home parks shall be set forth in separate and distinct articles of any subdivision and land development ordinance adopted pursuant to Article V of the MPC,[3] or any planned residential development provisions adopted pursuant to Article VII of the MPC.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 53 P.S. § 10701 et seq.
[3]
Editor's Note: See 53 P.S. § 10501 et seq.
This chapter shall remain consistent with the community development objectives established in the Comprehensive Plan (1994) and Chapter 430, Zoning. The following community development objectives represent the broad intent of this chapter:
A. 
Provide for development within the Borough that is compatible with the existing character of the community;
B. 
Provide opportunities for suitable and compatible commercial, business and industrial activities within the scale of existing land use patterns, support services, transportation networks, and environmental concerns of the Borough;
C. 
Provide opportunity for a variety of attractive residential housing types within the natural and service constraints of the Borough;
D. 
Protect the natural resources of the Borough.
A. 
Compliance with regulations required. After the effective date of this chapter, no subdivision or land development or any lot, sewer, water main, or other improvement 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.
B. 
Exceptions to regulations. The provisions of this chapter shall not apply to a subdivision recorded prior to the effective date of this chapter, except in accordance with the provisions of the MPC, Section 508(4).[1] The provisions of this chapter shall apply to and control all other land subdivisions within the Borough of Avondale, except as provided for in § 375-4D.
[1]
Editor's Note: See 53 P.S. § 10508(4).
C. 
Resubdivision or replatting. Any replatting or resubdivision of land, including a change of a recorded plan, shall be considered a new subdivision and shall comply with the provisions of this chapter.
D. 
Effect of prior subdivision regulations.
(1) 
If an applicant for approval of a plan, whether preliminary or final, is pending approval or disapproval at the time of the effective date of this chapter, no provision of this chapter shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the governing ordinances as they stood at the time the application was filed.
(2) 
When an applicant has had an application for approval of a preliminary or final plan approved prior to the effective date of this chapter, no provision in this chapter shall be applied to affect adversely the right of the applicant to commence and complete any aspect of the approved preliminary or final plan in accordance with the terms of such approval within five years from the date of such approval. When approval of a final plan has been preceded by approval of a preliminary plan, the five-year period shall be counted from the date of preliminary approval. If there is any doubt as to the terms of approval, the terms shall be construed in light of the provisions of the governing ordinances or plans as they stood at the time when approval was given.
In interpreting and applying the provisions of this chapter, all requirements shall be held to be minimum requirements for promoting the objectives of this chapter. Where the provisions of this chapter differ from those of any other statute, ordinance, or regulation, the more restrictive regulations shall be controlling.
In accordance with the provisions of the Pennsylvania Municipalities Planning Code, Act 247, as amended, the Borough Council may amend this chapter from time to time through the appropriate action in conformance with the law.
Appeals from the actions or decisions of the Borough Council regarding any application for subdivision or land development approval shall be governed by the provisions of the Pennsylvania Municipalities Planning Code, Act 247, as amended, or any successor legislation thereto.
The ordinance known and cited as "The Subdivision and Land Development Ordinance of the Borough of Avondale of 1976" is hereby repealed upon the adoption of this chapter.