[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
An ordinance providing for the regulation and control of the subdivision of lots and the development of land; the approval of plans, plots, or replots of land laid out in building lots; standards for the design of streets, lots, easements, blocks and other improvements; certain minimum improvements and construction standards on all streets and required dedications; the administration of this chapter by the Fountain Hill Planning Commission and the Fountain Hill Borough Council; and enforcement remedies for the violation of this chapter pursuant to the authority set forth in the Pennsylvania Municipalities Planning Code, as reenacted December 21, 1988, P.L. 1329, No. 170, as amended (hereinafter referred to as the "MPC").[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
This chapter shall be known and may be cited as the "Fountain Hill Borough Subdivision and Land Development Ordinance" and shall serve as Chapter 22 of the Codified Ordinances of Fountain Hill. When referenced as part of the Codified Ordinances, "22-" should appear before each section number.
[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
1. 
The purpose of this chapter is to create conditions favorable to the health, safety, morals and general welfare of the citizens of Fountain Hill Borough by:
A. 
Ensuring sites suitable for building purposes and human habitation.
B. 
Providing for the harmonious development of the Borough.
C. 
Securing adequate sites for recreation, conservation, historic, scenic and other open space purposes.
D. 
Providing for proper distribution of population.
E. 
Facilitating the efficient movement of traffic.
F. 
Encouraging well-planned subdivisions by establishing adequate standards for design and improvement.
G. 
Improving land records by establishing standards for surveys and plans.
H. 
Safeguarding the interests of the public, the homeowner and the subdivider.
I. 
Ensuring the equitable handling of all subdivision and land development plans by providing uniform procedures and standards.
J. 
Providing for the submittal and processing of plats and specifications for such plats, including provisions for sketch plan reviews, preliminary and final plan approvals and the processing of final approval by stages or sections of development.
K. 
Providing regulations for ensuring that the layout or arrangement of the subdivision or land development conforms to the Comprehensive Plan and to regulations or maps adopted in furtherance thereof; streets in and bordering a subdivision or land development shall be coordinated, and be of such width and grades and in such locations as deemed necessary to accommodate traffic, and facilitate fire protection; adequate easements or rights-of-way shall be provided for drainage and utilities; reservations, if any, by the developer of any area designated for use as public grounds shall be of suitable size and location for their designated uses; and land which is subject to flooding, subsidence, or underground fires shall be made safe for the purpose for which such land is proposed to be used or such land shall be set aside for uses which shall not endanger life or property or further aggravate or increase the existing menace.
L. 
Providing regulations governing the standards by which streets shall be graded and improved, and the manner in which walkways, curbs, gutters, streetlights, fire hydrants, water distribution, storm and sanitary sewerage system facilities and other improvements shall be installed as a condition precedent to final approval of plats.
M. 
Providing regulations which take into account land development not intended for the immediate erection of buildings where streets, curbs, gutters, streetlights, fire hydrants, water distribution, storm and sanitary sewerage system facilities and other improvements may not be possible to install as a condition precedent to final approval of plats, but where final approval may be given after the developer provides the Borough with acceptable financial performance security in an amount sufficient to cover the costs of all required improvements for the phase of the proposed development which is under consideration for final approval.
[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
1. 
No subdivision or land development of any lot, tract or parcel of land shall be made, and no street, sanitary sewer, storm sewer or water main, gas, oil, or electric transmission line, 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 this chapter.
2. 
No lot in a proposed subdivision or land development may be sold, transferred or otherwise conveyed, and no final permit to erect any building upon land in a subdivision or land development may be issued unless and until:
A. 
A final plan has been approved and recorded; and
B. 
Either:
(1) 
The Borough has been assured by means of a developer's improvement, maintenance, security and indemnification agreement, and acceptable financial security has been posted with the Borough that the improvements will subsequently be installed.
(2) 
The required improvements in connection therewith have been actually constructed and approved by the Borough.
3. 
The regulations of this chapter shall apply to any subdivision or land development.
4. 
No subdivision or land development shall be granted preliminary, preliminary/final or final approval unless and until the subdivision or land development complies with all applicable provisions of the Borough Zoning Ordinance,[1] or any required zoning approvals or zoning variances have been granted by the Borough Zoning Hearing Board. Any zoning variances or zoning approvals granted by the Borough Zoning Hearing Board shall be noted on the subdivision or land development plan.
[1]
Editor's Note: See Ch. 27, Zoning.
[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
1. 
From the time an application for approval of a plan, whether preliminary or final, has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in the Borough zoning, subdivision or other governing ordinance or plan shall be applied to adversely affect the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval.
2. 
If final plan approval is preceded by preliminary plan approval, the five-year period shall be counted from the date of the preliminary plan approval.
[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
1. 
Standards.
A. 
The provisions of this chapter shall be interpreted and applied as minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare.
B. 
Where provisions, standards, and specifications of this chapter conflict with those of any federal or state statute, other ordinance or regulation of the Borough, the greater restriction shall be controlling unless specified to the contrary.
2. 
Illustrations. The illustrations in this chapter are not a part of the chapter, but are included for purposes of explanation and clarification.
[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
1. 
Revised Plans Submitted Prior to Plan Approval or Rejection.
A. 
Until a submission is approved or rejected by the Borough Council, the applicant may withdraw the submission (or a part thereof) and submit a revised plan following the submission and review procedures which apply to that plan.
B. 
No submission fee shall be charged for any revised plan, provided that the revised plan submission substantially follows the scheme and layout of the original submission and/or is being submitted in order to comply with conditions and recommendations suggested or imposed by the Borough. The Borough may require that an escrow account be replenished if additional funds are needed for reviews.
C. 
Any revised plan (and any subsequent revised plan) which is substantially different from the original plan submission with respect to, among other things, lot layouts, street layouts, etc., and is not being submitted in order to comply with conditions and recommendations suggested or imposed by the Borough, shall be considered a new plan submission requiring the payment of a new submission fee and an additional deposit into the escrow account.
2. 
Revised Plans Submitted After Plan Approval. Any revised plan that is submitted after Borough approval of the original plan submission and is not substantially different from the original plan shall be labeled a revised plan. Any such revised plan, however, shall follow the review procedures for a new plan submission and shall require the payment of a new submission fee and payment into an escrow account.
3. 
Alternate Plan. If the applicant submits a plan for the subdivision or development of the same lands which are the subject of a pending submission and the applicant does not withdraw the pending submission, the newly submitted plan shall be considered an alternate plan for which a new submission fee shall be required and payment into an escrow account.
4. 
Resubdivision. Except as hereinafter provided, the revision of a recorded or final subdivision or land development plan approved by the Borough Council which involves only a change in any existing lot line and does not involve the creation of any new street or any extension of or improvements to an existing street or any municipal water, sewer or other facility, shall not be considered a new subdivision, but rather, shall be deemed a resubdivision. Any replatting of land on an approved and/or recorded final subdivision or land development plan resulting in the creation of new lots, the creation of any new streets or access easements, any extensions or improvements to an existing street, or any changes to or extensions of public facilities, shall be considered a new subdivision or land development plan which shall be subject to the requirements of this chapter.
5. 
Lot Consolidation Plan. When the intent of a plan is to consolidate two or more lots into one lot and when no new lot lines or easements or changes to existing easements are proposed and when no new streets or extensions or improvements to any existing streets or public improvements are proposed, then the applicant in lieu of a resubdivision plan may submit the proposed lot changes in a lot consolidation plan. A lot consolidation plan is a simplified plan reviewed and approved by the Borough Council.
[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
The Borough Planning Commission and the Borough Council staff shall keep a record of their findings, decisions and/or recommendations relative to all subdivision, land development, resubdivision and lot consolidation plans filed for review. Such records shall be made available to the public for review.
[Ord. No. 776, 7/2/2012; as amended by Ord. No. 832, 12/5/2016]
The applicant, subdivider or land developer shall be responsible for observing the procedures established in this chapter, and for submitting all plans and documents as may be required in order to comply with this chapter and applicable state law.