This chapter shall be known as the "Borough of Brentwood Subdivision
and Land Development Ordinance."
These regulations are adopted for the following purposes:
A.
To protect and provide for the public health, safety
and general welfare of the Borough of Brentwood.
B.
To guide the future growth and development of Brentwood
Borough in accordance with the Comprehensive Plan of the Borough of Brentwood.
C.
To provide for adequate light, air and privacy; to secure
safety from fire, flood and other danger; and to prevent overcrowding of the
land and undue congestion of population.
D.
To protect the character and social and economic stability
of the Borough of Brentwood and to encourage the orderly and beneficial development
of the Borough of Brentwood.
E.
To protect and conserve the value of land throughout
the Borough of Brentwood and the value of buildings and improvements upon
the land and to minimize the conflicts among the uses of land and buildings.
F.
To guide public and private policy and action in order
to provide adequate and efficient transportation, water supply, sewerage,
schools, parks, playgrounds, recreation and other public requirements and
facilities.
G.
To provide the most beneficial relationship between the
uses of land and buildings and the circulation of traffic within the Borough
of Brentwood having particular regard to the avoidance of congestion in the
streets and highways and the pedestrian traffic movements appropriate to the
various uses of land and buildings and to provide for the proper location
and width of streets and building lines.
H.
To establish reasonable standards of design and procedures
for subdivision and resubdivisions in order to further the orderly layout
and use of land and to ensure proper legal descriptions and monumenting of
subdivided land.
I.
To ensure that public facilities are available and will
have a sufficient capacity to serve the proposed subdivision.
J.
To prevent the pollution of air, streams and ponds; to
assure the adequacy of drainage facilities; to safeguard the water table;
and to encourage the wise use and management of natural resources in order
to preserve the community and value of the land.
K.
To preserve the natural beauty and topography of the
Borough of Brentwood and to ensure appropriate development with regard to
these natural features.
L.
To provide for open spaces through efficient design and
layout of the land.
M.
And finally, to ensure that documents prepared as part
of a land ownership transfer fully and accurately describe the parcel of land
being subdivided and the new parcels thus created.
A.
Authority of the Borough Council. The Borough Council
of Brentwood Borough is vested by law with the control of the subdivision
of land and land development within the Borough of Brentwood, by Act 247 of
1968, the Pennsylvania Municipalities Planning Code, as amended.[1] The Borough Council shall retain the authority to approve all
subdivision plans and land development plans as required herein.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
Authority of the Borough Planning Commission. The Borough
Planning Commission is hereby designated by the Borough Council as an agency
which shall review and make recommendations on preliminary and final subdivision
and land development plans as required herein, prior to action by the Borough
Council and, when provided by ordinance, make other recommendations.
No subdivision, as herein defined, of any lot, tract or parcel of land shall be effected and no street, alley, sanitary sewer, storm sewer, water main or other facilities 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 or to abut thereon, except in strict accordance with the provisions of this Article. No lot in any subdivision may be sold, and no permit to erect, alter or repair any building upon land in a subdivision may be issued; and no building may be erected in a subdivision, unless and until a subdivision plan has been approved and recorded; and until the improvements required by the Borough Council in connection therewith have either been constructed or guaranteed as herein provided in § 183-44.
A.
Land development, as herein defined, must comply with
the regulations contained herein. Such compliance shall include but not be
limited to: the filing of preliminary and final plats, the dedication and
improvement of rights-of-way, streets and roads and the payment of fees and
charges as established by resolution of the Borough Council.[1]
B.
Land development plans shall indicate the location of
each structure and clearly define each unit and shall indicate public easements,
common areas and improvements, all easements appurtenant to each unit and
improvements to public rights-of-way. Developments are subject to the zoning
regulations as they apply to use and density requirements, setbacks, parking
and other features and shall be indicated on the land development plans.
A.
Interpretation. In interpreting and applying the provisions
of this chapter, they shall be held to be minimum requirements for the promotion
of public health, safety, comfort, convenience and general welfare.
B.
Conflict with public and private provisions.
(1)
Public provisions. Where any provision of this chapter
imposes restrictions different from those imposed by any other provision of
this chapter or any other ordinance, rule or regulation or other provision
of law, whichever provisions are more restrictive or impose higher standards
shall control.
(2)
Private provisions. This chapter is not intended to abrogate
any easement, covenant or any other private agreement or restriction, provided
that where the provisions of this chapter are more restrictive or impose higher
standards or regulations than such easement, covenant or other private agreement
or restriction, the requirements of this chapter shall govern. Where the provisions
of the easement, covenant or private agreement or restriction impose duties
and obligations more restrictive or higher standards than the requirements
of these regulations or the determinations of the Borough Council in approving
subdivision or in enforcing this chapter and such private provisions are not
inconsistent with this chapter or determinations thereunder, then such private
provisions shall be operative and supplemental to these regulations and determinations
made thereunder.
A.
The Borough Council may grant a modification of the requirements
of one or more provisions of this chapter if the literal enforcement will
exact undue hardship because of peculiar conditions pertaining to the land
in question, provided that such modification will not be contrary to the public
interest and that the purpose and intent of this chapter is observed.
B.
All requests for modification shall be in writing and
shall accompany and be part of the application for development. The request
shall state in full the grounds and facts of unreasonableness or hardship
on which the request is based, the provision or provisions of this chapter
involved and the minimum modification necessary.
C.
The request for modification shall be referred to the
Planning Commission for advisory comments.
D.
The Borough Council shall keep a written record of all
action on all requests for modifications.
