This chapter shall be known and may be cited
as the "Borough of Schwenksville Subdivision and Land Development
Ordinance of 1995, as amended."
This chapter has been enacted in conformance
with the provisions of Act 247 of 1968, the Pennsylvania Municipalities
Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
This chapter contains regulations which include
but are not limited to the following:
A.
Provisions for the submittal and processing of plats
for subdivisions and land developments, and specifications for such
plats, including provisions for tentative sketch, preliminary, and
final plan processing and approvals, and for processing of final approval
by stages or sections of development.
B.
Provisions governing the standards by which streets
shall be graded and improved, and walkways, curbs, gutters, streetlights,
fire hydrants, water, sewage, and storm drainage facilities, and other
improvements shall be installed as conditions precedent to formal
approval of plats.
The following are the purposes of this chapter:
A.
To insure that development within the Borough will
be orderly, efficient, integrated, and harmonious.
B.
To insure that the layout and arrangement of subdivisions
or land developments shall conform to the Borough of Schwenksville
Comprehensive Plan and to any regulations, maps, studies, and reports
adopted in furtherance thereof.
C.
To insure that streets in and bordering a subdivision
or land development shall be coordinated, and be of such design, and
in such locations as deemed necessary to accommodate prospective traffic
and parking, and to facilitate fire protection.
D.
To require adequate, appropriately located easements
or rights-of-way for utilities and storm drainage facilities.
E.
To insure that any lands offered for dedication or
otherwise reserved for use as public or common grounds shall be of
suitable size, configuration, and topographical character for their
designated uses.
F.
To insure conformance of subdivision and land development
proposals with the availability of municipal services and public facilities,
and the coordination of intermunicipal programs.
G.
To preserve lands subject to inundation or flooding
from subdivision or land development which would endanger life or
property or further aggravate or increase the existing flooding or
inundation conditions.
H.
To encourage and promote flexibility, economy, and
ingenuity in the layout and design of subdivisions and land developments,
including provisions authorizing the Borough to modify the requirements
of this chapter in accordance with concepts and practices consistent
with the modern and evolving, generally accepted principles of site
planning and land development.
I.
To provide equitable handling of all subdivision and
land development proposals by providing uniform procedures and standards.
J.
To encourage subdivision and land development in accordance
with principles and practices which conserve energy, both during and
after construction, and which encourage the use of alternative energy
sources by the layout of the proposal and the siting of buildings.
The provisions of this chapter shall be the
minimum requirements to meet the above-stated purposes. Where the
provisions of this chapter impose greater restrictions than those
of any other statute, ordinance, or regulations, then the provisions
of this chapter shall prevail. Where the provisions of any other statute,
ordinance or regulations impose greater restrictions than those of
this chapter, the provisions of such statute, ordinance or regulations
shall take precedence.
A.
Subdivision of a lot or construction, opening, or
dedication of a street. No subdivision or land development of any
lot, tract, or parcel of land shall be made, and no street, alley,
sanitary sewer, storm drain, water main, gas, oil or electric line,
or other improvements in connection therewith, shall be laid out,
constructed, or dedicated for public use, or travel, or for the common
use of occupants of a building abutting thereon, except in strict
accordance with this chapter.
B.
Sale of lots, issuance of building permits or erection
of buildings. No lot in a subdivision or land development may be sold,
and no permit to erect, alter, or repair any building upon land in
a subdivision or land development will be issued unless and until
a subdivision and/or land development plan has been approved, and
where required, recorded, and until the required improvements in connection
therewith have either been constructed or guaranteed for construction
in the form of a bond, escrow, or other means approved by the Borough
Council under the advice of the Borough Engineer and Solicitor, in
accordance with the laws of the Commonwealth of Pennsylvania.
C.
Condominiums. No provision of this chapter shall be
construed to prohibit condominium ownership as permitted by the applicable
enabling legislation of the Commonwealth of Pennsylvania.
