this chapter shall be known and may be cited as the "West Chester
Borough Subdivision and Land Development Ordinance" of 2018.
The purposes of this chapter are:
A.
The
orderly, efficient and integrated development or redevelopment of
the Borough.
B.
To
assure that land to be developed shall be of such character that it
can be used safely without danger to health or peril from fire, flood,
erosion, excessive noise and smoke or other menace.
C.
To
provide for stormwater management, water supply, sewage disposal and
other appropriate utility services.
D.
To
provide for the coordination of existing streets, parks and land use
with proposed streets, parks and land use.
E.
To
provide for safe, convenient and functional systems for vehicular
and pedestrian traffic on streets of such width, grade and location
as to accommodate prospective traffic as determined by existing and
probable future land and building uses.
F.
To
provide for the arrangement of building lots, blocks and streets so
as to afford adequate light, view, and air, and to facilitate fire
protection.
G.
To
assure that land will be developed with due regard to topography,
and to distribution and density of population.
H.
To
provide for adequate open spaces for recreation, light and air and
for adequate sites for parks, playgrounds and other community services
and pedestrian amenities.
I.
To
ensure coordination of subdivision and land development plans with
Borough, intermunicipal, county and state improvement plans.
J.
To
ensure coordination of Subdivision and Land Development Plans with
the Zoning Ordinance.
L.
To
eliminate or minimize adverse effects or damage to the environment
and biosphere and to encourage productive and enjoyable harmony between
man and his environment.
M.
To
protect the social and economic stability of the Borough and conserve
the value of land and buildings in the Borough.
N.
To secure equitable handling of subdivision and land development
plans by providing uniform procedures and standards for the observance
of both subdividers/land developers, and of Borough officials.
O.
To provide for and promote the general health, safety and welfare
of the public.
P.
To provide for an opportunity to implement the Official Map.
this chapter has been prepared under the authority and is consistent with the terms and requirements of the Pennsylvania Municipalities Planning Code (53 P.S. § 10101 et seq., as amended) and is in accordance with the police power authority granted to the Borough through the West Chester Borough Code. It is intended to further the objectives of Article I, § 27, of the Constitution of the Commonwealth of Pennsylvania and of the West Chester Borough Comprehensive Plan, and Chapter 112 of the Borough Code, titled, "Zoning."
The provisions of this chapter shall be held to be minimum requirements
to meet the above-stated purposes. Where the provisions of this chapter
impose greater restrictions than those of any statute, other chapter
or regulation, the provisions of this chapter shall prevail. Where
the provisions of any statute, other chapter or regulation impose
greater restrictions than those of this chapter, the provisions of
such statute, chapter or regulation shall prevail. Wherever references
are made to other statutes, chapters or publications, the reference
shall include the latest reenactment, revision or republication.
A.
From
and after the effective date of this chapter, any subdivision and/or
land development shall be in conformity with this chapter and all
standards, regulations, and specifications adopted as part of this
chapter. The Borough Council shall have jurisdiction over and control
of subdivision and land development within the Borough limits. In
order that the action of the Borough Council under this Subdivision
and Land Development chapter may be correlated with all relevant data
and procedures, the Borough Council hereby designates the Borough
Planning Commission as the planning agency of the Borough Council:
(1)
To which all applications relating to sketch plans, preliminary or
final approval of subdivision and land development plans shall initially
be submitted.
(2)
With which applicants may hold all preliminary consultations relating
to the plans.
(3)
Which shall make recommendations to the Borough Council concerning
the interpretation of and the granting of modifications to provisions
and standards of this chapter and to perform such other functions
as the applicable laws grant to such agency.
B.
No
lot, tract or parcel of land shall be subdivided and no land may be
developed and no street, sanitary sewer, storm sewer, water main or
concomitant facility may be laid out, constructed, opened or dedicated
for public use or travel or for the use of occupants of buildings
abutting or to abut on them, except in accordance with the provisions
of this chapter and other applicable Borough chapters.
C.
No lot in a subdivision may be sold, no permit to build, alter or repair any building on land in a subdivision or land development may be issued and no building may be erected in a subdivision or land development until a final subdivision or land development plan has been approved and recorded in accordance with this chapter and, where required, improvements have been completed or their completion has been assured by a performance guaranty consistent with the terms of Article V of the Municipalities Planning Code and with §§ 97-17 and 97-48 of this chapter.
D.
The
scope of this chapter shall include all matters over which, by law,
the Borough is authorized to exercise control by enactment and enforcement
of this chapter, including but not limited to:
(1)
All improvements within any tract undergoing subdivision or land
development.
(2)
The improvement of public facilities adjacent to any tract undergoing
subdivision or land development, including streets and drainage facilities
which border upon any such tract.
(3)
The installation or enhancement of off-site improvements needed to
adequately serve the subdivision or land development.
E.
The
granting of a permit or the approval of a plan of subdivision or land
development shall not constitute a representation, guaranty or warranty
of any kind by the Borough or by any official, employee, agent or
adviser of the Borough as to the practicability, adequacy, functioning
or safety of any use, improvement, facility or system installed or
maintained pursuant to the aforementioned permit or approval, and
such permit or approval shall not create any liability upon the Borough,
its officials, employees, agents or advisers.
Ordinance No. 16-1991, and other previous amendments to the
West Chester Borough Subdivision and Land Development Ordinance, are
hereby repealed.
The provisions of this chapter shall be severable, and if any
of its provisions shall be held to be unconstitutional, illegal or
invalid, such decision shall not affect the validity of any of the
remaining provisions of this chapter. It is hereby declared as a legislative
intent that this chapter would have been adopted had such unconstitutional,
illegal or invalid provision not have been included herein.
