This chapter shall be known, cited and referred to as the "Subdivision
and Land Development Ordinance of the Borough of Columbia" (hereinafter
"chapter").
This chapter is adopted to regulate and manage the subdivision
and development of land within the Borough of Columbia with the intent
to encourage infill and redevelopment while retaining community character
and promoting quality reinvestment in the Borough.
This chapter is adopted pursuant to the authority granted by
the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as
amended and reenacted by Act 170 of 1988, 53 P.S. § 10101
et seq., and as subsequently amended. The Borough Council of the Borough
of Columbia designates the Planning Commission of the Borough of Columbia
as its agency to administer and enforce this chapter as permitted
by Section 501 of the Pennsylvania Municipalities Planning Code, as
amended.[1]
[1]
Editor's Note: See 53 P.S. § 10501.
B.
General application. No subdivision or land development of any lot,
tract or parcel of land located within the Borough of Columbia shall
be effected and no street, sanitary sewer, storm sewer, water main
or other facilities in connection therewith shall be laid out, constructed,
opened, or dedicated for travel or public use, or for the common use
of occupants of buildings thereon, unless and until a final subdivision
or land development plan has been approved and recorded in the manner
prescribed herein. Furthermore, no building shall be erected and no
site improvements shall be completed except in strict accordance with
the provisions of this chapter.
C.
General prohibition. No lot in a subdivision may be sold or transferred;
no permit to erect, alter or repair any building upon land in a subdivision
or land development may be issued; and no building may be erected
in a subdivision or land development, unless and until a final subdivision
or land development plan has been approved and recorded, and until
construction of any required site improvements in connection therewith
has been completed or guaranteed in the manner prescribed herein.
D.
Pending applications. Per Article V, as revised of PMPC, the provisions of this chapter shall not affect an application for approval of a subdivision and/or land development plan which is pending action at the time of the effective date of this chapter, in which case applicant shall be entitled to a decision in accordance with the governing ordinances as they stood at the time when the application for such plan was duly filed. Additionally, this chapter shall not affect any suit or prosecution, pending or to be instituted, to enforce any provision of this chapter, as amended, or any applicable predecessor regulations on an act done, contract executed, or liability incurred prior to the effective date of this chapter.
E.
Previously approved plans. If an applicant has received approval
of a preliminary or final plan prior to the effective date of this
chapter, no provision of this chapter shall be applied to adversely
affect the right of the applicant to commence and complete any aspect
of the approved preliminary or final plan in accordance with the PMPC.
F.
Existing improvements. If existing improvements, including stormwater
management facilities, on the subject tract do not meet the requirements
of this chapter and/or are not functioning properly, then such improvements
must be designed and upgraded to meet the requirements of this chapter.
A.
Interpretation. In their interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements for the
promotion of the public health, safety and general welfare, and shall
be construed to achieve the purposes for which this chapter was adopted.
B.
Conflict with public and private provisions.
(1)
Public provisions. This chapter is not intended to interfere with,
abrogate, or annul any other ordinance, rule or regulation, statute,
or other provision of law except as provided in this chapter. 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, statute, or other provision of law,
the provision that is more restrictive or imposes higher standards
shall control.
(2)
Private provisions. This chapter is not intended to abrogate any
easement, covenant, or 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.
C.
Severability. If any part or provision of this chapter or the application
of this chapter to any person or circumstances is adjudged invalid
by any court of competent jurisdiction, such judgment shall be confined
in its operation to the part, provision or application directly involved
in the controversy in which the judgment shall be rendered. It shall
not affect or impair the validity and continued enforcement of any
other parts or provisions of this chapter or the application of them
to other persons or circumstances.
This chapter shall not be construed as abating any action now
pending under, or by virtue of, prior existing subdivision or land
development regulations, or as discontinuing, abating, modifying or
altering any penalty accruing or about to accrue, or as affecting
the liability of any person, firm or corporation, or as waiving any
right of the Borough under any section or provision existing at the
time of adoption of this chapter, or as vacating or annulling any
rights obtained by any person, firm or corporation by lawful action
of the Borough, except as shall be expressly provided for in this
chapter.
Upon the adoption of this chapter, all provisions of the Subdivision
and Land Development Ordinance of the Borough of Columbia, as amended,
are expressly repealed in their entirety.
It shall be the duty of the Borough Manager, Borough Zoning
Officer, Council, and/or any person authorized by Council to enforce
this chapter and issue penalties for violation of this chapter in
accordance with the PMPC.
