Article 1
Purpose and Authority
§13-101 Title.
These regulations, rules, and standards for planning, subdividing, and developing land within Cornwall Borough, Lebanon County, Pennsylvania, including procedures for the application and administration, and penalties for the violation thereof, shall be known, cited and referred to as the “Subdivision and Land Development Ordinance for the Borough of Cornwall.”
(Ord. 2008-2, 6/9/2008, §101)
§13-102 Purpose.
The general purpose of this Chapter shall be to guide and regulate the planning, subdividing, and development of land in order to promote and protect the public health, safety, convenience, comfort, prosperity, and general welfare of the residents of Cornwall Borough.
(Ord. 2008-2, 6/9/2008, §102)
§13-103 Objectives.
It is intended that the provisions of these regulations shall be applied to achieve the following objectives:
A. Orderly development of the land to obtain harmonious and stable neighborhoods.
B. Safe and convenient vehicular and pedestrian circulation.
C. Adequate and economical provisions for utilities and public services to conserve the public funds.
D. Ample public open spaces for schools, recreational, and other public purposes.
E. Accurate surveying of land, preparing and recording of plats.
F. Discouraging of premature, uneconomical, or scattered subdivision.
G. Maximize conservation of all forms of energy.
H. Stormwater management, by reducing stream erosion and maintaining natural stormwater runoff characteristics.
I. Coordination of land development in accordance with the Zoning Ordinance [Chapter 14], Comprehensive Plan, and other plans of the Borough and County.
(Ord. 2008-2, 6/9/2008, §103)
§13-104 Application of Regulations.
1. No subdivision or land development of any lot, tract, or parcel of land located within the Borough shall be effected; no street, sanitary sewer, stormwater, water main, stormwater control facilities, or other facilities in connection therewith shall be laid out, constructed, opened, or dedicated for travel or public use, until a subdivision or land development plan has been approved in the manner prescribed herein, and recorded. Furthermore, no property shall be developed, no building shall be erected and no site improvements shall be completed except in strict accordance with the provisions of this Chapter.
2. No lot in a subdivision may be sold or transferred; no permit to erect or alter any building upon land in a subdivision or land development may be issued; and no buildings may be erected in a subdivision or land development, unless and until a final subdivision or land development plat 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.
(Ord. 2008-2, 6/9/2008, §104)
§13-105 Jurisdiction.
1. All proposed subdivision and land development plans must be reviewed by Lebanon County Planning Department and the Cornwall Borough Planning and Zoning Commission. The Planning Department shall submit its written comments on all plans to the Borough within 30 days of the date the application is forwarded to the Planning Department. The review by the Planning Department does not supersede or circumvent any applicable requirement of any local municipal ordinance or regulation.
2. In all cases involving preliminary or final subdivision or land development plan applications, the Planning and Zoning Commission shall review and recommend approval or rejection to the Borough Council. Borough Council shall thereafter either approve or reject the plan application within 90 days of the date a complete application was filed with the Borough Secretary, before any such plans shall be recorded or before any lots are sold or transferred.
3. Plan approval by Borough Council shall not constitute acceptance of any proposed dedication of land and/ or improvement by the Borough.
(Ord. 2008-2, 6/9/2008, §105)
§13-106 Compatibility with Other Permit and Ordinance Requirements.
Permits and approvals issued pursuant to this Chapter do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. If more stringent requirements concerning regulation of stormwater or erosion and sedimentation control are contained in the other code, rule, act, or ordinance, the more stringent regulation shall apply.
(Ord. 2008-2, 6/9/2008, §106)
§13-107 Restrictions Related to Stormwater Management.
Within that portion of the Borough located in any watershed for which there is an adopted watershed plan (under Act 167, as amended), any ordinance or provision of any ordinance that is inconsistent with the provisions of this Chapter is hereby repealed to extent of the inconsistency only. Within the remainder of the Borough, this Chapter supersedes any provisions currently in effect with respect to stormwater management and erosion control; all other ordinances and regulations shall remain in full force and effect to the extent that those provisions are more restrictive than the provisions of this Chapter.
(Ord. 2008-2, 6/9/2008, §107)
§13-108 Waiver of Liability.
Except as specifically provided by the Pennsylvania Storm Water Management Act, Act of October 4, 1978, P.L. 864, No. 167, as amended, 32 P.S. §680.1 et seq., the making of any administrative decision by the Borough or any of its officials or employees shall not constitute a representation, guarantee, or warranty of any kind by the Borough of the practicability or safety of any proposed structure or use with respect to damage from erosion, sedimentation, stormwater runoff, flood, or any other matter, and shall create no liability upon or give rise to any cause of action against the Borough and its officials and employees. The Borough Council, by enacting this Chapter, does not waive or limit any immunity granted to the Borough and its officials and employees by the Governmental Immunity Act, 42 Pa.C.S.A. §8541 et seq., and does not assume any liabilities or obligations.
(Ord. 2008-2, 6/9/2008, §108)