The purpose of these regulations is to create
conditions favorable to the health, safety, morals and general welfare
of the citizens by assisting in the orderly and efficient integration
of subdivisions; ensuring conformance of subdivision plans with the
public improvements plans of the city; ensuring sites suitable for
building purposes and human habitation; facilitating the efficient
movement of traffic and avoiding traffic hazards and congestion; securing
equitable handling of all subdivision plans by providing uniform procedures
and standards; improving land records by establishing standards for
surveys and plans; safeguarding the interests of the public, the homeowner,
the subdivider and all municipalities; preserving natural and historic
features; serving all other purposes authorized for a subdivision
and land development ordinance by the Pennsylvania Municipalities
Planning Code[1]; and carrying out the goals and objectives of the Comprehensive
Plan.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
No subdivision or land development of any lot, tract
or parcel of land shall be made, and no street, sanitary sewer main,
water main or other improvements required in connection with a proposed
subdivision or land development shall be laid out, constructed, opened
or dedicated for use of the public or the occupants of the proposed
subdivision or land development, except in accordance with this chapter.
B.
A lot or parcel that was not a legal lot of record
prior to adoption of this chapter shall not be created, sold or transferred,
and no land development may occur on a lot unless and until:
(1)
The subdivision of the lot and/or the approval of
the land development as applicable has been granted final plan approval
and any subdivision has been recorded.
The provisions of this chapter that only repeat,
summarize or reference provisions of the Pennsylvania Municipalities
Planning Code[1] shall be deemed to be automatically superseded and replaced
by any applicable amendments to such provisions of the Pennsylvania
Municipalities Planning Code at the date such amendments become effective
as state law.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
See § 423-29 regarding the requirements for a land development.
A.
Agriculture. The subdivision by lease of land for
agricultural purposes into parcels of more than 10 acres which does
not involve any new street or access easement or nonagricultural building
shall be exempted from the regulations of this chapter.
B.
Revisions to city regulations after approval of a
development.
(1)
From the time an application for approval of a plan,
whether preliminary or final, has been approved or approved subject
to conditions, no subsequent change or amendment in the zoning, subdivision
or other governing ordinance or plan shall be applied to adversely
affect the right of the applicant to commence and to complete any
aspect of the approved development in accordance with the terms of
such approval within five years from such approval.
(2)
If final plan approval is preceded by preliminary
plan approval, the five-year period shall be counted from the date
of the preliminary plan approval.
A.
Differing provisions. Where two or more provisions
of this chapter apply to the same situation, or where a provision
of this chapter regulates the same matter as another city ordinance
or a federal or state statute or regulation, then the more restrictive
requirement shall apply, regardless of its source, unless specified
to the contrary.
B.
Illustrations. The illustrations in this chapter are
provided only for general illustrative purposes and are not part of
the regulations of this chapter.
A.
An applicant seeking a modification or exception to
this chapter shall submit to the City Planner request, in writing,
that states:
B.
The applicant must prove that the request will meet
one or more of the following conditions:
(1)
Avoid an undue hardship that was not self-created
and that results from the peculiar and uncommon conditions of the
property.
(2)
Avoid an unreasonable or unnecessary requirement that
would not serve any valid public purpose.
(3)
Allow an alternative standard that is clearly proven
by the applicant to provide equal or better results.
(4)
Allow a layout or improvements that would clearly
be more in the public interest than what would occur if the modification
were not granted.
(5)
Remove a requirement that is not applicable, such
as because of the small size of the proposed subdivision or land development.
A.
City Council has established a written schedule of
fees for all applications and other matters pertaining to this chapter.
Such fee requirements for subdivisions and land developments may be
amended, revised or superseded by written ordinance or resolution
of City Council.
B.
The applicant is also required to pay any review fees
required by the County Planning Commission and the County Conservation
District and any other applicable agencies.
C.
Plans shall not be considered filed until all fees
are paid and the applications are properly signed as required.
D.
If the expenses of the city for reviews of a subdivision
or land development exceed the total fees that have been paid or placed
in escrow by an applicant, such excess expenses shall be paid by the
applicant prior to release of the final plans by the city for recording.
E.
Administration of fee; establishment.
[Added 3-13-1996 by Ord. No. 13-1996]
(1)
Applications for review of any and all subdivisions
and land developments shall be accompanied by the fee established
by this section.
(2)
If said fee is less than the actual cost of review
to the City of Scranton, applicant shall pay any excess cost prior
to the release of any plan for recording of the issuance of any building
permit.
(3)
If said fee is greater than the actual cost of review
to the City of Scranton, the city will refund any excess moneys to
the applicant upon a final account of costs.
(4)
The cost of review shall include an administrative
fee which shall cover the costs associated with the processing of
the application by City of Scranton personnel other than the technical
reviewers employed by the city.
(5)
Reviews will primarily be conducted by the City Engineer,
City Planner, Fire Chief and their staffs. In instances deemed necessary
by the City Engineer, other City of Scranton staff may be required
to review the plans. When a conflict exists with city personnel or
when a skill not possessed by city personnel is required to properly
review a plan, a professional with the necessary review skills shall
be hired pursuant to the city's normal selection process to complete
the review.
(6)
The schedule of fees required at the time of submission
of any subdivision or land development application is as follows:
|
Plan Type
|
Administrative Fee
|
Review Fee Escrow
| |
|---|---|---|---|
|
Lot line adjustment
|
$50.00
|
None
| |
|
Minor subdivision
|
$100.00
|
$100.00
| |
|
Major subdivision
|
$150.00
|
$200.00, plus $20.00/lot
| |
|
Land development
|
$200.00
|
$200.00, plus $0.10/square foot1
|
|
NOTES:
| ||
|---|---|---|
|
1
|
$3,000 shall be the maximum amount required
to be escrowed initially by any applicant. If 75% or more of the original
amount is used by the city, then the full amount as computed from
the above table shall be deposited unless a determination is made
by the city that a lesser amount will be required to complete the
review.
| |
(7)
The fee charged to the applicant in addition to the
administrative fee shall equal the hourly rate, including any and
all fringe benefits, multiplied by the exact number of hours spent
reviewing the plan by city staff and/or the amount billed to the City
of Scranton by any outside professionals.
(8)
Annually, the Business Administrator shall determine
the hourly rate to be charged by the city for each staff member involved
in reviewing plans.
(9)
Each staff member shall keep a written record of the
time spent reviewing particular plans and submit timely to the Ordinance
Administrator a copy thereof for billing purposes.
(10)
A written invoice detailing each reviewer's
hours shall be made available to the applicant when funds are drawn
from the escrow and at the completion of the review.
(12)
The fees herein are related only to the review of subdivision and land development plans and are not in lieu of any other fee or cost associated with the development of land in the City of Scranton, including but not limited to the inspection fee pursuant to § 423-44B(4) of this chapter, any building permit fee or sewer connection fee.
(13)
A special city account shall be created to accept
and disburse the fees generated by this section.
A.
Alternate plans. Only one plan concerning any one
area of land shall be before the city for review at any one moment
in time, unless the Planning Commission specifically permits simultaneous
review of alternative plans. When an alternative plan is permitted,
a new submission fee shall be required, unless the Planning Commission
determines that the alternative plan is not significantly different
from the earlier submission.
B.
Revisions and resubdivisions.
(1)
Revised plans.
(a)
Until a submission is approved or rejected by
the Planning Commission, the applicant may withdraw the submission
and submit a revised plan following the submission and review procedures
which apply to that plan. For any submittal of a revision of a previously
submitted plan, the city may require the applicant to submit additional
fees if needed based upon the city's expenditures on the review up
to that time.
(b)
If the Planning Commission determines that a
revised plan for a subdivision or land development that is being reviewed
constitutes a significant change from the previous submittal, then
the Planning Commission may at a regular meeting determine that the
revised plan shall be considered a new submittal, and the ninety-day
maximum time period for city approval shall restart after the regular
Planning Commission meeting, after such revised submittal.
(2)
A revision or resubdivision of a final plan approved by the Planning Commission shall be considered as a new subdivision and shall comply with all of the regulations of this chapter. For changes only involving lot line adjustments or minor corrections, see the simpler provisions of Article VIII.
The city shall maintain records of the decisions
of the Planning Commission regarding all subdivision and land development
plans. Such records shall be available to the public for review.
B.
Reviews. The city staff shall submit each proposed
amendment (other than an amendment prepared by or under the direction
of the Planning Commission) to the Planning Commission for recommendations
at least 30 days prior to the date set for the City Council public
hearing. Also, the city staff shall submit any proposed amendment
to the County Planning Commission at least 30 days before the public
hearing on such amendments.
C.
Public notice. The city staff shall publish the proposed
amendment in a newspaper of general circulation, within the requirements
of the Pennsylvania Municipalities Planning Code. Publication of the
proposed amendment shall include either the full text thereof or the
title and a brief summary. If the full text is not published, then
a copy shall be supplied to a newspaper of general circulation and
a copy shall be filed in the County Law Library.
D.
Changes. In the event that substantial changes are
made in the proposed amendment after the hearing, then before voting
upon enactment, City Council shall, at least 10 days prior to enactment,
readvertise in one newspaper of general circulation a summary of the
changes.
[Amended 4-30-2018 by Ord. No. 9-2018]
Decisions of the City Planning Commission and/or the City Subdivision
Bureau (in the case of lot line adjustments, annexations and minor
revisions of approved plans where the Subdivision Bureau acts as the
approving body) may be appealed in accordance with the Pennsylvania
Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
Inspections. The Mayor shall authorize one or more
persons, which may include the Zoning Officer and the City Engineer
and his/her representatives, to enforce the provisions of this chapter
and the accompanying design standards and improvement specifications.
Any action under this chapter Is subject to on-site inspection by
the city or its authorized representatives to ensure compliance with
this chapter, other city ordinances and the approved plans.
B.
Remedies. Any action inconsistent with the provisions
of this chapter shall be subject to a cease and desist order and other
appropriate measures by the Mayor and City Council or their authorized
representatives. The enforcement provisions of the Pennsylvania Municipalities
Planning Code, as amended,[1] shall apply.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
Any person, partnership or corporation who or which has violated any provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the city or their authorized representatives, pay fines and fees as authorized by the Pennsylvania Municipalities Planning Code. These violations shall include, but not be limited to, actions listed under § 423-4, Applicability, without following the applicable procedures of this chapter.
B.
The description by metes and bounds in the instrument
of transfer or other document used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
There is hereby created a Subdivision Bureau
of the City of Scranton, staff-persons who shall serve as a committee
responsible for the technical review of subdivision and land development
plans. Such Bureau shall be under the direction of the City Engineer
and shall include the Chief City Planner. The Bureau shall also include
such other city staff-persons as deemed appropriate by the City Engineer,
such as but not limited to: a Code Enforcement Officer, the Superintendent
of Building Inspection, the Assistant City Planner and the Zoning
Officer.
Neither the approval nor the granting of any
building permit, floodplain permit, site plan review, subdivision
approval, land development approval, zoning permit, erosion review,
stormwater runoff review, wetland delineation or wetland review, steep
slope review or any other review or permit of this chapter, involving
any land governed by the provisions of this chapter, by an officer,
solicitor, employee, consultant or agency of the city, shall constitute
a representation, guarantee or warranty of any kind by the city or
its employees, consultants, officials or agencies of the practicality
or safety of any structure, use or subdivision and shall create no
liability upon, nor a cause of action against any city body, consultant,
official or employee for any damage that may result pursuant thereto.
All plans shall comply with applicable state
professional certification laws, including but not limited to certification
laws for professional engineers, surveyors and landscape architects.
All preliminary and final plans and any required stormwater calculations
for a subdivision or land development shall be certified, signed and
stamped by a registered professional engineer. All subdivisions of
land shall be certified, signed and stamped by a registered surveyor.
