This chapter shall be known as the "New Wilmington Borough Subdivision and Land Development Ordinance."
This chapter is adopted for the following purposes:
A. 
To assure sites suitable for building purposes and human habitation.
B. 
To provide for the harmonious, orderly, efficient and integrated development of the Borough of New Wilmington.
C. 
To assure new development will be coordinated with existing Borough development.
D. 
To provide for adequate easements and rights-of-way for drainage and utilities.
E. 
To make provisions, as needed, for the reservation of land as it may be needed for public grounds.
F. 
To accommodate prospective traffic, facilitate fire protection and make such provisions as are necessary for public safety and convenience.
G. 
To make provisions for appropriate standards for streets, storm drainage, sanitary sewers, water facilities, curbs, gutters and such other improvements as shall be considered needed by the Borough.
H. 
To promote the sound layout and design for subdivisions and land developments.
I. 
To allow for new and flexible standards of design, where appropriate.
J. 
To secure equitable handling of all subdivision plans by providing uniform procedures and standards.
K. 
To implement the County Comprehensive Plan.
L. 
To provide consumer protection for buyers and sellers of land.
The Borough of New Wilmington is vested by law with jurisdiction and control of the subdivision of land located within the Borough limits in accordance with Article V, Sections 501 and 502(c), of the Pennsylvania Municipalities Planning Code, Act 247 of 1968,[1] as amended. The power to regulate and approve subdivisions and land developments is, therefore, conferred on the Council of the Borough of New Wilmington and the New Wilmington Borough Planning Commission.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
A. 
This chapter shall apply to all land situated in the Borough of New Wilmington.
B. 
Plans for subdivisions, land developments and mobile home parks located in New Wilmington Borough shall be submitted to the Borough Council and the Borough Planning Commission, and reviewed by the county before they may be recorded by the Lawrence County Recorder of Deeds.
C. 
Such approval is in addition to, and does not supersede, those required by other ordinances, resolutions or regulations of the Borough of New Wilmington.
D. 
Land development control.
(1) 
Land development, as herein defined, must comply with the regulations contained herein. Such compliance shall include but not be limited to:
(a) 
The filing of preliminary and final plats (plans).
(b) 
The dedication and improvement of rights-of-way, streets and roads.
(c) 
The payment of fees and charges as established by resolution of the Borough of New Wilmington.
(2) 
Land development plans shall indicate the location of each structure and clearly define each unit and shall indicate public easements, common areas and improvements, all easements appurtenant to each unit, and improvements to public rights-of-way. Developments are subject to the zoning regulations,[1] if applicable, as they apply to use and density requirements, setbacks, parking and other features, and such requirements shall be indicated on the land development plans.
[1]
Editor's Note: See Ch. 275, Zoning.
The provisions within this chapter are designed to fulfill the purposes cited in § 221-2. The degree of protection sought by the conditions and requirements of this chapter for the present and future residents and land owners in the Borough is considered reasonable for regulatory purposes. This chapter does not imply that compliance with the minimum requirements for subdivisions, land developments or mobile home parks will be free from inconveniences, conflicts, danger or damages. Therefore, this chapter shall not create liability on the part of the individual members of the Council of New Wilmington Borough, the New Wilmington Borough Planning Commission, the Lawrence County Planning Commission or any officer, appointee or employee of the Borough or county for any damages that may result from reliance on this chapter or any administrative decision lawfully made thereunder.
This chapter shall become effective November 2, 2009, and shall remain in effect until modified or rescinded by the Council of New Wilmington Borough. The previous subdivision ordinance, adopted as Chapter XIII of the Borough Code of Ordinances, is hereby repealed in its entirety.
Copies of the New Wilmington Borough Subdivision and Land Development Ordinance shall be made available to the general public at a fee adequate to compensate the Borough for the cost of reproduction.
A. 
No subdivision or land development of any lot, tract or parcel of land shall be made, no mobile home park shall be initiated or altered, and no street, sanitary sewer, storm sewer, water main or other required improvement shall be laid out, constructed, opened or dedicated for public use or travel, or for the common use of occupants of buildings abutting thereon, except in accordance with the provisions of this chapter.
B. 
No plan of a subdivision or land development proposed in the Borough shall be recorded in any public office unless, or until, the plan has been approved by the New Wilmington Borough Council, reviewed by the New Wilmington Borough Planning Commission, and bears the certified review of the Lawrence County Planning Department.
C. 
It shall be unlawful for any person to sell, trade or otherwise convey, or offer to sell, trade or otherwise convey, any lot, parcel or tract of land as part of, or in conformity with, any plan, plat or replat of any subdivision or land development, unless and until said plan, plat or replat shall have been first recorded in the office of the Lawrence County Recorder of Deeds.