[HISTORY: Adopted by the City Council of
the City of Bradford as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-20-1961 by Ord. No. 2660]
[Amended 6-11-1974 by Ord. No. 2921]
In accordance with Article V of the Pennsylvania
Municipalities Code,[1] whoever, being the owner or agent thereof, subdivides
any lot, tract or parcel of land in the City of Bradford by any means
into two or more lots, tracts, parcels or other divisions of land,
including changes in existing lot lines, for the purpose, whether
immediate or future, of lease, transfer of ownership or building or
lot development shall, prior to filing his subdivision plat or map
in the office of the County Clerk of McKean County and before proceeding
to sell lots or land so subdivided, submit his plan of street and
lot layout to the City of Bradford Planning Commission and a duplicate
of such plan directly to the Mayor and City Council as provided below
and shall have the approval of the Planning Commission and the City
Council before the plat map may be recorded.
[1]
Editor's Note: See 53 P.S. § 10501
et seq.
A.
It is suggested that application by the owner or his
agent for approval of a plan of subdivision of land shall be made,
in writing, to the Mayor and City Council and a duplicate to the Bradford
City Planning Commission. The plan of subdivision shall be such as
to meet the minimum requirements contained below.
B.
A preliminary plat showing the information specified
shall be submitted for examination. In submitting the preliminary
plat, the owner or his agent may present ideas and suggested development
of the proposed platted area either in person or in writing to the
Council and a copy to the Planning Commission.
C.
Approval of the preliminary plat shall constitute
approval as to form only, that is, as to the arrangement and dimensions
of streets, lots and other planned features. The approval of the final
plat required for recording purposes will be considered only after
the requirements for final plat outlined herein shall have been fulfilled
and after all other specified conditions have been met.
A.
To subdivide land into lots or to dedicate or reserve
streets, alleys or land for public or private use or to subdivide
land into building lots, the owner shall submit three copies of the
preliminary sketch plan, preferably black-and-white prints, to the
Mayor and City Council and three copies to the Planning Commission
before submission of the final plan.
B.
The preliminary plat shall be drawn to a scale of
not more than 100 feet to the inch and shall show:
(1)
Property line of the land to be subdivided; the names
of all owners of all immediately adjacent subdivisions or, in unplatted
areas, the layout of adjoining streets; and location of all lines
of incorporated areas, streets, buildings, tree masses and isolated
trees more than 10 inches in diameter and watercourses within the
area to be subdivided.
(2)
A legible key map showing the relation of the property
to adjoining property and to all streets or roads existing within
600 to 1,000 feet of any part of the property to be subdivided.
(3)
The proposed location and width of streets, alleys,
lots, building and setback lines and easements.
(4)
Existing sanitary and storm sewers, water mains, culverts
and other underground structures within the tract or immediately adjacent
thereto. The location and size of the nearest water main and sewer
or inlet are to be indicated in a general way upon the plat.
(5)
The title under which the proposed subdivision is
to be recorded and the name or corporate officers of the subdivider
platting the tract.
(6)
Contours at vertical intervals of not greater than
five feet for land with average natural slope of 10% or greater and
at vertical intervals not greater than two feet for land of lesser
average slopes. However, contours need not be shown for land subdivisions
with a gross area of less than 1/2 acre or for land subdivisions containing
no new streets or roads, unless specifically requested by City Council
or the Planning Commission.
(7)
North point (magnetic or true, and so indicated),
scale and date.
(8)
The preliminary plat shall be accompanied by tentative
center-line grades shown by elevations on the preliminary plan.
(9)
Plans or written and signed statements regarding the
width and type of proposed pavement, location, size and type of proposed
sanitary sewers or other sewage disposal facilities, proposed water
mains and hydrants and other proposed utilities, proposed stormwater
drainage facilities and other proposed improvements, such as sidewalks,
planting and parks.
C.
Approval of the preliminary plat shall not constitute
an acceptance of the subdivision by the City Council or the Planning
Commission. One copy of the approved preliminary plat, signed by the
Chairman of the Planning Commission, shall be retained at all times
in the office of the City Engineer. One signed copy shall be given
to the subdivider.
A.
Requirements.
(1)
The final plat of that part to be developed in the
immediate future on tracing cloth and a reproducible copy thereof,
together with a copy of any restrictions where such are too lengthy
to be shown on the plat, shall be submitted to the Mayor and Council
and the Planning Commission.
(2)
The final plat shall be drawn at a scale of not less
than one inch equals 100 feet. If the final plat is drawn in two or
more sections, it shall be accompanied by a key map showing the location
of several sections.
(3)
The final plat shall conform to the preliminary plat
as approved by the Council and the Commission and shall show:
(a)
The full plan of development, including street
and alley lines, lot lines, building lines and areas to be dedicated
to street, park and other public purposes. Lot lines may be omitted
at the discretion of the Commission when adversely affecting a special
development scheme, provided that a statement is placed on the record
plat specifying the minimum size of lot to be sold and provided that
other satisfactory assurance of appropriate development is given.
(b)
The boundary lines of the area being subdivided
with accurate distances and angles or bearings.
(c)
The names of adjoining subdivisions.
(d)
The lines of all proposed streets and alleys
with their width (designation of space allotted for roadway, park
strip and sidewalk) and names; lengths of tangents, radii, arcs and
chords and central angles for all center line curves on streets; and
tangent, chord, arc, radius and central angle of all street corners.
(e)
The accurate outline of any property which is
offered for dedication for public use.
(f)
Identification system for all lots and blocks.
(g)
Location of all monuments, which monuments shall
be referenced to any existing coordinated monuments within a reasonable
distance of the land to be subdivided and approved by the Municipal
Engineer.
(h)
A title which shall include the name and location
of the subdivision, the name of the owner or his agent or corporate
officers and the name of the certifying engineer or surveyor.
B.
The final plat shall be accompanied by:
(1)
A copy of the deed to the property containing such
private restrictions or restrictive schemes as may be imposed upon
the property, conditional to sale, together with a statement of any
restrictions that may already carry with the title to the land being
subdivided.
(2)
Street profiles for all streets.
(3)
Utility profiles for sewer lines and stormwater facilities.
C.
Boundary survey. The boundary of the subdivided tract
shall be determined by an accurate survey, which must be balanced,
referred to at least three permanent monuments, where such exist,
and closed within an error of one in 3,000.
D.
Action upon and approval of the final plat. The final
or record subdivision plat shall be prepared and submitted to the
City Council and then from Council to the Planning Commission by the
owner of the property or his authorized representative within one
year after the approval of the preliminary plat; otherwise, the approval
of the preliminary plat shall become null and void, unless an extension
of time is applied for, in writing, and the application is granted
by City Council and the Commission.
E.
Endorsement of approval. Upon approval of a final
plat, such approval shall be indicated by a statement to that effect
on the original or record map, with the signature of the members of
the authorized governing body in the municipality wherein the subdivision
is located.
The subdivider shall observe the following requirements
and principles of land subdivision:
A.
Street system.
(1)
The plat shall conform to such plan or plans (where
existing) for the City and surrounding area as shall have been prepared
and adopted by the City Planning Commission and other borough and
township commissions.
(2)
The arrangement of streets in new subdivisions shall
make provision for the continuation of the principal existing streets
in adjoining areas (or their proper protection where adjoining land
is not subdivided) insofar as they may be deemed necessary by the
City Council and the Planning Commission for public requirements.
The width of such streets in new subdivisions shall not be less than
the minimum street widths established herein. The street and alley
arrangement must also be such as to cause no hardship to owners of
adjoining property when they plat their own land and seek to provide
for convenient access to it. In general, provisions shall be made
for through streets at intervals of approximately 1/2 mile or less.
Offset streets shall be avoided.
(3)
Minor streets should approach the major streets at
an angle of not less than 80º nor more than 100º.
(4)
Proposed street names shall be checked to prevent
duplication of street names.
B.
Street and alley right-of-way widths. The subdivider
shall provide minimum rights-of-way for the following thoroughfares:
(1)
Main arterial (city-to-city) highways, boulevards,
expressways, freeways and parkways shall conform to the standards
of the Pennsylvania Department of Transportation.
(2)
Secondary thoroughfares, 70 feet.
(3)
Minor streets, 50 feet.
(4)
Dead-end streets, not more than 500 feet long, 50
feet wide. All dead-end streets shall terminate in a circular right-of-way
with a minimum radius of 40 feet to the outside right-of-way line,
unless the Commission approves an equally safe and convenient form
of paved space instead of the required turning circle.
(5)
Alleys, 20 feet.
C.
Street alignment; grades. Unless otherwise granted
by the Commission in special consideration, maximum percent grades
shall be as follows:
D.
Alignment and visibility.
(1)
Clear visibility, measured along the center line,
shall be provided for at least 600 feet on main thoroughfares, boulevards,
expressways, freeways and parkways; 300 feet on secondary thoroughfares;
and at least 100 feet on minor thoroughfares.
(2)
It is recommended that wherever possible reversed
curves on the center line of any thoroughfare shall always be connected
by a tangent, which in most instances shall be greater than 50 feet
in length.
(3)
No broken-back curves shall be permitted along the
center line of any thoroughfare.
(4)
Street curb intersections shall be rounded by a radius
of at least 10 feet. The minimum radius of 10 feet shall be increased
when the smallest angle of intersection is less than 80º.
E.
Block sizes.
(1)
Length. No block shall be longer than 1,200 feet nor
less than 500 feet between street right-of-way lines.
(2)
Width.
(a)
In plotting residential lots containing from
6,000 square feet to 15,000 square feet, it is recommended that the
depth of the block not exceed 300 feet.
(b)
Except where existing conditions or special
plan provisions warrant deviation, no block shall be less than 240
nor more than 350 feet in width.
(c)
If a block exceeds 1,000 feet in length, the
Planning Commission may require that a footpath of not less than 10
feet in width shall be provided at a convenient place to extend across
the width of the block.
F.
Lots.
(1)
The lot arrangement shall be such that they will provide
desirable sites for buildings. Whenever, in the same block, certain
lots are wider than others, the wider lots shall be located at the
corners.
(2)
Double-frontage lots shall be avoided.
(3)
Every lot shall abut on a street or on an officially
approved cul-de-sac.
(4)
Side lot lines shall be approximately at right angles
to the street line on which the lot faces.
(5)
Whenever the subdivision is located in an area affected
by zoning regulations, the lot areas shall be not less than the minimum
areas required in the zoning regulations.
(6)
Where corner lots rear upon lots facing the side street,
the corner lots shall have extra width sufficient to permit the establishment
of front building lines on both the front and the side of the lots
adjoining the streets. Extra width should be provided on all corner
lots irrespective of whether they rear upon lots facing the side streets.
G.
Building lines. Building lines shall be shown on all
plats of lots intended for residential use of any character and on
commercial or industrial lots immediately adjoining residential areas.
In all cases, building lines shall be no less than required by any
zoning or building line regulation applying to the property. Where
the subdivided area is not under zoning control, the subdivider shall
establish building lines in accordance with the needs of each addition.
It is suggested that building lines not be less than 25 feet from
the right-of-way of the street or highway upon which the lot fronts,
except that on side streets not used as lot fronts, building lines
may be not less than 15 feet. Restrictions requiring buildings to
be set back to such building lines shall be shown on the plat.
H.
Political boundaries. Political boundary lines shall
be located along side or rear lot property lines, and, whenever possible,
location of the same along center lines of streets and other public
thoroughfares shall be avoided.
A.
Character of the development. The City Council, Mayor
and then the Planning Commission shall confer with the subdivider
regarding the type and character of development and may agree with
the subdivider as to certain minimum restrictions to prevent the construction
of substandard buildings, which, unless so controlled, might lessen
the value of the proposed subdivision and adjoining property.
B.
Parks, school sites and other common areas. In subdividing
property, consideration shall be given to suitable sites for schools,
parks, playgrounds and other common areas for public use. Any provision
for schools, parks and playgrounds should be indicated on the preliminary
plan in order that it may be determined when and in what manner such
areas will be dedicated to or acquired by the appropriate agency.
C.
Easements along streets. Whenever any stream or important
surface drainage course is located in an area that is being subdivided,
the subdivider shall dedicate an adequate easement along each side
of the stream for the purpose of widening, deepening, sloping, improving
or protecting the stream or for drainage, parkway or recreational
use.
D.
Bench mark. A permanent bench mark shall be accessibly
placed, the location and elevation of which shall be accurately noted
on the subdivision plat.
E.
Street and sidewalk improvements. The rights-of-way
shall be graded (except in cases where unusual topographic conditions
do not permit) at time of construction for their full width to provide
suitable finish grades for pavement, sidewalks and planting strips,
with adequate surface drainage and convenient access to the lots and
the roadway improved by surfacing according to minimum standards established
by the governing Municipal Engineer.
Whenever the tract to be subdivided is one acre
or less in area or whenever, in the opinion of the City Council and
the Commission, it is of such unusual size or shape or is surrounded
by such development or unusual conditions that the strict application
of the requirements contained in these rules would result in real
difficulties and substantial hardships or injustices, the City Council
and the Commission may vary or modify such requirements so that the
subdivider is allowed to develop his property in a reasonable manner
but also so that, at the same time, the public welfare and interests
of the City and surrounding area are protected and the general intent
and spirit of these rules are preserved.
These provisions shall be considered the minimum
requirements for the protection of the public welfare, and the City
Council, through the Planning Commission, reserves the right to modify
or to extend them as may be deemed necessary for the public good.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person, partnership or corporation who or which has violated
the provisions of this article shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the City, pay a judgment
of not more than $500 plus all court costs, including reasonable attorney
fees incurred by the City as a result thereof. No judgment shall commence
or be imposed, levied, or payable until the date of the determination
of a violation by the Magisterial District Judge. If the defendant
neither pays nor timely appeals the judgment, the City may enforce
the judgment pursuant to the applicable Rules of Civil Procedure.
Each day that a violation continues shall constitute a separate violation,
unless the Magisterial District Judge determining that there has been
a violation further determines that there was a good faith basis for
the person, partnership or corporation violating the ordinance to
have believed that there was no such violation, in which event there
shall be deemed to have been only one such violation until the fifth
day following the date of the determination of a violation by the
Magisterial District Judge, and thereafter each day that a violation
continues shall constitute a separate violation.[1]
