Borough of Greencastle, PA Article III Control of Subdivisions; Recording; Dedications

[Amended 1-3-1995 by Ord. No. 1995-3]

§ 180-5 Control of subdivisions.

A. From and after the effective date of this chapter no subdivision of any lot, tract, or parcel of land within the Borough shall be made, and no street, sanitary sewer, storm sewer, water main or other facility in connection therewith 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 strict accordance with the provisions of this chapter. No lot in a subdivision may be sold, no permit to erect, alter or repair any building upon land in a subdivision may be issued, and no building may be erected in a subdivision unless and until a plan for the subdivision has been approved by the Borough Council and recorded, and until the improvements required by the Borough Council in connection therewith have either been constructed in strict accordance with the standards and specifications of the Borough or guaranteed as provided in § 180-23F of this chapter. Said standards and specifications, particularly as presented in Article VIII of this chapter, are declared to be a minimum guarantee that all streets shown on any proposed plan are of sufficient width and proper grade and so located as to accommodate the probable volume of traffic thereon, afford adequate light and air, facilitate fire protection, provide access for fire fighting equipment to buildings and provide a coordinated system of streets conforming to the Borough's official plan of streets; and further, that the land whereon buildings are to be constructed is of such character that it can be used for building purposes without danger to health or peril from fire, flood or other hazard.

B. Any subdivision or land development occurring within a floodplain as identified in Chapter 122, the Floodplain Management Ordinance, as amended from time to time, shall be in strict conformity with the provisions of the Subdivision and Land Development Ordinance and the Floodplain Management Ordinance.

[Added 1-3-2012 by Ord. No. 2012-02[1]]

[1] Editor's Note: This ordinance provided for an effective date of 1-18-2012.

§ 180-6 Modifications.

A. The Borough Council may grant a modification of the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this chapter is observed.

B. All requests for a modification shall be in writing and shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of this chapter involved and the minimum modification necessary.

C. The request for modification shall be referred to the Planning Commission for advisory comments.

D. The Borough Council shall keep a written record of all action on all requests for modifications.

E. If literal compliance with any of this article’s requirements or the subdivision and land development requirements contained within the Floodplain Management Ordinance[1] would result in an excessive hardship upon any prospective builder, developer, or landowner, the Borough Council may, upon written request, grant relief from the requirement in question. Notwithstanding any of the following procedures, all structures shall be designed and constructed to withstand the one-hundred-year flood.

[Added 1-3-2012 by Ord. No. 2012-02[2]]

[1] Editor's Note: See Ch. 122, Floodplain Management.

[2] Editor's Note: This ordinance provided for an effective date of 1-18-2012.

§ 180-7 Recording plats and deeds.

A. Upon the approval of a final plat, the developer shall within 90 days of such final approval record such plat in the office of the Recorder of Deeds of Franklin County. The Recorder of Deeds shall not accept any plat for recording unless such plat officially notes the approval of the Borough Council, and review by the County Planning Commission.

B. The recording of the plat shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject plat.

§ 180-8 Effect of plat approval on Official Map.

After a plat has been approved and recorded as provided in this chapter, all streets and public grounds on such plat shall be, and become a part of the Official Map of the Borough without public hearing.