The official title of this Part 1 is the "Lake
City Borough Subdivision and Land Development Ordinance." This Part
1 shall take effect on May 16, 1994. This Part 1 repeals and replaces
the former Borough Subdivision Ordinance which was adopted on March
17, 1986, as well as all amendments made thereto.
The provisions of this Part 1 shall be held
to be minimum requirements, adopted for the promotion of the public
health, safety and general welfare. Whenever the requirements of this
Part 1 are at conflict with the requirements of any other lawfully
adopted rules, regulations, or ordinances, the most restrictive, or
that imposing the higher standards, shall govern.
Should any section or provision of this Part
1 be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the part as a whole, or any part thereof other than the specific part so declared to be unconstitutional or invalid.
This Part
1 is adopted and designed pursuant to the authority vested in the borough by the Pennsylvania Municipalities Planning Code, PA Act 247 of 1968, as amended, Section 501.
No subdivision or land development or any lot,
tract or parcel of land shall be effected; no street, sanitary sewer,
storm sewer, water main or other facilities in connection therewith
shall be laid out, constructed, opened or dedicated for public use
and travel, or the common use of occupants of buildings abutting thereon;
except in full compliance with all provisions of this Part 1. No lot
in a subdivision may be sold, no permit to erect, alter or repair
any building in a subdivision may be issued, unless and until a plan
of such subdivision shall have been approved and properly recorded,
and until the improvements required by the Borough Council in connection
therewith shall have either been constructed or guaranteed as herein
provided.
The provision within this Part
1 are design to fulfill the objectives cited in §
57-6. The degree of protection sought by the conditions and requirements of this Part
1 for the present and future residents and landowners in the borough is considered reasonable for regulatory purposes. This Part
1 does not imply that compliance with the minimum requirements will be free from inconvenience, conflicts, dangers or damages. Therefore, this Part
1 shall not create liability on the part of individual members of the Borough Council or any officer, appointee or employee of the borough for any damages that may result from reliance on this Part
1 or any administrative decision lawfully made thereunder.
Where, owing to special conditions, a literal enforcement of this Part
1 would result in unnecessary hardship, the Borough Council may make such reasonable modification of the requirements in this Part
1 that will not be contrary to public interest, and may permit the sale of a lot, issuance of a permit or erection of a building subject to conditions necessary to assure adequate streets and other public improvements, in compliance with Section 512.1 of the Planning Code.
Plans of subdivision shall be reviewed by the
County Planning Department. Before the approval of a plan by the borough,
the borough shall transmit the plat and five copies of the plan to
the County Planning Department for review, comments and recommendation.
Pending the receipt and consideration of such comments and recommendations,
the borough shall defer action thereon, but if such report is not
received by the borough within 30 days from submission of the plan
(and all applicable information) to the County Planing Department,
or within such further time as may be agreed upon by the Borough Council,
the borough may proceed to final action thereon.
Plans of subdivisions shall be reviewed by the
County Health Department. Before the approval of a plan by the borough,
it will be the responsibility of the developer to contact the County
Health Department in order to determine what steps will need to be
taken to comply with current state law regarding sewage disposal systems
and/or facilities.