This chapter shall be known and may be cited as "The City of
Washington Subdivision and Land Development Ordinance."
The City Council of the City of Washington, by the authority granted pursuant to Article V of the Pennsylvania Municipalities Planning Code, Act of 1968, P.L. 805, No. 247,[1] as reenacted and amended, have adopted these regulations
governing the subdivision and development of land within the City
limits.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
This chapter is established for the purpose of assuring sites suitable for building purposes and human habitation, to provide for the harmonious development of the City in accordance with the Comprehensive Development Plan, to complement Chapter 350, Zoning, for the coordination of existing development with proposed development within the City, and for adequate open spaces, for proper traffic flows, recreation, light, and air, and for proper distribution of population, thereby creating conditions favorable to the health, safety, morals, and general welfare of the citizens.
A.
City Council
shall, with the recommendation of the Planning Commission, review
and act upon as appropriate all subdivision and land development plans
as defined in this chapter which are located entirely or in part of
the City of Washington.
B.
Subdivision and land development. No subdivision or land development of any lot, tract, or parcel of land, as defined in Article II, shall be made, and no street, alley, sanitary sewer, storm drain, water main, gas, oil or electric line, or other improvements in connection therewith shall be laid out, constructed, or dedicated for public use or travel, or for the common use of occupants of a building abutting thereon, except in strict accordance with this chapter.
C.
Sale of lots, issuance of building permits, or erection of buildings.
No lot in a subdivision or land development may be sold, and no permit
to erect, alter, or repair any building upon land in a subdivision
or land development will be issued unless and until a subdivision
and/or land development plan has been approved, and where required,
recorded, and until the required improvements in connection therewith
have either been constructed or guaranteed for construction in the
form of a bond, escrow, or other means approved by the City of Washington
under the advice of the City of Washington Engineer and Solicitor,
in accordance with the laws of the Commonwealth of Pennsylvania.
D.
Condominiums. No provision of this chapter shall be construed to
prohibit condominium ownership as permitted by the applicable enabling
legislation of the Commonwealth of Pennsylvania.
In their interpretation and application, the provisions of this
chapter shall be minimum requirements. Wherever the requirements of
this chapter are at conflict with the requirements of any other lawfully
adopted rules, regulations, ordinances, deed restrictions or covenants,
the most restrictive, or that imposing the highest standards, shall
govern.
The layout or arrangement of the subdivision or land development shall conform to the Comprehensive Plan and to any regulations or maps adopted in furtherance thereof, including, but not limited to, Chapter 350, Zoning.
Hereafter, except as provided in this chapter, any plan of any
subdivision, street or development of land not approved by the Planning
Commission or City Council in accordance with the provisions and procedure
as set forth herein shall be null and void.
A.
From the time an application for approval of a plan, whether preliminary
or final, is duly filed as provided in this chapter, and while such
application is pending approval or disapproval, no change or amendment
of the zoning, subdivision and land development or other governing
ordinance or plan shall affect the decision on such application adversely
to the applicant and the applicant shall be entitled to a decision
in accordance with the provisions of the governing ordinances or plans
as they stood at the time the application was duly filed.
B.
In addition, when a preliminary application has been duly approved,
the applicant shall be entitled to final approval in accordance with
the terms of the approved preliminary application as hereinafter provided.
However, if an application is properly and finally denied, any subsequent
application shall be subject to the intervening change in governing
regulations.
The City of Washington may grant a modification of the requirements
of this chapter through a waiver if strict application of these requirements
would be unreasonable or cause undue hardship, or when an alternative
standard can be demonstrated to provide equal or better results, provided
that such waiver will not be contrary to the public interest and that
the purpose and intent of the chapter is observed. All requests for
modifications shall be provided in writing and be part of the application
for subdivision and/or land development. In the request for a modification,
the applicant shall:
