[Amended 9-8-2021 by Ord. No. 5758]
This chapter shall be known and may be cited as the "City of
Easton Subdivision and Land Development Ordinance of 2007," hereinafter
referred to as the "City of Easton Subdivision and Land Development
Ordinance." The regulations adopted hereunder shall be known and may
be cited as the "City of Easton Subdivision and Land Development Regulations
of 2007," hereafter referred to as the "City of Easton Subdivision
and Land Development Regulations" or "Subdivision and Land Development
Ordinance."
The purpose of the chapter is:
A.
To ensure sites suitable for building purposes and human habitation
and to provide for the harmonious development of the City;
B.
To coordinate the existing streets with proposed streets, parks or
other features of the City's Official Map;
C.
To provide adequate open spaces for traffic, recreation, light and
air and for proper distribution of population, thereby creating conditions
favorable to the health, safety, morals and general welfare of the
residents of the City; and
D.
To establish rules for the submittal and processing of plats relating
to land subdivision and/or development and establish regulations,
rules and standards for the design and construction of subdivisions
and land developments in accordance with the City of Easton Comprehensive
Plan and the spirit, purposes and the intent of this Planning and
Zoning Code; suitable for the property in question and designed, constructed,
operated and maintained so as to be in harmony with and appropriate
in appearance to the existing or intended character of the general
vicinity; and in accordance with sound standards of land development
practice.
[Amended 9-8-2021 by Ord. No. 5758]
From and after the effective date of this chapter, all plats,
plots or re-plots of lands proposed for development and/or laid out
in building lots and the streets or other portions of the same intended
to be dedicated to public use or for the use of purchasers or owners
of lots fronting thereon or adjacent thereto and located within the
City limits shall be submitted to the City Planning Commission and
be approved by it before it shall be recorded. No plan, plot or re-plot
shall be received or recorded in any public office unless the same
shall bear thereon, by endorsement or otherwise, the approval of the
City Planning Commission, as required by law. From and after the effective
date of this chapter, no plan or plot of streets within the City limits
shall be entered in any public office of the County of Northampton
until also approved by Council.
From and after the effective date of this chapter, no sewer,
water or gas main or pipes or other improvement shall be voted or
made within the area under the jurisdiction of the City Planning Commission
for the use of any such purchasers or owners, nor shall any permit
for connection with or other use of any such improvement existing
or for any other reason made be given, to any such purchasers or owners
until such plan is so approved and, where required, recorded.
In interpreting the provisions of this chapter, they shall be
held to be minimum requirements for the creation of conditions favorable
to the health, safety, morals and general welfare of the residents
of the City. Where the provisions of this chapter adopted hereunder
impose greater restrictions than those of any other ordinance or regulations,
the provisions of this chapter adopted hereunder shall control. Where
the provisions of any other ordinance or regulations impose greater
restrictions than this chapter adopted hereunder, the provisions of
such other ordinance or regulations shall control. The Subdivision
and Land Development Ordinance adopted hereunder is not intended to
interfere with, abrogate or annul any easement, covenant or other
agreement between private parties. However, where this chapter adopted
hereunder imposes greater restrictions than those imposed by any such
easement, covenant or other agreement, the provisions of this chapter
adopted hereunder shall control. Where any such easement, covenant
or other agreement imposes greater restrictions than those imposed
by this chapter adopted hereunder, the provisions of the easement,
covenant or other agreement shall control.
The parts of the Subdivision and Land Development Ordinance
adopted hereunder to carry out the purpose of this chapter include
definitions, design standards, plan requirements, plan processing
procedures, improvement construction requirements and conditions of
acceptance of improvements.
Any subdivider or land developer aggrieved by a finding, decision
or recommendation of the Planning Commission may request and receive
opportunity to appear before Council, present additional relevant
information and request reconsideration of the original finding, decision
or recommendation upon written request within 30 days of notification
of the Commission's action.
In any case where Council disapproves a subdivision or land
development plan located within the City limits, any person aggrieved
thereby may, within 30 days thereafter, appeal therefrom, by petition
to the Court of Common Pleas of Northampton County, Pennsylvania,
which Court shall hear the matter de novo and, after hearing, enter
a decree affirming, reversing or modifying the action of Council as
may appear just in the premises. The Court shall designate the manner
in which notices of the hearing of any such appeal shall be given
to all parties interested. The decision of the Court shall be final.
To defray the expense of processing subdivision and/or land
development applications and the expense of review and inspection
activities incurred by the City as a result thereof, the following
schedule of fees shall apply.
A.
For a minor subdivision involving no more than three existing or
proposed lots and/or dwelling units abutting existing improved streets,
the sum of the following:
(2)
Legal expenses shall be determined in accordance with rules and procedure set forth in Subsection B(2) hereof.
(3)
Field inspection, review and processing expenses shall be established by the City Engineer and the Department of Planning and Development and approved by Council after giving due consideration to other permit/inspection fees applicable under City ordinances, with a maximum cost not to exceed an amount as specified in Chapter 285, Fees.
B.
For other minor subdivisions and/or land developments, the sum of
the following:
(1)
For each filing of a subdivision application and/or development plan, the fee shall be as specified in Chapter 285, Fees.
(2)
Legal expenses shall be based on the hourly rate schedule to be prepared
and updated in January of each year by the City Solicitor after giving
due consideration to the various categories of legal and associated
work required. The hourly rate schedule and updates shall become effective
immediately upon adoption by resolution of the Planning Commission.
The total fee for legal expenses shall not exceed actual cost calculated
in accordance with hourly rate schedule effective 30 days prior to
Planning Commission action on final plan.
(3)
Review, processing and field inspection expenses shall be established
by the City Engineer and Department of Planning and Development and
approved by Council after giving due consideration to other permit/inspection
fees applicable under City ordinances, with maximum costs not to exceed
actual costs incurred by the City.
C.
For a major subdivision, the sum of the following:
(2)
Legal expenses shall be determined in accordance with rules and procedure set forth in Subsection B(2) hereof.
(3)
Review, processing and field inspection expenses shall be established
by the City Engineer and Department of Planning and Development and
approved by Council after giving due consideration to other permit/inspection
fees applicable under City ordinances and to the need to employ extra
inspectors, with maximum costs not to exceed actual costs incurred
by the City. No final plan shall be approved unless all fees and expense
charges are paid in full or unless escrow accounts satisfactory to
the City Solicitor have been established for payment of fee and expense
charges incurred by the subdivider and/or developer prior to plan
approval and for payment of fee and expense charges expected to be
incurred after plan approval.
It shall be the duty of Council to enforce this chapter adopted
hereunder for any subdivision located within the City limits. Council
shall, on its own initiative or upon receipt of pertinent information,
proceed to the remedy of violations. All officers or officials of
the City vested with the duty or authority to issue permits shall
conform with the provisions of this chapter adopted hereunder and
shall issue no permits or licenses in conflict with this chapter adopted
hereunder. Any permit or license issued in conflict with this chapter
adopted hereunder shall be null and void.
Council or its duly appointed agent shall serve a written notice
of violation or order on the owner, subdivider or land developer responsible
for any violation of the provisions of this chapter adopted hereunder.
Such order shall direct the discontinuance of the illegal action or
condition and the abatement of the violation.
A.
If the written notice of violation is not complied with promptly,
Council shall request the City Solicitor to institute in the name
of the City any appropriate action or proceeding at law or in equity
to prevent, restrain, correct or abate such violation of the provisions
of this chapter or of the order or direction made pursuant thereto.
B.
In the event that required improvements have not been installed in
accord with the approved plan and/or agreement between the City and
the subdivider and/or land developer, including supporting documentation
submitted by the subdivider and/or land developer and approved by
the City in connection with the approved plan and/or agreement, Council
shall authorize the City Solicitor to institute proceedings for enforcing
any corporate bond or other security in accordance with Section 511
of the Pennsylvania Municipalities Planning Code (Act 247),[1] as amended.
[1]
Editor's Note: See 53 P.S. § 10511.
Any person, partnership or corporation, who or which being the
owner or agent of the owner of any lot, tract or parcel of land, shall
subdivide, lay out in lots, construct, open or dedicate any street,
sanitary sewer line, storm sewer line, water main or other improvements
for public use, travel or other purposes or for the common use of
occupants of buildings abutting thereon, or who sells, transfers or
agrees or enters into an agreement to sell any land in a subdivision
or land development whether by reference to or by other use of a plat
of such subdivision or land development, or erect any building thereon,
unless and until a final plat has been prepared in full compliance
with the provisions of this chapter and has been recorded as provided
herein, is guilty of a misdemeanor and, upon conviction thereof, such
person or the members of such partnership or the officers of such
corporation or the agent of any of them, shall be fined not more than
$500 per lot or parcel or per dwelling within each lot or parcel.
All such fines collected shall be paid to the City. The description
by metes and bounds in the instrument of transfer or other document
used in the process of selling or transferring shall not exempt the
seller or transferor from such penalties or from the remedies herein
provided.
The imposition of the penalties herein prescribed shall not
preclude the Council from instituting appropriate action to prevent
unlawful continuance of any violation of the provisions of this chapter
or to restrain, correct or abate a violation or to prevent illegal
use or sale of any lot in violation of the provisions of this chapter.
A waiver or modification to the minimum standards of this chapter
may be requested when the literal compliance with mandatory provisions
is shown to the satisfaction of the Commission, where applicable,
to be unreasonable, to cause undue hardship, or when an alternative
standard can be demonstrated to provide equal or better results.
A.
The Commission may grant a modification of the subdivision and land development requirements of one or more provisions 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, and that such request for modification is not in conflict with the requirements of Chapter 595, Zoning.
B.
All requests for a modification shall be in writing and shall accompany
and be a part of the application for subdivision and/or land 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 the chapter involved and the minimum modification necessary.
The provisions of this chapter may, from time to time, be supplemented,
amended or repealed all or in part by the vote of the majority of
members of the Planning Commission and concurred in by a majority
of the members of Council and in accordance with the same process
as required for the original enactment of this chapter.
The Subdivision and Land Development Ordinance is hereby adopted
by the Easton City Planning Commission and recommended for adoption
by Council.
