[Ord. 6387, passed 8-12-1971]
This Title One of the Planning and Zoning Code shall be known
and may be cited as the "Subdivision Ordinance of the City of New
Castle."
[Ord. 6387, passed 8-12-1971]
In interpreting and applying the provisions of this Subdivision
Ordinance the provisions shall be held to be the minimum requirements
adopted for the protection of the public health, safety and welfare
and to provide for a permanently wholesome community environment,
adequate municipal services, safe streets and to provide for the harmonious
development of the City by:
(a) Establishing a system for the orderly development of efficient community
facilities;
(b) Insuring conformance of subdivided lands with the publicly adopted
improvement plans of the City;
(c) Insuring coordination of municipal public improvement plans and programs;
(d) Securing the protection of water resources and drainage ways;
(e) Facilitating the rational movement of traffic;
(f) Securing equitable review of all subdivision plans by providing for
uniform standards and procedures, thus providing suitable sites for
building purposes and human habitation.
[Ord. 7037, passed 2-14-1991]
(a) The City Council of the City of New Castle is vested by law with
the control of the subdivision of land and land development within
the City by Act 247 of 1968, the Pennsylvania Municipalities Planning
Code, as amended. The City Council shall retain the authority to approve
all subdivision plans and land development plans as required herein.
(b) The City Planning Commission is hereby designated by the City Council
as an agency which shall review and make recommendations on preliminary
and final subdivision and land development plans as required herein,
prior to action by the City Council, and when provided by ordinance,
make other recommendations.
[Ord. 6387, passed 8-12-1971]
All plans, plats, or re-plats of lands 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 and shall be approved by Council before
they are recorded. No plan, plat or re-plat shall be received or recorded
in any public office unless the same bears thereon, by endorsement
or otherwise, the approval of the Planning Commission and Council
as provided in this Subdivision Ordinance. The disapproval of any
such plan by Council shall be deemed a refusal of the proposed dedication
shown thereon. The approval of Council shall be deemed an acceptance
of the proposed dedications but shall not impose any duty upon the
City concerning the maintenance or improvement of any such dedicated
parts until the proper authorities of the City have made actual appropriation
of the same by acceptance of the use or improvement. No sewer or other
improvement shall be approved or made within the area under the jurisdiction
of the City until such plan is approved by Council.
[Ord. 7037, passed 2-14-1991]
(a) Interpretation. In interpreting and applying the provisions of this
Ordinance, they shall be held to be minimum requirements for the promotion
of public health, safety, comfort, convenience, and general welfare.
(b) Conflict with Public and Private Provisions.
(1)
Public provisions. Where any provision of this Ordinance imposes
restrictions different from those imposed by any other provision of
law, whichever provisions are more restrictive or impose higher standards
shall control.
(2)
Private provisions. This Ordinance is not intended to abrogate
any easement, covenant or any other private agreement or restriction,
provided that where the provisions of this Ordinance are more restrictive
or impose higher standards or regulations than such easement, covenant,
or other private agreement or restriction, the requirements of this
Ordinance shall govern. Where the provisions of the easement, covenant
or private agreement or restriction impose duties and obligations
more restrictive, or higher standards than the requirements of these
regulations, or the determinations of the City Council in approving
a subdivision or in enforcing this Ordinance, and such private provisions
are not inconsistent with this Ordinance or determinations thereunder,
then such private provisions shall be operative and supplemental to
these regulations and determinations made thereunder.
[Ord. 7037, passed 2-14-1991]
(a) The City Council may grant a modification of the requirements of
one or more provisions of this Ordinance 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 Ordinance is observed.
(b) All requests for modification shall be in writing and shall accompany
and be 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
Ordinance involved and the minimum modification necessary.
(c) The request for modification shall be referred to the City Planning
Commission for advisory comments.
(d) The City Council shall keep a written record of all action on all
requests for modifications.
[Ord. 7037, passed 2-14-1991]
If any sentence, clause, section or part of this Ordinance is
for any reason found to be unconstitutional, illegal or invalid, such
unconstitutionality, illegality or invalidity shall not affect or
impair any of the remaining provisions, sentences, clauses, sections
or parts of the remaining provisions, sentences, clauses, sections
or parts of this ordinance. It is hereby declared as the intent of
the Council of the City of New Castle that this ordinance would have
been adopted had such unconstitutional, illegal or invalid sentence,
clause, section or part thereof not been included herein.
[Ord. 7037, adopted 2-14-1991]
All ordinances or parts of ordinances which are inconsistent
herewith are hereby repealed.