[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.