City of New Castle, PA Article 1311 Plat Procedures

§ 1311.01 Pre-application discussion.

[Ord. 6387, passed 8-12-1971]

Prior to the subdivision of any land, the subdivider or his agent shall discuss informally with the City Engineer and the Executive Director of the Planning Commission the property proposed for subdivision with reference to existing regulations and procedures. Such discussion shall be considered confidential between the subdivider and the City Engineer and the Executive Director of the Planning Commission. The purpose of the pre-application discussion is to provide the subdivider with an opportunity to obtain advice, become familiar with subdivision requirements and discover potential problems prior to investing large amounts of money in time and in preparation of plans.

§ 1311.02 Preliminary plat.

[Ord. 6387, passed 8-12-1971; Ord. 7153, passed 3-10-1994]

A preliminary plat will not be necessary for a minor subdivision as defined in Section 1303.1. If a preliminary plat is necessary, then the following shall apply:

(a) Contents. The preliminary plat shall show, on a map, all the facts needed to enable Council and the Planning Commission to determine whether the proposed layout of the land in the subdivision is satisfactory from the standpoint of public interest.

(b) Preparations. The preliminary plat shall be prepared by a registered engineer or surveyor

(c) Filing. The subdivider, 30 days prior to the Council meeting at which consideration is desired, shall forward to the office of the City Clerk three copies of the preliminary plat according to the standards and other provisions of this Subdivision Ordinance. The preliminary plat shall be considered officially filed after it is received at a regular meeting of Council. The City Clerk, within two working days after receiving three copies of the preliminary plat, shall forward to the Planning Commission and City Engineer a copy of the preliminary plat as submitted by the subdivider.

(d) Notice of hearing. Council shall provide for a public hearing on the preliminary plat. Notice shall be given by mail at least 10 days prior to the hearing to all property owners within 300 feet of the extreme limits of the subdivision as their names appear on the municipal tax record. The notice shall state the time and place of the hearing, a brief description of the subdivision and that a copy of the preliminary plat of the subdivision is on file with the City Clerk for public inspection. Council shall also cause to be published a notice of the hearing in the official newspaper, or a newspaper of general circulation in the City at least 10 days prior to the hearing.

(e) Time requirements. Council shall act on the preliminary plat within 40 days after official filing unless such time is extended by agreement with the subdivider or his agent, during which period Council shall receive a written report with the recommendations of the Planning Commission. If no action is taken by Council within such 40 days after filing or such longer period as may have been agreed upon, the preliminary plat as filed shall be deemed approved within the provisions of this Subdivision Ordinance relative to notice of action taken.

(f) Notice of action taken. Council shall determine whether the preliminary plat shall be approved with modifications or disapproved and shall give notice to the subdivider in the following manner:

(1) If approved, the City Clerk shall affix his signature to the plat and attach thereto a notation that is has received preliminary approval and return it to the subdivider for compliance with final approval requirements.

(2) If approved with modifications or disapproved, Council shall attach to the plat a statement of the reason for such action and return it to the subdivider.

(3) The decision of the governing body to approve or disapprove shall be in writing and shall be communicated to the subdivider/applicant personally or mailed to him at his last known address not later than 15 days following the decision.

In any case, the notation of the action taken and the requisite reasons therefor shall be entered in the records of Council.

(g) Effect of approval. Approval of the preliminary plat by Council shall not constitute final acceptance of the subdivision by Council.

(h) Two year approval. Preliminary approval shall confer upon the subdivider the right for a two-year period from the date of approval that the general terms and conditions under which the preliminary approval or grant will not be changed. After such time the preliminary plat will be declared void.

(i) Improvements or bond. Before consideration of a final plat of a subdivision Council must be satisfied that all improvements required by Article 1315 have been constructed. In lieu of the completion of the improvements, a bond executed by a surety company acceptable to the City, based on an estimate by the City Engineer, shall be furnished by the subdivider in an amount equal to the cost of construction of such improvements. The surety will be subject to the condition that the improvements will be completed within two years after approval of the final plat, and in the event they aren't completed, the City may proceed with the work and hold the owner and the bonding company jointly responsible for the costs thereof. As an alternative, the subdivider may deposit a certified check with, and payable to the City Treasurer, in place of the surety bond.

§ 1311.03 Final plat.

[Ord. 6387, passed 8-12-1971; Ord. 7153, passed 3-10-1994]

(a) Scope. The final plat shall have incorporated all changes or modifications required by Council. Otherwise it shall conform to the preliminary plat. However, it may constitute only that portion of the approved preliminary plat which the subdivider proposes to record and develop at the time, provided that such portion conforms with all the requirements of this Subdivision Ordinance.

(b) Preparation. The final plat shall be prepared by a registered engineer or surveyor.

(c) Filing of required matter. After receiving notice of the action of Council approving the preliminary plat, the subdivider shall proceed to file with Council:

(1) Three copies of the final plat.

(2) A written application for final approval.

(3) Cross-sections and profiles of streets, and all other construction drawings related to the improvements to be constructed in the subdivisions.

(4) A statement by the City Engineer certifying that he is in receipt of a map showing all utilities in exact location and elevation, identifying those portions already installed and those to be installed and that the subdivider has complied with all requirements relative to improvements or surety bonding as required in Section 1311.02(i).

(d) Time limits. The final map shall be filed not later than two years after the date of approval of the preliminary plat, otherwise it will be considered void unless an extension is requested in writing by the subdivider and for good cause granted by Council. The final plat shall be filed in the office of the City Clerk at least 30 days prior to the meeting at which it is to be considered. The final plat shall be considered officially filed after it has been received at a regular meeting of Council, and is found to be in full compliance with the formal provisions of these regulations. The City Clerk, two days after receiving the final map, shall forward it to the Planning Commission and the City Engineer.

(e) Notice and hearing. Council shall provide for an adequate public hearing and shall notify by mail at least 10 days prior to the hearing all property owners within 300 feet of the extreme limits of the subdivision as their names appear on the municipal tax records. The notice shall state the time and place of the hearing, a brief description of the subdivision and that a copy of the final plat is on file with the City Clerk for public inspection. Council shall also cause notice of the hearing to be published in the official newspaper, or in a newspaper of general circulation in the City at least 10 days prior to the hearing.

(f) Final tracing. After receiving a written report from the Planning Commission, the City Engineer and Council shall notify the subdivider of any recommended changes or suggestions so that the subdivider may correct the final tracing and submit the same for final approval.

(g) Time requirements. The final plat, in the form of a final tracing, shall then be resubmitted at least 10 days prior to the meeting at which the plan is to be considered by Council. Council shall act on the final plat within 40 days after official filing, unless such time is extended by agreement with the subdivider or his agent or is required to correct and resubmit for final tracing. If no action is taken by Council within the 40 days after filing, or such longer period as may have been agreed upon, the final plat shall be deemed approved and it shall be the duty of Council to comply with Subsection (h)(1) hereof.

(h) Notice of action taken. Council shall determine whether the final plat shall be approved or disapproved and shall give notice to the subdivider in the following manner:

(1) If approved, the President of Council shall affix his signature to the plat and attach thereto a notation that it has received final approval and return it to the subdivider for compliance with recording requirements;

(2) If disapproved, the President of Council shall attach to the plat a statement of the reasons for which actions were taken and return it to the subdivider.

(3) The decision of the governing body to approve or disapprove shall be in writing and shall be communicated to the subdivider/applicant personally or mailed to him at his last known address not later than 15 days following the decision.

In any case, a notation of the action taken and the requisite reasons therefor, shall be entered in the records of the Planning Commission.

(i) Recording. The subdivider shall record the final plat in the office of the County Recorder of Lawrence County, Pennsylvania, within 60 days after the date of approval, otherwise the final plat shall be considered void.

(j) Prints. The subdivider shall, immediately upon recording, furnish the City with as many prints of the final plat as may be reasonably required by the City Engineer.