This chapter shall be known and may be cited as the "New Kensington
Subdivision and Land Development Ordinance."
This chapter is adopted for the following purposes:
A.
To accomplish the orderly, efficient and coordinated
development of the city.
B.
To protect and promote the health, safety, morals and
general welfare of the residents of the city.
C.
To secure equitable handling of all subdivision and land
development plans by providing uniform procedures and standards.
No subdivision or land development of any lot, tract or parcel of land
shall be made and no street, sanitary sewer, storm sewer, water main or other
improvements in connection therewith shall be laid out, constructed, opened
or dedicated for public use or travel or for the common use of occupants of
buildings abutting thereon except in accordance with the provisions of this
chapter.
A.
Where, because of peculiar conditions, a literal enforcement
of this chapter would exact undue hardship pertaining to the land in question,
the City Council may grant a modification thereto, provided that such modification
is not contrary to the public interest and provided, further, that the purpose
and intent of this chapter are observed.
B.
For purposes of encouraging flexibility, economy and
ingenuity in subdivision and land developments and where a literal enforcement
of this chapter would result in undue hardship or be contrary to demonstrated
modern and evolving principles of site planning and development, the City
Council may, after application to and review and recommendation by the Planning
Commission, make such reasonable exceptions to the effects of this chapter
as will not be contrary to the public interest; as will not be contrary to
the purpose and intent of this chapter; which will be in accord with sound
planning practices; and which will provide for equal or better results. In
making such exceptions, the Council may impose reasonable conditions and obligations
upon the applicant necessary to ensure that the objectives of this chapter
are met.
Whenever there is a difference between minimum standards or dimensions
specified herein and those contained in other regulations, resolutions or
ordinances of the city, the most restrictive standards shall apply.
The grant of a permit or approval of a subdivision and/or land development
plan shall not constitute a representation, guaranty or warranty of any kind
by the city or by any official, agent or employee thereof as to the advisability
or practicability of the proposed use, nor shall any such approval represent
any guaranty or warranty as to the accuracy of the information provided by
a developer. Approval of a plan shall create no liability upon the city, its
officials, agents or employees.
All plats containing or having located thereon streets, roads, highways,
alleys, rights-of-way or other easements, either public or private, shall
contain either or both of the following notices:
A.
All plats containing or having thereon any private street
shall have conspicuously placed upon said plat the following notice:
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Notice to all lessees, purchasers, owners, their heirs, administrators,
successors and assigns. This is to notify all prospective lessees, purchasers,
owners, their heirs, administrators, successors and assigns that the street
shown on said plan is a private road, and the City of New Kensington shall
not be responsible for any construction, improvement, maintenance or repair
of said private road.
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B.
All plats containing or having thereon any street, road,
highway, alley, right-of-way or easement dedicated to the public or intended
for public use shall have conspicuously placed upon said plat the following
notice:
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The approval of this plat by the City of New Kensington does not constitute
an acceptance of the dedication of any street, road, highway, alley or its
right-of-way nor any sanitary or storm sewer system or its appurtenances nor
any water mains or appurtenances nor the easements for the same. Likewise,
the approval of this plat by the City of New Kensington shall not impose any
duty upon the city for the construction, improvement, maintenance or repair
of any such streets, roads, highways, alleys, sanitary or storm sewers or
water mains. The requirement remains with the subdivider, developer and/or
the owner or lessee of the land to ensure that all such public improvements
shown on this plan are in fact made in accordance with these plans and this
chapter and in accordance with the other applicable city, state or federal
regulations. In addition, approval of this subdivision plan by the City of
New Kensington shall not constitute a waiver of any right on the part of the
City of New Kensington and/or on the part of any other agency or authority
to make, charge and assess properties within this subdivision or land development
for municipal improvements and file any municipal claims and liens for the
same or otherwise collect the cost of the same as provided by law.
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The provisions of this chapter, insofar as they are the same as those
of the subdivision regulations in effect immediately prior to the enactment
of this chapter, are intended as, and shall be construed as, a continuation
of such provisions. The provisions of this chapter shall not affect any suit
or prosecution instituted, pending or concluded to enforce any right, rule,
regulation or provision or to punish any offense under such prior provisions
of the subdivision regulations.
