This chapter shall be known and may be cited as the "City of Coatesville
Subdivision and Land Development Ordinance of 1995."
The purposes of this chapter are:
A.
To assure sites suitable for building purposes and human
habitation and use.
B.
To assist in the harmonious, orderly, efficient and integrated
development of the city.
C.
To promote and protect the health, safety and welfare
of the residents of the city.
D.
To ensure that the arrangement and design of subdivisions and land developments conform to the Comprehensive Plan; the Open Space, Recreation and Environmental Resources Plan; the Act 537 Sewage Facilities Plan; Chapter 224, Zoning; and all other applicable ordinances, codes, regulations, plans and maps.
E.
To facilitate and accommodate existing and future pedestrian
and vehicular movement, fire protection and the rendition of other essential
services, through a coordinated system and design of streets and alleys.
F.
To ensure the coordination and conformity of subdivision
and/or land development plans with the public improvement plans of the city
regarding such facilities as streets, alleys, parks, sewers and other facilities,
utilities or improvements.
G.
To establish minimum standards for the design and construction
of improvements, which aid in the use and enjoyment of land, such as streets,
alleys, sidewalks, adequate drainage and water and sewage facilities.
H.
To establish a uniform and equitable procedure for the
review and processing of subdivision and/or land development plans.
I.
To establish standards to ensure that developments are environmentally
sound by requiring preservation of existing natural features to the greatest
extent possible in areas to be affected by excavation, construction or other
land development activities.
J.
To establish minimum standards for the design and construction
of improvements to preclude adverse environmental effects, such as flooding,
soil erosion, sedimentation, deforestation and water pollution.
K.
To establish standards for the administration of this
chapter.
The provisions of this chapter shall be deemed to be the minimum requirements
necessary to meet the foregoing purposes. However, when interpreting the provisions
of this chapter, the following shall be noted:
A.
Where the life, health, safety or property of persons
may be menaced or jeopardized by the application of any of the requirements
of this chapter due to special or unique conditions, more stringent or restrictive
requirements may be applied or imposed by the City Council to eliminate or
alleviate such menace or jeopardy.
B.
Where the provisions of this chapter will inflict unnecessary hardship upon the applicant due to special or unique conditions, reasonable modifications to such provisions may be made by the City Council as will not be contrary to the foregoing purposes or to the public interest, upon prior recommendation of the City Planning Commission, in accordance with § 197-76.
C.
Where it is desirable to effect economy and ingenuity in the layout of subdivisions and land developments and to protect sensitive natural features, modifications of site requirements may be made in accordance with the guidelines set forth in § 197-76, and the City Council may alter site requirements for encouraging other practices which are in accordance with modern and evolving principles of site planning and land development.
D.
Where the provisions of this chapter impose more stringent
requirements than those of any other applicable code, statute, ordinance or
regulation, the provisions of this chapter shall prevail; where the provisions
of any other code, statute, ordinance, code or regulation impose more stringent
requirements than those of this chapter, such code, statute, ordinance or
regulation shall prevail.
In accordance with Article V, § 501, of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] the Coatesville City Council shall have the authority to regulate
subdivision and/or land development within the city by enacting this Subdivision
and Land Development Chapter. Through such authority, the following shall
apply:
A.
No subdivision, resubdivision or land development of any lot, tract or parcel of land within the city shall be made and no street, alley, sanitary sewer, capped sewer, storm sewer, water main, street tree or other such facilities in connection therewith or other improvements of any kind 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, Chapter 224, Zoning, as amended, and all other city codes, ordinances, regulations, plans and maps, as amended from time to time.
B.
No lot in a subdivision may be sold, no permit to erect, alter or add to any building or other structure or portion thereof upon land in a subdivision or land development may be issued and no building may be erected in a subdivision or land development unless and until a subdivision and/or land development plan, filed in accordance with this chapter, has been approved and, where required, recorded and proof of such supplied to the city in accordance with § 197-15; unless and until the required improvements in connection therewith along, upon or through the lot or lots to be sold or built upon and to an existing improved street or alley have been constructed and approved or, in lieu thereof, the city has been assured of the completion of such construction and the maintenance thereof by means of a completion and maintenance guaranty in the form of a bond or other security sufficient to cover the cost of the required improvements and their maintenance as set forth in Article IX.
C.
The following are subject to the regulations of this
chapter:
(1)
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving a group of two or
more residential or nonresidential buildings, whether proposed initially or
cumulatively, or a single nonresidential building on a lot or lots, regardless
of the number of occupants or tenure; or the division or allocation of land
or space, whether initially or cumulatively, between or among two or more
existing or prospective occupants by means of or for the purpose of streets
common areas, leaseholds, condominiums, building groups or other features.
(2)
A subdivision of land, including the division or redivision
of a lot, tract or parcel of land by any means into two or more lots, tracts,
parcels or other divisions of land, including changes in existing lot lines
for the purpose, whether immediate or future, of lease, partition by the court
for distribution to heirs or devisees, transfer of ownership or building or
lot development.
[1]
Editor's Note: See 53 P.S. § 10501.
A.
The Coatesville City Council shall have jurisdiction
of subdivision and land development within the city. In order that the actions
of the City Council under this chapter may be correlated with all relevant
data and procedures, the City Council hereby designates the City Planning
Commission as the agency to which the following responsibilities are assigned:
(1)
To review, upon filing with the City Manager, all applications
for either preliminary or final approval of subdivision and/or land development
plans.
(2)
To engage in preliminary consultations with the applicant
relating to such plans.
(3)
To make recommendations to the City Council concerning
approval, disapproval, modification and conditions of approval of such plans.
(4)
To make recommendations to the City Council concerning
the rationale for the granting of modifications to the provisions, requirements
and standards of this chapter.
(5)
Review the Subdivision and Land Development Chapter and
make recommendations to the City Council on proposed amendments to it.
(6)
In the performance of its functions, enter upon any land
to make examinations and surveys, with the consent of the owner.
B.
The Coatesville City Council may designate to the City
Planning Commission or to other boards or commissions of the city the following
responsibilities:
(1)
To review and make recommendations to the City Council
concerning the adequacy or appropriateness of open space, parks or recreation
proposed through preliminary or final subdivision and/or land development
plans.
(2)
To review and make recommendations to the City Council
concerning the impact upon historic resources of the city proposed through
preliminary or final subdivision and/or land development plans.
(3)
To review and make recommendations to the City Council
concerning the consistency with the City Act 537 Plan and adequacy of any
public sanitary sewerage system proposed through preliminary or final subdivision
and/or land development plans.
C.
The Coatesville City Council hereby designates the City
Manager as the person to determine whether or not any preliminary or final
plan submission is complete and acceptable to the city for the purpose of
establishing the date of filing.
(1)
The City Manager or designated representative shall,
within 10 business days, inspect such submission to see if the following have
been submitted:
(2)
In the event that the submission is found to be incomplete,
the City Manager or designated representative shall notify the applicant in
writing by certified mail, return receipt requested, and inform the applicant
that the date of filing will not be effective until all required forms, fees,
types and copies of plans and papers are submitted.
D.
The City Manager or his or her representative shall enforce
the provisions of this chapter and the accompanying design standards and requirements.
E.
Inspection of actual construction under any approved
subdivision and/or land development plan shall be the responsibility of the
city, which shall undertake reasonable measures to provide an adequate inspection
of all projects.
F.
In the event of any action inconsistent with the provisions
of this chapter, the City Council or its authorized representative may issue
a cease and desist order or take such other appropriate action as is deemed
necessary under the circumstances.
All other ordinances or parts of ordinances inconsistent herewith are
hereby repealed, except as they relate to pending applications submitted prior
to the effective date of this chapter and previously approved subdivision
and/or land development plans in accordance with § 508(4) of the
Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 101508(4).
