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).
