All proposed subdivisions or land developments shall be coordinated
and planned so as to be compatible with adjoining or nearby neighborhoods
or approved subdivisions or land developments to the end that harmonious development
will result. Such coordination shall also pertain to subdivisions or land
developments located adjacent to neighboring municipalities.
All work and materials shall be subject to inspection for conformity
with the terms of this chapter by the Code Administrator, Assistant Code Administrator,
City Engineer, Building Inspector, Plumbing Inspector or designated representatives.
A.
When any work or materials are determined by the city's
representative not to be in compliance with the terms of this chapter or any
other city ordinance, code, regulation, plan or map or at variance with any
permit issued therefor, the city's representatives may, by notice in writing
or verbal order followed by notice in writing, direct that all work upon improvements
in the subdivision or land development shall forthwith stop until such noncompliance
or variance is corrected. Except as the city's representative may deem necessary
to prevent injury or damage to persons or property, no work shall thereafter
be performed upon the same except in accordance with the order of the city's
Engineer, Building Inspector or designated representative.
B.
No underground pipes, works, lines, structures, subgrades
or base courses shall be covered until the same shall be inspected and approved
by the City Engineer; and if the same have been covered contrary to the provisions
hereof, upon the order of the City Engineer, the landowner or developer shall
cause the same to be forthwith uncovered, at his or her expense, so as to
permit the inspection thereof.
C.
When an inspection of any improvements shall be required
or desired by the landowner or developer, the landowner or developer shall
give the City Engineer 48 hours' notice in advance.
When a subdivision and/or land development plan has been approved and
recorded in accordance with the provisions of this chapter and the improvements
thereon completed and approved by the City Council or, in lieu thereof, an
improvement bond or other security has been furnished the city, the purchasers
and mortgagees of lots in the subdivision or land development shall be relieved
of any and all liability for any deficiency in, lack of or failure to complete
said improvements by the landowner or developer; and any failure to complete
or properly complete said improvements shall not encumber any lot or lots
in said subdivision or land development.
Before acting upon any subdivision and/or land development plan, the
City Council may conduct a public hearing thereon, pursuant to public notice.
The landowner and/or developer shall notify in writing all builders
and/or contractors that they shall perform all work in accordance with the
regulations and requirements of this chapter and such other city ordinances,
codes, regulations, plans and maps as shall be applicable thereto. Such notification
shall be submitted to the city prior to construction and placed on file.
The Planning Commission may recommend to the City Council that the site
requirements of this chapter for a subdivision and/or land development be
modified or altered in order to encourage or promote economy and ingenuity
in the layout and design of subdivisions and land development, to more effectively
protect unique and/or sensitive natural areas or to more effectively conform
to the purposes of this chapter, as follows:
A.
With respect to encouraging or promoting economy and
ingenuity in the layout and design of subdivisions and land developments,
the Planning Commission may recommend modifications to site requirements for,
but not limited to, the following types of proposals:
B.
With respect to more effectively protecting various sensitive
natural areas, the Planning Commission may recommend modifications to site
requirements for, but not limited to, the following types of proposals:
(1)
Those which would more effectively protect existing trees
and woodlands.
(2)
Those which would minimize extensive grading and the
displacement of soil.
(3)
Those which would minimize surface water runoff and improve
the management of stormwater.
(4)
Those which would preserve historic or cultural sites
or structures.
(5)
Those which would minimize visibility of development
and protect existing visual quality.
C.
In granting modifications to the landowner or developer,
the City Council may impose such conditions as will, in its judgment, secure
substantially the objectives of the standards or requirements so varied or
modified.
D.
In addition to the foregoing, one or more provisions
of this chapter may be modified by the City Council, upon recommendation of
the Planning Commission, if the literal enforcement of the provisions will
exact undue hardship because of peculiar conditions pertaining to the land
in questions, provided that such modification will not be contrary to the
public interest and that the purpose and intent of this chapter are observed.
(1)
All requests for a modification shall be in writing and
shall accompany and be a part of the preliminary or final plan application
for subdivision and/or land 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 chapter involved and the minimum
modification necessary.
(2)
The Planning Commission shall keep a written record of
all action on all requests for modifications.
(3)
The City Council may authorize a waiver of these regulations.
In granting any modification, the City Council shall prescribe any conditions
that they deem necessary to or desirable for the public interest. In making
their findings, the City Council shall take into account the nature of the
proposed use of land and the existing use of land in the vicinity, the probable
effect of the proposed subdivision and/or upon traffic conditions, fire, police
protection and other utilities and services in the vicinity. No modification
shall be granted unless the City Council finds that:
(a)
There are special circumstances or conditions affecting
said property such that the strict application of the provisions of this chapter
would deprive the applicant of the reasonable use of this land.
(b)
The modification is necessary for the preservation and
enjoyment of a substantial property right of the applicant.
(c)
The granting of the modification will not be detrimental
to the public welfare or injurious to other property in the area in which
said property is situated.
A.
An impact assessment and mitigation report shall be submitted
for the following:
(1)
Any proposed subdivision or land development which involves
a conditional use, special exception or variance.
(2)
Any subdivision or land development which involves five
or more residential lots or dwelling units.
(3)
Any industrial use.
(4)
Any commercial use of 5,000 square feet or greater (gross
floor area).
(5)
Any petition for a Zoning Map amendment or any petition
for a zoning text change which would involve any of the above proposals.
(6)
Any widening or extension of an existing street or alley.
(7)
Institutional use of 10,000 square feet or greater (gross
floor area).
B.
The impact assessment and mitigation report shall be
prepared by a design professional and shall address the following:
(1)
A site development plan, including notes pertaining to
the number and type of lots or units, the square footage and/or acreage of
the lot(s) and a depiction of the features which are proposed, such as streets,
alleys, driveways, parking areas, buildings and other structures and all impervious
surfaces. The plans shall be drawn at a scale of not more than 50 feet to
the inch and may be submitted as an attachment to the report.
(2)
Floor plans and elevations depicting the proposed size,
square footage and height of buildings and/or other proposed structures.
(3)
A statement indicating the existing and proposed ownership
of the lot(s) and, where applicable, the type of ownership, operation and
maintenance proposed for areas which may be devoted to open space or otherwise
not under the control of a single lot owner.
(4)
A statement indicating the proposed staging or phasing
of the proposed development and a map depicting the boundaries of each stage
or phase of the same. Such boundaries shall be superimposed on a version of
the site development plan.
(5)
An identification of the land use conditions and characteristics
associated with the lot(s), such as current and past use, land cover and encumbrances,
and the relationship of these to adjacent lot(s). The identification of land
use conditions and characteristics shall include a narrative description of
the above. In addition, the following maps, drawn at a scale of not more than
50 feet to the inch, shall be incorporated into the report or submitted as
attachments to it:
(a)
A map depicting the land cover characteristics of the
property. Such map shall define existing features, including paved or other
impervious surfaces, wooded areas, lawns and landscaped areas, streams, wetlands,
other water resources and any other existing condition.
(b)
A map depicting any encumbrances to the tract. Such map
shall define easements, rights-of-way and other areas where certain use privileges
exist.
(c)
A map depicting the land uses adjacent to the proposed.
Such map may be at the same scale as the location map.
(6)
An identification of the historic resources associated
with the lot(s), such as buildings, structures, properties and/or districts
which are significant. Historic resources registered with the National Register
of Historic Places and the Pennsylvania Inventory of Historic Places and any
which may be otherwise identified by the city shall be depicted. The identification
of historic resources shall include a narrative description of the above.
In addition, a map, drawn at a scale of not more than 50 feet to the inch,
depicting historic resources shall be incorporated into the report or submitted
as an attachment to the report.
(7)
An identification of the community facility needs associated
with the users and/or residents of the proposed development. The community
facility needs assessment shall indicate in narrative form the type of services
which will be in demand. Where applicable, community facilities (such as schools,
park and recreation areas, libraries, hospitals, other health-care facilities,
fire protection, police protection and ambulance and rescue service) shall
be discussed in terms of the ability of existing facilities and services to
accommodate the demands of future users and/or residents of the lot(s) and
the need for additional or expanded community facilities.
(8)
An identification of the utility needs associated with
the users and/or residents of the proposed development. The utility needs
assessment shall indicate in narrative form the type of installations which
will be in demand. Utilities, such as those used for water supply, sewage
disposal, storm drainage, communications and electrical transmission, shall
be discussed in terms of the ability of existing utility installations to
accommodate the demands of the future users and/or residents of the lot(s),
the need for additional or expanded utility installations and the ability
to achieve an adequate system for storm drainage and stormwater management.
(9)
An identification of the relationship of the transportation
and circulation system needs of the proposed project to the existing street,
alley or highway network. A discussion of this relationship shall be in narrative
form and shall indicate factors, such as methods to be used for traffic control
within the tract and at points of ingress and egress and expected traffic
volumes generated from the development, including their relationship to existing
traffic volumes on existing streets and alleys for both peak-hour and nonpeak-hour
traffic conditions. In addition, there shall be a discussion of the physical
condition of existing streets and alleys which will service the proposed project
and what parking improvements are proposed to remedy any physical deficiencies.
(10)
An identification of the demographic characteristics
related to the proposed development. The characteristics, which shall be presented
in narrative form, shall include a profile of the future users and/or residents
of the lot(s), including information, such as the number of people or laborers
expected. Such information shall be related to initial and completed conditions.
(11)
An identification of the economic and fiscal characteristics
related to the proposed development. The characteristics, which shall be presented
in narrative form, shall include a profile of the city, county and school
district revenues which the proposal may generate and the city, county and
school district costs it may create. Relative to costs, the report shall include
an objective disclosure of the negative cost impacts that may occur to the
city services for the operation and maintenance of:
[Amended 9-28-1998 by Ord.
No. 1086-98]
(12)
An identification of characteristics and conditions associated
with existing, construction-related and future air and water quality, noise
levels, vibration, toxic materials, electrical interference, odor, glare and
heat, fire and explosion, smoke, dust, fumes, vapors and gases, radioactive
materials and/or other noxious conditions.
(13)
The implications of the proposed development in terms of the type of beneficial or adverse effects which may result from it and the duration of these effects in terms of their short-term and long-term nature. To indicate such effects, there shall be a discussion of the implications of the proposed development to the resources, conditions and characteristics described in Subsection B(1) through B(12) above. In addition to a narrative presentation of implications, the applicant shall display where the development adversely affects the lot(s), resources, conditions or characteristics through the use of a map, drawn at a scale of not more than 50 feet to the inch, wherein the areas adversely affected from proposed development are highlighted. Such map may be either incorporated into the report or submitted as an attachment to the report. Further, the applicant must demonstrate and specify in the report how and where the findings in the report and its attachments are reflected in the subdivision, land development or other plan. The applicant shall indicate how the proposal represents the minimum impact to the property and the neighborhood.
(14)
Measures to mitigate adverse effects. To indicate such
measures, the applicant shall submit exhibits or diagrams which will depict
the type of remedial, protective and mitigative measures described in narrative
form. These measures shall include those required through existing procedures
and standards and those unique to a specific project, as follows:
(a)
Mitigation measures which pertain to existing procedures
and standards are those related to current requirements of the state, county
and/or city for remedial or protective action, such as soil erosion and sedimentation
control, stormwater runoff control, water quality control, air quality control,
noise control, illumination control and the like.
(b)
Mitigation measures related to adverse impacts of a specific
project are those related to efforts, such as regrading, revegetation, screening,
the creation of landscaped areas, fencing, emission control, traffic control,
relocation of people and/or businesses, land acquisition and the like.
C.
In making its evaluation, the City Council and/or the
Planning Commission may request any additional information it deems necessary
to adequately assess potentially adverse impacts.
D.
The impact assessment and mitigation report shall be
prepared by a certified/registered design professional and shall be paid for
by the applicant. The applicant shall request approval from the city for the
author(s) of the impact assessment and mitigation report, and the city shall
determine if the author(s) proposed by the applicant is (are) qualified to
prepare said report. If the city determines that the author(s) proposed by
the applicant is (are) not qualified to address the report requirements, in
whole or in part, then the city may hire qualified design professionals to
prepare all or parts of the report, and the applicant shall reimburse the
city for all reasonable fees and expenses for such design professionals.
[Amended 9-28-1998 by Ord.
No. 1086-98]
