The official title of this Part 1 is the "Lake
City Borough Subdivision and Land Development Ordinance." This Part
1 shall take effect on May 16, 1994. This Part 1 repeals and replaces
the former Borough Subdivision Ordinance which was adopted on March
17, 1986, as well as all amendments made thereto.
The provisions of this Part 1 shall be held
to be minimum requirements, adopted for the promotion of the public
health, safety and general welfare. Whenever the requirements of this
Part 1 are at conflict with the requirements of any other lawfully
adopted rules, regulations, or ordinances, the most restrictive, or
that imposing the higher standards, shall govern.
Should any section or provision of this Part 1 be declared by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the part as a whole, or any part thereof other than the specific part so declared to be unconstitutional or invalid.
This Part 1 is adopted and designed pursuant to the authority vested in the borough by the Pennsylvania Municipalities Planning Code, PA Act 247 of 1968, as amended, Section 501.[1]
[1]
Editor's Note: See 53 P.S. § 10501.
No subdivision or land development or any lot,
tract or parcel of land shall be effected; no street, sanitary sewer,
storm sewer, water main or other facilities in connection therewith
shall be laid out, constructed, opened or dedicated for public use
and travel, or the common use of occupants of buildings abutting thereon;
except in full compliance with all provisions of this Part 1. No lot
in a subdivision may be sold, no permit to erect, alter or repair
any building in a subdivision may be issued, unless and until a plan
of such subdivision shall have been approved and properly recorded,
and until the improvements required by the Borough Council in connection
therewith shall have either been constructed or guaranteed as herein
provided.
A.
This Part 1 is intended to promote and achieve the
following objectives:
B.
To support and encourage order and beauty in the development
of the borough's environment for the convenience and pleasure of present
citizens and future residents through sound land development practices
and the provision of adequate public utilities and facilities.
C.
To encourage future land and structure redevelopment
to have a logical and efficient pattern of future borough growth.
D.
To encourage future residential units to occur in
a harmonious arrangement within compact neighborhood areas.
E.
To protect strategic properties suitable for industrial
development for the establishment of manufacturing industries in the
borough.
F.
To guide commercial development in such a way so as
to minimize adverse influence on adjacent roads or land values; to
maintain and revitalize existing commercial areas, and to encourage
new diversified commercial facilities to locate in functionally designed
centers with a safe and adequate highway access.
G.
To protect property values to the extent possible
to ensure suitable and attractive preservation of existing development
in the borough.
H.
To encourage development of integrated and cohesive
business and residential areas.
I.
To encourage developers to incorporate proper site
design and adequate parking facilities into existing parcels and future
subdivisions and land developments.
J.
To strengthen the basic tax base of the borough.
K.
To implement the Lake City Retail Market Study and
Commercial Revitalization Plan.
The provision within this Part 1 are design to fulfill the objectives cited in § 57-6. The degree of protection sought by the conditions and requirements of this Part 1 for the present and future residents and landowners in the borough is considered reasonable for regulatory purposes. This Part 1 does not imply that compliance with the minimum requirements will be free from inconvenience, conflicts, dangers or damages. Therefore, this Part 1 shall not create liability on the part of individual members of the Borough Council or any officer, appointee or employee of the borough for any damages that may result from reliance on this Part 1 or any administrative decision lawfully made thereunder.
Where, owing to special conditions, a literal enforcement of this Part 1 would result in unnecessary hardship, the Borough Council may make such reasonable modification of the requirements in this Part 1 that will not be contrary to public interest, and may permit the sale of a lot, issuance of a permit or erection of a building subject to conditions necessary to assure adequate streets and other public improvements, in compliance with Section 512.1 of the Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10512.1.
A.
This Part 1 as set forth herein may be amended, altered
or revised by the Borough Council from time to time after a public
hearing is held pursuant to public notice. In case of an amendment
other than that prepared by the Planning Commission, the Borough Council
shall submit each such amendment to the Planning Commission and the
County Planning Department for recommendation at least 30 days prior
to date of the public hearing.
B.
In accordance with the Planning Code, no amendment
to these subdivision regulations shall affect the decision of any
pending application. When the preliminary of final plan has been approved,
no subsequent amendment shall adversely affect the approved development
for a period of five years from the date approval. Where final approval
is preceded by preliminary approval, the five-year period shall be
counted from the date of the preliminary approval.
Plans of subdivision shall be reviewed by the
County Planning Department. Before the approval of a plan by the borough,
the borough shall transmit the plat and five copies of the plan to
the County Planning Department for review, comments and recommendation.
Pending the receipt and consideration of such comments and recommendations,
the borough shall defer action thereon, but if such report is not
received by the borough within 30 days from submission of the plan
(and all applicable information) to the County Planing Department,
or within such further time as may be agreed upon by the Borough Council,
the borough may proceed to final action thereon.
Plans of subdivisions shall be reviewed by the
County Health Department. Before the approval of a plan by the borough,
it will be the responsibility of the developer to contact the County
Health Department in order to determine what steps will need to be
taken to comply with current state law regarding sewage disposal systems
and/or facilities.
