Borough of Forty Fort, PA
Luzerne County
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Table of Contents
Table of Contents
[Ord. 1994-4, 4/4/1994, § 101]
This chapter shall be known as the "Borough of Forty Fort Subdivision and Land Development Ordinance."
[Ord. 1994-4, 4/4/1994, § 102]
These regulations are adopted for the following purpose:
To protect and provide for the public health, safety and general welfare of the Borough of Forty Fort.
To guide the future growth and development of the Borough of Forty Fort, in accordance with the Comprehensive Plan of the Borough of Forty Fort.
To provide for adequate light, air and privacy; to secure safety from fire, flood and other danger; and to prevent overcrowding of the land and undue congestion of population.
To protect the character and social and economic stability of the Borough of Forty Fort and to encourage the orderly and beneficial development of the Borough of Forty Fort.
To protect and conserve the value of land throughout the Borough of Forty Fort, and the value of buildings and improvements upon the land and to minimize the conflicts among the uses of land and buildings.
To guide public and private policy and action in order to provide adequate and efficient transportation, water supply, sewerage, schools, parks, playgrounds, recreation and other public requirements and facilities.
To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic within the Borough of Forty Fort, having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines.
To establish reasonable standards of design and procedures for subdivision and resubdivisions, in order to further the orderly layout and use of land; and to insure proper legal descriptions and monumenting of subdivided land.
To insure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision.
To prevent the pollution of air, streams and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources in order to preserve the community and value of the land.
To preserve the natural beauty and topography of the Borough of Forty Fort and to ensure appropriate development with regard to these natural features.
To provide for open spaces through efficient design and layout of the land.
To ensure that documents prepared as part of a land ownership transfer fully and accurately describe the parcel of land being subdivided and the new parcels thus created.
[Ord. 1994-4, 4/4/1994, § 103]
Authority of the Borough Council. The Borough Council of the Borough of Forty Fort is vested by law with the control of the subdivision of land and land development within the Borough of Forty Fort by Act 247 of 1968, the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended. The Borough Council shall retain the authority to approve all subdivision plans and land development plans are required herein.
Authority of the Borough Planning Commission. The Planning Commission is hereby designated by the Council as an agency which shall review and make recommendations on preliminary and final subdivision and land development plans as required herein, prior to action by the Council, and, when provided by ordinance, make other recommendations.
[Ord. 1994-4, 4/4/1994, § 104]
Subdivision Control. No subdivision, as herein defined, of any lot, tract or parcel of land shall be effected and no street, alley, sanitary sewer, storm sewer, water main or other facilities in connection therewith, shall be laid out, constructed, opened or dedicated for public use or travel, or for the common use of occupants of building abutting or to abut thereon, except in strict accordance with the provisions of this chapter. No lot in any subdivision may be sold, and no permit to erect, alter or repair any building upon land in a subdivision may be issued; and no building may be erected in a subdivision, unless and until a subdivision plan has been approved and recorded; and until the improvements required by the Council in connection therewith have either been constructed or guaranteed as herein provided in § 22-612.
Land Development Control.
Land development, as herein defined, must comply with the regulations contained herein. Such compliance shall include, but not limited to: the filing of preliminary and final plans, the dedication and improvements of rights-of-way, streets and roads, and the payment fees and charges established by the Council.
Land development plans shall indicate the location of each structure and clearly define each unit and shall indicate public easements, common areas, and improvements, all easements appurtenant to each unit, and improvements to public rights-of-way. Developments are subject to the zoning regulations as they apply to use and density requirements, setbacks, parking and other features, and all shall be indicated on the land developments plans.
[Ord. 1994-4, 4/4/1994, § 105]
In interpreting and applying the provisions of this chapter, they shall be held to be minimum requirements for the promotion of public health, safety, comfort, convenience and general welfare.
Conflict with Public and Private Provisions.
Public Provisions. Where any provision of this chapter imposes restriction different from those imposed by any other provision of this chapter or any other ordinance, rule or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
Private Provisions. This chapter is not intended to abrogate any easement, covenant or any other private agreement or restriction; provided, that where the provisions of this chapter are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement or restriction, the requirements of this chapter shall govern. Where the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these regulations, or the determinations of the Council in approving subdivision or in enforcing this chapter, and such private provisions are not inconsistent with this chapter or determinations thereunder, then such private provisions shall be operative and supplemental to these regulations and determinations made thereunder.