53 Pa. Stat. § 22770

Current through P.A. Acts 2023-32
Section 22770 - Platting regulations

Before exercising the powers referred to in section nine, the planning commission shall adopt general regulations governing the subdivision of land within its jurisdiction. Such regulations may provide for the proper arrangement of streets in relation to other existing or planned streets and to the master plan, for adequate and convenient open spaces for traffic utilities, access of fire-fighting apparatus, recreation, light, and air, and for the avoidance of congestion of population, including minimum width and area of building lots.

Such regulations may include provisions as to the extent to which streets and other public ways shall be graded and improved, and to which water and sewer and other utilities, mains, piping or other facilities shall be installed, as a condition precedent to the approval of the plat. The regulations or practice of the commission may provide for a tentative approval of the plat, previous to such installation, but any such tentative approval shall be revocable and shall not be entered on the plat. In lieu of the completion of such improvements and utilities prior to the final approval of the plat, the commission may accept a bond, with surety, to secure to the city the actual construction and installation of such improvements or utilities at a time and according to specifications fixed by or in accordance with the regulations of the commission. The city is hereby granted the power to enforce such bond by all appropriate legal and equitable remedies.

All such regulations shall be published and be available for distribution upon request.

Where the subdivision plan has been completed as tentatively approved, and the plat has been finally approved by the commission, or if prior to completion of such improvements and utilities and final approval of the plat a bond, with surety, to secure the city the actual construction and installation of such improvements and utilities has been accepted by the commission, subsequent purchasers and mortgagees of lots in the subdivision, with or without buildings thereon or on any of them, shall be relieved of any and all liability for any deficiency in lack of or failure to complete the improvements and utilities above mentioned as set out in said plat or required as a condition precedent to the approval of the plat, and any failure to complete or properly complete such improvements and utilities shall not encumber any or all of the lots of the subdivision.

In exercising its said powers, the planning commission shall take into consideration the local conditions of the particular district affected by the proposed subdivision of land, the existing buildings or improvements on adjoining or adjacent land, and the building line established or observed thereon, the extent of the use of any streets or highways, upon which the proposed subdivision abuts, by motor or other vehicles and pedestrians, and the effect of the proposed subdivision upon the public welfare, with particular reference to the district of which the proposed subdivision is a part; and, irrespective of the minimum requirements of any zoning regulations, shall disapprove any subdivision which would be detrimental to such public welfare.

53 P.S. § 22770

1927, May 13, P.L. 1011, § 10; 1939, May 11, P.L. 123, § 1; 1956, April 4, P.L. (1955) 1403, § 1.