The following rules and regulations for the subdivision of land in the Township of Darlington, Beaver County, Pennsylvania, were adopted by Ordinance No. 21, dated April 8, 1976, by the Township Board of Supervisors pursuant to Article V, Section 501, of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10501.
This chapter became effective on April 8, 1976, and remained in continuation and effect as modified and amended by the Darlington Township Board of Supervisors, including this amended and restated version of this chapter.
These regulations shall be known and may be cited as "The Subdivision and Land Development Ordinance of the Township of Darlington."
The Board of Supervisors of Darlington Township, County of Beaver, Commonwealth of Pennsylvania, enact and ordain this chapter governing and regulating land subdivision and land development in the Township of Darlington with the following purposes, intent and objectives in view:
A. 
To regulate and assure sites adaptable to and suitable for land subdivision, land development, building purposes and human habitation.
B. 
To regulate and provide for the harmonious and coordinated growth and development of the Township, for adequate open spaces, for control and movement of traffic, parks and recreation facilities, light, air and proper distribution of population and development, thereby improving and creating conditions favorable to the health, safety, morals and overall general welfare of the citizens and residents of the Township of Darlington.
C. 
To establish rules, regulations and provisions for the submittal and processing of plans and plats, including provisions for preliminary and final approval and for processing of final approval by stages or sections of development.
D. 
To plan, promote, develop, direct and implement the intent, purposes and program of the Township's Comprehensive Plan.
E. 
To accomplish and insure that:
(1) 
The layout or arrangement of subdivision or land development shall conform to the Comprehensive Plan of the Township and to any regulations, maps, programs or projects instituted or adopted in furtherance thereof;
(2) 
Streets and drives in and bordering a subdivision or land development shall be coordinated, and be of such design, widths and grades, and in such locations as deemed necessary to accommodate prospective traffic and facilitate fire and police protection and any and all other municipal and community services;
(3) 
Adequate easements or rights-of-way shall be provided for the location and installation of public utilities, stormwater drainage, and sanitary sewerage facilities;
(4) 
Reservations, if any, by the applicant or developer of any area designed for use as public grounds shall be suitable in size, location and topography for their designated uses;
(5) 
Land which is subject to flooding, subsidence, underground fires or any other hazardous conditions either shall be made safe for the purpose and uses for which such land is proposed to be used, or that such land shall be set aside for uses which shall not endanger life or property or further aggravate or increase the existing menace.
(6) 
Provisions are established governing the specifications and standards by which streets and drives shall be graded and improved, and walkways, curbs, gutters, storm drains, manholes, inlets, streetlights, fire hydrants, water sewage collection, sewage treatment facilities and other improvements shall be constructed and installed as a condition and requirement precedent to final approval of plats and plans of land development, or in the alternative, providing for the posting of financial surety guaranteeing completion of said improvements.
(7) 
Provisions are established for encouraging and promoting flexibility, economy and ingenuity in the layout and design of subdivisions and land development, including provisions authorizing the Planning Commission and Board of Supervisors to alter site requirements and for encouraging other practices which are in accordance with modern and evolving principles of site planning and development.
No subdivision of land into two or more lots, tracts or parcels of land shall be effected; nor shall any land development of any lot, tract or parcel of land be accomplished, made or effected; nor shall any street, stormwater sewer, water main or other improvements or facilities in connection therewith be laid out, constructed, opened or dedicated for private or public use or travel or for the use of occupants of buildings abutting said improvements; nor shall any earth disturbing activity or grading of property be commenced in preparation of such subdivision or land development or otherwise, unless excluded or exempted as hereinafter stated, except in strict accordance with the provisions of the regulations set forth in this chapter.
The subdivision of land by lease for agriculture purposes into parcels of more than 10 acres, not involving any new street, easement of access, or any residential dwelling, is exempted from the requirement of being processed as a subdivision of land. See definition of "subdivision" in Article II hereof.
Excluded from the provisions and requirements of this chapter regulating land developments, and being processed hereunder as a land development, is such land development involving only:
A. 
The addition of an accessory building, including farm buildings, on a lot upon which a principal structure exists, or upon a separate lot subordinate and adjacent to another lot upon which a principal structure exists, when such accessory building is for the sole use of the occupant of the related principal structure; or
B. 
Additions or conversions of buildings or rides within the confines of an existing enterprise which is considered an "amusement park" as defined; provided, however, this exclusion shall not apply to land to be acquired and/or newly acquired, and which land is to be added as additional area to the existing amusement park so as to be included within the confines of the amusement park. Such additional lands to be acquired and/or newly acquired lands shall be required to be processed per the provisions of this chapter, as a subdivision if a subdivision of land is involved, and as a land development until and after initial plans for the expanded area have been approved per this chapter to be thereafter considered as a part of and within the confines of the amusement park.
No lot in a subdivision may be sold, and no permit to erect, alter or repair any structure or building upon land in a subdivision or development, including a planned residential development that has achieved final approval, shall be issued, and no building shall be erected in a subdivision or development, including a planned residential development that has achieved final approval, or grading of the property be commenced, unless and until:
A. 
The applicable sewage facilities planning module has been approved by the Township and/for the Pennsylvania Department of Environmental Protection;
B. 
The subdivision or land development plan has been approved with final approval by the Township as required by this chapter or Chapter 172, Zoning, of the Code of the Township of Darlington;
C. 
The applicable subdivision plan, or planned residential development plan, or other required documents applicable to any subdivision or land development are recorded in the Beaver County Recorder of Deeds Office; and further
D. 
If improvements of streets, roads, drainage facilities, stormwater detention facilities or similar improvements are involved as to such subdivision or land development, not until such improvements required by the Township have either been fully constructed and installed or a satisfactory financial guarantee has been furnished by the owner or developer to the Township that the improvements required by the Township will be completed within a period of time.