This chapter is titled “An ordinance of Jackson Township, York County, Pennsylvania, providing for the regulation and control of the subdivision of lots and the development of land; the approval of plans, plots, or replots of land laid out in building lots; standards for the design of streets, lots, easements, blocks and other improvements; certain minimum improvements and construction standards on streets and improvements; financial security requirements for improvements; the administration of this chapter by the Jackson Township Planning Commission and Board of Supervisors; and penalties for the violation of this chapter.”
This chapter shall be known and may be cited as "the Jackson Township Subdivision and Land Development Ordinance" of 2008.
The purpose of these regulations is to create conditions favorable to the health, safety, morals, and general welfare of the citizens by:
A. 
Assisting in the orderly and efficient integration of subdivisions;
B. 
Ensuring conformance of subdivision plans with the public improvements plans of the Township;
C. 
Ensuring sites suitable for building purposes and human habitation;
D. 
Facilitating the efficient movement of traffic and avoiding traffic hazards and congestion;
E. 
Securing equitable handling of all subdivision plans by providing uniform procedures and standards;
F. 
Improving land records by establishing standards for surveys and plans;
G. 
Safeguarding the interests of the public, the homeowner, the subdivider and the municipality;
H. 
Preserving natural and historic features; and
I. 
Carrying out the goals and objectives of the Comprehensive Plan and the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
No subdivision or land development of any lot, tract, or parcel of land shall be made, and no street, sanitary sewer main, water main or other improvements required in connection with a proposed subdivision or land development shall be constructed, opened or dedicated for use of the public or the occupants of the proposed subdivision or land development, and no building that first needs land development approval shall be constructed, except in accordance with this chapter.
B. 
A lot or parcel that was not a legal lot of record prior to adoption of this chapter shall not be created, sold or transferred, and no land development may occur on a lot, unless and until:
(1) 
The subdivision of the lot and/or the approval of the land development, as applicable, has been granted final plan approval and any subdivision has been recorded; and
(2) 
Either of the following occurs, as provided in § 113-43:
(a) 
The Township has been assured by means of a development agreement and guaranties acceptable to the Board of Supervisors that the improvements will subsequently be installed; or
(b) 
The required improvements in connection therewith have been entirely completed.
C. 
Landowner. No subdivision or land development shall be submitted to the Township for review except by the landowner of such land or his/her specifically authorized agent (see definition of "landowner" in Article II, which includes equitable owner).
D. 
Zoning. All subdivisions and land developments shall comply with Chapter 133, Zoning, and other relevant Township codes and ordinances.
A. 
Agriculture. The subdivision by lease of land solely for agricultural purposes into parcels of more than 10 acres, not involving any new road or easement of access or residential dwelling, shall be exempted from the regulations of this chapter.
B. 
Revisions to Township regulations after submittal of an application. Section 508(4) of the State Municipalities Planning Code shall apply.[1]
[1]
Editor's Note: See 53 P.S. § 10508(4).
A. 
Standards.
(1) 
The provisions of this chapter shall be interpreted and applied as minimum requirements for the promotion of the public health, safety, convenience and general welfare.
(2) 
Where provisions, standards, and specifications of this chapter conflict with those of any state statute, other ordinance or regulations, the more-restrictive requirement shall apply, regardless of its source, unless specified to the contrary.
B. 
Illustrations. The illustrations in this chapter are for general illustrative purposes and are not part of the regulations of this chapter.
A. 
An applicant seeking a modification or waiver to this chapter shall submit to the Township staff a request, in writing, that states:
(1) 
The specific section(s) involved;
(2) 
The reasons for the request, indicating the grounds and facts of unreasonableness or hardship on which the request is based; and
(3) 
The minimum modification necessary.
B. 
The staff shall provide the request to the Planning Commission for a recommendation. After the Planning Commission has had an opportunity for review at a meeting, the Board of Supervisors may, in writing, grant a waiver or modification to the specific requirements of this chapter. The Planning Commission recommendation may be provided in meeting minutes.
(1) 
This section is established under Sections 503(8) and 512.1 of the State Municipalities Planning Code,[1] which authorize waivers and modifications "when the literal compliance with mandatory provisions is shown to the satisfaction of the" Board of Supervisors “to be unreasonable, to cause undue hardship or when an alternative standard can be demonstrated to provide equal or better results."
[1]
Editor's Note: See 53 P.S. §§ 10503(8) and 10512.1.
C. 
The applicant must prove that the request will meet the following conditions:
(1) 
The modification will not be contrary to the public interest, and the purpose and intent of this chapter is observed;
(2) 
It will avoid an undue hardship that was not self-created and that is not financial in nature and that results from the peculiar and uncommon conditions of the property; or
(3) 
It will allow an alternative standard that is clearly proven by the applicant to provide equal or better results.
A. 
The Board of Supervisors has established a schedule of fees, requirements for escrow accounts, and a collection procedure for all applications and other matters pertaining to this chapter. The applicant shall pay the reasonable charges by the Township's Engineer and other professional consultants for review of the proposed project and for related preparation of reports and meeting time. At the time of submittal of a final plan, the applicant shall also be required to deposit funds into the escrow account to pay the anticipated costs of the Township's Engineer and other professional consultants to oversee the system of financial security of improvements and for inspections. This schedule of fees may be amended by resolution of the Board of Supervisors.
B. 
The applicant is also required to pay any review fees and/or permits required by the York County Planning Commission, the Township Sewer Authority and the York County Conservation District, as well as any other applicable agencies.
C. 
Plans shall not be considered filed until all fees are paid and the applications are properly signed as required.
D. 
If the expenses of the Township for reviews of a subdivision or land development exceed the total fees that have been paid or placed in escrow by an applicant, additional funds shall be required to be deposited by the applicant. If expenses exceed the amount placed into escrow, such excess expenses shall be paid by the applicant prior to release of the final plans by the Township for recording. If the funds exceed the amount of the expenses, the excess shall be refunded to the applicant.
E. 
If the applicant disputes the fees, the applicant can appeal in accordance with Sections 503 and 510 of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. §§ 10503 and 10510.
A. 
Alternate plans. Only one plan concerning any one area of land shall be before the Township for review at any one moment in time. Simultaneously submitted alternate plans will not be considered.
B. 
Revisions and resubdivisions.
(1) 
Until a submission is approved or rejected by the Board of Supervisors, the applicant may withdraw the submission and submit a revised plan following the submission and review procedures which apply to that plan. For any submittal of a revision of a previously submitted plan, the Township may require the applicant to submit additional fees if needed based upon the Township's expenditures on the review up to that time.
(2) 
A revision or resubdivision of a recorded plan or a final plan approved by the Board of Supervisors shall be considered as a new subdivision and shall comply with all of the regulations of this chapter.
(3) 
If the Township staff determines that a revision of a previously approved plan is only to correct erroneous data or minor omissions or revise engineering details or supporting documentation, the plan may be submitted under the simplified requirements and procedures of § 113-40.
A. 
The regulations set forth in this chapter may, from time to time, be amended by the Board of Supervisors, following the procedures of the Pennsylvania Municipalities Planning Code, as amended, including a Supervisors' public hearing (with public notice as required by the Municipalities Planning Code).
B. 
Reviews. The Township shall submit each proposed amendment (other than an amendment prepared by or under the direction of the Planning Commission) to the Planning Commission for recommendations at least 30 days prior to the date set for the Supervisors' public hearing. The Township shall submit any proposed amendment to the County Planning Commission at least 30 days before the public hearing on such amendment.
Decisions of the Board of Supervisors may be appealed in accordance with the Pennsylvania Municipalities Planning Code, as amended.
A. 
Inspectors. The Board of Supervisors shall authorize one or more persons, which may include the Zoning Officer, Codes Administrator and the Township Engineer and his/her representatives, to enforce the provisions of this chapter and the accompanying design standards and improvement specifications.
B. 
Inspection. Any action under this chapter is subject to on-site inspection by the Township or its authorized representatives to ensure compliance with this chapter, other Township ordinances and the approved plans.
C. 
Remedies. Any action inconsistent with the provisions of this chapter shall be subject to an enforcement notice, which may include a cease-and-desist order, and other appropriate measures by the Board of Supervisors or its authorized representatives.
A. 
Any person, partnership or corporation who or which has violated any provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Board of Supervisors or its authorized representatives, pay a judgement of not more than $500 plus all court costs, including reasonable attorneys' fees incurred by the municipality as a result thereof, unless a higher penalty is established under state law. This shall include but not be limited to any person, partnership or corporation that accomplishes any act listed under § 113-4, Applicability; compliance with other provisions, without following the applicable procedures of this chapter.
B. 
The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
C. 
If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the District Justice determining that there has been a violation further determines that there was a good-faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation. Imprisonment shall not be authorized as a penalty under this chapter.
D. 
See also the "remedies" provisions of § 113-13C of this chapter. All fines collected for such violations shall be paid over to the Township.
Neither the approval nor the granting of any building permit, floodplain permit, site plan review, subdivision approval, land development approval, zoning permit, erosion review, stormwater runoff review, wetland delineation or wetland review, steep slope review or any other review or permit of this chapter, involving any land governed by the provisions of this chapter, by an officer, employee, consultant or agency of the Township shall constitute a representation, guaranty or warranty of any kind by the Township or its employees, consultants, officials or agencies of the practicality or safety of any structure, use or subdivision and shall create no liability upon nor a cause of action against any Township body, consultant, official or employee for any damage that may result pursuant thereto.
It is hereby declared to be the legislative intent that:
A. 
If a court of competent jurisdiction declares any provisions of this chapter to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all other provisions of this chapter shall continue to be separately and fully effective.
B. 
The Board of Supervisors hereby declares that it would have passed this chapter and each section or part thereof irrespective of the fact that any one or more sections or parts thereof be declared invalid.
All other Township ordinances or parts thereof that were adopted prior to this chapter and are clearly in conflict with this chapter, including the preexisting Jackson Township Subdivision and Land Development Ordinance, as amended, except any provisions that are specifically referenced by this chapter, are hereby repealed.
The provisions of this chapter that only repeat, summarize or reference provisions of the Pennsylvania Municipalities Planning Code[1] shall be deemed to be automatically superseded and replaced by any applicable amendments to such provisions of the Pennsylvania Municipalities Planning Code at the date such amendments become effective as state law.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter shall become effective five days after enactment by the Board of Supervisors.
This chapter is enacted and ordained into an ordinance this third day of February 2009.