This chapter contains regulations governing the following: submission
procedures for the review and disposition of subdivision and land development
plans; graphic and written information to be contained on or filed with such
plans; and regulations governing the design and installation of required improvements,
the layout and arrangements of lots and blocks and the reservation of land
for public use.
No subdivision or land development of any lot, tract or parcel of land
shall be made, and no street, sanitary sewer, stormwater, water main or other
improvements in connection therewith shall be laid out, constructed, opened
or dedicated for public use or travel, or for the common use of occupants
of buildings abutting thereon, except in accordance with the provisions of
this chapter.
This chapter shall apply to all plans submitted for initial approval
of a subdivision or land development after the effective date of enactment
of this chapter.
The ordinance of 1991 and any subsequent amendments shall affect plats
as follows:
A.
From the time an application for approval of a plat,
whether preliminary or final, is duly filed as provided in the subdivision
and land development ordinance, and while such application is pending approval
or disapproval, no change or amendment of the zoning, subdivision or other
governing ordinance or plan shall affect the decision on such application
adversely to the applicant and the applicant shall be entitled to a decision
in accordance with the provisions of the governing ordinances or plans as
they stood at the time the application was duly filed. In addition, when a
preliminary application has been duly approved, the applicant shall be entitled
to final approval in accordance with the terms of the approved preliminary
application as hereinafter provided. However, if an application is properly
and finally denied, any subsequent application shall be subject to the intervening
change in governing regulations.
B.
When an application for approval of a plat, whether preliminary
or final, has been approved without conditions or approved by the applicant's
acceptance of conditions, no subsequent change or amendment in the zoning,
subdivision or other governing ordinance or plan shall be applied to affect
adversely the right of the applicant to commence and to complete any aspect
of the approved development in accordance with the terms of such approval
within five years from such approval.
C.
Where final approval is preceded by preliminary approval,
the aforesaid five-year period shall be counted from the date of the preliminary
approval. In the case of any doubt as to the terms of a preliminary approval,
the terms shall be construed in the light of the provisions of the governing
ordinances or plans as they stood at the time when the application for such
approval was duly filed.
D.
Where the landowner has substantially completed the required
improvements as depicted upon the final plat within the aforesaid five-year
limit, or any extension thereof as may be granted by the Board of Supervisors,
no change of municipal ordinance or plan enacted subsequent to the date of
filing of the preliminary plat shall modify or revoke any aspect of the approved
final plat pertaining to zoning classification or density, lot, building,
street or utility location.
E.
In the case of a preliminary plat calling for the installation
of improvements beyond the five-year period, a schedule shall be filed by
the landowner with the preliminary plat delineating all proposed sections
as well as deadlines within which applications for final plat approval of
each section are intended to be filed. Such schedule shall be updated annually
by the applicant on or before the anniversary of the preliminary plat approval,
until final plat approval of the final section has been granted and any modification
in the aforesaid schedule shall be subject to approval of the Board of Supervisors
in its discretion.
F.
Each section in any residential subdivision or land development,
except for the last section, shall contain a minimum of 25% of the total number
of dwelling units as depicted on the preliminary plan, unless a lesser percentage
is approved by the Board of Supervisors in its discretion. Provided that the
landowner has not defaulted with regard to or violated any of the conditions
of the preliminary plat approval, including compliance with landowner's aforesaid
schedule of submission of final plats for the various sections, then the aforesaid
protections afforded by substantially completing the improvements depicted
upon the final plat within five years shall apply and for any section or sections,
beyond the initial section, in which the required improvements have not been
substantially completed within said five-year period the aforesaid protections
shall apply for an additional term or terms of three years from the date of
final plat approval for each section.
G.
Failure of landowner to adhere to the aforesaid schedule
of submission of final plats for the various sections shall subject any such
section to any and all changes in zoning, subdivision and other governing
ordinance enacted by the township subsequent to the date of the initial preliminary
plan submission.
The provisions of this chapter are not intended to interfere with, abrogate
or annul other rules, regulations or ordinances, provided that where this
chapter imposes a greater restriction than that imposed by such other rules,
easements, covenants, restrictions, regulations or ordinances, the provisions
of this chapter shall control.
