This chapter shall be known and may be cited as the "Concord Township Subdivision and Land Development Ordinance of 1990."
This chapter is enacted for purposes which are to provide for and accomplish the following:
A. 
To assist in the harmonious, orderly, efficient and integrated development of Concord Township.
B. 
To ensure that the arrangement and design of subdivisions and land developments conform to the Comprehensive Plan,[1] the Official Sewage Facilities Plan, Chapter 210, Zoning, and all other ordinances, codes, regulations, plans and maps adopted in furtherance thereof.
[1]
Editor's Note: The Comprehensive Plan is on file in the Township offices. See also the Appendixes.
C. 
To promote and protect the health, safety and welfare of the residents of the Township.
D. 
To assure sites suitable for building purposes and human habitation and use.
E. 
To facilitate and accommodate prospective pedestrian and vehicular movement, fire protection and the rendition of other essential services through a coordinated system and design of streets.
F. 
To ensure the coordination and conformity of subdivision and/or land development plans with the public improvement plans of the Township regarding such facilities as streets, sewers and other facilities and improvements.
G. 
To establish a uniform and equitable procedure for the review and processing of subdivision and/or land development plans.
H. 
To establish standards to ensure that developments are environmentally sound by requiring preservation of existing natural features to the greatest possible extent in areas affected through excavation, construction or other land development activities.
I. 
To establish minimum standards for the design and construction of improvements which aid in the use and enjoyment of land, such as streets, sidewalks, adequate drainage and water and sewage facilities, and which would aid in precluding adverse environmental effects, such as sedimentation, soil erosion, flooding, deforestation and water pollution.
J. 
To establish standards for the administration of this chapter.
The provisions of this chapter shall be deemed to be the minimum requirements necessary to meet the foregoing purposes. However, when interpreting such requirements, the following shall be noted:
A. 
Where, owing to special or unique conditions, the life, health, safety or property of persons may be menaced or jeopardized by the application of any of the requirements of this chapter, more stringent or restrictive requirements necessary to eliminate or alleviate such menace or jeopardy may be applied or imposed by the Board of Supervisors.
B. 
Where, owing to special or unique conditions, the provisions of this chapter will inflict unnecessary hardship upon the applicant, reasonable exceptions to such provisions may be made by the Board of Supervisors as will not be contrary to the foregoing purposes or to the public interest upon prior recommendation of the Planning Commission.
C. 
Where the provisions of this chapter impose more stringent requirements than those of any statute, ordinance or regulation, the provisions of this chapter shall prevail; where the provisions of any statute, ordinance, code or regulation impose more stringent requirements than those of this chapter, such statute, ordinance, code or regulation shall prevail.
D. 
Where it is desirable to effect economy and ingenuity in the layout of subdivisions and land developments and to protect sensitive natural areas, modifications of site requirements may be made in accordance with the guidelines set forth in § 160-81 herein, and the Board of Supervisors may alter site requirements for encouraging other practices which are in accordance with modern and evolving principles of site planning and development.
In accordance with Article V, Section 501 of the Pennsylvania Municipalities Planning Code, Act 247, as amended,[1] the Concord Township Board of Supervisors shall have the authority to regulate subdivision and/or land development within the Township by enacting this chapter. Through such authority, the following shall apply:
A. 
No subdivision, resubdivision or land development of any lot, tract or parcel of land within the Township shall be made and no street, alley, sanitary sewer, capped sewer, storm sewer, water main or other such facilities in connection therewith or other improvements of any kind 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, Chapter 210, Zoning, as amended, and all other Township ordinances, codes, regulations, plans and maps, as amended from time to time.
B. 
No lot in a subdivision may be sold, no permit to erect, alter or add to any building or other structure or portion thereof upon land in a subdivision or land development may be issued and no building may be erected in a subdivision or land development unless and until a subdivision and/or land development plan, filed in accordance with this chapter, has been approved and, where required, recorded and proof of such supplied to the Township in accordance with § 160-15, unless and until the required improvements in connection therewith along, upon or through the lot or lots to be sold or built upon and to an existing improved street have been constructed and approved or, in lieu thereof, the Township has been assured of the completion of such construction and the maintenance thereof by means of a completion and maintenance guaranty in the form of a bond or other security sufficient to cover the cost of the required improvements and their maintenance, as set forth in Article X.
C. 
The following are subject to the regulations of this chapter:
(1) 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots, regardless of the number of occupants or tenure; or the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features; except that the addition of an accessory building, not to exceed 360 square feet in area, on a lot or lots subordinate to an existing principal building is exempt only from the aforementioned definition and plan review and requirements process of this chapter and not the building permit process and other applicable Township regulations.
(2) 
A subdivision of land, including the division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development.
[1]
Editor's Note: See 53 P.S. § 10501.
A. 
The Board of Supervisors shall have jurisdiction of subdivision and land development within the Township. In order that the actions of the Board of Supervisors under this chapter may be correlated with all relevant data and procedures, the Board of Supervisors hereby designates the Township Planning Commission as the agency to which the following responsibilities are assigned:
(1) 
To review, upon filing with the Township Manager, all applications for either preliminary or final approval of subdivision and/or land development plans.
(2) 
To engage in all preliminary consultations with the applicant relating to such plans.
(3) 
To make recommendations to the Board of Supervisors concerning approval, disapproval, modification and conditions of approval of such plans.
(4) 
To make recommendations to the Board of Supervisors concerning the rationale for the granting of modifications to the provisions, requirements and standards of this chapter.
(5) 
To review this chapter and make recommendations to the Board of Supervisors on proposed amendments to it.
(6) 
In the performance of its functions, to enter upon any land to make examinations and surveys with the consent of the owner.
B. 
The Board of Supervisors hereby designates the Concord Township Manager as the person to determine whether or not any preliminary or final plan submissions are complete and acceptable to the Township for the purpose of establishing the date of filing.
(1) 
The Township Manager or designated representative shall, within eight business days, inspect such submission to see if the following have been submitted:
(a) 
The required application form and filing fee.
(b) 
The required number of copies.
(c) 
The required types of plans, reports and other papers.
(d) 
The required checklist.
(e) 
Planning modules, as required by the preliminary plan submission.
(2) 
In the event that the submission is found to be incomplete, the Township Manager or designated representative shall notify the applicant, in writing, by certified mail, return receipt requested, and inform the applicant that the date of filing will not be effective until all required forms, fees, types and copies of plans and papers are submitted.
C. 
The Board of Supervisors may designate to additional boards or commissions of the Township the following responsibilities:
(1) 
To the Open Space Committee and Park and Recreation Board, to review and make recommendations to the Board of Supervisors concerning the adequacy or appropriateness of open space, parks or recreation proposed by either preliminary or final subdivision and/or land development plans.
(2) 
To the Historical Society, to review and make recommendations to the Board of Supervisors concerning the impact upon historic resources of the Township by proposed preliminary or final subdivision and/or land development plans.
(3) 
To the Sewer Authority, to review and make recommendations to the Board of Supervisors concerning the consistency with the Township Act 537 Plan and the adequacy of any public sanitary sewerage system proposed by preliminary or final subdivision and/or land development plans.
D. 
The Board of Supervisors shall appoint one or more Code Enforcement Officers to enforce the provisions of this chapter and the accompanying design standards and requirements.
E. 
Inspection of actual construction under any approved subdivision and/or land development plan shall be the sole responsibility of the Township, which shall undertake reasonable measures to provide an adequate inspection of all projects.
F. 
In the event of any action inconsistent with the provisions of this chapter, the Board of Supervisors or its authorized representative may issue a cease and desist order or take such other appropriate action as is deemed necessary under the circumstances.
All other ordinances or parts of ordinances inconsistent herewith are hereby repealed, except as they relate to pending applications submitted prior to the effective date of this chapter and previously approved subdivision and/or land development plans in accordance with Section 508.4 of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508.4.