A. 
Title. This chapter shall be known and may be cited as "The Middlesex Township Subdivision and Land Development Ordinance."
B. 
Authority. This chapter is enacted pursuant to the authority contained in Article V, Section 501, of Pennsylvania Municipalities Planning Code, as amended,[1] which enables and authorizes governing bodies of municipalities to enact a subdivision and land development ordinance to regulate subdivisions and land developments situated within the municipality.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
Jurisdiction. The provisions of this chapter shall apply to the area within the corporate boundaries of Middlesex Township, Butler County, Pennsylvania.
D. 
Review and approval authority. From and after the effective date hereof, all subdivisions and land developments situated within the Township shall be submitted to the Planning Commission for review and report and to the Supervisors for approval in accordance with the provisions of this chapter.
This chapter is adopted for the following purposes:
A. 
To guide the orderly and efficient development of the Township.
B. 
To create conditions favorable to the health, safety and general welfare of the citizens of the Township.
C. 
To provide for the equitable processing of subdivision and land developments by establishing uniform procedures and standards.
D. 
To ensure coordination of subdivision and land developments with Township, intermunicipal, county and commonwealth improvement plans.
E. 
To assist orderly, efficient, integrated and harmonious development of the Township.
F. 
To coordinate proposed streets with existing streets or other proposed streets, parks or other features of the Township.
G. 
To provide adequate open spaces for traffic, recreation, light and air and for the proper distribution of population.
H. 
To protect the social and economic stability of the Township and conserve the value of lots and buildings in the Township.
I. 
To provide for proper control of runoff and drainage, water supply, sewage disposal and other utility services.
No subdivision or land development of any lot, tract or parcel of land shall be effected, no street, sanitary sewer, stormwater sewer, water main or other improvements in connection therewith shall be laid out, constructed, opened or dedicated for public use or travel, no grading of the property shall be commenced, or for the common use of occupants of buildings abutting said improvements, except in strict accordance with the provisions of this chapter and all ordinances of the Township.
A. 
The Supervisors may grant a modification or waiver of the requirements of one or more provisions of this chapter for the following reasons, provided that such modification or waiver will not be contrary to the public interest and that the purposes of the chapter are observed:
(1) 
Hardship. The literal enforcement of the provisions will exact undue hardship because of peculiar conditions pertaining to the land in question and the modification is the minimum necessary to afford relief; or
(2) 
Alternative standard. An alternative standard can be demonstrated to provide equal or better results.
B. 
Authority to impose conditions. When granting modifications or waivers, the Supervisors may impose conditions to ensure that the public interest is preserved and the intent of this chapter is observed.
C. 
Requests in writing. All requests for modifications or waivers shall be in writing and shall accompany and be a part of the application for development. The requests shall state in full the grounds and facts of hardship or evidence of equal or better result on which the request is based, the provision or provisions of this chapter involved and the minimum modification necessary.
D. 
Records required. The Supervisors shall only by resolution or ordinance grant requests for modifications or waivers, setting forth the reasons which justified the modifications or waivers.
A. 
Minimum requirements. In the interpretation and application of this chapter, the provisions shall be held to be minimum requirements, adopted for the promotion of health, safety, morals and general welfare.
B. 
Conflict with other public provisions. Where any provision of this chapter is at variance with any other ordinance, rule or regulation or other provision of law, the most restrictive provision or that provision imposing the higher standard shall govern.
C. 
Conflict with private provisions. Whenever the requirements of this chapter are at a variance with the requirements of deed restrictions, covenants or other private agreements, or with restrictive covenants running with the land to which the Township is a party, the requirements of this chapter shall remain unchanged and in full force and effect.
D. 
Liability. The review and approval of a subdivision or land development by the Township in accordance with the provisions of this chapter shall not constitute liability upon the Township, its officials or employees.
E. 
Amendment procedure.
(1) 
Hearing and notice. The Supervisors may, from time to time, amend this chapter by appropriate action taken after a public hearing held pursuant to public notice, which public notice shall include a brief summary setting forth the principal provisions of the proposed amendment and a reference to the place within the Township where copies of the proposed amendment may be secured or examined without charge or obtained for a charge not greater than the cost thereof. Unless the proposed amendment shall have been prepared by the Planning Commission, the Supervisors shall submit the amendment to the Planning Commission for recommendations at least 30 days prior to the hearing on the amendment. The Township shall also submit the proposed amendment to the County Planning Commission for recommendation at least 30 days prior to the hearing on the amendment.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(2) 
Copy. Within 30 days after the adoption, the Supervisors shall forward a copy of any amendment to this chapter to the County Planning Commission.
(3) 
Publication, advertisement and availability of ordinance. The Township shall publish the proposed amendment once in one newspaper of general circulation within the Township not more than 60 days nor less than seven days prior to passage. Publication shall include notice of the time and place of the meeting at which passage shall be considered and shall include either the full text of the amendment or the title and brief summary prepared by the Township Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included, a copy thereof shall be supplied to such newspaper of general circulation and an attested copy of the proposed amendment shall be filed in the County Law Library (or other county office designated by the County Commissioners).