This chapter shall be known and may be cited
as the "Mount Pleasant Township Subdivision and Land Development Ordinance."
In their interpretation and application, the
provisions of these regulations shall be held to be the minimum requirements
adopted for the protection of the public health, safety and welfare.
The purpose is to assure sites suitable for
building purposes and human habitation; to provide for the harmonious
development of the Township; to coordinate existing streets with proposed
streets, parks or other features of the official street plan of the
Township; to ensure adequate open spaces for traffic, recreation,
light and air, and to provide the proper distribution of population;
to create thereby conditions favorable to the health, safety, and
general welfare of the citizens; and to establish subdivision and
land development regulations, including definitions, design standards,
plan requirements, plan processing procedures, improvements and construction
requirements, and conditions of acceptance of public improvements
by the Township.
These regulations shall not apply to any lot
or lots forming a part of a subdivision or land development created
and recorded in the office of the County Recorder prior to the enactment
of these regulations nor is it intended by these regulations to repeal,
abrogate, annul or in any way impair or interfere with existing provisions
of other laws or ordinances, except those inconsistent with these
regulations, or with private restrictions placed upon property by
deed, covenant or other private agreement, or with restrictive covenants
running with the land to which the Township is a party. Except that
where these regulations impose a greater restriction upon land than
is imposed or required by such existing provisions of law, ordinance,
contract or deed, the provisions of these regulations shall control.
A.
The Supervisors by virtue of the provisions of the
Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended
(53 P.S. § 10101 et seq.), is authorized, subject to the
holding of required public hearings, to adopt rules and regulations
covering plans for subdivisions and land developments, and to approve,
conditionally approve, or disapprove plans of subdivisions and land
developments falling within their jurisdiction.
B.
The Planning Commission is hereby designated as the
reviewing authority of and for the Supervisors and is charged with
the duty of making investigations, reports and recommendations on
the design and improvement of proposed subdivisions and land developments;
and shall submit such reports and recommendations to the Supervisors.
C.
Procedural regulations. The Supervisors are authorized
to publish procedural regulations to implement the procedural and
substantive content of this chapter, including but not limited to
forms for applications for development.
D.
Reports. All reports shall be deemed recommendatory
and advisory only and shall not be binding upon the recipient, board,
officer, body or agency, nor shall any appeal lie therefrom. Any report
used, received or considered by the body, board, officer or agency
rendering a determination or decision shall be made available for
inspection to the applicant and all other parties to any proceeding
upon request, and copies thereof shall be provided at cost of reproduction.
A.
The provisions of these regulations will apply to
the area within the boundaries of Mount Pleasant Township, Washington
County, Pennsylvania.
B.
No subdivision or land development of any lot, tract
or parcel of land shall be made, no street, sanitary sewer, storm
sewer, water main, or other improvements in connection therein 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 strict accordance with the provisions of these regulations.
C.
Plans of subdivision or land development shall be
subject to review by the Planning Commission and final approval or
rejection by the Supervisors. In the event that such a plan is disapproved,
the reasons therefor shall be set forth in writing, stating the specific
provisions of this chapter or other applicable regulations which were
not met, and given to the applicant. Any party aggrieved by the decision
of the Supervisors may appeal to the Court of Common Pleas of the
county, as hereinafter provided.
D.
On and after the effective date of these regulations,
no lot in a subdivision may be sold, no permit to erect, alter or
repair any building upon land in a subdivision may be issued, and
no building may be erected in a subdivision, unless and until a subdivision
plat has been approved and recorded and until the improvements required
herein in connection therewith have either been constructed or guaranteed
as required by these regulations.
Changes or amendments of the zoning, subdivision,
or other governing ordinance or plan shall affect the approval of
applications for preliminary or final plan approval as provided in
Section 508(4) of the MPC [53 P.S. § 10508(4)].
A.
Effect on pending applications. From the time an application
for approval of a preliminary or final plan is duly filed as provided
in this chapter, and while such application is pending action by the
Supervisors, the applicant shall be entitled to a decision in accordance
with the provisions of the governing ordinances or plans at the time
the application was filed and shall not be subject to any changes
to this chapter, zoning, or other governing ordinances or plans.
B.
Effect on other applications; vested rights.
(1)
Five-year protection period. When an application for
preliminary or final plan approval has been approved, no subsequent
change to the zoning, subdivision, or other governing ordinance or
plan shall be applied to adversely affect the right of the applicant
to commence and complete any aspect of the approved development in
accordance with the terms of such approval within five years of the
date of such approval.
(2)
Calculation of five-year protection period. When approval
of a final plan is preceded by approval of a preliminary plan, the
five-year period shall be counted from the date of the preliminary
plan approval. If there is any doubt as to the terms of a preliminary
plan approval, the terms shall be construed in the light of the governing
ordinances or plans as they stood at the time when the application
for such approval was duly filed.
(3)
Protections afforded. When the applicant has substantially
completed the required improvements as depicted upon the final plan
within the aforesaid five-year limit, or any extension thereof as
may be granted by the Supervisors, no change to a Township ordinance
or plan enacted subsequent to the date of filing of the preliminary
plan shall modify or revoke any aspect of the approved final plan
pertaining to zoning classification or density, lot, building, street
or utility location.
(4)
Protection periods for multiphase developments. In
the case of a preliminary plan calling for the installation of improvements
beyond the five-year period, the aforesaid protections afforded by
substantially completing the improvements depicted upon the final
plan within five years shall apply, provided that the applicant has
not defaulted with regard to or violated any of the conditions of
the preliminary plan approval, including compliance with applicant's
schedule of submission of final plans for the various sections. 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 protections shall apply for an additional
term or terms of three years from the date of final plan approval
for each section.
(5)
Loss of protections. If an application is properly
and finally denied, any subsequent application shall be subject to
the intervening change in governing regulations. Failure of the applicant
to adhere to the schedule of submission of final plans for multiphase
developments shall subject any such phase to any and all changes in
zoning, subdivision, and other governing ordinance enacted by the
Township after the date of the initial preliminary plan submission.
In any case where the Supervisors disapproves
a subdivision or land development plan, any person aggrieved thereby
may, within 30 days thereafter, appeal therefrom by petition to the
Court of Common Pleas of the county.
A.
Enactment following public hearing and notice. The
Supervisors may amend this chapter after holding a public hearing
on the amendment pursuant to public notice. A brief summary setting
forth the principal provisions of the proposed ordinance and a reference
to the place in the Township where copies of the proposed amendment
may be secured or examined shall be incorporated in the public notice.
B.
Planning Commission review. The Supervisors shall
submit proposed amendments to this chapter to the Planning Commission
for recommendations at least 30 days prior to the date fixed for the
public hearing on such proposed amendment, unless such proposed amendments
shall have been prepared by the Planning Commission.
C.
County Planning Commission review. The Township shall
submit the proposed amendment to the County Planning Commission for
recommendations at least 30 days before the date fixed for the public
hearing on such proposed amendment.
D.
Publication, advertisement and availability of ordinance.
(1)
Notice of proposed enactment. Before enactment of
an amendment, the Township Secretary/Treasurer or the Township Secretary/Treasurer's
designated representative shall publish notice of proposed enactment
of an amendment to this chapter. The notice of proposed enactment
shall include the time and place of the meeting at which passage will
be considered and a reference to a place within the Township where
copies of the proposed amendment may be examined without charge or
obtained for a charge not greater than the cost thereof.
(2)
Publication of proposed amendment. The Township Secretary/Treasurer
or the Township Secretary/Treasurer's designated representative shall
publish the proposed amendment once in one newspaper of general circulation
in the Township not more than 60 days nor less than seven days prior
to passage. Publication of the proposed ordinance or amendment shall
include either the full text thereof or the title and a brief summary,
prepared by the Township Solicitor and setting forth all the provisions
in reasonable detail. If the full text is not included:
(a)
A copy thereof shall be supplied to a newspaper
of general circulation in the Township at the time the public notice
is published; and
(b)
An attested copy of the proposed amendment shall
be filed in the Washington County Law Library or other Washington
County office designated by the Washington County Commissioners.
(3)
Substantial amendments to proposed amendments. In
the event substantial amendments are made to the proposed amendment,
before voting upon enactment, the Supervisors shall, at least 10 days
before enactment, readvertise, in one newspaper of general circulation
in the Township, a brief summary setting forth all the provisions
in reasonable detail together with a summary of the amendments.
(4)
Incorporation in ordinance books by reference. Subdivision
and Land Development Ordinance amendments may be incorporated into
official ordinance books by reference with the same force and effect
as if duly recorded therein.
E.
File certified copy. Within 30 days after adoption,
the Township Secretary/Treasurer or the Township Secretary/Treasurer's
designated representative shall forward a certified copy of any amendment
of the Subdivision and Land Development Ordinance to the County Planning
Commission.
A.
Township fees. All Township fees for review of applications
for subdivision and land development, for inspection of required improvements,
and for other purposes in accordance with this chapter shall be assessed
based on a specific fee schedule adopted by resolution of the Supervisors
and reflecting actual costs of the Township. The review fees may include
reasonable and necessary charges by the Township's professional consultants
or Township Engineer for review and report on the application. The
applicable fees must be paid in accordance with this chapter as follows:
(1)
The preliminary plan filing fee shall be paid when
the application for development for preliminary plan approval is filed;
(2)
The final plan filing fee shall be paid when the application
for development for final plan approval is filed;
(3)
An inspection fee deposit for the cost of inspecting
the installation of the improvements shall be paid at the time of
filing of the original tracing of the final plat of a subdivision
and prior to the commencement of the installation of the improvements.
The deposit shall be in an amount equal to 3% of the estimate of the
cost of required improvements approved by the Township Engineer. Any
unused portion of the inspection fee deposit shall be returned to
the developer. The developer shall be required to pay the full costs
of inspection fees whether or not the inspection fee deposit is sufficient
to cover the costs of inspection.
B.
Effect of disputed fees. The applicant shall notify
the Township within 10 days of the billing date of any dispute of
review fees charged. The Township shall not delay or disapprove a
subdivision or land development application due to the applicant's
request over disputed fees.
C.
Dispute resolution. If the Township and the applicant
cannot agree on the amount of review fees which are reasonable and
necessary, then the applicant and the Township shall follow the procedure
for dispute resolution set forth in Section 510(g) of the Municipalities
Planning Code [53 P.S. § 10510(g)].
D.
Form of payment. All fees due to the Township shall
be paid by a check or money order payable to Mount Pleasant Township.
The Township, in its sole discretion, may request a certified check
or cashier's check. All fees shall be deposited with the Treasurer
for transfer to the general fund.
As used in this chapter, the following terms
shall have the meanings indicated:
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
Every application, whether preliminary, tentative or final,
required to be filed and approved prior to start of construction or
development, including but not limited to an application for a building
permit, for the approval of a subdivision plat or plan or for the
approval of a development plan.
An architect registered by the Commonwealth of Pennsylvania.
A piece or parcel of land entirely surrounded by public highways,
streets, streams, railroad right-of-way, or parks, etc., or a combination
thereof.
The Zoning Hearing Board of the Township.
Any structure or part thereof affixed to the land.
The line nearest the front of and across a lot establishing
the minimum distance to be provided between the front line of buildings
and the right-of-way line of the fronting street.
Any day when the Township offices are open for regular business.
The improved, traveled portion of a street as measured from
the front bottom of curb to front bottom of curb or from edge of pavement
to edge of pavement where there are no curbs.
An area of unobstructed vision at street intersections defined
by lines of sight between points of the center line at a given distance
from the intersection of street lines.
The Planning Commission of Mount Pleasant Township, Washington
County, Pennsylvania.
A parcel or parcels of land or an area of water, or a combination
of land and water within a development site and designed and intended
for the use or enjoyment of residents of a development, not including
streets, off-street parking areas, and areas set aside for public
facilities.
Washington County, Pennsylvania.
A right-of-way which cuts across a block to furnish access
for pedestrians to adjacent streets or properties.
The diameter of a tree trunk at breast height, measured at
4.5 feet above natural grade.
Pennsylvania Department of Community and Economic Development.
Pennsylvania Department of Environmental Protection.
Any landowner, agent of such landowner, or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk of buildings and other structures, intensity of
use or density of development, streets, ways and parking facilities,
common open space and public facilities. The phrase "provisions of
the development plan" when used in this chapter shall mean the written
and graphic materials referred to in this definition.
A grant by the owner of land for the use of all or a portion
of such by others, including the public, for a specified purpose or
purposes.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
The plan of a proposed subdivision or land development, including
all supplemental information required by this chapter or by an applicable
Township ordinance to obtain final approval.
The final map of a subdivision or land development which
is submitted for approval by the Supervisors and which, if approved,
will be filed with the County Recorder of Deeds.
The Board of Township Supervisors, Mount Pleasant Township,
Washington County, Pennsylvania.
Those physical changes to the land necessary to produce usable
and desirable lots from raw acreage, including but not limited to
grading, pavement, curb, storm and sanitary sewers, gutter, drains,
and betterments to existing watercourses, sidewalks, street signs,
crosswalks, shade trees, sodding or seeding, street name signs, and
monuments.
Any of the following activities:
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.
A subdivision of land.
Land development shall not include:
The addition of an accessory building, including
farm buildings on a lot or lots subordinate to an existing principal
farm building; or
The addition or conversion of buildings or rides
within the confines of an enterprise which would be considered an
amusement park. For the purposes of the definition, an amusement park
is defined as a tract or area used principally as a location for permanent
amusement structures or rides. This exclusion shall not apply to newly
acquired acreage by an amusement park until initial plans for the
expanded area have been approved by proper authorities.
Any of the following:
The legal or beneficial owner or owners of land including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner,
or other person having a proprietary interest in land.
A landscape architect registered by the Commonwealth of Pennsylvania.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The Comprehensive Plan (which may consist of several maps,
data, etc.), or any portion thereof, made and adopted by the Washington
County Planning Commission, the Cross Creek Valley Regional Planning
Commission, the Airport West Council of Governments (AWCOG), or the
Township Planning Commission, which shows the location and extent
of physical facilities, including major streets and main thoroughfares,
parks, schools and other public open spaces, and public building sites.
A transportable, single-family dwelling intended for permanent
occupancy, contained in one unit, or in two or more units designed
to be joined into one integral unit capable of again being separated
for repeated towing, which arrives at a site complete and ready for
occupancy except for minor and incidental unpacking and assembly operations,
and constructed so that it may be used without a permanent foundation.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the erections thereon of a single mobile home.
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two mobile homes.
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, 53 P.S. 10101 et seq., and as it may be amended.
A map adopted by ordinance pursuant to Article IV of the MPC.
The map or plan of a subdivision or land development, whether
preliminary or final.
The plan of a proposed subdivision or land development, including
all supplementary information required by this chapter or applicable
Township ordinance to obtain preliminary approval.
Any of the following improvements for which plans must comply
with the minimum requirements of this chapter: streets, walkways,
parking areas, gutters, curbs, waterlines, sewers, stormwater management
facilities, landscaping or other facilities to be owned, maintained
or operated by a private entity, such as an individual, corporation
or homeowners' association, including temporary erosion and sedimentation
control or stormwater management control methods undertaken during
construction.
Owned, operated or controlled by a government agency, federal,
state or local.
Includes:
A formal meeting held pursuant to public notice by the governing
body or planning agency, intended to inform and obtain public comment,
prior to taking action in accordance with the Municipalities Planning
Code.
All streets, walkways, gutters, curbs, waterlines, sewers,
stormwater management facilities, landscaping and other facilities
to be dedicated to or maintained by the Township or a public entity
for which plans and specifications must comply with the standards
of this chapter.
A forum held pursuant to notice under the act of October
15, 1998, P.L. 729, No. 93, (65 Pa.C.S.A. § 701 et seq.),
known as the "Sunshine Act"
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Township. Such notice
shall state the time and place of the hearing and the particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
Any letter, review, memorandum, compilation or similar writing
made by any body, board, officer or consultant other than a solicitor
to any other body, board, officer or consultant for the purpose of
assisting the recipient of such report in the rendering of any decision
or determination.
The total width of land reserved or dedicated for streets,
sidewalks, alleys or any other public purpose.
The Secretary/Treasurer of Mount Pleasant Township, Washington
County, Pennsylvania
Method for developer to secure structural integrity and functioning
of public improvements in accordance with the design and specifications
depicted on the final plan approved by the Township, for a period
of time following the date of acceptance by the Supervisors of dedication
of such improvements. The maintenance security shall be in the form
of a performance bond, federal or commonwealth chartered lending institution
irrevocable letter of credit and restrictive or escrow accounts in
such lending institutions or such other security as may be acceptable
to the Supervisors. Such financial security shall be posted with a
bonding company or federal or commonwealth chartered lending institution
chosen by the party posting the financial security, provided that
said bonding company or lending institution is authorized to conduct
such business within the commonwealth.
Method for developer to guarantee proper installation of
public and private improvements specified in the final application.
The performance security shall be in the form of a performance bond,
federal or commonwealth chartered lending institution irrevocable
letter of credit and restrictive or escrow accounts in such lending
institutions or such other security as may be acceptable to the Supervisors.
Such financial security shall be posted with a bonding company or
federal or commonwealth chartered lending institution chosen by the
party posting the financial security, provided that said bonding company
or lending institution is authorized to conduct such business within
the commonwealth. The performance security shall include an agreement
between the developer and the Township in which the developer agrees
to install the required improvements in the development.
The maximum distance of unobstructed vision in a horizontal
or vertical plane from within an automobile located at any given point
on a street.
The Solicitor or legal advisor of Mount Pleasant Township,
Washington County, Pennsylvania.
A way for vehicular traffic, whether designated as a street,
arterial highway, collector, cul-de-sac, parkway, throughway, road,
avenue, boulevard, lane, place, alley, or however otherwise designated
and whether public or private.
ARTERIAL HIGHWAYA principal or heavy traffic street of considerable continuity and used primarily as a through traffic route for intercommunity travel.
COLLECTOR STREETA street which carries traffic from local streets to arterial highways, including the principal entrance streets of a residential development and streets for circulation within such a development.
LOCAL STREETAny street, including culs-de-sac and marginal access streets used primarily for access to the abutting properties.
CUL-DE-SACA local street with only one outlet.
MARGINAL ACCESS STREETA local street which is parallel and adjacent to the arterial street and which provides access to abutting properties and protection from through traffic.
ALLEYA way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
The shortest distance between the lines delineating the right-of-way
or cartway of a street.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under these regulations to effect a subdivision or development of
land hereunder for himself or for another. The term may be used interchangeably
with "applicant."
The division or redivision of a lot, tract or parcel of land
by any means into two or more lots, tracts, or parcels 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;
provided, however, that the subdivision by lease of land for agricultural
purposes into parcels of more than 10 acres, not involving any new
street or easement of access or any residential dwelling, shall be
exempted.
A subdivision of land into two lots, not involving any new
street or easement of access or extension of public or private improvements.
An adjustment to a final subdivision plat for any of the
following:
Adjustment of lot lines between lots where no
new lots are created, no new streets or easements of access are created,
and no public or private improvement extensions are involved.
Consolidation of lot lines.
Survey corrections including final survey corrections
of lot lines for townhouses and other attached dwellings after construction
when in conformance with the previously recorded plan.
Where, in the judgment of the Township Engineer, at least
90% (based on the cost of the required improvements for which financial
security was posted pursuant to Section 509 of the Municipalities
Planning Code, 53 P.S. § 10509) of those improvements required
as a condition for final approval have been completed in accordance
with the approved plan, so that the project will be able to be used,
occupied or operated for its intended use.
The Board of Supervisors of the Township.
A surveyor registered by the Commonwealth of Pennsylvania.
Mount Pleasant Township, Washington County, Pennsylvania.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed by the Supervisors as the Engineer
of Mount Pleasant Township.
Any area declared by the appropriate state or federal agency
to be a wetland.
