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.
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.
As used in this chapter, the following terms
shall have the meanings indicated:
APPLICANT
A landowner or developer, as hereinafter defined, who has
filed an application for development including his heirs, successors
and assigns.
APPLICATION FOR DEVELOPMENT
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.
ARCHITECT
An architect registered by the Commonwealth of Pennsylvania.
BLOCK
A piece or parcel of land entirely surrounded by public highways,
streets, streams, railroad right-of-way, or parks, etc., or a combination
thereof.
BOARD
The Zoning Hearing Board of the Township.
BUILDING
Any structure or part thereof affixed to the land.
BUILDING LINE, FRONT; BUILDING SETBACK LINE
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.
BUSINESS DAY
Any day when the Township offices are open for regular business.
CARTWAY
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.
CLEAR SIGHT TRIANGLE
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.
COMMON OPEN SPACE
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.
COUNTY
Washington County, Pennsylvania.
CROSSWALK
A right-of-way which cuts across a block to furnish access
for pedestrians to adjacent streets or properties.
DBH
The diameter of a tree trunk at breast height, measured at
4.5 feet above natural grade.
DCED
Pennsylvania Department of Community and Economic Development.
DEP
Pennsylvania Department of Environmental Protection.
DEVELOPER
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.
DEVELOPMENT PLAN
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.
EASEMENT
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.
ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania.
FINAL PLAN
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.
FINAL PLAT
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.
GOVERNING BODY
The Board of Township Supervisors, Mount Pleasant Township,
Washington County, Pennsylvania.
IMPROVEMENTS
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.
LAND DEVELOPMENT
A.
Any of the following activities:
(1)
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
(a)
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
(b)
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.
B.
Land development shall not include:
(1)
The addition of an accessory building, including
farm buildings on a lot or lots subordinate to an existing principal
farm building; or
(2)
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.
LAND DEVELOPMENT, MINOR
Any of the following:
A.
An addition to an existing building, where such
addition will occupy less than 5,000 square feet of land area.
B.
An expansion of an existing parking lot that
will add 25 or fewer parking spaces.
LANDOWNER
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.
LOT
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.
MASTER PLAN
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.
MOBILE HOME
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.
MOBILE HOME LOT
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.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so
designated and improved that it contains two mobile homes.
MPC
The Pennsylvania Municipalities Planning Code, Act 247 of
1968, 53 P.S. 10101 et seq., and as it may be amended.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article
IV of the MPC.
PLAT
The map or plan of a subdivision or land development, whether
preliminary or final.
PRELIMINARY PLAN
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.
PRIVATE IMPROVEMENTS
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.
PUBLIC
Owned, operated or controlled by a government agency, federal,
state or local.
PUBLIC GROUNDS
Includes:
A.
Parks, playgrounds, trails, paths and other
recreational areas and other public areas;
B.
Sites for schools, sewage treatment, refuse
disposal and other publicly owned or operated facilities; and
C.
Publicly owned or operated scenic and historic
sites.
PUBLIC HEARING
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.
PUBLIC IMPROVEMENTS
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.
PUBLIC MEETING
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"
PUBLIC NOTICE
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.
REPORT
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.
RIGHT-OF-WAY
The total width of land reserved or dedicated for streets,
sidewalks, alleys or any other public purpose.
SECURITY, MAINTENANCE
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.
SECURITY, PERFORMANCE
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.
SIGHT DISTANCE
The maximum distance of unobstructed vision in a horizontal
or vertical plane from within an automobile located at any given point
on a street.
STREET
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.
A.
ARTERIAL HIGHWAYA principal or heavy traffic street of considerable continuity and used primarily as a through traffic route for intercommunity travel.
B.
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.
C.
LOCAL STREETAny street, including culs-de-sac and marginal access streets used primarily for access to the abutting properties.
E.
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.
F.
ALLEYA way which is used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
STREET WIDTH
The shortest distance between the lines delineating the right-of-way
or cartway of a street.
SUBDIVIDER
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."
SUBDIVISION
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.
SUBDIVISION, MINOR
A subdivision of land into two lots, not involving any new
street or easement of access or extension of public or private improvements.
SUBDIVISION PLAT ADJUSTMENT
An adjustment to a final subdivision plat for any of the
following:
A.
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.
B.
Consolidation of lot lines.
C.
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.
SUBSTANTIALLY COMPLETED
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.
SURVEYOR
A surveyor registered by the Commonwealth of Pennsylvania.
TOWNSHIP
Mount Pleasant Township, Washington County, Pennsylvania.
TOWNSHIP ENGINEER
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed by the Supervisors as the Engineer
of Mount Pleasant Township.
WETLANDS
Any area declared by the appropriate state or federal agency
to be a wetland.