The long title of this ordinance shall be "An
Ordinance of Palmer Township Providing for the Regulation and Control
of the Subdivision of Lots and the Development of Land; the Approval
of Plans, Plots or Replots of Land Laid Out in Building Lots; Standards
for the Design of Streets, Lots, Easements, Blocks and Other Improvements;
Certain Minimum Improvements and Construction Standards on All Streets
and Required Dedications; the Administration of This Ordinance by
the Township Planning Commission and Board of Supervisors; and Penalties
for the Violation of This Ordinance."
This chapter shall be known and may be cited as the "Palmer Township Subdivision and Land Development Ordinance." This chapter shall serve as Chapter
165 of the codified ordinances of Palmer Township.
The purpose of these regulations is to create
conditions favorable to the health, safety, morals and general welfare
of the citizens by:
A. Assisting in the orderly and efficient integration
of subdivisions within the Township.
B. Ensuring conformance of subdivision plans with the
public improvements plans of the Township.
C. Ensuring sites suitable for building purposes and
human habitation.
D. Facilitating the efficient movement of traffic and
avoiding traffic hazards and congestion.
E. Securing equitable handling of all subdivision plans
by providing uniform procedures and standards.
F. Improving land records by establishing standards for
surveys and plans.
G. Safeguarding the interests of the public, the homeowner,
the subdivider and all municipalities.
H. Preserving natural and historic features.
I. Carrying out other objectives specified in the Pennsylvania
Municipalities Planning Code and the Township Comprehensive Plan.
The staff and/or Secretary of the Planning Commission
and the Board of Supervisors shall keep a record of the findings,
decisions, recommendations and actions relative to all subdivision
or land development plans that are duly submitted. Such records shall
be open to the public for review.
Decisions of the Board of Supervisors may be
appealed in accordance with the Pennsylvania Municipalities Planning
Code, as amended.
Neither the approval nor the granting of any
building permit, floodplain permit, site plan review, subdivision
approval, land development approval, zoning permit, erosion review,
wetland review, stormwater runoff review, steep slope review or any
other review or permit of this ordinance, involving any land governed
by the provisions of this ordinance, by an officer, employee or agency
of the Township, shall constitute a representation, guaranty or warranty
of any kind by the Township or its employees, officials or agencies
of the practicality or safety of any structure, use or subdivision
and shall create no liability upon nor a cause of action against such
public body, official or employee for any damage that may result pursuant
thereto.
All plans shall comply with applicable state
professional certification laws, including the State Professional
Engineers Registration Law. All preliminary and final plans for a subdivision or land
development and all stormwater calculations shall be certified, signed
and stamped by a registered professional engineer. All subdivisions
of land shall be certified, signed and stamped by a registered surveyor.
It is hereby declared to be the legislative
intent that:
A. If a court of competent jurisdiction declares any
provisions of this ordinance to be invalid or ineffective in whole
or in part, the effect of such decision shall be limited to those
provisions which are expressly stated in the decision to be invalid
or ineffective, and all other provisions of this ordinance shall continue
to be separately and fully effective.
B. The Board of Supervisors hereby declares that it would
have passed this ordinance and each section or part thereof irrespective
of the fact that any one or more sections or parts thereof are declared
invalid.
All other Township ordinances or parts thereof
that were adopted prior to this ordinance and are in conflict with
this ordinance are hereby repealed, including the preexisting Palmer
Township Subdivision and Land Development Ordinance, as amended.
Any provisions of this ordinance that only repeat
or reference provisions of the Pennsylvania Municipalities Planning
Code shall be deemed to be automatically superseded and replaced
by any applicable amendment of the Pennsylvania Municipalities Planning
Code.
See §
165-32 which specifies the requirements for different types of land developments (other than subdivisions). Unless otherwise stated, a land development shall meet all of the same improvement and design requirements as a subdivision.
Wherever two or more Township requirements or
definitions, within this ordinance or within this ordinance and another
Township ordinance, apply to the same situation or regulate the same
matter, the regulation or definition that would be more restrictive
and more limiting upon the applicant shall apply, unless specifically
stated otherwise.
This ordinance shall become effective five days
after adoption by the Board of Supervisors.