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.
A.
No subdivision or land development of any lot, tract
or parcel of land shall be made and no street, sanitary sewer, water
main, gas, oil or electric transmission line or other improvements
in connection therewith 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 this ordinance.
B.
No lot in a proposed subdivision or land development
may be sold and no final permit to erect any building upon land in
a subdivision or land development may be issued unless and until:
(1)
A final plan has been approved and recorded; and
C.
The regulations of this ordinance shall apply to any
subdivision or land development.
A.
Agriculture. The subdivision by lease of land for
only agricultural purposes into parcels of more than 10 acres, not
involving any new street or easement of access or residential dwelling
shall be exempted from the regulations of this ordinance.
B.
Approved subdivisions; changes in ordinances.
(1)
From the time an application for approval of a plat,
whether preliminary or final, has been approved or approved subject
to conditions acceptable to the applicant, no subsequent change or
amendment in the Zoning Ordinance,[1] Subdivision Ordinance or other governing ordinance or
plan shall be applied to adversely affect the right of the applicant
to commence and to complete any aspect of the approved development
in accordance with the terms of such approval within five years from
such approval.
(2)
If final plan approval is preceded by preliminary
plan approval, the five-year period shall be counted from the date
of the preliminary plan approval.
A.
Standards.
(1)
The provisions of this ordinance shall be interpreted
and applied as minimum requirements for the promotion of the public
health, safety, comfort, convenience and general welfare.
(2)
Where any provision, standard or specification of
this ordinance differs with those of any federal, state or Township
law, ordinance or regulation, the greater restriction upon the applicant
shall apply regardless of its source, unless specified to the contrary.
B.
Illustrations. The illustrations in this ordinance
are for general illustrative purposes and are not a part of the regulations
of this ordinance.
B.
The Planning Commission shall be given an opportunity
to make a recommendation on the matter at a legally advertised meeting.
The Board of Supervisors may, by written resolution, grant a waiver
or modification concerning a specific provision(s) of this ordinance
if the applicant proves that the request meets one or more of the
following conditions:
(1)
Will avoid an undue hardship that was not self-created
and that results from the peculiar and uncommon characteristics of
the property.
(2)
Will avoid a clearly unreasonable requirement that
would not serve any valid public purpose in this situation.
(3)
Will allow an alternative standard that is clearly
proven by the applicant to provide equal or better results.
(4)
Will allow a layout of improvements that would clearly
be more in the public interest than what would occur if the modification
would not be granted.
(5)
Will remove a requirement that is not applicable,
especially because of the small size of the proposed project.
A.
The Board of Supervisors has established, by resolution
and which may be amended by future resolution, a schedule of fees[1] and a collection procedure for all applications and other
matters pertaining to this ordinance. These fees are intended to compensate
the Township for its expenses, including but not limited to application
review, engineering review, inspection, preparation of agreements
and legal matters.
[1]
Editor's Note: The schedule of fees is on
file in the Township offices and may be examined there during regular
business hours.
B.
The applicant is also required to submit any required
fee to the Joint Planning Commission and the County Conservation District.
C.
Plans shall not be considered filed until all fees
are paid and the applications are properly signed as required.
D.
The applicant shall have 14 days from receipt of a
bill from Palmer Township to dispute the amount of review fees. If
Palmer Township and the applicant cannot agree on this amount, then
the parties shall use the alternative dispute resolution method outlined
in the Municipalities Planning Code[2] to resolve the dispute. The professional resolving the
dispute shall be in the same profession as the consultant's whose
fees are being disputed.
[Added 2-19-2001 by Ord. No. 2001-298]
[2]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
Multiple plans. Only one plan concerning any single
specific area of land shall be actively before the Township for review
and approval at any one time, unless the Planning Commission specifically
determines that the consideration of two or more alternative plans
by the same applicant would be in the public interest.
B.
Resubdivisions.
(1)
A revision or resubdivision of a recorded plan or
a final plan approved by the Board of Supervisors shall be considered
as a new subdivision and shall come under the jurisdiction of this
ordinance, except:
(a)
If the Planning Commission determines that a
revision of an approved plan is only to correct erroneous data or
minor omissions, it shall not be considered a resubdivision but may
instead be simply reapproved by the Board of Supervisors at a legally
advertised meeting.
(2)
If lot lines are changed from a previously recorded
plan, the following standards shall be met in addition to other requirements
of this ordinance:
(b)
If an existing lot is nonconforming according
to the Township Zoning Ordinance, it shall not be made more nonconforming.
(c)
Drainage and utility easements shall not be
removed or changed unless the applicant proves to the satisfaction
of the Board of Supervisors that alternative easements will be provided.
(d)
The applicant shall seek to orient any buildings
and lot lines to maximize compatibility with any existing adjacent
single-family detached dwellings.
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.
A.
The regulations set forth in this ordinance may, from
time to time, be amended by the Board of Supervisors.
B.
A public hearing (held pursuant to public notice)
on the proposed amendment shall be held by the Board of Supervisors.
C.
The Board of Supervisors shall submit each proposed
amendment (other than an amendment prepared by the Planning Commission)
to the Commission for recommendations at least 30 days prior to the
date set for the public hearing on such proposed amendment.
D.
The Board of Supervisors shall submit any proposed
amendment to the Joint Planning Commission. The proposed action shall
not be taken until the Joint Planning Commission recommendation is
made or until the time limit specified in the Pennsylvania Municipalities
Planning Code[1] has passed.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
E.
Any changes to the Preliminary Plan for Major Subdivision
or Land Development Requirements, Final Plan for Major Subdivision
or Land Development Checklist and List of Submittal Requirements,
Lot Line Adjustments, Annexations and Minor Revisions of Approved
Plans Checklist and List of Submittal Requirements shall be made by
way of Resolution.
[Added 7-1-2002 by Ord. No. 2002-319]
Decisions of the Board of Supervisors may be
appealed in accordance with the Pennsylvania Municipalities Planning
Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
Enforcement. The Board of Supervisors shall appoint
one or more persons to enforce the provisions of this ordinance and
the accompanying design standards and improvement specifications.
B.
Inspection. Any action under this ordinance shall
be subject to on-site inspection by the Township or its authorized
representatives to ensure that there is compliance with this ordinance,
other Township ordinances and the approved plans.
C.
Remedies. Any action inconsistent with the provisions
of this ordinance shall be subject to a cease and desist order and
other appropriate measures by the Board of Supervisors or its authorized
representatives.
A.
Any person, partnership or corporation who or which has violated any provision(s) of this ordinance shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Board of Supervisors or its authorized representatives, pay a judgment of not more than $500, plus all court costs, including reasonable attorney's fees incurred by the municipality as a result thereof, unless a higher penalty is established under state law. This shall include, but not be limited to, any person, partnership or corporation that accomplishes any act listed under § 165-4, Applicability, without following the applicable procedures of this ordinance.
B.
The description by metes and bounds in the instrument
of transfer or other document used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
C.
See Section 515.3, Enforcement remedies, of the Pennsylvania
Municipalities Planning Code[1] regarding each day of violation being considered a separate violation. See also the remedies provisions of § 165-13C of this ordinance. All fines collected for such violations shall be paid over to the Township.
[1]
Editor's Note: See 53 P.S. § 10515.3.
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.[1] 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.
[1]
Editor's Note: See 63 P.S. § 148
et seq.
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[1] shall be deemed to be automatically superseded and replaced
by any applicable amendment of the Pennsylvania Municipalities Planning
Code.
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
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.
