This chapter shall be known and may be cited
as "The East Brandywine Township Subdivision and Land Development
Ordinance." This chapter shall take effect five days after enactment.
This chapter has been prepared in accordance
with the Pennsylvania Municipalities Planning Code (53 P.S. § 10101
et seq., Act 247 of 1968, as amended) and the East Brandywine Township
Comprehensive Plan for the following purposes:
A.
To assure that development occurs only on sites suitable
for building purposes and human habitation.
B.
To assure that development of the Township be orderly,
efficient, integrated, and harmonious.
C.
To coordinate proposed streets with existing streets
or other proposed streets, parks, or other features of the Township.
D.
To assure that adequate open spaces are retained for
traffic, recreation, light, and air and for the proper distribution
of population.
E.
To ensure coordination of subdivision and land development
plans with Township, intermunicipal, county, and state improvement
plans.
F.
To eliminate or minimize adverse effects or damage to the environment and biosphere, and to encourage productive and enjoyable harmony between man and his environment, consistent with the mandates of the National Environmental Policy Act of 1969 and Article I, Section 27 (the Environmental Amendment), of the Pennsylvania Constitution.
G.
To secure equitable handling of all subdivision and
land development plans by providing uniform procedures and standards.
H.
To protect the social and economic stability of the
Township, and conserve the value of land and buildings in the Township.
I.
To create conditions favorable to the health, safety,
and general welfare of the citizens of East Brandywine Township.
The provisions of this chapter shall be held
to be minimum requirements to meet the above stated purposes. Where
the provisions of this chapter impose greater restrictions than those
of any statute, other ordinance, or regulation, the provisions of
this chapter shall prevail. Where the provisions of any statute, other
ordinance, or regulation impose greater restrictions than those of
this chapter, the provision of such statute, ordinance, or regulation
shall prevail. Wherever references are made to other statutes, ordinances,
or publications, the reference shall include the latest reenactment,
revision, or republication.
The provisions of this chapter shall be severable,
and if any of its provisions shall be held to be unconstitutional,
illegal, or invalid, such decision shall not affect the validity of
any of the remaining provisions of this chapter. It is hereby declared
as a legislative intent that this chapter would have been adopted
had such unconstitutional, illegal, or invalid provision not been
included herein.
From and after the effective date hereof, the
Board of Supervisors shall have the authority to regulate subdivision
and land development within the Township.
The Board of Supervisors shall have the jurisdiction
of subdivision and land development within the Township limits. In
order to aid the Board of Supervisors in its consideration of subdivisions
and land developments, the Board of Supervisors hereby decrees that
the Planning Commission of East Brandywine Township shall serve the
following functions:
A.
All plans upon submission to the duly authorized representative
of the Township shall be referred to the Planning Commission for review.
[Amended 8-20-2003 by Ord. No. 03-04]
B.
The Planning Commission shall make recommendations
to the Board of Supervisors concerning approval, disapproval, modification,
and/or conditions for approval of such plans.
C.
The Planning Commission shall make recommendations
to the Board of Supervisors concerning the interpretation of the granting
of modifications to provisions and standards of this chapter.
The ordinance known and cited as "The East Brandywine
Township Subdivision and Land Development Ordinance of 1976" is hereby
repealed.
