An ordinance establishing rules, regulations, and standards governing the subdivision and development of land within the Township of Maidencreek, Berks County, Pennsylvania, pursuant to the authority set forth in Article V of Act 247, the Pennsylvania Municipalities Planning Code,[1] and setting forth procedures to be followed by the Township
Planning Commission and the Township Board of Supervisors in applying,
administering, and amending these rules, regulations, and standards
and prescribing penalties for the violation thereof.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
This chapter shall be known and may be cited
as "The Maidencreek Township Subdivision and Land Development Ordinance
of 1992."
A.
The regulations of this chapter have been created in accordance with Article V of Pennsylvania Act 247, the Pennsylvania Municipalities Planning Code,[1] in order to achieve the following purposes.
(1)
To provide for the harmonious and controlled development
of the Township in accordance with the Maidencreek Township Comprehensive
Plan.
(2)
To provide for adequate open spaces for traffic, recreation,
light, and air, including the reservation of land to be left in a
wooded or open condition in order to provide a balance of developed
and undeveloped land.
(3)
To guide the arrangement and design of lots and buildings
for all types of use.
(4)
To provide a systematic and uniform procedure for
reviewing plans to assure the equitable processing of all subdivision
and land development proposals.
(5)
To support the creation and continuation of conditions
conducive to the health, safety, and general welfare of the residents
of the Township.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
B.
This chapter, including the provisions, requirements,
and districts as hereinafter set forth, is based upon and intended
to give effect to the policies and objectives set forth in the Maidencreek
Township Comprehensive Plan, particularly those specified below.
(1)
To encourage an appropriate pattern for future development
which recognizes and accommodates environmental conditions, both man-made
and natural. Actions implemented by this chapter in pursuit of this
goal include:
(a)
Requiring a hydrogeologic study for significant
developments utilizing on-site water supply in the interest of protecting
groundwater quality and quantity;
(b)
Requiring reservation of an expansion area for
all on-site sewage disposal systems;
(c)
Requiring reservation of an area suitable for
replacing an aboveground sewage disposal system (e.g., a sand mound)
as a condition of approval of a lot which will utilize such a system;
(d)
Restricting driveway access along principal
roads; and
(e)
Requiring traffic studies at the preliminary
plan phase of significant development proposals.
(2)
To define the position of Maidencreek Township within
the context of the suburban Reading area. Actions implemented by this
chapter in pursuit of this goal include:
A.
No lot, tract, or parcel of land shall be subdivided; no land shall be developed; and no street, alley, sanitary sewer, storm sewer, water main, or concomitant facility shall be laid out, constructed, opened, or dedicated for public use or travel or for the use of occupants of building abutting or to abut on them, except according to the provisions of this chapter and Chapter 220, Zoning.
B.
No lot in a subdivision may be sold; no permit to
build, alter, or repair any building on land in a subdivision or land
development may be issued; and no buildings may be erected in a subdivision
or land development until a final subdivision or land development
plan has been approved and, where required, improvements have been
completed or their completion has been assured by a corporate surety
bond or the deposit in escrow of funds or securities sufficient to
cover the cost of the required improvements as estimated by the Township
Engineer.
D.
The scope of this chapter shall include all matters
over which, by law, the Township is authorized to exercise control
by enactment and enforcement of this Subdivision and Land Development
Ordinance, including, but not necessarily limited to, all improvements
within the tract undergoing subdivision or land development and the
improvement of adjacent public facilities, including streets and drainage
facilities which border upon the tract.
A.
Restrictions and regulations promulgated in this chapter
shall be held to be the minimum necessary to secure the public health,
safety, and welfare; shall be liberally construed in favor of the
Township of Maidencreek; and shall not be deemed a limitation, repeal,
or abrogation of any powers vested in the Township.
B.
Where the provisions of this chapter impose greater
restrictions than those of any statute, regulation, or other ordinance
in effect, the provisions of this chapter shall prevail. Where the
provisions of any statute, regulation, or other ordinance in effect
impose greater restrictions than those of this chapter, the provisions
of such statute, regulation, or other ordinance shall prevail.
The Board of Supervisors shall have the authority
to regulate subdivision and land development within the Township upon
enactment of this chapter in accordance with the provisions of § 501
of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10501.
The Board of Supervisors shall have jurisdiction
of subdivision and land development within the Township limits. In
order that the actions of the Board of Supervisors under this chapter
may be correlated with all relevant data and procedures, the Board
of Supervisors hereby designates the Township Planning Commission
as the agency of the Board of Supervisors.
A.
All plans for subdivision or land development shall
be referred upon submission to the Planning Commission for review.
B.
The Planning Commission shall make recommendations
to the Board of Supervisors concerning approval, disapproval, modification,
and 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 subdivider or land developer (as applicable)
shall be responsible for observing the procedures established in this
chapter and for submitting all plans and documents required herein.
The provisions of this chapter shall not be
construed to create liability on the part of the Township of Maidencreek
or any officer or employee thereof for any damages which may result
from reliance upon the provisions of this chapter or any administrative
decision lawfully or reasonably made in accordance with said provisions.
