A.
The Board of Supervisors of Middletown Township, Commonwealth of
Pennsylvania, has adopted, pursuant to the Pennsylvania Municipalities
Planning Code, this chapter governing the subdivision and development
of land within Middletown Township.
B.
This chapter shall become effective and shall remain in effect until
modified, amended or rescinded by the Board of Supervisors.
C.
The existing ordinance, adopted August 9, 1967, and entitled "Middletown
Township Subdivision and Land Development Regulations," and all supplements
and amendments thereto, are hereby repealed. Provided, however, if
the present ordinance is held to be ineffective or invalid by reason
of some irregularity in or impediment to its passage, this repealer
shall also be ineffective as aforesaid. Then and in that event, the
ordinance of 1967, together with its supplements and amendments, would
necessarily remain in full force and effect.
The purpose of this chapter is to regulate and control the division
and development of land within Middletown Township, pursuant to the
authority set forth in the Pennsylvania Municipalities Planning Code,
53 P.S. § 10101 et seq., setting forth the procedures to
be followed by the Planning Commission and the Board of Supervisors
in order to promote the public health, safety, morals and general
welfare of the community.
[Amended 12-1-1992 by Ord. No. 92-16; 8-16-2000 by Ord. No. 00-09]
It is the general intent of this chapter to regulate the division
and development of land as to:
A.
Regulate the flow of traffic in the streets and highways.
B.
Further the orderly and appropriate use of land.
C.
Secure safety from fire, panic and other dangers.
D.
Facilitate adequate provision for transportation, water, stormwater
management, sewerage, schools, parks, playgrounds and other public
facilities.
E.
Assure sites suitable for building purposes and human habitation,
and to provide for the harmonious development of Middletown Township.
F.
Coordinate existing streets with proposed streets, parks or other
features of the Township.
G.
Ensure adequate open space for traffic, recreation, light and air.
H.
Provide proper distribution of population.
I.
Give effect to the policies and proposals of the Comprehensive Plan
for Middletown Township.
This chapter may be cited as the "Middletown Township Subdivision
and Land Development Ordinance."
From and after the effective date of this chapter, any subdivision
or land development filed thereafter shall be in conformity with this
chapter and all standards and specifications adopted as part of this
chapter.
A.
The provisions of this chapter shall be held to be the minimum requirements
to meet the above-stated purpose and intent. When provisions, standards
and specifications of this chapter impose greater restrictions than
those of any state statute, other ordinance or regulation, this chapter
shall be controlling unless specified to the contrary.
B.
This chapter does not repeal, abrogate, annul or in any way impair
or interfere with existing provisions of other laws or ordinances,
except those specifically or explicitly repealed by this chapter,
or any private restrictions placed upon property by covenant, deed
or other private agreement unless repugnant hereto.
It is hereby declared to be the legislative intent that:
A.
If a court of competent jurisdiction declares any provision of this
chapter 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 chapter shall continue to be separately and fully
effective.
B.
If a court of competent jurisdiction finds the application of any
provision or provisions of this chapter to any lot, building or other
structure, or tract of land, to be invalid or ineffective, in whole
or in part, the effect of such decision shall be limited to the person,
property or situation immediately involved in the controversy, and
the application of any such provision to other persons, property or
situations shall not be affected.
C.
This chapter would have been adopted had such unconstitutional, illegal
or invalid provision not been included herein.
[Amended 12-1-1992 by Ord. No. 92-13]
A.
Subdivision and development control.
(1)
It shall be unlawful for the owner of any land in the Township,
or any other person, firm or corporation, to subdivide any lot, tract
or parcel of land, or lay out, construct, open or dedicate for public
use or travel any street, sanitary sewer, storm sewer, drainage facilities
or other facilities in connection therewith, or for the common use
of occupants of buildings within the subdivision or land development,
unless and until final plans of such subdivision or development shall:
(a)
Have been prepared by a registered professional engineer or
registered land surveyor;
(b)
Signed by the record owners of the land, and said signature
notarized; and
(c)
Submitted to and approved in writing thereon by the Township
Board of Supervisors and recorded in the Bucks County Recorder of
Deeds Office in Doylestown, Pennsylvania.
(2)
Before the approval of a plat by the Township, a copy shall
be transmitted to the Bucks County Planning Commission, and that Commission
shall make a report thereon to the Board of Supervisors. Pending the
receipt and consideration of such report, the Township shall defer
action thereon, but if such report is not received by the Township
within 30 days from the submission, or within such further time as
may be agreed upon by the Township, the Township may proceed to action
thereon.
B.
Sale of lots; issuance of building permits for erection of buildings.
(1)
No lot or condominium unit in a subdivision may be sold and
no permit to erect, alter or repair any building upon land in a subdivision
or land development may be issued unless and until a plan has received
final approval and until the municipal improvements required by the
Board of Supervisors in connection therewith have either been constructed
or guaranteed as hereinafter provided.
(2)
No building in a subdivision or land development depending on
ingress and egress upon the improvement of any street or streets herein
provided for shall be permitted to be occupied before improvements
are fully completed from a now existing paved street to and across
the front of the lot on which the building is located and/or to a
sufficient depth along the side of the lot to service any driveway,
driveways or parking spaces.
(3)
No building depending upon public water and sewer facilities
shall be permitted to be occupied before such facilities are fully
provided and operational.
