This chapter shall be known and may be cited as "The Shirley
Township Subdivision and Land Development Ordinance."
The purpose of this chapter is to:
A.
Protect and promote the safety, health and general welfare of the
citizens of Shirley Township.
B.
To conserve open land, including those areas containing unique and
sensitive natural features such as woodlands, steep slopes, streams,
floodplains and wetlands, by setting them aside from development.
C.
To protect areas of the Township with productive agricultural soils
for continued or future agricultural use, by conserving blocks of
land large enough to allow for efficient farm operations.
D.
To provide for efficient and orderly extension of community services
and the coordination of existing streets and public utilities with
new facilities.
E.
To assist in the orderly, efficient and integrated development of
land and related community facilities.
F.
To provide uniform standards and procedures to secure equitable handling
of all subdivision plans.
G.
To implement the Shirley Township Comprehensive Plan and through
partnership to implement the Huntingdon County Comprehensive Plan.
The authority of the Board of Township Supervisors to adopt this chapter regulating subdivision and land development within Shirley Township is granted by Article V of the Pennsylvania Municipalities Planning Code of July 31, 1968, Act No. 247, as amended.[1] As a result, no subdivision or land development of any
lot, tract or parcel of land shall be made, no streets, sanitary sewer,
storm sewer, water main 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' buildings abutting
thereon, except in accordance with the provisions of this chapter.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
The provisions of this chapter shall be interpreted to be the
minimum requirements to meet purposes of the chapter. Where the provisions
of this chapter conflict or are inconsistent with the provisions of
any other regulation or requirement, the more restrictive provisions
in question shall apply.
In conformance with the requirements of Section 502(b) of the
Pennsylvania Municipalities Planning Code,[1] all applications for subdivision and/or land development
approval within Shirley Township shall be forwarded upon receipt to
the Huntingdon County Planning Commission for review and report. Such
action shall occur at the preliminary and final plan stages, and the
Township shall not take action on said plans until the county report
is received or until the expiration of 30 days from the date the plans
were forwarded to the county.
[1]
Editor's Note: See 53 P.S. § 10502.
The grant of a permit or approval of a subdivision and/or land
development plan shall not constitute a representation, guarantee,
or warranty of any kind by the Township or by any official or employee
thereof of the practicability or safety of the proposed use and shall
create no liability upon the Township, its officials or employees.
A.
This chapter shall become effective May 5, 2009, and shall remain
in effect until modified or rescinded by the Board of Township Supervisors.
This chapter shall supersede and replace all other conflicting regulations
issued by the Township previous to the approval date of this chapter.
No applicable land development or subdivision of land shall occur
in Shirley Township except by the provisions of this chapter. Compliance
with this chapter does not release any party from compliance with
other applicable local, county, state or federal laws or regulations.
B.
Should any portion of this chapter be declared by the courts to be
unconstitutional or invalid, such decision shall not affect the validity
of the chapter as a whole, nor the validity of any other section or
provision of the chapter, other than the one so declared.
C.
All subdivisions and land developments approved by the Board of Township
Supervisors prior to the effective date of this chapter shall remain
valid. Likewise, all subdivision and land development plans submitted
for final approval to the Board of Township Supervisors prior to the
effective date of this chapter shall be governed by the Subdivision
and Land Development Ordinance in effect at the time of final submission.
Copies of the Shirley Township Subdivision and Land Development
Ordinance shall be made available to the general public at a fee adequate
to compensate the Township for the cost of reproduction.
