The following rules and regulations for the subdivision of land in the Township of Darlington, Beaver County, Pennsylvania, were adopted by Ordinance No. 21, dated April 8, 1976, by the Township Board of Supervisors pursuant to Article
V, Section 501, of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.
This chapter became effective on April 8, 1976, and remained
in continuation and effect as modified and amended by the Darlington
Township Board of Supervisors, including this amended and restated
version of this chapter.
These regulations shall be known and may be cited as "The Subdivision
and Land Development Ordinance of the Township of Darlington."
The Board of Supervisors of Darlington Township, County of Beaver,
Commonwealth of Pennsylvania, enact and ordain this chapter governing
and regulating land subdivision and land development in the Township
of Darlington with the following purposes, intent and objectives in
view:
A. To regulate and assure sites adaptable to and suitable for land subdivision,
land development, building purposes and human habitation.
B. To regulate and provide for the harmonious and coordinated growth
and development of the Township, for adequate open spaces, for control
and movement of traffic, parks and recreation facilities, light, air
and proper distribution of population and development, thereby improving
and creating conditions favorable to the health, safety, morals and
overall general welfare of the citizens and residents of the Township
of Darlington.
C. To establish rules, regulations and provisions for the submittal
and processing of plans and plats, including provisions for preliminary
and final approval and for processing of final approval by stages
or sections of development.
D. To plan, promote, develop, direct and implement the intent, purposes
and program of the Township's Comprehensive Plan.
E. To accomplish and insure that:
(1) The layout or arrangement of subdivision or land development shall
conform to the Comprehensive Plan of the Township and to any regulations,
maps, programs or projects instituted or adopted in furtherance thereof;
(2) Streets and drives in and bordering a subdivision or land development
shall be coordinated, and be of such design, widths and grades, and
in such locations as deemed necessary to accommodate prospective traffic
and facilitate fire and police protection and any and all other municipal
and community services;
(3) Adequate easements or rights-of-way shall be provided for the location
and installation of public utilities, stormwater drainage, and sanitary
sewerage facilities;
(4) Reservations, if any, by the applicant or developer of any area designed
for use as public grounds shall be suitable in size, location and
topography for their designated uses;
(5) Land which is subject to flooding, subsidence, underground fires
or any other hazardous conditions either shall be made safe for the
purpose and uses for which such land is proposed to be used, or that
such land shall be set aside for uses which shall not endanger life
or property or further aggravate or increase the existing menace.
(6) Provisions are established governing the specifications and standards
by which streets and drives shall be graded and improved, and walkways,
curbs, gutters, storm drains, manholes, inlets, streetlights, fire
hydrants, water sewage collection, sewage treatment facilities and
other improvements shall be constructed and installed as a condition
and requirement precedent to final approval of plats and plans of
land development, or in the alternative, providing for the posting
of financial surety guaranteeing completion of said improvements.
(7) Provisions are established for encouraging and promoting flexibility,
economy and ingenuity in the layout and design of subdivisions and
land development, including provisions authorizing the Planning Commission
and Board of Supervisors to alter site requirements and for encouraging
other practices which are in accordance with modern and evolving principles
of site planning and development.
No subdivision of land into two or more lots, tracts or parcels
of land shall be effected; nor shall any land development of any lot,
tract or parcel of land be accomplished, made or effected; nor shall
any street, stormwater sewer, water main or other improvements or
facilities in connection therewith be laid out, constructed, opened
or dedicated for private or public use or travel or for the use of
occupants of buildings abutting said improvements; nor shall any earth
disturbing activity or grading of property be commenced in preparation
of such subdivision or land development or otherwise, unless excluded
or exempted as hereinafter stated, except in strict accordance with
the provisions of the regulations set forth in this chapter.
The subdivision of land by lease for agriculture purposes into parcels of more than 10 acres, not involving any new street, easement of access, or any residential dwelling, is exempted from the requirement of being processed as a subdivision of land. See definition of "subdivision" in Article
II hereof.
Excluded from the provisions and requirements of this chapter
regulating land developments, and being processed hereunder as a land
development, is such land development involving only:
A. The addition of an accessory building, including farm buildings,
on a lot upon which a principal structure exists, or upon a separate
lot subordinate and adjacent to another lot upon which a principal
structure exists, when such accessory building is for the sole use
of the occupant of the related principal structure; or
B. Additions or conversions of buildings or rides within the confines
of an existing enterprise which is considered an "amusement park"
as defined; provided, however, this exclusion shall not apply to land
to be acquired and/or newly acquired, and which land is to be added
as additional area to the existing amusement park so as to be included
within the confines of the amusement park. Such additional lands to
be acquired and/or newly acquired lands shall be required to be processed
per the provisions of this chapter, as a subdivision if a subdivision
of land is involved, and as a land development until and after initial
plans for the expanded area have been approved per this chapter to
be thereafter considered as a part of and within the confines of the
amusement park.
No lot in a subdivision may be sold, and no permit to erect,
alter or repair any structure or building upon land in a subdivision
or development, including a planned residential development that has
achieved final approval, shall be issued, and no building shall be
erected in a subdivision or development, including a planned residential
development that has achieved final approval, or grading of the property
be commenced, unless and until:
A. The applicable sewage facilities planning module has been approved
by the Township and/for the Pennsylvania Department of Environmental
Protection;
B. The subdivision or land development plan has been approved with final approval by the Township as required by this chapter or Chapter
172, Zoning, of the Code of the Township of Darlington;
C. The applicable subdivision plan, or planned residential development
plan, or other required documents applicable to any subdivision or
land development are recorded in the Beaver County Recorder of Deeds
Office; and further
D. If improvements of streets, roads, drainage facilities, stormwater
detention facilities or similar improvements are involved as to such
subdivision or land development, not until such improvements required
by the Township have either been fully constructed and installed or
a satisfactory financial guarantee has been furnished by the owner
or developer to the Township that the improvements required by the
Township will be completed within a period of time.