[Ord. 96-266, 5/2/1996]
1.
Title. This chapter shall be known and may be cited as the "Cranberry
Township Subdivision and Land Development Ordinance."
2.
Authority. The Pennsylvania Municipalities Planning Code (MPC), Act
247 of 1228, as reenacted and amended by Act 170 of 1988, and as subsequently
amended, 53 P.S. § 10101 et seq. ("MPC"), enables and authorizes
governing bodies of municipalities to enact a subdivision and land
development ordinance to regulate subdivisions and land developments
situated within the Township.
3.
Jurisdiction. The provisions of this chapter shall apply to the area
within the boundaries of Cranberry Township, Butler County, Pennsylvania.
4.
Review and Approval Authority. All subdivisions and land developments
situated within the Township shall be submitted to the Planning Advisory
Commission for review and report and to the Supervisors for approval
in accordance with the provisions of this chapter.
[Amended by Ord. 2010-403, 10/7/2010]
[Ord. 96-266, 5/2/1996; as amended by Ord. 2014-445, 6/5/2014]
This chapter is adopted for the following purposes:
A.
To assist the orderly and efficient development of the Township.
B.
To promote the health, safety, morals and general welfare of the
residents of the Township.
C.
To secure equitable handling of all subdivision plans by providing
uniform procedures and standards.
D.
To provide recreational land and facilities for use of the residents
of the Township and nonresidents working in the Township.
E.
To encourage the utilization of appropriate construction practices
in order to prevent or minimize flood damage in the future.
[Ord. 96-266, 5/2/1996]
No subdivision or land development of any lot, tract or parcel
of land shall be made, no street, 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 of buildings abutting thereon, except
in accordance with the provisions of this chapter and this Code.
[Ord. 96-266, 5/2/1996]
1.
The Supervisors may grant a modification or waiver of the requirements
of one or more provisions of this chapter for the following reasons,
provided that such modification or waiver will not be contrary to
the public interest and that the purposes of the chapter are observed:
A.
Hardship. The literal enforcement of the provisions will exact undue
hardship because of peculiar conditions pertaining to the land in
question and the modification is the minimum necessary to afford relief.
B.
Alternative Standard. An alternative standard can be demonstrated
to provide equal or better results.
2.
Authority to Impose Conditions. When granting modifications, the
Supervisors may impose conditions to ensure that the public interest
is preserved and the intent of this chapter is observed.
3.
Requests in Writing. All requests for modifications or waivers shall
be in writing and shall accompany and be a part of the application
for development. The requests shall state in full the grounds and
facts of hardship or evidence of equal or better result on which the
request is based, the provision or provisions of the chapter involved
and the minimum modification necessary.
4.
Records Required. The Supervisors shall only by resolution or ordinance
grant requests for modifications setting forth the reasons which justified
the modifications.
[Ord. 96-266, 5/2/1996]
1.
Minimum Requirements. In the interpretation and application of this
chapter, the provisions shall be held to be minimum requirements,
adopted for the promotion of health, safety, morals and general welfare.
2.
Conflict with Other Public Provisions. Where any provision of the
chapter is at variance with any other ordinance, rule or regulation,
or other provision of law, the most restrictive provision or that
provision imposing the higher standard shall govern.
3.
Conflict with Private Provisions. Whenever the requirements of this
chapter are at variance with the requirements of deed restrictions,
covenants or other private agreements, or with restrictive covenants
running with the land to which the Township is a party, the most restrictive
requirement, or that requirement imposing the higher standard, shall
govern.
4.
Liability. The review or approval of a subdivision or land development
by the Township in accordance with the provisions of this chapter
shall not constitute liability upon the Township, its officials, or
employees.
5.
Amendment Procedure.
A.
Hearing and Notice. The Supervisors may, from time to time, amend
this chapter by appropriate action taken after a public hearing held
pursuant to public notice which public notice shall include a brief
summary setting forth the principal provisions of the proposed amendment
and a reference to the place within the Township where copies of the
proposed amendment may be secured or examined without charge or obtained
for a charge not greater than the cost thereof. Unless the proposed
amendment shall have been prepared by the Planning Advisory Commission,
the Supervisors shall submit the amendment to the Planning Advisory
Commission for recommendations at least 30 days prior to the date
fixed for the public hearing on such proposed amendment. At least
30 days prior to the hearing on the amendment, the Township shall
submit the proposed amendment to the County Planning Commission for
recommendation.[1]
[1]
Editor's Note: Amended at time of readoption of Code.
B.
Copy. Within 30 days after the adoption, the Supervisors shall forward
a copy of any amendment to this chapter to the County Planning Commission.
C.
Publication, Advertisement and Availability of Ordinance. The Township
shall publish the proposed amendment once in one newspaper of general
circulation within the Township not more than 60 days nor less than
seven days prior to passage. Publication shall include notice of the
time and place of the meeting at which passage shall be considered
and shall include either the full text of the amendment or the title
and brief summary prepared by the Township Solicitor and setting forth
all the provisions in reasonable detail. If the full text is not included,
a copy thereof shall be supplied to such newspaper of general circulation
and an attested copy of the proposed amendment shall be filed in the
County Law Library (or other county office designated by the County
Commissioners).
