This chapter shall be known as the "Newtown Township Subdivision and Land Development Ordinance" and may be cited as the "Township Subdivision Ordinance."
This chapter has been prepared in accordance with the Pennsylvania Municipalities Planning Code (53 P.S. § 10101 et seq., Act 247 of 1968, as amended) and the Newtown Township Comprehensive Plan for the following purposes:
A. 
To assure that development occurs only on sites suitable for building purposes and human occupancy.
B. 
To assure that development of the Township is orderly, efficient, integrated and harmonious with the environment.
C. 
To coordinate proposed streets with existing streets or other proposed streets, parks or other features of the Township.
D. 
To assure that adequate open spaces are retained for recreation and for the proper distribution of population.
E. 
To ensure coordination of subdivision and land development plans with Township, intermunicipal, county and commonwealth improvement plans.
F. 
To eliminate or minimize adverse effects or damage to the environment and biosphere and to encourage productive and enjoyable harmony between man and his environment, consistent with the mandates of the National Environmental Policy Act of 1969 and Article 1, Section 27 (the Environmental Amendment), of the Pennsylvania Constitution.
G. 
To secure equitable handling of all subdivision and land development plans by providing uniform procedures and standards.
H. 
To protect the social and economic stability of the Township and conserve the value of land and buildings in the Township.
I. 
To create conditions favorable to the health, safety and general welfare of the citizens of Newtown Township.
The provisions of this chapter shall be held to be minimum requirements to meet the above-stated purposes. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall prevail. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than those of this chapter, the provision of such statute, ordinance or regulation shall prevail.
From and after the effective date hereof, the Board of Supervisors shall have the authority to regulate subdivision and land development within the Township.
The Board of Supervisors shall have the jurisdiction of subdivision and land development within the Township limits. In order to aid the Board of Supervisors in its consideration of subdivisions and land developments, the Board of Supervisors hereby decrees that the Planning Commission of Newtown Township shall serve the following functions:
A. 
All plans upon submission to the duly authorized representative of the Township shall be referred to the Planning Commission for review, except minor changes to conditional use applications.
B. 
The Planning Commission shall make recommendations to the Board of Supervisors concerning approval, disapproval, modification and/or 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 and related ordinances.
All ordinances and parts of ordinances inconsistent herewith are hereby repealed to the extent that such ordinances or parts of ordinances are inconsistent herewith, except to the extent that they are made applicable to projects by state statute because of the dates of the projects. However, no such ordinance or parts of such ordinance shall be deemed to be repealed by virtue of a more stringent interpretation as provided for in § 148-3.
A. 
No lot, tract or parcel of land shall be subdivided and no land may be developed and no street or concomitant facility may be laid out, constructed, opened or dedicated for public use or travel or for the use of occupants of buildings abutting or to abut on them, except in accordance with the provisions of this chapter and other applicable Township ordinances and regulations.
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 building may be erected in a subdivision or land development until a final subdivision or land development plan has been approved and recorded in accordance with this chapter and, where improvements are required, such improvements have been completed or their completion has been assured by a performance guaranty consistent with the terms of Article V of Act 247, as amended,[1] and with §§ 148-15 and 148-50 of this chapter.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
C. 
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 chapter, including but not limited to:
(1) 
All improvements within any tract undergoing subdivision or land development.
(2) 
The improvement of public facilities, adjacent to any tract undergoing subdivision or land development, including streets and drainage facilities which border upon any such tract.
(3) 
The installation or enhancement of off-site improvements needed to adequately serve the subdivision or land development.
D. 
The scope of this chapter shall not include dedications of rights-of-way to the Newtown Township Sewer Authority or power and communication lines where such dedications are made independently and not related to any matter itself a subject of this chapter. The dedication of rights-of-way, however, which provide for maintenance of vehicle accessways for utilities, such as for the Philadelphia Suburban Water Company, shall be included within the scope of this chapter.