This chapter shall be known and may be cited as "The Peters
Township Subdivision and Land Development Ordinance."
This chapter is established for the purpose of assuring sites
suitable for building purposes and human habitation; to provide for
the harmonious development of the Township, in accordance with the
Comprehensive Development Plan; for the coordination of existing development
with proposed development within the Township; and for adequate open
spaces, for proper traffic flows, recreation, light and air, and for
proper distribution of population, thereby creating conditions favorable
to the health, safety, morals and general welfare of the citizens.
Hereafter, no activity covered by these regulations shall be
permitted; no land shall be subdivided (See definition for "subdivision.");[1] no land shall be developed (See definition for "land development.");
no improvements to land (See definition.) shall be laid out, constructed,
opened or dedicated for public use or travel, or for the common use
of occupants of buildings or properties abutting thereon, except in
strict accordance with the requirements and procedures of this chapter.
The Peters Township Zoning Ordinance[1] and other applicable ordinances and regulations of the
Township are incorporated herein and made a part hereof by reference.
Whenever there is a difference between the minimum standards
specified herein and those included in other Township ordinances and
regulations, the more stringent requirements shall apply.
The layout or arrangement of the subdivision or land development
shall conform to the Comprehensive Plan and to any regulations or
maps adopted in furtherance thereof.
Hereafter, no lot in a subdivision may be sold; no permit to erect any building upon land in a subdivision may be issued; no cuts, grading or filling permitted; no street, walkway, curbs, gutters, streetlight, fire hydrants, shade trees, sanitary sewer, storm sewer, waterline or other improvements as may be required shall be constructed, until the improvements required herein have been constructed or guaranteed in accordance with §§ 385-32 to 385-40 of this chapter.
Hereafter, except as provided in this chapter, any plat of any
subdivision, street or development of land not approved by the Planning
Commission or the Council in accordance with the provisions and procedures
as set forth herein shall be null and void.
A.
From the time an application for approval of a plat, whether preliminary
or final, is duly filed as provided in this chapter and while such
application is pending approval or disapproval, no change or amendment
of the zoning, subdivision or other governing ordinance or plan shall
affect the decision on such application adversely to the applicant
and the applicant shall be entitled to a decision in accordance with
the provisions of the governing ordinances or plans as they stood
at the time the application was duly filed.
B.
In addition, when a preliminary application has been duly approved,
the applicant shall be entitled to final approval in accordance with
the terms of the approved preliminary application as hereinafter provided.
However, if an application is properly and finally denied, any subsequent
application shall be subject to the intervening change in governing
regulations.
C.
When application for approval of a plat, whether preliminary or final,
has been approved without conditions or approved subject to conditions
acceptable to the applicant, no subsequent change or amendment in
the zoning, subdivision or other governing ordinance or plan shall
be applied to affect adversely the right of the applicant to commence
and to complete any aspect of the approved development in accordance
with the terms of such approval within five years from such approval.
Where final approval is preceded by preliminary approval, the five-year
period shall be counted from the date of the preliminary approval.
In the case of any doubt as to the terms of a preliminary approval,
the terms shall be construed in the light of the provisions of the
governing ordinances or plans as they stood at the time when the application
for such approval was duly filed.
D.
Where the landowner has substantially completed the required improvements
as depicted upon the final plat within the aforesaid five-year limit,
or any extension thereof as may be granted by the Council, no change
of municipal ordinance or plan enacted subsequent to the date of filing
of the preliminary plat shall modify or revoke any aspect of the approved
final plat pertaining to zoning classification or density, lot, building,
street or utility location.
E.
In the case of a preliminary plat calling for the installation of
improvements beyond the five-year period, a schedule shall be filed
by the landowner with the preliminary plat delineating all proposed
sections, as well as deadlines, within which applications for final
plat approval of each section are intended to be filed. Such schedule
shall be updated annually by the applicant on or before the anniversary
of the preliminary plat approval, until final plat approval of the
final section has been granted and any modification in the aforesaid
schedule shall be subject to approval of the Council in its discretion.
Each section in any residential subdivision or land development, except
for the last section, shall contain a minimum of 25% of the total
number of dwelling units as depicted on the preliminary plan, unless
a lesser percentage is approved by the Council in its discretion.
Provided the landowner has not defaulted with regard to or violated
any of the conditions of the preliminary plat approval, including
compliance with the landowner's aforesaid schedule of submission
of final plats for the various sections, then the aforesaid protections
afforded by substantially completing the improvements depicted upon
the final plat within five years shall apply and for any section or
sections, beyond the initial section, in which the required improvements
have not been substantially completed within said five-year period
the aforesaid protections shall apply for an additional term or terms
of three years from the date of final plat approval for each section.
Failure of the landowner to adhere to the aforesaid schedule of submission
of final plats for the various sections shall subject any such section
to any and all changes in zoning, subdivision and other governing
ordinance enacted by the Township subsequent to the date of the initial
preliminary plan submission.
F.
These provisions shall apply to any land development or subdivision
filed on or after August 9, 1982. Any subdivision or land development
for which preliminary plans were approved by a municipality within
the five-year period immediately preceding August 9, 1982, shall not
be adversely affected by any intervening or subsequent change in municipal
ordinances or plans pertaining to zoning subsequent to submission
of the preliminary plat, provided the landowner has commenced or does
commence, installation of the improvements depicted upon the approved
final plat within three years of approval of same.
A.
At no time shall any portion of any land development be separated
from the ownership of the entire tract of development without the
review of the Planning Commission and approval of the Council. Such
approval shall constitute a "subdivision" as provided for in this
chapter, and shall take into consideration: the nature of land development
under the original plan; the performance of the developer to date,
including his ability to meet past obligations to either the Township
or his tenants; and the nature of the proposed ownership as related
to the future maintenance of land and buildings.
B.
Any separation of ownership within a land development shall be considered
a "condominium" as defined in this chapter and the requirements set
forth in the FHA Series 1400 Suggested Legal Documents for Planned
Unit Developments (April 1973, or as amended) and the Uniform Condominium
Act, 68 Pa.C.S.A. § 3101 et seq., shall be considered minimum
standards for the establishment of a condominium association, and
the Planning Commission may, in its discretion, require additional
information and documentation from the applicant to establish that
an appropriate plan shall be formulated to adequately assure the continued
maintenance of the common areas. The final decision as to the propriety
of the maintenance guarantee or the plan formulated by the applicant
shall rest with the Council.[1]
A.
Procedural modifications. Where an applicant feels that extraordinary hardship results from strict compliance with § 385-3 of this chapter, a written application may be submitted to the Council requesting a hearing and modification of the requirements to accommodate the specific hardship. Such a request shall accompany and be a part of the application for development. The application shall state in full the grounds of unreasonableness or undue hardship on which the request is based, the provision(s) of the ordinance involved, and the minimum modification necessary. If the Council determines that, by modification of the requirements, substantial justice may be done, and the public interest may be secured, and the granting of such modifications will not be detrimental to other property in the vicinity, the Council may grant such modifications, provided that same will not have the effect of nullifying the intent and purpose of the spirit of these regulations. The Council shall keep a written record of all action on all such requests for modifications of the requirements.
B.
Substantive modifications. The Planning Commission may recommend to the Council departures from any of the provisions and requirements set forth in §§ 385-32 to 385-40 of this chapter when, in the opinion of the Planning Commission, an alternative standard has been demonstrated to provide equal or better results in accordance with modern and evolving principles of site planning and development. A written application from the subdivider or developer shall state in full the grounds on which the request is based, the provision(s) of the ordinance involved and the minimum modification necessary. The decision of the Council of Peters Township shall be final.
C.
Exemption from recorded plat for land development.
(1)
Subsequent to the preapplication conference with the Planning Department
staff, a recommendation shall be prepared by the staff to the Planning
Commission as to whether a land development (See definition.[1]) may be eligible for a procedural modification by exempting
the land development from the requirement of submitting preliminary
plans and plats for recording if such a modification is being requested
by the developer. This recommendation for an exemption shall be based
on a review of the following site conditions:
(a)
The need for the dedication of additional right-of-way or new
rights-of-way.
(b)
The need to record or revise existing easements or new easements
for public sanitary sewers or storm sewers, public utilities, or stormwater
management facilities.
(c)
The need to install public streets and/or other public improvements.
(d)
The need to combine two or more parcels, or the need to establish
lease lines or ownership/mortgage lines.
(2)
If, in the judgment of the Planning Commission, no recorded plat
should be required, the applicant may be exempt from the submission
of plans required by these regulations.
