[Ord. 100-1995, 7/3/1995, § 20.1]
This chapter shall be known as and may be cited as the "Spring Township Subdivision and Land Development Ordinance."
[Ord. 100-1995, 7/3/1995, § 20.2]
This chapter is enacted and ordained under grant of powers to the Spring Township Board of Supervisors by the General Assembly of the Commonwealth of Pennsylvania in the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as reenacted and amended.
[Ord. 100-1995, 7/3/1995, § 20.3]
1. 
This chapter is enacted for the following purposes:
A. 
To protect and provide for the health, safety and general welfare of the Township.
B. 
To guide the future growth and development of the Township in accordance with the comprehensive plan.
C. 
To protect the character and social and economic stability of all parts of the Township and to encourage the orderly and beneficial layout and development of the municipality; to establish reasonable procedures for subdivision review; and to ensure proper legal descriptions and monumenting of subdivided land.
D. 
To protect and conserve the value of land throughout the Township and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings.
E. 
To guide public and private policy and action in order to provide adequate and efficient transportation, water, sewerage, fire protection and other public requirements and facilities; to provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic throughout the Township, having particular regard to the avoidance of congestion in the streets and highways and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and design of streets; to ensure that public facilities and easements are available and will have a sufficient capacity to serve the proposed subdivision or land development.
F. 
To minimize pollution of surface and groundwater; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources.
[Ord. 100-1995, 7/3/1995, § 20.4]
1. 
In their interpretation and application, the regulations set by this chapter shall be held to be the minimum requirements adopted for the promotion of the purposes of this chapter.
A. 
Types of Control. This chapter contains regulations governing the following: submission procedures for the review and disposition of subdivision and land development plans; graphic and written information to be contained on or filed with such plans; the design and installation of required improvements; the layout and arrangement of lots and blocks; the reservation of land for public use: and methods of handling storm drainage and erosion and sedimentation.
B. 
New Subdivisions and Land Developments.
(1) 
No subdivision or land development of any lot, tract or parcel of land shall be made, and 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.
(2) 
This chapter shall apply to all plans submitted for initial approval of a subdivision or land development after the date of enactment of this chapter.
C. 
Existing Subdivisions and Land Developments.
(1) 
Any plan submitted for preliminary plan approval prior to the date of enactment of this chapter shall be reviewed under the terms of this chapter.
(2) 
This chapter shall apply to any subdivision or land development which occurred without obtaining approval required under this chapter or previous subdivision ordinances of this Township.
(3) 
The provisions of this chapter governing the design and installation of improvements shall apply to any unbuilt portion of a subdivision or land development for which a preliminary or final plan was approved more than five years prior to the date of the enactment of this chapter. Where final plan approval was preceded by preliminary plan approval, the five-year period shall be counted from the date of the preliminary plan approval.
(4) 
Any preliminary plan approved within five years prior to the date of enactment of this chapter shall be entitled to final plan approval, within five years of the date of approval of the said preliminary plan, according to the terms of said plan.
D. 
Relationship to Other Restrictions. The provisions of this chapter are not intended to interfere with, abrogate or annul other rules, regulations or ordinances; provided, that where this chapter imposes a greater restriction than that imposed by such other rules, easements, covenants, restrictions, regulations or ordinances, the provisions of this chapter shall control, except that for any development governed by the Spring Township Planned Residential Development Ordinance [Chapter 27, Part 13], where a provision of this chapter conflicts with a provision or provisions of Chapter 27, the provisions of Chapter 27 shall control.
E. 
Exemptions. This chapter shall not apply to any subdivision or land development exempted by the Pennsylvania Municipalities Planning Code or other laws of the Commonwealth of Pennsylvania, nor to the design and installation of improvements for developments governed by the Mobile Home Park Ordinance [Chapter 14, Part 1].
F. 
References. Specific methods and publications indicated in this chapter shall, in all cases, refer to the latest available edition and include revisions or amendments thereto.
[Ord. 100-1995, 7/3/1995, § 20.5]
1. 
Word Usage. For the purpose of this chapter, certain terms and words used herein shall be interpreted as follows:
A. 
Words used in the present tense include the future tense; the singular number includes the plural, and the plural number includes the singular; words of masculine gender include feminine gender, and words of feminine gender include masculine gender.
B. 
The words "includes" or "including" shall not limit the term to the specific example but is intended to extend its meaning to all other instances of like and kind character.
C. 
The word "person" includes an individual, firm, association, organization, partnership, trust, company, corporation or any other similar entity.
D. 
The words "shall" and "must" are mandatory; the words "may" and "should" are permissive.
E. 
The words "used or occupied" include the words "intended, designed, maintained or arranged to be used or occupied."
2. 
Definitions. Unless a contrary intention clearly appears, the following words and phrases shall have the meaning given in this section. All words and terms not defined herein shall be used with a meaning of standard usage. Where a definition given herein conflicts with the definition of such term found in the Pennsylvania Municipalities Planning Code, the definition of such term in the Planning Code shall prevail:
ACREAGE OF PROPERTY
The area contained within the property lines of a lot.
AGRICULTURAL PURPOSES
Land used, or available for use without substantial change, for farming activities such as raising of crops or livestock.
ALLEY
A street, usually located to the rear or side of properties otherwise abutting a street, used primarily for vehicular service access.
AMENDMENT
Any duly enacted change or revision of this chapter.
APPLICANT
A subdivider, owner or developer as hereinafter defined, who has filed an application for subdivision or land development, including his heirs, successors and assigns.
APPLICATION FOR DEVELOPMENT
Every application, whether preliminary, tentative or final, required to be filed and approved prior to start of construction or development including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan or for the approval of a development plan.
ARCHITECT
A professional, licensed by the Commonwealth of Pennsylvania to practice architecture.
BLOCK
An area bounded by streets and usually divided into lots.
BOULEVARD
A broad internal street with landscaped medians and planted rights-of-way lined with trees and grass cover.
BOUNDARY
A line marking the limit or border of a lot or district.
BOARD OF SUPERVISORS
The elected governing body of Spring Township, Centre County, Pennsylvania.
BRIDGE
A structure, including supports, erected over a depression or an obstruction, such as water, highway or railway and having a tract or passageway for carrying traffic or other moving loads.
BUILDING
A structure, including any part thereof, having a roof and used for the shelter or enclosure of persons or chattel.
CARTWAY
The portion of a street right-of-way designed or intended for vehicular use.
CENTER LINE
A line running parallel to and equidistant from both sides of a street or right-of-way.
COMMON OPEN SPACE
A parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of a development, not including streets, off-street parking areas, and areas set aside for public facilities.
CERTIFIED NURSERY STOCK
A guaranty from a nursery that each shade tree ordered is healthy and true to name.
COMMUNITY SEWAGE SYSTEM
Any system for the collection of sewage or industrial wastes of a liquid nature from two or more lots and treatment and/or disposal of the sewage or industrial waste on one or more of the lots or at any other site.
COMPREHENSIVE PLAN
The officially adopted Spring Township comprehensive plan.
COUNTY
The County of Centre, Commonwealth of Pennsylvania.
CUL-DE-SAC
A street intersecting another street at one end and terminating in a vehicular turnaround at the other end.
CULVERT
Any structure not classified as a bridge, which provides any opening under the roadway.
CUT
The difference between a point on the original ground and a designated point of lower elevation on the final grade: an excavation.
DEAD-END STREET
A street with only one vehicular traffic outlet.
DEDICATION
The conveyance of land or objects to some public use, made by the owner, and accepted for such use by or on behalf of the public by a municipality, school district or public authority.
DESIGN PATTERN
The generalized spatial distribution of development which establishes an identifiable and legible relationship of buildings to open space.
DEVELOPER
Any landowner, agent of such landowner or tenant with the permission of such landowner who makes or causes to be made a subdivision of land or a land development.
DEVELOPMENT LIMITATIONS
Those land characteristics including floodplains, mine subsidence, soil resources, carbonate geology and sloping land which affect the development potential of tract.
DEVELOPMENT PLAN
The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities. The phrase "provisions of the development plan," when used in this chapter, shall mean the written and graphic materials referred to in this definition.
DRIVEWAY
A corridor which provides motor vehicle access from a street into a lot.
DWELLING
A building designed for human living quarters.
DWELLING UNIT — A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, cooking, sleeping, eating and sanitation.
SINGLE-FAMILY HOUSE — A building designed for and occupied by one family or a group of persons living as a single household and surrounded by open space or yards and not attached to any other dwelling. Apartments are permitted as accessory uses in accordance with the Zoning Ordinance [Chapter 27]. Maximum occupancy shall be determined by the BOCA Building Code or the Spring Township Zoning Ordinance [Chapter 27], whichever is more restrictive.
PATIO HOUSE (ZERO LOT LINE) — A building which is designed for and occupied by one family or group of persons living as a single household with setbacks on three sides and one side built on a side property line (zero lot line house). Patio houses may be attached to adjacent dwellings with walls or fences to the side property line. Noncombustible material must be used when buildings are separated by 10 feet or less. Maximum occupancy shall be determined by the BOCA Building Code or the Spring Township Zoning Ordinance [Chapter 27], whichever is more restrictive.
DUPLEX — A building containing two one-family dwelling units. The dwelling units may be located on the same lot or separate lots. Maximum occupancy shall be determined by the BOCA Building Code or the Spring Township Zoning Ordinance [Chapter 27], whichever is more restrictive.
TOWNHOUSE — A building containing three or more dwelling units where each dwelling has its own outside access. Maximum occupancy shall be determined by the BOCA Building Code or the Spring Township Zoning Ordinance [Chapter 27], whichever is more restrictive.
APARTMENT BUILDING — A building containing more than three dwelling units where access to individual dwelling units is provided by a common entrance(s) to the building. Dwelling units may be located on top of one another. Maximum occupancy shall be determined by the BOCA Building Code or the Spring Township Zoning Ordinance [Chapter 27], whichever is more restrictive.
CONDOMINIUM — A dwelling, building or group of buildings in which the dwelling unit is owned individually and the structure, common areas and facilities are owned by all the owners or an association.
EASEMENTS
An interest in land owned by another. Shall include any and all existing, recorded or proposed easements for utilities, drainage, access or other purposes; including existing easements of access by description.
ELEVATION
Height, in feet, of a point on the ground above sea level.
ENGINEER
A professional engineer, licensed by the Commonwealth of Pennsylvania to practice engineering.
ENGINEER, TOWNSHIP
A professional engineer licensed as such in the Commonwealth of Pennsylvania, duly appointed as the Engineer for the Township.
EROSION AND SEDIMENTATION
EROSION — The removal of soil, stone and other surface materials by the action of natural elements.
SEDIMENTATION — The process by which mineral or organic matter is accumulated or deposited by the movement of wind and water or by gravity.
ESCROW
A deposit of cash in lieu of an amount required and still in force on a performance or maintenance bond.
EXCAVATION
Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed.
FILL
Any act by which earth, sand, gravel, rock or any other similar material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface; the difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade; the material used to make fill.
FLOODPLAIN
Areas subject to frequent periodic flooding as defined in Chapter 27, Zoning.
GRADING
The act of excavating and/or filling land for the purpose of changing natural slope.
HALF STREET
A street, generally parallel and adjacent to a property line, having a lesser right-of-way width than required by this chapter for improvement and use as a street.
BUILDING HEIGHT
The vertical distance of a structure measured from the average level of the ground surrounding the structure to its highest occupiable floor.
IMPROVEMENT
Those physical additions and installations required to render land suitable for the use intended, including streets, curbs and gutters, sidewalks, street signs and lights, walkways, sewer and water facilities, monuments and markers, shade trees, grading and stormwater drainage facilities.
LAND DEVELOPMENT
Any of the following activities:
A. 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
A group of two or more residential or nonresidential buildings, whether proposed individually or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or,
(2) 
The division or allocation of land or space, whether individually or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
B. 
A subdivision of land.
C. 
Development in accordance with the provisions for the exclusion of certain land development contained in Part 2 of this chapter.
LAND SURVEYOR
A professional licensed by the Commonwealth of Pennsylvania to practice surveying.
LANDOWNER
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase, whether or not such option or contract is subject to any condition; a lessee, if he is authorized under the lease to exercise the rights of the landowner; or other persons having a proprietary interest in land.
LANDSCAPE ARCHITECT
A professional licensed by the Commonwealth of Pennsylvania to practice landscape architecture.
LOT
A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
LOT, DOUBLE OR REVERSE FRONTAGE
A lot with front and rear street frontage; a lot extending between and having frontage on an arterial and minor street.
LOT LINE
A boundary line of a lot; includes "property line."
MAJOR VARIATION
Any of the following changes to the approved preliminary plan may constitute a "major variation":
A. 
An increase in the percentage of the total limited uses as shown on the approved preliminary plan.
B. 
A decrease in the open space, as shown on the approved preliminary plan.
C. 
A change in the location of vehicular access points.
D. 
A change that departs from the design pattern.
MAXIMUM BUILDING COVERAGE
The percentage of area of the land planning unit which may be occupied by the ground floor area of all primary, limited and accessory use buildings.
MINOR VARIATION
A change that does not alter the design pattern of the approved preliminary plan. Examples of changes that constitute a "minor variation" include, but are not limited to, the following:
A. 
A change in the location of internal lot lines.
B. 
Changes in the allocation and placement of open space areas.
C. 
Alterations or adjustments to building and/or parking footprint or location.
D. 
Internal roadway plan adjustments that do not change the location of access points.
E. 
A change in building use that is in conformance with the permitted uses table on the approved preliminary plan.
F. 
A change in schedule or phase.
MEDIATION
A voluntary negotiating process in which parties in a dispute mutually select a neutral mediator to assist them in jointly exploring and settling their differences, culminating in a written agreement which the parties themselves create and consider acceptable.
MOBILE HOME
A transportable, single-family dwelling intended for permanent occupancy, contained in one unit, or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.
MOBILE HOME LOT
A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.
MOBILE HOME PARK
A parcel or contiguous parcels of land which has been so designated and improved that it contains two or more mobile home lots for the placement thereon.
MOTOR VEHICLE ORIENTED BUSINESS
Any commercial business or any portion thereof which, by design, type of operation or nature of business, provides service to motor vehicles in a short period of time including, but not limited to, an automatic car wash, self-service car wash or self-service gasoline station, or provides a service to occupants of the motor vehicle while they remain in the vehicle including, but not limited to, a drive-in bank, drive-in restaurant, drive-in beverage sales, pickup window or gasoline service station, or a business that by nature has a high-traffic turnover, such as convenience stores, video rental stores, fast food restaurants and take-out bottle and food shops.
MUNICIPAL
Of or for the Township of Spring unless specifically in reference to another municipality.
NONCONFORMING LOT
A lot the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption or amendment.
NONCONFORMING STRUCTURE
A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.
NONCONFORMING USE
A use, whether of land or of structure, which does not comply with the applicable use provisions in a zoning ordinance or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.
NORTH POINT
An arrow on a plan depicting true or magnetic North.
OFF-SITE SEWER SERVICE
A sanitary sewage collection system in which sewage is carried from individual lots by a system of pipes to a central treatment and disposal plant.
ON-SITE SEWER SERVICE
A sanitary sewage disposal system in which sewage is treated and discharged on the same lot as the use which it serves.
OPEN SPACE
That area within the perimeter boundaries of a plan that is intended to provide light and air and is designed for preservation of natural features, buffering or scenic or recreational purpose. "Open space" may occur within required perimeter setbacks and may include, but need not be limited to, lawns, decorative planting, walkways, active and passive recreation structures and areas, children's playgrounds foundations, pools or ponds, undisturbed natural areas, agriculture, wooded areas, water bodies and those areas where landscaping and screening are required. "Open space" must also be open and accessible to all tenants or users of the proposed development.
OWNER
The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase, whether or not such option or contract is subject to any condition; a lessee, if he is authorized under the lease to exercise the rights of the owner, or other persons having a proprietary interest in the land, shall be deemed to be an owner for the purpose of this chapter; landowner.
PATH
A paved path intended to furnish bicycle and/or pedestrian access.
PENNSYLVANIA MUNICIPALITIES PLANNING CODE
The Act of July 31, 1968, P.L. 805, as amended (53 P.S. § 10101 et seq.)
PERIMETER BOUNDARY
The line marking the outside limit of a plan.
PHASE
A component or definable part of a whole; a stage of development. A "phase" of a development plan is that part of the entire plan which, if implemented, is capable of standing on its own. A "phase" of planned development shall be able to function independently of the undeveloped "phases" while being compatible with adjacent or neighboring land uses, even if the remainder of the planned development were to be discontinued.
PLANNED RESIDENTIAL DEVELOPMENT
An area of land, controlled by a landowner, to be developed as a single entity for a number of dwelling units, or combination of residential and nonresidential uses, the development plan for which does not correspond in lot size, bulk, type of dwelling, or use, density or intensity, lot coverage and required open space to the regulations established in any one district created, from time to time, under provisions of the Township Zoning Ordinance [Chapter 27].
PLANNING COMMISSION
The Spring Township Planning Commission.
PZCO
Planning, Zoning and Code Officer duly appointed by the Spring Township Supervisors, Township of Spring, County of Centre, Pennsylvania.
PLAT
The map or plan of a subdivision or land development, whether preliminary or final.
RIGHT-OF-WAY
The total width of any land reserved or dedicated as a street, alley, crosswalk or for other public or private purposes including, but not limited to, the area reserved for cartway, shoulders, drainage and easements.
SCHEDULE
A "schedule" of development is the projected time frame in which the several phases of a development are to be implemented.
SEDIMENTATION
The process by which mineral or organic matter is accumulated or deposited by the movement of wind and water or by gravity.
SEED
To plant an area of ground with grass or similar vegetative ground cover.
SIGHT DISTANCE
The required length of cartway visible to the driver of a motor vehicle at any given point in the cartway when the view is unobstructed by traffic.
SIGHT TRIANGLE
An area of unobstructed vision at a street intersection. It is defined by lines of sight between two points at a given distance from the intersection of the street center lines.
SLOPE
The angle of the surface of the land to the plane of the horizon.
STEEP SLOPE
Land whose slope (surfaces at an angle to the plane of the horizon) is 25% or more (a vertical difference of 25 feet or more per 100 feet of horizontal distance).
STREET
Includes street, avenue, boulevard, road, highway, freeway, parkway, lane, alley, viaduct and any other ways used or intended to be used by vehicular traffic or pedestrians whether public or private.
ARTERIAL STREET – A major street with fast or heavy traffic or considerable continuity used primarily as a traffic artery connecting two or more neighborhoods or areas. Primary arterial streets extend through the entire urban area, while "secondary arterial streets" extend through only a portion of the area. For the purposes of this chapter, are listed in Appendix C.
COLLECTOR STREET – A major street which carries traffic from local streets to arterial streets. For the purposes of this chapter, existing "collector streets" are listed in Appendix C.
LOCAL STREET – Any street not herein defined as an alley, arterial, collector or marginal access street.
SUBDIVIDER
The owner of a lot, tract or parcel of land to be subdivided under the terms of this chapter.
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres not involving any new street or easement of access or any residential dwelling shall be exempted.
MAJOR SUBDIVISION – A subdivision of six lots or a subdivision for residential purposes of five lots or less which does not qualify for the single plan procedure under the minor residential subdivision provisions.
MINOR SUBDIVISION – A subdivision of five lots or less cumulatively from original parent tract not involving any new streets or easements of access.
SUBSTANTIALLY COMPLETED
Where, in the judgment of the Township Engineer, at least 90% (based on the cost of the required improvements for which financial security was posted pursuant to § 509 of the Pennsylvania Municipalities Planning Code) of those improvements required as a condition for final approval have been completed in accordance with the approved plan, so that the project will be able to be used, occupied or operated for its intended use.
TOWNSHIP
The Township of Spring, County of Centre, Commonwealth of Pennsylvania.
USE
Any purpose for which a lot or structure may be designed, intended, maintained or occupied or any activity, occupation, business or operation carried on in a structure on a lot.
WALKWAY
A right-of-way intended to provide pedestrian access.
WETLANDS
As defined by the Federal government.