[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.
ACREAGE OF PROPERTY
AGRICULTURAL PURPOSES
ALLEY
AMENDMENT
APPLICANT
APPLICATION FOR DEVELOPMENT
ARCHITECT
BLOCK
BOULEVARD
BOUNDARY
BOARD OF SUPERVISORS
BRIDGE
BUILDING
CARTWAY
CENTER LINE
COMMON OPEN SPACE
CERTIFIED NURSERY STOCK
COMMUNITY SEWAGE SYSTEM
COMPREHENSIVE PLAN
COUNTY
CUL-DE-SAC
CULVERT
CUT
DEAD-END STREET
DEDICATION
DESIGN PATTERN
DEVELOPER
DEVELOPMENT LIMITATIONS
DEVELOPMENT PLAN
DRIVEWAY
DWELLING
EASEMENTS
ELEVATION
ENGINEER
ENGINEER, TOWNSHIP
EROSION AND SEDIMENTATION
ESCROW
EXCAVATION
FILL
FLOODPLAIN
GRADING
HALF STREET
BUILDING HEIGHT
IMPROVEMENT
LAND DEVELOPMENT
A.
(1)
(2)
B.
C.
LAND SURVEYOR
LANDOWNER
LANDSCAPE ARCHITECT
LOT
LOT, DOUBLE OR REVERSE FRONTAGE
LOT LINE
MAJOR VARIATION
MAXIMUM BUILDING COVERAGE
MINOR VARIATION
A.
B.
C.
D.
E.
F.
MEDIATION
MOBILE HOME
MOBILE HOME LOT
MOBILE HOME PARK
MOTOR VEHICLE ORIENTED BUSINESS
MUNICIPAL
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
NORTH POINT
OFF-SITE SEWER SERVICE
ON-SITE SEWER SERVICE
OPEN SPACE
OWNER
PATH
PENNSYLVANIA MUNICIPALITIES PLANNING CODE
PERIMETER BOUNDARY
PHASE
PLANNED RESIDENTIAL DEVELOPMENT
PLANNING COMMISSION
PZCO
PLAT
RIGHT-OF-WAY
SCHEDULE
SEDIMENTATION
SEED
SIGHT DISTANCE
SIGHT TRIANGLE
SLOPE
STEEP SLOPE
STREET
SUBDIVIDER
SUBDIVISION
SUBSTANTIALLY COMPLETED
TOWNSHIP
USE
WALKWAY
WETLANDS
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:
The area contained within the property lines of a lot.
Land used, or available for use without substantial change,
for farming activities such as raising of crops or livestock.
A street, usually located to the rear or side of properties
otherwise abutting a street, used primarily for vehicular service
access.
Any duly enacted change or revision of this chapter.
A subdivider, owner or developer as hereinafter defined,
who has filed an application for subdivision or land development,
including his heirs, successors and assigns.
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.
A professional, licensed by the Commonwealth of Pennsylvania
to practice architecture.
An area bounded by streets and usually divided into lots.
A broad internal street with landscaped medians and planted
rights-of-way lined with trees and grass cover.
A line marking the limit or border of a lot or district.
The elected governing body of Spring Township, Centre County,
Pennsylvania.
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.
A structure, including any part thereof, having a roof and
used for the shelter or enclosure of persons or chattel.
The portion of a street right-of-way designed or intended
for vehicular use.
A line running parallel to and equidistant from both sides
of a street or right-of-way.
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.
A guaranty from a nursery that each shade tree ordered is
healthy and true to name.
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.
The officially adopted Spring Township comprehensive plan.
The County of Centre, Commonwealth of Pennsylvania.
A street intersecting another street at one end and terminating
in a vehicular turnaround at the other end.
Any structure not classified as a bridge, which provides
any opening under the roadway.
The difference between a point on the original ground and
a designated point of lower elevation on the final grade: an excavation.
A street with only one vehicular traffic outlet.
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.
The generalized spatial distribution of development which
establishes an identifiable and legible relationship of buildings
to open space.
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.
Those land characteristics including floodplains, mine subsidence,
soil resources, carbonate geology and sloping land which affect the
development potential of tract.
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.
A corridor which provides motor vehicle access from a street
into a lot.
A building designed for human living quarters.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Height, in feet, of a point on the ground above sea level.
A professional engineer, licensed by the Commonwealth of
Pennsylvania to practice engineering.
A professional engineer licensed as such in the Commonwealth
of Pennsylvania, duly appointed as the Engineer for the Township.
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EROSION — The removal of soil, stone and other surface
materials by the action of natural elements.
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SEDIMENTATION — The process by which mineral or organic
matter is accumulated or deposited by the movement of wind and water
or by gravity.
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A deposit of cash in lieu of an amount required and still
in force on a performance or maintenance bond.
Any act by which earth, sand, gravel, rock or any other similar
material is dug into, cut, quarried, uncovered, removed, displaced,
relocated or bulldozed.
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.
Areas subject to frequent periodic flooding as defined in Chapter 27, Zoning.
The act of excavating and/or filling land for the purpose
of changing natural slope.
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.
The vertical distance of a structure measured from the average
level of the ground surrounding the structure to its highest occupiable
floor.
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.
Any of the following activities:
The improvement of one lot or two or more contiguous lots, tracts
or parcels of land for any purpose involving:
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,
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.
A subdivision of land.
Development in accordance with the provisions for the exclusion of certain land development contained in Part 2 of this chapter.
A professional licensed by the Commonwealth of Pennsylvania
to practice surveying.
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.
A professional licensed by the Commonwealth of Pennsylvania
to practice landscape architecture.
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.
A lot with front and rear street frontage; a lot extending
between and having frontage on an arterial and minor street.
A boundary line of a lot; includes "property line."
Any of the following changes to the approved preliminary
plan may constitute a "major variation":
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.
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 change in the location of internal lot lines.
Changes in the allocation and placement of open space areas.
Alterations or adjustments to building and/or parking footprint
or location.
Internal roadway plan adjustments that do not change the location
of access points.
A change in building use that is in conformance with the permitted
uses table on the approved preliminary plan.
A change in schedule or phase.
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.
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.
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.
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.
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.
Of or for the Township of Spring unless specifically in reference
to another municipality.
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.
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.
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.
An arrow on a plan depicting true or magnetic North.
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.
A sanitary sewage disposal system in which sewage is treated
and discharged on the same lot as the use which it serves.
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.
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.
A paved path intended to furnish bicycle and/or pedestrian
access.
The Act of July 31, 1968, P.L. 805, as amended (53 P.S. § 10101
et seq.)
The line marking the outside limit of a plan.
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.
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].
The Spring Township Planning Commission.
Planning, Zoning and Code Officer duly appointed by the Spring
Township Supervisors, Township of Spring, County of Centre, Pennsylvania.
The map or plan of a subdivision or land development, whether
preliminary or final.
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.
A "schedule" of development is the projected time frame in
which the several phases of a development are to be implemented.
The process by which mineral or organic matter is accumulated
or deposited by the movement of wind and water or by gravity.
To plant an area of ground with grass or similar vegetative
ground cover.
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.
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.
The angle of the surface of the land to the plane of the
horizon.
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).
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.
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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.
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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.
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LOCAL STREET – Any street not herein defined as an alley,
arterial, collector or marginal access street.
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The owner of a lot, tract or parcel of land to be subdivided
under the terms of this chapter.
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.
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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.
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MINOR SUBDIVISION – A subdivision of five lots or less
cumulatively from original parent tract not involving any new streets
or easements of access.
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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.
The Township of Spring, County of Centre, Commonwealth of
Pennsylvania.
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.
A right-of-way intended to provide pedestrian access.
As defined by the Federal government.
