[Ord. 5/3/1982, § 100]
This chapter shall be known and may be cited
as the "Charlestown Township Subdivision and Land Development Ordinance
of 1982."
[Ord. 5/3/1982, § 101]
1.
This chapter is enacted for purposes which are to
provide for and accomplish the following:
A.
To assist in the harmonious, orderly, efficient and
integrated development of Charlestown Township.
B.
To ensure that the arrangement and design of subdivisions and land developments conforms to the Comprehensive Plan, the official Sewage Facilities Plan, Zoning Ordinance [Chapter 27] and all other ordinances, codes, regulations, plans and maps adopted in furtherance thereof.
C.
To promote and protect the health, safety and welfare
of the residents of the Township.
D.
To assure sites suitable for building purposes and
human habitation and use.
E.
To facilitate and accommodate prospective pedestrian
and vehicular movement, fire protection and the rendition of other
essential services through a coordinated system and design of streets.
F.
To ensure the coordination and conformity of subdivision
and land development plans with the public improvement plans of the
Township regarding such facilities as streets, sewers and other community
or association services.
G.
To establish a uniform and equitable procedure for
the review and processing of subdivision and land development plans.
H.
To establish standards to ensure that developments
are environmentally sound by requiring preservation of existing natural
features to the greatest practical extent in areas affected through
excavation, construction or other land development activities.
I.
To establish minimum standards for the design and
construction of improvements, which aid in the use and enjoyment of
land, such as streets, sidewalks, adequate drainage and water and
sewage facilities, and which would aid in precluding adverse environmental
effects, such as sedimentation, erosion, flooding, deforestation and
water pollution.
[Ord. 5/3/1982, § 102]
1.
The provisions of this chapter shall be deemed to
be minimum requirements necessary to meet the foregoing purposes.
However, when interpreting such requirements, the following shall
be noted:
A.
Where owning to special or unique conditions, the
life, health, safety or property or persons may be menaced or jeopardized
by the application of any of the requirements of this chapter, more
stringent or restrictive requirements necessary to eliminate or alleviate
such menace or jeopardy may be applied or imposed by the Board of
Supervisors.
B.
Where owing to special or unique conditions, the provisions
of this chapter will inflict unnecessary hardship upon the applicant,
reasonable exceptions to such provisions may be made by the Board
of Supervisors as will not be contrary to the foregoing purposes,
or to the public interest, upon prior recommendation of the Planning
Commission.
C.
Where the provisions of this chapter impose more stringent
requirements than those of any statute, ordinance or regulation, the
provisions of this chapter shall prevail; where the provisions of
any statute, ordinance, code or regulation impose more stringent requirements
than those of this chapter, such statute, ordinance, code or regulation
shall prevail.
[Ord. 5/3/1982, § 103]
1.
In accordance with Article V, § 501 of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10501, as amended, the
Charlestown Township Board of Supervisors shall have the authority
to regulate subdivision and land development within the Township by
enacting this chapter. Through such authority the following shall
apply:
A.
No subdivision, re-subdivision or land development of any lot, tract or parcel of land within the Township shall be made, and no street, alley, sanitary sewer, capped sewer, storm sewer, water main, or other such facilities in connection therewith, or other improvements of any kind, 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, the Charlestown Township Zoning Ordinance of 1979 [Chapter 27], as amended from time to time, and all other Township ordinances, codes, regulations, plans and maps, as amended from time to time.
B.
No lot in a subdivision may be sold, no permit to erect, alter, or add to any building or other structure or portion thereof upon land in a subdivision or land development may be issued, and no building may be erected in a subdivision or land development unless and until a subdivision or land development plan, filed in accordance with this chapter, has been approved and, where required, recorded, unless and until the required improvements in connection therewith along, upon or through the lot or lots to be sold or built upon and to an existing improved street, have been constructed and approved, or in lieu thereof, the Township has been assured of the completion of such construction, and the maintenance thereof, by means of a completion and maintenance guarantee in the form of a bond or other security sufficient to cover the cost of the required improvements, and their maintenance, as set forth in Part 6 of this chapter.
[Ord. 5/3/1982, § 104]
1.
The Board of Supervisors shall have jurisdiction of
subdivision and land development within the Township. In order that
the actions of the Board of Supervisors under this chapter may be
correlated with all relevant data and procedures, the Board of Supervisors
hereby designates the Township Planning Commission as the agency to
which the following responsibilities are assigned:
A.
To review, upon filing with the Township Secretary,
all applications for either preliminary or final approval of subdivision
and/or land development plans.
B.
To engage in all preliminary consultations with the
applicant relating to such plans.
C.
To make recommendations to the Board of Supervisors
concerning approval, disapproval, modification and conditions of approval
of such plans.
D.
To make recommendations to the Board of Supervisors
concerning the rationale for the granting of modifications to the
provisions, requirements and standards of this chapter.
E.
To determine whether or not any preliminary or final
plan submissions are complete and acceptable to the Township for the
purpose of establishing the date of filing.
