This chapter shall be known and may be cited as the "The Delaware County Subdivision and Land Development Ordinance of 2016."
This Subdivision and Land Development Chapter (chapter) shall become effective on August 13, 2016, and shall remain in effect until modified, amended, or rescinded by Delaware County.
A. 
The purposes of this chapter are:
(1) 
To provide for the harmonious, orderly, efficient, and integrated growth of Delaware County by encouraging redevelopment in eastern municipalities to help reduce development pressures in the western municipalities and to conserve remaining open space;
(2) 
To promote and protect the public safety, health, and general welfare of the residents of the County;
(3) 
To establish reasonable standards of design and procedures for land development, subdivision, and reverse subdivision in order to promote the orderly layout and use of land;
(4) 
To ensure that sites are suitable for building and human habitation and for the intended use;
(5) 
To ensure that the arrangement and design of subdivisions and land developments conform to any applicable municipal zoning ordinance, official map, official sewage facilities plan, county and municipal open space, recreation, or greenway plans, comprehensive plans, and to all relevant county and municipal codes, regulations, plans, maps, and ordinances adopted in furtherance thereof;
(6) 
To facilitate and accommodate prospective pedestrian, vehicular, and other intermodal movement, fire protection, life safety, and other essential services through a coordinated circulation system and design of streets, trails, paths and sidewalks;
(7) 
To ensure the coordination and conformity of subdivision and/or land development plans with the capital improvement plans of municipalities regarding such facilities as streets, sewers, and other facilities and improvements;
(8) 
To establish standards that ensure the proper management of natural and historic resources by requiring the conservation of these existing resources to the greatest possible extent in areas affected by excavation, construction, or other land development activities;
(9) 
To provide for drainage, water supply, sewage disposal, and other appropriate utility service for land that is scheduled for growth under the County and municipal comprehensive plans;
(10) 
To provide for the arrangement of building lots, blocks, and streets so as to afford adequate light, view, and air and to facilitate emergency services;
(11) 
To encourage subdivision and land development in accordance with principles and practices which conserve energy, both during and after construction, and which encourage the use of alternative energy sources by the layout of the lots and the siting of buildings.
(12) 
To enable the development and redevelopment of a broad range of housing types which are affordable by residents of varying income levels;
(13) 
To establish a uniform and equitable procedure for the review and processing of subdivision and land development plans; and
(14) 
To ensure the recording of proper legal descriptions of subdivided land.
The provisions of this chapter shall be deemed to be the minimum requirements necessary to meet the foregoing purposes. However, when interpreting such requirements, the following shall be noted:
A. 
Where, owing to special or unique conditions, life, health, safety, or property of persons may be threatened or endangered 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 municipality.
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 which will not be contrary to the foregoing purposes or to the public interest and will be in conformance with the existing character of the community may be made by the municipality.
C. 
Where the provisions of this chapter impose more stringent requirements than those of any statute, ordinance, code, 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.
D. 
Where it is desirable to effect economy and ingenuity in the layout of subdivisions and land developments and to protect sensitive natural and historic resources, modifications of site requirements may be made in accordance with the guidelines set forth in § 195-1105 of this chapter, and the municipality may alter site requirements to encourage other practices which are in accordance with modern and evolving principles of site planning and development.
A. 
In accordance with § 195-501 of the Pennsylvania Municipalities Planning Code, Act 247,[1] as amended, municipalities shall have the authority to regulate subdivision and land development by enacting a subdivision and land development ordinance. Through such authority the following shall apply:
(1) 
No subdivision, reverse subdivision, or land development of any lot, tract, or parcel of land within the municipality shall be made, and no street, alley, sanitary sewer, capped sewer, storm sewer, water main, or gas, oil, or electric transmission line or other facilities 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 Ordinance regulations adopted herein and all other applicable municipal ordinances, codes, regulations, plans, and maps, as amended. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 507-A.)
(2) 
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 and/or land development may be issued, and no building may be erected in a subdivision or land development unless and until a final subdivision and/or land development plan is filed in accordance with § 195-306 of this chapter, has been approved and recorded in the Office of the Recorder of Deeds of the County of Delaware, Pennsylvania, and either the required improvements in connection therewith have been constructed or the municipality has been assured by means of a corporate bond or other security acceptable to the municipality that the improvements will subsequently be installed.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
The following are subject to the regulations of this chapter:
(1) 
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 initially 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 initially 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.
(2) 
A subdivision of land, including the division, reverse subdivision of a lot, tract, or parcel of land, or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership, or building or lot development.
A. 
This chapter shall apply to all subdivisions and land developments undertaken in those cities, borough, or incorporated towns or township wholly or partly within Delaware County, Pennsylvania, which have no Subdivision and Land Development in effect. It shall remain in effect in such a city, borough, or incorporated town or township (heretofore referred to as municipality) until a subdivision and land development ordinance is put into effect and a certified copy of such ordinance is filed with the Delaware County Planning Commission.
B. 
The municipal governing body shall have jurisdiction over subdivision and land development within the municipality. In order for the actions of the municipal governing body under this chapter to be correlated with all relevant data and procedures, the municipal governing body hereby designates the Municipal Planning Commission as the agency to which the following responsibilities are assigned:
(1) 
To engage in all preliminary consultations with the applicant relating to subdivision and/or land development plans.
(2) 
To review, upon filing with the municipality, all sketch subdivision and/or land development plan proposals.
(3) 
To review, upon filing with the municipality, all chapter application packets for either preliminary or final approval of subdivision and/or land development plans.
(4) 
To make recommendations to the municipal governing body concerning approval, disapproval, modification, and conditions of approval of subdivision and/or land development plans.
(5) 
To make recommendations to the municipal governing body concerning the rationale for the granting of modifications to the provisions, requirements, and standards of this chapter.
(6) 
To review this chapter and make recommendations to the municipal governing body on proposed amendments to it.
(7) 
In the performance of the Municipal Planning Commission functions, to enter upon any land to make examinations and surveys with the consent of the owner.
(8) 
Any municipality may, by separate ordinance, designate the Delaware County Planning Commission, with the Delaware County Planning Commission's concurrence, as its official administrative agency for review and approval of plats. (NOTE: See Pennsylvania Municipalities Planning Code, Act 247, Section 502(c).)
C. 
The municipal governing body authorizes the designated municipal official to determine whether or not any preliminary or final subdivision and/or land development plan application packets are complete, thereby being deemed an "officially submitted plan," and acceptable to the municipal governing body for the purpose of establishing the date of filing.
(1) 
The municipality shall, within seven calendar days, inspect such application packet to see if it contains the required information as listed in § 195-300D of this chapter.
(2) 
In the event that the submission is found to be incomplete, the municipality shall notify the applicant by certified mail return receipt requested or in person that the date of filing will not be effective until all required forms, fees, types, and copies of plans and papers are correctly submitted.
D. 
The municipal governing body may designate to additional boards or commissions of the municipality the following responsibilities:
(1) 
Should a municipal Open Space Committee and/or Park and Recreation Board exist, to review and make recommendations to the Municipal Planning Commission concerning the adequacy or appropriateness of open space, parks, or recreation proposed by either preliminary or final subdivision and/or land development plans.
(2) 
Should a municipal Historical Commission exist, to review and make recommendations to the Municipal Planning Commission or other appropriate municipal body concerning the impact upon historic resources of the municipality by proposed preliminary or final subdivision and/or land development plans.
(3) 
Should a Sewer Authority exist, to review and make recommendations to the Municipal Planning Commission concerning the consistency with the municipality's Act 537 Plan and the adequacy of any public sanitary sewage system proposed by preliminary or final subdivision and/or land development plans.
E. 
The municipal governing body shall designate a municipal official to enforce the provisions of this chapter.
F. 
Inspection of actual construction under any approved subdivision and/or land development plan shall be the sole responsibility of the municipality, which shall undertake reasonable measures to provide an adequate inspection of all projects.
G. 
In the event that any action by the applicant is inconsistent with the provisions of this chapter, the municipal governing body or its authorized representative may issue a cease and desist order or take such other appropriate action as is deemed necessary under the circumstances.
Should any court of competent jurisdiction decide that any section or provision of this chapter is unconstitutional or invalid, this decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Moreover, should any court of competent jurisdiction decide that the application of any provision of this chapter to any premises is unconstitutional or invalid, this decision shall be limited to the person, property, or situation immediately concerned and shall not affect the applicability of the relevant provision to other persons, properties, or situations.