Township of Middle Smithfield, PA Article I General Provisions

§ 170-1 Intent.

This chapter amends and restates, in its entirety, the Subdivision and Land Development Ordinance of the Township of Middle Smithfield in order to establish rules, regulations and standards governing the subdivision, development and alteration of land within the boundaries of Middle Smithfield Township, Monroe County, Pennsylvania, pursuant to the authority set forth in Article V of the Pennsylvania Municipalities Planning Code (the "MPC"), as amended,[1] setting forth procedures to be followed by the Township Planning Commission and the Board of Supervisors in administering, applying and amending these rules, regulations and standards and prescribing penalties for the violation thereof.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

§ 170-2 Title.

This chapter shall be known as and may be cited as the "Middle Smithfield Township Subdivision and Land Development Ordinance of 2017." This ordinance shall serve as Chapter 170 of the Code of Ordinances of the Township of Middle Smithfield.

§ 170-3 Purposes and overall plan requirements.

This chapter has been adopted for the purpose of providing for conditions favorable to the health, safety, general welfare, convenience, economy and preservation of the environment for the citizens of Middle Smithfield Township through regulations that will ensure the harmonious development of the community and requires that all subdivision and development of land within the Township of Middle Smithfield shall be submitted to the Planning Commission and the Board of Supervisors. This chapter shall serve the authorized purposes for a subdivision and land development ordinance as provided in the MPC and the purposes stated in the Township Comprehensive Plan. The chapter's regulations include, but are not limited to:

A. Plan submission. Submittal and processing of plans, including:

(1) Procedures. Procedures for submittal, distribution and review of subdivision and land development plans.

(2) Review fees (the charging of review fees): Review fees are based on the schedule established and revised from time to time by resolution of the Board of Supervisors.

(a) Review fees shall include reasonable and necessary charges by the Township Planning Consultant and/or the Township Engineer for reviews and reports thereon.

(b) In the event that the applicant disputes the amount of any such review fees, the applicant shall follow the process in the MPC for such a dispute.

(3) Review and action. Provisions for preliminary and final subdivision plan, land development plan, site alteration plan and campground plan review and approval or rejection.

(4) Approval subject to specified conditions. Provisions for approval of a plan, whether preliminary or final, subject to specified conditions acceptable to the applicant and a procedure for the applicant's acceptance of any conditions which may be imposed, including a provision that the plan shall be rejected automatically upon the applicant's failure to accept such conditions within the time limit established in these regulations.

(5) Partial approval. Procedures for processing final plan approval by stages or sections.

B. Plan requirements.

(1) Requirements for subdivision and land development plans, including specifications that:

(a) All plans shall be certified as to accuracy and compliance by the professional engineer and/or professional land surveyor responsible for the plan.

(b) The layout or arrangement of the subdivision or land development shall conform to any comprehensive plan adopted by Middle Smithfield Township and to any regulations and/or maps adopted in furtherance thereof.

(c) Streets in and bordering a subdivision or land development shall be coordinated and be in such locations and of such widths and grades as necessary to accommodate prospective traffic and facilitate fire protection.

(2) All plans and surveys shall be prepared in accordance with the Professional Engineers and Professional Land Surveyors Registration Law, as amended.[1]

[1] Editor's Note: See 63 P.S. § 148 et seq.

C. Exclusions. Certain limited development is excluded from the definition of "land development" contained in Article II.

D. Easements. Provisions for adequate easements to be provided for access, drainage, stormwater management facilities, slopes and utilities.

E. Reservations. Reservations by the subdivider/developer of any area designed and designated for use as public grounds.

F. Hazards. Provisions that land which is subject to flooding, subsidence or any environmental and/or other hazards (such as existing landfills and underground fires) shall be made safe for the purpose for which such land is proposed to be used, or that such land shall be set aside for uses which shall not endanger life or property or further aggravate or increase the existing menace.

G. Street standards. Standards by which streets shall be designed, graded and improved and walkways, curbs, gutters, drainage facilities, streetlights, fire hydrants, water and sewage facilities and other improvements set forth on the plan shall be installed or guaranteed as a condition precedent to the approval of all final plans.

H. Phased development. Provisions which take into account phased land development not intended for immediate erection of buildings where streets, curbs, gutters, drainage facilities, streetlights, fire hydrants, water and sewage facilities and other improvements may not be possible to install as a condition precedent to final approval of plans, but will be a condition precedent to the erection of buildings on lands included in the approved plan.

I. Site planning and development. Provisions for encouraging and promoting flexibility, economy and ingenuity in the layout and design of subdivisions and land developments, renewable energy systems and energy-conserving building designs, including provisions authorizing alterations in site requirements and for encouraging other practices which are in accordance with modern and evolving principles of site planning said development.

J. Modifications. Provisions for administering modifications to the minimum standards of these regulations when the literal compliance with provisions is shown, to the satisfaction of the Board of Supervisors, to be unreasonable or to cause undue hardship or when an alternative standard can be demonstrated to provide equal or better results.

§ 170-4 Disclaimer of liability.

These regulations shall not create liability on the part of the Board of Supervisors, the Township Planning Commission or any employee or lawfully appointed officer or consultant of Middle Smithfield Township for damages that may result from reliance on this chapter, any amendment thereto or any administrative decision lawfully made thereunder.

§ 170-5 Compliance required.

A. 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 the occupants of buildings abutting thereon except in accordance with the provisions of these regulations.

B. A lot or parcel that was not a legal lot of record prior to adoption of this chapter shall not be created, sold or transferred, and no land development may occur on a lot unless and until:

(1) The subdivision of the lot and/or the approval of the land development, as applicable, has been granted final plan approval and any subdivision has been recorded; and

(2) Either of the following occurs, as provided in Article V:

(a) The Township has been assured by means of an improvements agreement and guarantees acceptable to the Board of Supervisors that the improvements will subsequently be installed; or

(b) The required improvements in connection therewith have been entirely completed.

§ 170-6 Applicability; effect of ordinance revisions on an application.

These regulations shall apply to all subdivisions and land developments located within the limits of Middle Smithfield Township which are subdivided, developed and submitted after the effective date of these regulations and also to all subdivisions approved by and/or pending approval before the Township in full accordance with the following:

A. Effect of amendments to Township development regulations to an application, § 508(4) of the MPC shall apply.[1]

[1] Editor's Note: See 53 P.S. § 10508.

B. Right to complete. When an application for approval of a final plan has been approved or approved subject to conditions acceptable to the applicant, nothing in any amendment to these regulations or any other governing ordinance shall be applied to adversely affect the right of the applicant to commence and to complete any aspect of the approved subdivision or land development in accordance with the terms of such approval within five years of such approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in light of the governing ordinances or plans as they stood at the time when the application for such approval was filed.

(1) Completion period. When final approval is preceded by preliminary approval, the aforesaid five-year period shall be counted from the date of the preliminary approval.

(2) Substantial completion. When the landowner has substantially completed the required improvements as depicted upon the final plan within the aforesaid five-year limit or any extension thereof as may be granted by the Board of Supervisors, no change of Township regulations, ordinances or plans enacted subsequent to the date of the filing of the preliminary plan shall modify or revoke, adversely to the applicant, any aspect of the approved final plan pertaining to zoning classification, density, lot size, building, street or utility location.

C. Landowner. No subdivision or land development shall be submitted to the Township for review except by the landowner of such land or his/her specifically authorized agent. (See definition of "landowner" in § 170-14, which includes equitable owner.)

D. Zoning. All subdivisions and land developments shall comply with the Township Zoning Ordinance[2] and other relevant Township codes and ordinances.

[2] Editor's Note: See Ch. 200, Zoning.

§ 170-7 Approval by sections.

In the case of a preliminary plan calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the landowner with the preliminary plan delineating all proposed sections as well as deadlines within which applications for final 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 plan approval until final plan approval of the last section has been granted, and any modification in the aforesaid schedule shall be subject to approval by the Board of Supervisors in its discretion.

§ 170-8 Dwelling units per section.

Each section in any phased 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 or tentative plan, unless a lesser percentage is approved by the Township in its discretion.

A. Time limits for completion by sections. Provided that the landowner has not defaulted with regard to or violated any of the conditions of the preliminary or tentative plan approval, including compliance with the landowner's aforesaid schedule of submission of final plans for the various sections, then the aforesaid protections afforded by substantially completing the improvements depicted upon the final plan within the 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 the five-year period, the aforesaid protections shall apply for an additional term or terms of three years from the date of final plan approval for each section.

B. Failure of the landowner to adhere to the aforesaid schedule of submission of final plans for the various sections shall subject any such section to any and all changes in zoning, subdivision and land development and other governing regulations, ordinances or plans enacted by the Township subsequent to the date of the initial preliminary subdivision plan or land development plan submission.

§ 170-9 Public hearings.

Before acting on any subdivision or land development plan, the Planning Commission or the Board of Supervisors, as the case may be, may hold a public hearing thereon, subject to the required notice being posted.

§ 170-10 Individual lot driveway access.

A. Individual lot driveway access to a highway under the jurisdiction of the PennDOT.

(1) No plan which will require individual lot driveway access to a highway under the jurisdiction of the PennDOT shall be finally approved unless the plan contains a notice as follows: "A highway occupancy permit is required pursuant to Section 420 of the Act of June 1, 1945 (P.L. 1242, No. 428), known as the "State Highway Law,"[1] before driveway access to a state highway is permitted."

[1] Editor's Note: See 36 P.S. § 670-101 et seq.

(2) Middle Smithfield Township shall not be held liable for damages to persons or property arising out of the issuance or denial of a highway occupancy permit by PennDOT.

(3) The landowner's signature on the plan review application shall be deemed an acknowledgment and acceptance of this section.

B. Individual lot driveway access to a roadway under the jurisdiction of the Township. No plan which will require individual lot driveway access to a roadway under the jurisdiction of Middle Smithfield Township shall be finally approved unless the plan contains a notice as follows: "A driveway permit is required pursuant to the Township Driveway Permit Ordinance[2] before access to a Township road is permitted."

[2] Editor's Note: See Ch. 102, Driveways.