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, 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.
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.
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.
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.
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.
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.
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 and other relevant Township codes and ordinances.
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.
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.
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.