[Ord. No. 2017-05, 10/23/2017]
This chapter shall be known and cited as the "North Centre Township
Subdivision and Land Development Ordinance."
[Ord. No. 2017-05, 10/23/2017]
2.
North Centre Township is empowered to regulate subdivisions and land
developments within its municipal limits as provided for under the
Pennsylvania Municipalities Planning Code, Act 247, as amended. The
North Centre Township Board of Supervisors shall retain and exercise
the authority for the approval or disapproval of all subdivisions
and land developments as set forth in this chapter. The North Centre
Township Planning Commission shall act in an official advisory capacity
to the North Centre Township for the review and recommendation of
the approval or disapproval of all subdivisions and land developments
set forth in this chapter.
[Ord. No. 2017-05, 10/23/2017]
1.
Through the adoption, administration and enforcement of this chapter,
North Centre Township proposes to create conditions favorable to promote
the health, safety, and general welfare of the Township with regulations
aimed at achieving the following objectives:
A.
To guide the future growth and development of the Township in accordance with the Township's stated community development objectives as contained § 27-104 of the North Centre Township Zoning Ordinance.
B.
To provide a standard set of minimum regulations to guide property
owners, developers, architects, landscape architects, land planners,
surveyors and engineers in the design and development of subdivisions
and land developments.
C.
To provide for adequate light, air and privacy, to secure safety
from fire, flood, and other danger, and to prevent overcrowding of
the land and undue congestion of population.
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 ensure that public facilities are available and will have a sufficient
capacity to serve a proposed subdivision or land development.
F.
To establish reasonable standards of design and procedures for subdivisions
and resubdivision in order to further the orderly layout and use of
land and to ensure proper legal descriptions and monumentation of
proposed subdivisions.
G.
To guide public and private policy and action in order to provide
adequate and efficient transportation, water, electrical service and
other utilities, sewage, schools, parks, playgrounds, recreation,
and other public requirements and facilities.
H.
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 width of streets and building lines.
J.
To prevent the pollution of air, streams, and ponds; to ensure the
adequacy of drainage facilities; to safeguard the water table; and
to encourage the prudent use and management of natural resources throughout
the Township in order to preserve the integrity and stability of the
community and the natural environmental characteristic of the land.
K.
To protect and regulate land in critical areas which may be unsuitable
for development.
[Ord. No. 2017-05, 10/23/2017]
1.
No subdivision or land development of any lot, tract, or parcel of
land shall be made, and no street, sanitary sewer, water main, 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 Subdivision and Land
Development Ordinance regulations adopted herein.
2.
No lot in a proposed subdivision or land development may be sold
and no zoning permit to erect any building upon land in a subdivision
or land development may be issued unless and until the following conditions
are met:
A.
The plans and application have been granted final approval by the
North Centre Township Board of Supervisors;
B.
The final plan, as approved, is filed with the Columbia County Recorder
of Deeds;
C.
All required improvements as set forth in the grant of approval have
been constructed or until the applicant posts a form of financial
security, acceptable to the Board of Supervisors, which guarantees
that all required improvements shall be subsequently constructed within
a defined period of time.
[Ord. No. 2017-05, 10/23/2017]
Per Article V of the Pennsylvania Municipalities Planning Code,
Act 247 as amended,[1] from the time an application for approval of a subdivision
or land development, whether preliminary or final, is duly filed in
accordance with the provisions of this chapter and while such application
is pending approval or disapproval, an amendment to this chapter,
the Zoning Ordinance, or any other applicable ordinance, could affect
the decision on such application adversely to the applicant, and the
applicant shall be entitled to a decision in accordance with the provisions
of all applicable ordinances as they stood at the time the application
was duly filed. When an application is, however, properly and finally
denied, any subsequent application shall be subject to any amendments
to this chapter, the Zoning Ordinance and any other applicable ordinance
and/or regulations. Additionally, this chapter shall not affect any
suit or prosecution, pending or to be instituted, to enforce any provision
of this chapter, as amended, or any applicable predecessor regulations
on an act done, contract executed, or liability incurred prior to
the effective date of this chapter.
[1]
Editor's Note: See 53 P.S. §§ 10501 through 10515.3.
[Ord. No. 2017-05, 10/23/2017]
1.
When an application for approval of a subdivision or land development,
whether preliminary or final, has been approved, no subsequent amendment
to this chapter, the Zoning Ordinance, or any other applicable ordinance,
shall be applied to adversely affect the right of the applicant to
commence and to complete any aspect of the approved development in
accordance with the terms of such approval within five years from
such approval. If final approval is preceded by preliminary approval,
the five-year period shall be counted from the date of the preliminary
approval. In the case of any doubt as to the terms of a preliminary
approval, the terms shall be construed in the light of the provisions
of the governing ordinances or plans as they stood at the time when
the application for such approval was duly filed.
2.
Where the applicant has substantially completed the required improvements
as depicted upon the final plat within the aforesaid five-year limit,
or any extension thereof as may be granted by the Board of Supervisors,
no change of a municipal ordinance or plan enacted subsequent to the
date of filing of the preliminary plat shall modify or revoke any
aspect of the approved final plat pertaining to zoning classification
or density, lot, building, street or utility location.
[Ord. No. 2017-05, 10/23/2017]
1.
In the case of a preliminary plat calling for the installation of
improvements beyond the five-year period, a schedule shall be filed
by the landowner with the preliminary plat delineating all proposed
sections as well as deadlines within which applications for final
plat approvals 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 plat approval, until final plat approval of the
final section has been granted and any modification in the aforesaid
schedule shall be subject to approval of the Board of Supervisors
in its discretion.
2.
Each section in any 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 plan, unless a lesser percentage is approved by the Board of Supervisors in its discretion. Provided the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plat approval, including compliance with landowner's aforesaid schedule of submission of final plats for the various sections, then the protections afforded by substantially completing the improvements depicted upon the final plat within five years, as contained in § 22-105, shall apply and for any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within said five-year period, the aforesaid protections shall apply for an additional term or terms of three years from the date of final plat approval for each section.
3.
Failure of landowner to adhere to the aforesaid schedule of final
plats for the various sections shall subject any such section to any
and all changes in zoning, subdivision and other governing ordinance
enacted by the Township subsequent to the date of the initial preliminary
plan submission.
[Ord. No. 2017-05, 10/23/2017]
A revision or resubdivision of a plan of record shall be considered
as a new subdivision and shall come under the jurisdiction of this
chapter.
[Ord. No. 2017-05, 10/23/2017]
1.
In the interpretation and application, the provisions of this chapter
shall be held to the minimum requirements for the promotion of the
public health, safety and general welfare. When provisions, standards
and specifications of this chapter differ from those of any other
ordinance, statute or regulation, the more restrictive or higher standards
shall apply.
2.
The provisions of this chapter are not intended to abrogate any private
easement, covenant or any other restriction of record, provided that,
where the provisions of this chapter are more restrictive or impose
higher standards or regulations than such easement, covenant, or other
restriction, the applicable provisions of this chapter shall govern.
[Ord. No. 2017-05, 10/23/2017]
1.
The Board of Supervisors may grant a modification and/or waiver of
the requirements of one or more provisions of this chapter if the
literal enforcement will exact undue hardship upon the applicant because
of peculiar conditions pertaining to the land in question, provided
such modification will not be contrary to the public interest and
that the purpose and intent of the chapter is observed. Any request
for a modification shall be referred to the Township Planning Commission
for advisory comments.
2.
Any request for a modification and/or waiver shall be submitted in
writing and shall accompany and be deemed part of the plan, preliminary
or final, as the case may be. Such request shall state in full the
circumstances and facts of unreasonableness or hardship on which the
request is based, the provisions or requirements of this chapter in
question, and the exact modifications requested based upon the minimum
modification necessary.
3.
All proposals for modification and/or waiver of provisions or requirements
of this chapter shall require formal approval by the Board of Supervisors.
4.
Upon rendering a final decision for any proposed modification and/or
waiver, the Board of Supervisors shall provide a record of their action
within the minutes of their meeting. After the meeting at which the
modification was reviewed, written notice of the Board of Supervisors'
action shall be sent to the following individuals:
5.
If the Board of Supervisors denies the request, it will notify the
above individuals, in writing, of the basis for denial. If the Board
of Supervisors grants the request, the final plan shall include a
note that identifies the specific modification(s) and/or waiver(s)
as granted.
[Ord. No. 2017-05, 10/23/2017]
1.
Municipal Fees. The Board of Supervisors shall establish, by resolution,
a fee schedule for subdivision and land development applications.
2.
County Fees. The applicant shall also be required to submit all required
fees for review and comment by the Columbia County Planning Commission.
3.
Filing Date and Payment of Fees. A completed application and plans
for any proposed subdivision or land development shall not be considered
as filed until all fees are paid and all applications are properly
signed.
[Ord. No. 2017-05, 10/23/2017]
1.
It shall be the duty of the person or persons as designated by resolution
enacted by the Board of Supervisors to enforce this chapter and to
bring any violations of these regulations to the attention of the
Township Solicitor. Formal enforcement proceedings may be initiated
by the person or persons as designated by resolution in the name of
the North Centre Township after authorization by the Board of Supervisors.
2.
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable under
civil enforcement proceedings commenced by the Township, pay a judgment
of not more than $500 plus all court costs, including reasonable attorneys'
fees incurred by the Township as a result of such proceedings. No
judgment shall be commenced or be imposed, levied or payable until
the date of the determination of a violation by the District Justice.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgment pursuant to the applicable rules
of civil procedure. Each day that a violation continues shall constitute
a separate violation, unless the District Justice determining that
there has been a violation further determines that there was a good
faith basis for the person, partnership or corporation violating this
chapter to have believed that there was no such violation. Under such
circumstances, there shall be deemed to have been only one such violation
until the fifth day following the date of the termination of a violation
by the District Justice and thereafter each day that a violation continues
shall constitute a separate violation.
3.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment. Nothing contained within this section
shall be construed or interpreted to grant any person or entity other
than the Township the right to commence action for enforcement pursuant
to this section.
4.
In addition to other remedies, the Township may institute and maintain
appropriate actions by law or equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building, structure or premises.
The description by metes and bounds to the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided. The Township may refuse to issue any
permit or grant any approval necessary to further improve or develop
any real property which has been developed or which has resulted from
a subdivision of real property in violation of this chapter. The authority
to deny such a permit or approval shall apply to any of the following:
A.
The owner of record at the time of such violation.
B.
The vendee or lessee of the owner of record at the time of such violation
without regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
C.
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether the current
owner had actual or constructive knowledge of the violation.
D.
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
[Ord. No. 2017-05, 10/23/2017]
1.
The regulations set forth in this chapter may, from time to time,
be amended by the Township. The following requirements shall be observed
prior to enacting any amendments to this chapter.
A.
A public hearing on the proposed amendment shall be held by the Board
of Supervisors pursuant to public notice.
B.
In the case of an amendment other than that prepared by the Planning
Commission, the Board of Supervisors shall submit such amendment to
the Planning Commission not less than 30 days prior to the public
hearing requesting its review and comment.
C.
The proposed amendment shall be submitted to the Columbia County
Planning Commission not less than 30 days prior to the public hearing
requesting its review and comment.
D.
The proposed amendment shall not be enacted unless public notice
is given which shall include the time and place of the meeting at
which passage will be considered and a reference to a place within
the Township where copies of the proposed amendment may be examined
without charge or obtained for a charge not greater than the cost
of reproduction.
E.
Public notice of the proposed amendment shall include the full text
thereof or the title and a brief summary, prepared by the Township
Solicitor, setting forth all the provisions in reasonable detail.
If the full text is not provided, a copy shall be supplied to the
newspaper in which the public notice is placed and an attested copy
shall be placed on file at the Columbia County Law Library.
F.
Within 30 days following the adoption of an amendment to this chapter,
the Board of Supervisors shall forward a certified copy of the amendment
to the Columbia County Planning Commission.
[Ord. No. 2017-05, 10/23/2017]
Decisions rendered by the Board of Supervisors may be appealed
to a Court of proper jurisdiction in accordance with the procedures,
provisions and time limitations as contained in Article X-a of the
Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. §§ 1100-a through
11006-a.
[Ord. No. 2017-05, 10/23/2017]
All ordinances, or any parts thereof, which are inconsistent
or in conflict with this chapter, to the extent of such conflict,
are hereby repealed.
[Ord. No. 2017-05, 10/23/2017]
The grant of a permit or approval of a subdivision or land development
plan shall not constitute a representation, guarantee or warranty
of any kind by North Centre Township or by any official or employee
thereof of the practicability or safety of the proposed use and shall
create no liability upon the Township, its officials or employees.
[Ord. No. 2017-05, 10/23/2017]
The provisions of this chapter are severable. If any part of
this chapter is declared to be unconstitutional, illegal or invalid,
the validity of the remaining provisions shall be unaffected thereby.
It is the intention of North Centre Township Board of Supervisors
that this chapter would have been adopted had such unconstitutional,
illegal or invalid part not been included.
[Ord. No. 2017-05, 10/23/2017]
This chapter shall be in force and effect from and after its
enactment as provided for by law.
