[Ord. No. 2010-09, 8/4/2010]
Article V, Subdivision and Land Development, of the Pennsylvania
Municipalities Planning Code, Act of 1968, P.L. 805, No. 247, as reenacted
and amended.
[Ord. No. 2010-09, 8/4/2010]
This chapter is adopted by authority of and pursuant to the
provisions of the Pennsylvania Municipalities Planning Code, Act of
1968, P.L. 805, No. 247, as reenacted and amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. No. 2010-09, 8/4/2010]
This chapter shall be known as the "Shrewsbury Township Subdivision
and Land Development Ordinance" ("this chapter").
[Ord. No. 2010-09, 8/4/2010]
1.
The purpose of this chapter is to provide for the general health,
safety and welfare of the residents of the Township, as well as for
the harmonious development of the Township, by including the following,
but not limited to:
A.
Providing for the submittal and processing of plats, and specifications
for such plats, including provisions for preliminary and final approval
and for processing of final approval by stages of section of development.
B.
Ensuring that compatibility with adjacent development occurs through
the following:
(1)
The layout or arrangement of the subdivision or land development
shall conform to the Comprehensive Plan, the Zoning Ordinance, and
to any regulations or maps adopted in furtherance thereof, including,
but not limited to, the Township's Official Map;
(2)
Streets in and bordering a subdivision or land development shall
be coordinated and be of such widths and grades and in such locations
as deemed necessary to accommodate prospective traffic and facilitate
fire protection;
(3)
Adequate easements or rights-of-way shall be provided for drainage
and utilities;
(4)
Reservations, if any, by the developer of any area designated
for use as public grounds shall be of a suitable size and location
for their designated uses; and
(5)
Land which is subject to flooding shall be set aside for uses
which shall not endanger life or property or further aggravate or
increase the existing menace.
C.
Providing for, encouraging and promoting flexibility, economy and
ingenuity in the layout and design of subdivisions and land developments,
including provisions authorizing the Planning Commission to alter
site requirements, and for encouraging other practices which are in
accordance with modern and evolving principles of site planning and
development resulting in minimized impacts on the natural environment.
D.
Ensuring conformance of subdivision plans with the Southern York
County Regional Comprehensive Plan and public improvement plans.
E.
Ensuring coordination of intermunicipal public improvement plans
and programs.
F.
Securing the protection of water-related resources, including public
and private water supply sources, wetlands and floodplains, drainageways
and riparian areas.
G.
Securing adequate sites for recreation, conservation, scenic and
other open space purposes.
H.
Securing equitable handling of all subdivision plans by providing
uniform standards and procedures.
I.
Establishing provisions governing the standards by which streets
shall be designed, graded and improved and walkways, curbs, gutters,
streetlights, fire hydrants, water and sewage facilities and other
improvements shall be installed as a condition precedent to final
approval of plats.
J.
Establishing provisions which take into account phased land development
not intended for the immediate erection of buildings, where streets,
curbs, gutters, streetlights, fire hydrants, water and sewage facilities
and other improvements may not be possible to install as a condition
precedent to final approval of plats but will be a condition precedent
to the erection of buildings on lands included in the approved plat.
K.
Establishing provisions and standards for ensuring that new developments
incorporate adequate provisions for a reliable, safe and adequate
water supply to support intended uses within the capacity of available
resources.
L.
Establishing provisions requiring the public dedication of land suitable
for the use intended and, upon agreement with the applicant or developer,
the construction of recreational facilities, the payment of fees in
lieu thereof, the private reservation of the land, or a combination,
for park or recreation purposes as a condition precedent to final
plan approval.
M.
Establishing provisions and standards for landscaping, screening
and buffering that promote attractive development and preserve, protect
and enhance the character and quality of life in Shrewsbury Township.
N.
Minimizing the impact of roadway traffic noise on individuals, businesses
and other land uses and activities and preventing the loss of quality
of life caused by intrusive traffic noise.
[Ord. No. 2010-09, 8/4/2010]
1.
No land development or subdivision 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 occupants of buildings abutting thereon, except
in accordance with the provisions of this chapter.
2.
No lot in a subdivision may be sold and no permit to erect, alter
or repair any building upon land in a subdivision may be issued, and
no building may be erected in a subdivision unless and until a final
plan of such subdivision shall have been approved and properly recorded
and until the requirements or conditions required by the Board of
Supervisors in connection therewith shall have been constructed or
guaranteed as hereinafter provided in this chapter.
3.
It shall be unlawful to record any plan of any proposed subdivision
in the Township unless the said plan shall have the written approval
of the Township Board of Supervisors.
4.
The authority for the control regulation and review of subdivision
and land development within the Township shall be as follows:
A.
Approval by the Township Board of Supervisors. The Shrewsbury Township
Board of Supervisors, hereinafter referred to as the "Board of Supervisors,"
shall be vested with the authority to approve or disapprove all subdivision
and land development plans.
B.
Review by the Township Planning Commission. The Shrewsbury Township
Planning Commission, hereinafter referred to as the "Planning Commission,"
shall be vested with the review and evaluation of subdivision and
land development plans.
C.
Review by the County Planning Commission. Plans for subdivision and
land development located within Shrewsbury Township shall be submitted
to the York County Planning Commission for review and report. Said
submission shall take place before approval of any plans by the Township.
However, if a report is not received from the County Planning Commission
within 30 days after submission, the Township may proceed without
the report.
[Ord. No. 2010-09, 8/4/2010]
1.
It shall be a violation of this chapter for any person, partnership
or corporation to subdivide any land in Shrewsbury Township or to
create any land development in Shrewsbury Township without first having
a final plan approved in accordance with the provisions of this chapter.
2.
It shall also be a violation of this chapter for any person, partnership
or corporation to lay out, construct, open or dedicate for public
use or travel or for the common use of occupants of buildings abutting
thereon any street, sanitary sewer, storm sewer, water main or other
improvement in connection therewith except in accordance with this
chapter.
