[Ord. No. 82-1, 8/15/1982; as amended by Ord. No. 1988-2, 12/13/1988; Ord. No. 2006-1, 6/20/2006]
This chapter shall be known and may be cited as "The Forward Township Subdivision and Land Development Ordinance."
[Ord. No. 82-1, 8/15/1982; as amended by Ord. No. 1988-2, 12/13/1988; Ord. No. 2006-1, 6/20/2006]
This chapter is adopted for the following reasons:
1. 
To comply with the requirements of Act 247, the Pennsylvania Municipalities Planning Code, as amended;[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
2. 
To promote the public health, safety, and general welfare of the residents;
3. 
To assure that the arrangement of each subdivision or development conforms to the harmonious and orderly development of the Township;
4. 
To guarantee that streets in and bordering each subdivision are coordinated with the Township circulation system and are of such widths, grades and locations as to accommodate prospective traffic and facilitate fire protection;
5. 
To make certain that sewage disposal and water supply utilities are provided in sufficient capacity to serve future needs in and near each subdivision or land development;
6. 
To provide easements of adequate size and in the proper locations for storm drainage and public utilities;
7. 
To prevent erosion damage, unnecessary destruction of natural plant materials or unnecessary movement of earth;
8. 
To assure the residents of the municipality that all subdivisions and developments will be approved based on an established public policy, objectively and uniformly enforced; and
9. 
To provide a precise, simple procedure for review of subdivision and development plan proposals by the Township and ease the process of conveyance of title of tracts of land.
[Ord. No. 82-1, 8/15/1982; as amended by Ord. No. 1988-2, 12/13/1988; Ord. No. 2006-1, 6/20/2006]
1. 
Section 501 of Article V, "Subdivision and Land Development," of Act 247, "The Pennsylvania Municipalities Planning Code," as amended,[1] allows municipalities to regulate subdivision and land development within their boundaries.
[1]
Editor's Note: See 53 P.S. § 10501.
2. 
The Board of Supervisors delegates the Township Planning Commission to act as its agent in the administration of this chapter and any subsequent amendments thereto, although final decisions in matters at issue and enforcement shall remain with the Board of Supervisors, guided by the Planning Commission's recommendations.
3. 
Any challenges to the validity or interpretations of any portion of this chapter, any appeals from disapproval of a proposed subdivision or development plan, or any allegations that a subdivision or development plan approved by the Township has not been or is not being carried out in accordance with the approved documents shall be taken to the county Court of Common Pleas in the event satisfaction is not gained by appeal to the Board of Supervisors.
[Ord. No. 82-1, 8/15/1982; as amended by Ord. No. 1988-2, 12/13/1988; Ord. No. 2006-1, 6/20/2006]
1. 
On and after the effective date of this chapter, no lot may be divided; no lot in a subdivision may be sold, transferred or conveyed; no permit to erect, alter, repair or remove any building upon land in a subdivision may be issued and no buildings may be erected in a subdivision or development plan unless and until a subdivision plan or land development plan has been approved by the Board of Supervisors, after recommendation of the Planning Commission, and recorded, and until the improvements required by this chapter have either been constructed or guaranteed, as required by this chapter.
2. 
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the protection of the public health, safety and welfare.
3. 
This chapter is not intended to annul or interfere with existing laws or ordinances or with private restrictions placed upon property by deed, covenant or other private agreement, or with restrictive covenants running with the land to which the Township is a party, except that where this chapter imposes greater restrictions upon land and development than are imposed or required by such existing provisions of law, ordinance, contract or deed, it shall be interpreted that they are in addition to the restrictions of such other existing regulation or ordinance.
4. 
In the event that two or more regulations in this chapter are in conflict with one another, the more stringent or higher regulation shall apply.
[Ord. No. 82-1, 8/15/1982; as amended by Ord. No. 1988-2, 12/13/1988; Ord. No. 2006-1, 6/20/2006]
1. 
Subdivision. A subdivision is the division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels 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 of building or lot development, except that the subdivision by lease of land for agricultural purposes only into parcels of more than 10 acres, not involving any new street or easement of access or any residential dwelling, shall be permitted by simple recording without subdivision review.
2. 
Land Development. A land development is:
A. 
The improvement of one lot or two or more contiguous lots, tracts, or parcels of land for any purpose involving:
(1) 
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
(2) 
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 purpose of, streets, common areas, leaseholds, condominiums, building groups or other features.
B. 
A subdivision of land.
C. 
The following shall be excluded from the definition of "land development" only when such land development involves:
[Added by Ord. No. 2022-6, 8/9/2022]
(1) 
The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium.
(2) 
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or
(3) 
The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this subsection, an "amusement park" is defined as a tract or area used principally as a location for permanent amusement structures or rides. The exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.