This is a chapter governing subdivisions and land developments
within the limits of Polk Township and providing application procedures,
design standards and maintenance requirements for improvements and
prescribing penalties for violations. This chapter shall be known
and may be cited as the "Polk Township Subdivision and Land Development
Ordinance."
In interpretation and application, the provisions of this chapter
shall be held to be the minimum requirements for the promotion of
the public health, safety, morals, and the general welfare of the
Township and its citizens. It is not intended to interfere with or
abrogate or annul other rules, regulations, or ordinances of the Township
except that, where this chapter imposes a more stringent or greater
requirement on the development of land or structure, or requires larger
open spaces than are imposed by such other rules, regulations, or
ordinances, the provisions of this chapter shall control.
Changes in this chapter shall affect plats as follows:
A. Pending action. From the time an application for approval of a plat,
whether preliminary or final, is duly filed as provided in this chapter,
and while such application is pending approval or disapproval, no
change or amendment of the Township subdivision or other governing
ordinance or plan shall 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 the governing ordinances or plans
as they stood at the time the application was duly filed. In addition,
when a preliminary application has been duly approved, the applicant
shall be entitled to final approval in accordance with the terms of
the approved preliminary application as hereinafter provided. However,
if an application is properly and finally denied, any subsequent application
shall be subject to the intervening change in governing regulations.
B. Project completion and effect of litigation. When an application
for approval of a plat, whether preliminary or final, has been approved
under the terms of this chapter without conditions or approved by
the applicant's acceptance of conditions, no subsequent change or
amendment in the subdivision or other governing ordinance or plan
shall be applied to affect adversely 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. The five-year period shall be extended for the duration
of any litigation, including appeals, which prevent the commencement
or completion of the development, and for the duration of any sewer
or utility moratorium or prohibition which was imposed subsequent
to the filing of an application for preliminary approval of a plat.
In the event of an appeal filed by any party from the approval or
disapproval of a plat, the five-year period shall be extended by the
total time from the date the appeal was filed until a final order
in such matter has been entered and all appeals have been concluded
and any period for filing appeals or requests for reconsideration
have expired. Provided, however, no extension shall be based upon
any water or sewer moratorium which was in effect as of the date of
the filing of a preliminary application.
C. Five-year initiation. Where final approval is preceded by preliminary
approval, the aforesaid 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.
D. Substantially completed improvements. Where the landowner 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 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 density, lot, building, street or utility
location.
E. More than five years. 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 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 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.
F. Sections. 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 aforesaid protections
afforded by substantially completing the improvements depicted upon
the final plat within 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 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.
G. Landowner failure. Failure of landowner to adhere to the aforesaid
schedule of submission of final plats for the various sections shall
subject any such section to any and all changes in subdivision and
other governing ordinance enacted by the Township subsequent to the
date of the initial preliminary plan submission.
In cases where a subdivision or land development has been approved
under the provisions of Township ordinances which did not provide
for conservation design and conservation open space, the developer
may, and is very strongly encouraged to, redesign and submit a new
application for any undeveloped portions of the subdivision or land
development. Any such redesign shall preserve the rights of any equitable
owners of any lot or portion of the subdivision or land development.
Neither the approval nor the granting of any building permit,
floodplain permit, site plan review, subdivision approval, land development
approval, zoning permit, erosion review, stormwater runoff review,
wetland delineation or wetland review, steep slope review or any other
review or permit of this chapter, involving any land governed by the
provisions of this chapter, by an officer, employee, consultant or
agency of the Township, shall constitute a representation, guarantee
or warranty of any kind by the Township or its employees, consultants,
officials or agencies of the practicality or safety of any structure,
use or subdivision and shall create no liability upon, nor a cause
of action against any Township body, consultant, official, or employee
for any damage that may result pursuant thereto.
The provisions of this chapter that only repeat, summarize or
reference provisions of the Pennsylvania Municipalities Planning Code
shall be deemed to be automatically superseded and replaced by any
applicable amendments to such provisions of the Pennsylvania Municipalities
Planning Code at the date such amendments become effective as state
law.
This Subdivision and Land Development Ordinance, as adopted
herein and as may be duly amended by the Board of Supervisors, is
not intended to and shall not be construed to affect or repeal any
other ordinance, code or regulation of the Township. If any other
ordinance, code or regulation of the Township is in conflict or inconsistent
with the requirements of this chapter, the most restrictive standards
and provisions shall apply.
In the event that any provision, section, sentence, or clause
of this chapter shall be held to be unconstitutional, such invalidity
shall not affect or impair any remaining part of this chapter, it
being the intent of the Township that such remainder shall be and
shall remain in full force and effect.