[Amended 8-10-2021 by Ord. No. 245]
This chapter shall be known and may be cited as the "Edgmont Township Subdivision and Land Development Code" or the "Edgmont Township Subdivision and Land Development Ordinance."
This chapter is enacted for purposes which are to provide for and accomplish the following:
A.
To assist in the harmonious, orderly, efficient and integrated development of Edgmont Township.
B.
To ensure that the arrangement and design of subdivisions and land developments conform to the Comprehensive Plan, the Official Sewage Facilities Plan, Chapter 365, Zoning, and all other ordinances, codes, regulations, plans and maps adopted in furtherance thereof.
C.
To promote and protect the health, safety and welfare of the Township.
D.
To assure sites suitable for building purposes, human habitation and intended use.
E.
To facilitate and accommodate prospective pedestrian and vehicular movement, fire protection, life safety and the rendition of other essential services through a coordinated system and design of streets.
F.
To ensure the coordination and conformity of subdivision and land development plans with the public improvement plans of the Township regarding such facilities as streets, sewers and other facilities and improvements.
G.
To establish a uniform and equitable procedure for the review and processing of subdivision and/or land development plans.
H.
To establish standards to ensure that developments are environmentally sound by requiring preservation of existing natural features to the greatest possible extent in areas affected through excavation, construction or other land development activities.
I.
To establish minimum standards for the design and construction of improvements which aid in the use and enjoyment of land, such as streets, sidewalks, adequate drainage and water and sewage facilities; and which would aid in precluding adverse environmental effects, such as sedimentation, soil erosion, soil contamination, flooding, deforestation, water pollution and air pollution.
J.
To establish standards for the administration of the chapter.
The provisions of this chapter shall be deemed to be minimum requirements necessary to meet the foregoing purposes. However, when interpreting such requirements, the following shall be noted:
A.
Where, owing to special or unique conditions, the life, health, safety or property of persons may be menaced or jeopardized by the application of any of the requirements of this chapter, more stringent or restrictive requirements necessary to eliminate or alleviate such menace or jeopardy may be applied or imposed by the Board of Supervisors.
B.
Where, owing to special or unique conditions, literal compliance with mandatory provisions is shown to the satisfaction of the Board of Supervisors to be unreasonable, to cause undue hardship, or when an alternative standard can be demonstrated to provide equal or better results, reasonable modifications to such provisions may be made by the Board of Supervisors as will not be contrary to the foregoing purposes or to the public interest.
C.
Where the provisions of this chapter impose more stringent requirements than those of any statute, ordinance or regulation, the provisions of this chapter shall prevail. Where the provisions of any statute, ordinance, code or regulation impose more stringent requirements than those of this chapter, such statute, ordinance, code or regulation shall prevail.
In accordance with Article V, Section 501, of the Pennsylvania Municipalities Planning Code, Act 247,[1] as amended, the Edgmont Township Board of Supervisors shall have the authority to regulate subdivision and/or land development within the Township by enacting this chapter. Through such authority, the following shall apply.
A.
This chapter shall apply to:
(1)
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving 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 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 for the purpose of, streets, common areas, leaseholds, condominiums, building groups or other features; and
(2)
A subdivision of land, including 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 or building or lot development.
B.
The foregoing should be deemed to include but not be limited to the following:
(1)
No subdivision, resubdivision, land development of any lot, tract or parcel of land within the Township shall be made, and no street, alley, sanitary sewer, capped sewer, storm sewer, water main, or other such facilities in connection therewith, or other improvements of any kind 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, Chapter 365, Zoning, as amended, and all other Township ordinances, codes or regulations.
(2)
No lot in a subdivision may be sold, no permit to erect or add any new building or other structure or portion thereof or to alter any existing building or other structure or portion thereof upon land in a subdivision or land development may be issued, and no building may be erected in a subdivision or land development unless and until a subdivision and/or land development plan has been approved and recorded.
(3)
No construction of any nonresidential or multifamily improvement or structure, nor construction of any exterior addition to or expansion of any existing nonresidential or multifamily improvement or structure shall occur on any lot other than in accordance with a subdivision and/or land development plan approved by the Township.[2]
C.
Every use which does not constitute a subdivision or land development shall comply with all of the provisions of Article VIII, Design Standards and Requirements, before receiving a building, grading and/or occupancy permit from the Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: See 53 P.S. § 10501.
A.
The Board of Supervisors shall have jurisdiction of subdivision and land development within the Township. In order that the actions of the Board of Supervisors under this chapter may be correlated with all relevant data and procedures, the Board of Supervisors hereby designates the Township Planning Commission as the agency to which the following responsibilities are assigned:
(1)
To review, upon filing with the Township Manager, all sketch plan proposals.
(2)
To review, upon filing with the Township Manager, all applications for either preliminary or final approval of subdivision and/or land development plans.
(3)
To engage in preliminary consultations with the applicant relating to such plans.
(4)
To make recommendations to the Board of Supervisors concerning approval, disapproval, modification of conditions of approval of such plans.
(5)
To make recommendations to the Board of Supervisors concerning the rationale for the granting of modifications to the provisions, requirements and standards of this chapter.
B.
The Board of Supervisors hereby designates the Edgmont Township Manager as the person to determine whether or not any sketch, preliminary or final plan submissions are complete and acceptable to the Township for the purpose of establishing the date of filing. All submissions must be made in person at the Township office directly to the Township Manager or his/her appointed representative.
(1)
The Township shall, within seven working days, inspect such submission to see if the following have been submitted:
(a)
The required application form and filing fee.
(b)
The required number of copies.
(c)
The required types of plans, reports and other papers.
(d)
The required checklist completed by a professional engineer.
(e)
Planning modules as required by the final plan submission.
(f)
A copy of the existing deed and current title report.
(2)
In the event that the submission is found to be incomplete, the Township Manager shall notify the applicant, in writing, by registered mail, return receipt requested, and inform the applicant that the date of filing will not be effective until all required forms, fees, types and copies of plans and papers are submitted.
C.
The Board of Supervisors shall appoint one or more Code Compliance Officers to enforce the provisions of this chapter and the accompanying design standards and requirements; and obtain the assistance of the Township Engineer and other consultants to aid the Code Compliance Officer.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D.
Inspection of construction in accordance with any approved subdivision or land development plan shall be the prerogative of the Township.
E.
In the event of any action by the landowner or developer inconsistent with the provisions of this chapter, the Board of Supervisors or its authorized representative may issue a cease and desist order or take such other appropriate action as is deemed necessary under the circumstances.
The provisions of this chapter are severable, and if any article, section, subsection, clause, sentence, or part thereof shall be held or declared illegal, invalid or unconstitutional by any court of competent jurisdiction, the decision shall not affect or impair any of the remaining articles, sections, subsections, clauses, sentences, or parts thereof of this chapter; it is hereby declared to be the intent of the Board of Supervisors that this chapter would have been adopted if such illegal, invalid or unconstitutional article, section, subsection, clause, sentence or part thereof had not been included herein.