This chapter shall be known, and may be cited as the "Unity
Township Subdivision and Land Development Ordinance."
A.
Authority. The Pennsylvania Municipalities Planning Code (MPC), Act 247 of 1968, as reenacted and amended by Act 170 of 1988, and as subsequently amended, 53 P.S. 10101 et seq. (MPC) enables and authorizes governing bodies of municipalities to enact Chapter 104, Subdivision and Land Development, to regulate subdivisions and land developments situated within the Township.
B.
Zoning ordinance creation of Overlay Zones, Planned Residential Developments and Planned Group Units. In the case of any subdivision or development located in any Overlay Zone or created as a Planned Residential Development or Planned Group Unit under the provisions of Chapter 118, Zoning, the procedures which shall be followed in the approval of any plat and the rights and duties of the parties thereto shall be governed by this chapter and any other applicable provisions of Chapter 118, Zoning. The development requirements for Planned Residential Developments and Planned Group Units are set forth at length herein, have been incorporated into Chapter 118, Zoning, and shall apply to all Planned Residential Developments and Planned Group Units.
C.
Planning Commission as advisory body. The Planning Commission is
hereby designated as the reviewing authority of and for the Board
of Supervisors of Unity Township, and is charged with the duty of
making investigations, reports and recommendations on the design and
improvement of proposed subdivisions and land developments; the Planning
Commission shall submit such reports and recommendations to the Board
of Supervisors for action on any application where it is required
to do so.
A.
Purposes of chapter. This chapter is adopted for the following purposes:
(1)
To ensure sites suitable for building purposes and human habitation
and to provide for the harmonious development of the Township.
(2)
To guide the future growth and development of the Township in accordance
with the adopted and amended Comprehensive Plan.
(3)
To ensure coordination of existing streets and highways with proposed
streets or other features of the Comprehensive Plan of the Township.
(4)
To ensure adequate open space for traffic, recreation, light and
air and for proper distribution of population, thereby creating conditions
favorable to the health, safety, morals and general welfare of the
citizens.
(5)
To secure equitable treatment of all land development and subdivision
plans by establishing definitions, design standards, plan requirements
and conditions of acceptance of public improvements by the Township.
(6)
To protect the environment of the Township and reduce the maintenance
costs of public improvements by promoting efficient development, maintaining
minimum standards and regulating development in identified floodplain
areas.
(7)
To make adequate provision for transportation, water flow, water
supply, drainage, sanitation, educational opportunities, recreation,
protection of the tax base, securing economy in governmental expenditures
and the protection of both urban and non-urban needs.
(8)
To provide opportunities for flexibility within the prescribed design
standards consistent with the purposes of preservation of natural
resources, topography and hillsides, provision of open spaces for
active and passive recreation assuring the integrity, stability, and
beauty of the Township and the economic value of the land.
(9)
To maintain the highest level of quality development within the Township
through the establishment of reasonable standards of design.
(10)
To establish provisions consistent with those authorized by
the Pennsylvania Municipalities Planning Code to require developers
to pay fees, furnish land and/or establish mitigation measures to
ensure that the development provides its fair share of capital facilities
needs generated by the development.
A.
Minimum requirements. In the interpretation and application of this
subdivision and land development ordinance, the provisions shall be
held to be minimum requirements adopted for the promotion of health,
safety, morals and general welfare.
B.
Conflict with other public provisions. Where any provision of this
chapter is in conflict with any other ordinance, rule or regulation,
or other provision of law, the most restrictive provision or that
provision imposing the higher standard shall be controlling.
C.
Liability. Any failure to act or action taken in the review or approval
of a subdivision or land development by the Township in accordance
with the provisions of this chapter shall not impose or be the basis
for liability upon the Township, its officials, or employees.
D.
Retroactive effect. This chapter shall not apply to any lot or lots
forming a part of a subdivision created and recorded prior to the
enactment of this chapter, nor is it intended to repeal, abrogate,
annul or in any way impair or interfere with existing provisions of
other laws or ordinances, except those inconsistent with these regulations,
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.
The provisions of this chapter shall apply to the area within
the geopolitical boundaries of Unity Township, Westmoreland County,
Pennsylvania.
A.
Approval required before subdivision or site development. No subdivision
or land development of any lot, or parcel shall be made; 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 after approval of plats in accordance with
the provisions of this chapter.
B.
Approval required before sale or construction. On and after the effective
date of this chapter, no lot or land in a subdivision may be sold,
and no permit to erect any building in a subdivision or land development
may be issued unless and until a subdivision plat has been approved
and recorded, and the improvements required in connection therewith
have either been constructed or guaranteed as required by this chapter.
C.
Exception for ten-acre agricultural parcels. Nothing in this subdivision
and land development ordinance shall be deemed to require the approval
of the Board of Supervisors of the division of land for agricultural
purposes in parcels of more than 10 acres, not involving any new street
or easement for access.
A.
Ordinances, statutes, rules and regulations. In addition to complying
with the provisions of this chapter, all subdivisions and land developments
within the Township shall comply with all other applicable Township
ordinances as existing, adopted or amended at the time the application
for same is submitted, and with applicable county, state or federal
requirements and regulations. Compliance with said regulations shall
be a requirement for any approval under the provisions of this chapter.
B.
Concurrent violations. Any violation of any applicable Township ordinance,
county, state or federal statute, requirement, rule or regulation
or any permit issued thereunder, shall be deemed a violation of this
chapter and, in addition to any separate remedies provided under such
ordinance, statute, requirement, rule or regulation, shall be subject
to enforcement procedures authorized by this chapter.
Should any section or provision of this chapter be declared
by a court of competent jurisdiction to be unconstitutional or invalid,
such decision shall not affect the validity of the ordinance as a
whole, or any other part thereof, other than the part declared to
be unconstitutional or invalid, and all remaining provisions hereof
shall continue in full force and effect.
A.
Amendment of ordinance. The Township Board of Supervisors may from
time to time amend, add to, change, or repeal in its entirety this
subdivision and land development ordinance. Such amendments shall
be enacted consistent with the provisions of the Pennsylvania Municipalities
Code, as may be amended from time to time hereafter.
B.
Effect of amendments on pending plans. From the time an application
for approval of a plat, whether preliminary or final, is filed as
provided in the subdivision and land development ordinance, and while
such application is pending approval or disapproval, no change or
amendment of the zoning, 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
in effect 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.
C.
Effect of substantial completion. Where the developer has substantially
completed the required improvements as depicted upon the final plat
within the five-year limit prescribed in the Pennsylvania Municipality's
Planning Code, 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 zoning classification
or density, lot, building, street or utility location.
