Township of Cheltenham, PA Article I General Provisions

§ 260-1 Title.

This chapter shall be known and may be cited as the "Cheltenham Township Subdivision and Land Development Ordinance."

§ 260-2 Authority.

This chapter has been enacted in conformance with the provisions of the Pennsylvania Municipalities Planning Code, Act No. 247 of 1968, and the Pennsylvania Storm Water Management Act, P.L. 864 (Act 167),[1] as amended.

[1] Editor's Note: See 32 P.S. § 680.1 et seq.

§ 260-3 Contents.

This chapter contains regulations which include, but are not limited to the following:

A. Provisions for the filing, processing, review, and approval of all subdivision and land development plans;

B. Design standards and guidelines for the overall layout, configuration, and placement of lots, roads, open space, parks, public facilities, and other physical improvements on property within Cheltenham Township to promote orderly development compatible with the Township of Cheltenham Comprehensive Plan;

C. Engineering and technical standards, including appropriate financial guarantees, governing the manner by which various public improvements including streets, bridges, common facilities, water supply and sewage facilities infrastructure, stormwater management facilities, walkways, lighting, and other public improvements are properly constructed; and

D. Prescribing penalties for violation.

§ 260-4 Purposes.

The following are the purposes of this chapter:

A. To accomplish the coordinated development of the Township of Cheltenham, thereby ensuring the overall health, safety, and general welfare of the residents of the Township of Cheltenham;

B. To enable the development of the Township of Cheltenham in an orderly, efficient, integrated, and harmonious manner;

C. To guide the future growth and development of the Township of Cheltenham in conformance to the Township of Cheltenham Comprehensive Plan and to other relevant regulations, maps, studies, and reports adopted in furtherance thereof;

D. To ensure that streets in and bordering a subdivision or land development shall be coordinated, and be of such design, and in such locations as deemed necessary to accommodate prospective traffic and parking, and to facilitate fire protection and other emergency services;

E. To require adequate, appropriately located easements or rights-of-way for existing and future utilities and storm drainage facilities;

F. To provide adequate open space lands and recreation facilities;

G. To ensure that any lands offered for dedication or otherwise reserved for use as public or common grounds shall be of suitable size, configuration, and topographical character for their designated uses;

H. To ensure conformance of subdivision and land development proposals with the availability of municipal services and public facilities, and the coordination of intermunicipal programs;

I. To ensure conformance of subdivision and land development plans with the public improvements of the Township of Cheltenham, and coordination of intermunicipal, Montgomery County, and Pennsylvania improvement plans and programs;

J. To preserve lands subject to inundation or flooding from subdivision or land development which would endanger life or property or further aggravate or increase the existing flooding or inundation conditions;

K. To encourage and promote flexibility, economy, and ingenuity in the layout and design of subdivisions and land developments, including provisions authorizing the Township of Cheltenham to modify the requirements of this chapter in accordance with concepts and practices consistent with the modern and evolving, generally accepted principles of site planning, engineering, and land development;

L. To provide equitable and expeditious handling of all subdivision and land development proposals by providing uniform procedures and standards;

M. To encourage subdivision and land development in accordance with principles and practices which conserve energy, both during and after construction, and which encourage the use of alternative energy sources by the layout of the lots and the siting of buildings;

N. To enhance, improve, preserve and protect natural resources and to prevent pollution of air and water so as to maintain the quality of life within the Township of Cheltenham and adjacent lands;

O. To ensure land development consistent with the 2019 Board Resolution 25-19, joining the national Ready for 100 movement, such that land development standards meet interim milestones and metrics needed to meet the Township's commitment to attain clean renewable electricity in the Township by 2030 and clean renewable energy across all sectors, including transportation, by 2050.

P. To maintain the character and the social and economic stability of the Township of Cheltenham and to encourage the orderly and beneficial development of the community;

Q. To provide for the buffering of certain types of land uses to minimize their impact upon their surroundings.

R. To preserve the existing trees and vegetation; and where land development requires the removal, to encourage and require replacements, so that present and future generations may enjoy the benefits of an attractive, healthy and green environment.

[Added 12-16-2020 by Ord. No. 2415-20]

§ 260-5 Interpretation.

The provisions of this chapter shall be the minimum requirements to meet the above-stated purposes. Unless otherwise noted, where the provisions of this chapter impose greater restrictions than those of any other statute, ordinance, or regulations, then the provisions of this chapter shall prevail unless specifically preempted by a state or federal statute. Unless otherwise noted, where the provisions of any other statute, ordinance, or regulations impose greater restrictions than those of this chapter, the provisions of such statute, ordinance, or regulations shall take precedence.

§ 260-6 Jurisdiction.

The Board of Commissioners of the Township of Cheltenham shall, with the recommendation of the Cheltenham Planning Commission, review and act upon as appropriate all subdivision and land development plans as defined below and in § 260-9 of this chapter which are located, in whole or in part, within the Township of Cheltenham.

A. Subdivision and land development. No subdivision or land development of any lot, tract, or parcel of land, as defined in Article II, shall be made and no street, alley, sanitary sewer, storm drain, water main, gas, oil or electric line, or other improvements in connection therewith shall be laid out, constructed, or dedicated for public use, or travel, or for the common use of occupants of a building abutting thereon, except in strict accordance with this chapter.

B. Sale of lots, issuance of building permits, or erection of buildings. No lot in a subdivision or land development may be sold and no permit to erect, alter, or repair any building or other improvements upon land in a subdivision or land development will be issued unless and until a subdivision and/or land development plan has been approved and, where required, recorded, and until the required improvements in connection therewith have either been constructed or guaranteed for construction in the form of a bond, escrow, or other means approved by the Township of Cheltenham under the advice of the Township of Cheltenham Engineer and Solicitor, in accordance with the laws of the Commonwealth of Pennsylvania.

C. Condominiums. No provision of this chapter shall be construed to prohibit condominium ownership as permitted by the applicable enabling legislation of the Commonwealth of Pennsylvania.

§ 260-7 Waiver of requirements.

The Board of Commissioners of the Township of Cheltenham may grant modifications of the requirements of this chapter through a waiver where, owing to unusual and specific conditions, the applicant demonstrates to the satisfaction of the Cheltenham Board of Commissioners that literal compliance with mandatory requirements of this chapter would be unreasonable or cause undue hardship, or where an alternative standard can be demonstrated to provide equal or better results, subject to such conditions and safeguards as the Cheltenham Board of Commissioners may impose, provided that such waiver will not be contrary to the public interest and that the purpose and intent of this chapter is observed. All requests for modifications shall be provided in accordance with § 260-24 of this chapter.