This chapter shall be known and may be cited as the "Township of Sadsbury Subdivision and Land Development Ordinance of 2008."
This chapter is enacted to achieve the following purposes:
A.
To ensure the harmonious, orderly, efficient and coordinated development of the Township, thereby creating conditions favorable to the health, safety and general welfare of Township residents.
B.
To ensure that the development of sites is suitable for building purposes and human habitation and use.
C.
To ensure that the arrangement and design of subdivisions and land developments conform to the Comprehensive Plan, Chapter 129, Zoning, and other planning documents and applicable ordinances and regulations.
D.
To ensure the coordination and conformity of subdivisions and land developments with the public facilities and services improvement plans of the Township.
E.
To ensure that the type, location and layout of vehicular and pedestrian circulation systems are coordinated with existing systems so that prospective vehicular and pedestrian traffic is properly and safely accommodated.
F.
To ensure that adequate easements or rights-of-way are provided for streets, drainage and other utility facilities.
G.
To ensure, through the establishment of standards for the protection of natural and cultural resources, that subdivisions, land developments and other land disturbance activities are environmentally sound.
H.
To ensure that all new development incorporates adequate provisions for reliable, safe and adequate public improvements, including water supply, sanitary sewage disposal, stormwater management facilities, vehicular and pedestrian circulation facilities, recreation facilities and outdoor lighting facilities to support the intended uses.
I.
To ensure innovative and high quality subdivision and land development design that will enhance the character of the Township and help foster a sustainable community.
J.
To ensure that the procedures for the review and processing of subdivision and land development plans are uniform and equitable.
The provisions of this chapter shall be held to be the minimum requirements for the promotion and protection of the above stated purposes. Where the provisions of this chapter impose greater restrictions than those of any other applicable ordinance or regulation, the provisions of this chapter and its standards and specifications shall prevail. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, ordinance or regulation shall prevail.
All subdivisions and land developments within the Township of Sadsbury are subject to the provisions of this chapter and all plans of land intended for subdivision or land development must be submitted to the Township Supervisors of Sadsbury for approval.
A.
Subdivision and land development control. No land development, subdivision or resubdivision of a lot, tract or parcel of land shall be effected, and no street, sanitary sewer, storm drain, 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 in strict accordance with the provisions of this chapter, Chapter 129, Zoning, of the Code of the Township of Sadsbury and other Township ordinances and regulations, as amended from time to time.
B.
Sale of lots, issuance of building permits, erection of buildings or on-site improvements. In a subdivision or land development, no lot may be used or sold, no building permit may be issued, and no building or other structure may be erected, unless and until:
(1)
A final plan for such subdivision or land development shall have been approved by the Board of Supervisors and duly recorded by the Recorder of Deeds.
(2)
A grading plan, including a complete conservation plan for erosion and sediment control, has been duly approved.
(3)
The required improvements from the lot or building to an existing improved street, or otherwise, shall have been constructed or the Township has been assured, by means of a subdivision and land development improvements agreement and a proper performance guarantee in the form of a financial security of such type as shall be approved by the Township Supervisors sufficient to cover the cost of all required improvements, as estimated by the applicant's engineer and approved by the Township Engineer, that such public and on-site improvements will subsequently be installed by the developer or owner of the property, and the developer or owner of the property is in full compliance with the agreement and performance guarantee.
In order that the actions of the Township Supervisors, having jurisdiction of subdivision and land development within the Township, are coordinated with all relevant information and procedures, the Planning Commission shall have the following authority:
A.
To review, upon filing with the Township, all applications for preliminary and final approval of subdivision and/or land development plans.
B.
To engage in all preliminary consultations with the applicant for preliminary and final approval of subdivision and/or land development plans.
C.
To make recommendations concerning approval, disapproval, modification and conditions of approval of subdivision and/or land development plans.
D.
To make recommendations concerning the rationale for granting modifications to the provisions of this chapter.
E.
To make the determination as to completeness and acceptability of applications to the Township for approval of subdivision and/or land development plans for the purpose of establishing the date of filing.
Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the chapter as a whole or any other part thereof.
The Sadsbury Township Subdivision and Land Development Ordinance of 1979, as amended, is hereby repealed. All other ordinances, resolutions and parts thereof inconsistent herewith, to the extent of such inconsistency, are hereby repealed.
This chapter shall take effect five days after the enactment of this chapter by the Sadsbury Township Supervisors.