This chapter shall be known as the "Harborcreek Township Subdivision
and Land Development Ordinance."
The governing body of the municipality may regulate subdivisions
and land development within the municipality by enacting a subdivision
and land development ordinance pursuant to the Pennsylvania Municipalities
Planning Code (MPC). The ordinance shall require that all subdivision and land
development plats of land situated within the municipality shall be
submitted for approval to the governing body and for review to the
planning agency. All powers granted herein to the governing body or
the planning agency shall be exercised in accordance with the provisions
of the subdivision and land development ordinance. In the case of
any development governed by planned residential development provisions
adopted pursuant to the MPC, however, the applicable provision of
the subdivision and land development ordinance shall be as modified
by such provisions, and 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 the MPC and the provisions adopted thereunder.
Provisions regulating mobile home parks shall be set forth in separate
and distinct articles of any subdivision and land development ordinance
adopted pursuant to the MPC or any planned residential development
provisions adopted pursuant to the MPC.
Applications for subdivision and land development located within
a municipality having adopted a subdivision and land development ordinance
as set forth in the MPC shall be forwarded upon receipt by the municipality
to the county planning agency for review and report, together with
a fee sufficient to cover the costs of the review and report, which
fee shall be paid by the applicant. Such municipalities shall not
approve such applications until the county report is received or until
the expiration of 30 days from the date the application was forwarded
to the county.
Where a subdivision and land development ordinance has been
enacted by a municipality under the authority of the MPC, no subdivision
or land development of any lot, tract or parcel of land shall be made,
and 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 in accordance with the provisions
of such ordinance.
In the event that there is a resolution or ordinance of the
municipality, or any part of any resolution or ordinance of the municipality,
conflicting with the provisions of this chapter, then the provision
with the highest standard or the more stringent shall be utilized.
The provisions within this chapter are designed to fulfill the objectives cited in the Harborcreek Township Zoning Ordinance; Chapter
490, Zoning, of this Code. The degree of protection sought by the provisions and requirements of this chapter for the present and future residents and landowners in the municipality is considered reasonable for regulatory purposes. This chapter does not imply that compliance with the provisions and requirements will be free from inconvenience, conflicts, dangers or damages. Therefore, this chapter shall not create liability on the part of individual members of the governing body or the planning agency or any officer, appointee or employee of the municipality for any damages that may result from reliance on this chapter or any administrative decision lawfully made thereunder.
An applicant under the administration of this chapter, which
is the owner of land or structures and/or the developer of land or
structures in the municipality, is responsible for compliance with
all federal, state, county and authority statutes, ordinances, rules
and regulations. The municipality is responsible only for compliance
with those statutes, ordinances, rules and regulations that it adopts.
This chapter is adopted by the Harborcreek Township Board of
Supervisors on November 28, 2001, and is effective immediately upon
adoption. Ordinance Number 82-90 and all its amendments are repealed.