[1]
Editor's Note: The certification forms, developer's agreement, and other documents adopted as part of the original ordinance are on file and available in the Township or Zoning Office.
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).[1] 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
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.