An ordinance establishing rules, regulations and standards governing
subdivision and land development within the Township, setting forth
the procedures to be followed by the Township Planning Commission
and the Board of Supervisors in administering these rules, regulations
and standards, and setting forth the penalties for the violation thereof
as established by the Commonwealth of Pennsylvania.
This chapter may be cited as the "Warrington Township Subdivision
and Land Development Ordinance," as amended.
The purpose of this chapter is to regulate and control the subdivision
and land development within Warrington Township, so as to provide
sites suitable for human habitation, commercial and industrial operations
and other uses for which land may be developed, thereby creating conditions
favorable in order to promote the public health, safety and general
welfare of the community.
It is the general intent of this chapter to regulate the subdivision
and development of land in Warrington Township to ensure that the
following are provided:
B.
Streets in and bordering a subdivision or land development shall
be coordinated with existing streets, parks and other features of
the Township's Comprehensive Plan, the Township Street Name and
Classification Map in Appendix B,[2] or the Official Map, when adopted, and shall be of such
widths and grades and in such locations as deemed necessary to accommodate
and regulate flows of prospective traffic from within the development.
[2]
Editor's Note: Appendix B is included as an attachment to this chapter.
C.
Adequate easements of rights-of-way shall be provided for drainage
and utilities.
D.
Adequate open space for recreation, light, air, and effective drainage
shall be provided in subdivisions and land developments, and reservations,
if any, by the developer of any area designed for use as public grounds
shall be suitable size and location for their designated uses.
E.
Land which is subject to flooding or subsidence shall either be made
safe for the purpose for which such land is proposed to be used or
shall be set aside for uses that will not endanger life or property
or further aggravate or increase the existing menace.
F.
Adequate facilities for transportation (including streets, walkways,
curbs, gutters, and streetlights), water, fire hydrants, sanitary
sewage, storm sewers, schools, parks, playgrounds and other public
facilities shall be installed in the subdivision or land development.
G.
Adequate provisions for safety from fire, panic and other dangers
shall be provided for in subdivisions and land developments.
H.
Land which contains environmentally sensitive areas, or which is
adjacent to such sensitive areas, shall be protected and used in a
manner that is not detrimental to the environment, or shall be set
aside from use such that the development will not require changes
to existing conditions.
The provisions of this chapter shall be the minimum requirements
to meet the purposes and intents stated in this article. Where the
provisions of this chapter impose greater restrictions than those
of any statute, other ordinance, or regulation, the provisions of
this chapter shall prevail. Where the provisions of any statute, or
regulations impose greater restrictions than those of this chapter,
the provisions of such statute, ordinance, or regulation shall prevail.
It is hereby declared to be the intent of the Board of Supervisors
that:
A.
If a court of competent jurisdiction declares any provisions of this
chapter to be invalid or ineffective in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective, and all other
provisions of this chapter shall continue to be separately and fully
effective.
B.
If a court of competent jurisdiction finds the application of any
provision or provisions of this chapter to any lot, building or other
structure or tract of land to be invalid or ineffective in whole or
in part, the effect of such decision shall be limited to the lot,
building, structure, or tract of land immediately involved in the
controversy, and the application of any such provision to other persons,
property or situations shall not be affected.
All improvements constructed, as required by this chapter, that
will not be publicly dedicated or accepted for dedication shall also
meet the requirements of this chapter as well as any other section
of the Township Code related to construction standards and maintenance.
A.
Ownership and maintenance responsibility. A viable entity responsible
for ownership and maintenance of all nondedicated improvements shall
be established by the developer and approved by the Township. Ownership
and maintenance responsibilities may be assigned to either the developer
or among the property owner(s) or an association of property owners
within the subdivision or land development.
B.
Improvements benefiting multiple lots. For all nondedicated improvements
that will not be owned and maintained by the developer and are situated
on an individual lot or a series of contiguous lots but serve an individual
or multiple lots, units, or the entire subdivision or land development
(i.e., stormwater management facilities), the responsibility for ownership
and maintenance of such improvements shall be borne by all lot owners
benefiting or served and not solely the lot owner on whose lot said
improvements are situated.
C.
Ownership and maintenance agreement. A private agreement suitable
for recording in the Bucks County Recorder of Deeds office shall be
prepared, properly executed, and recorded with the final subdivision
or land development plan and shall run with the land and shall clearly
identify the individual or entity responsible for the ownership and
maintenance of nondedicated improvements. Said agreement shall be
reviewed and approved by the Township Solicitor, and at a minimum,
shall stipulate the following:
(1)
That the owner or owners, an association of property owners,
successors and assigns shall keep all improvements in a safe and attractive
manner and the owner shall convey to the Township easements and/or
rights-of-way to assure access for periodic inspections by the Township
and maintenance, if required.
(2)
That if the owner or owners, association of property owners,
successors and assigns, fail to maintain the improvements following
due notice by the Township to correct the problems, the Township may
perform the necessary work or corrective action. The owners or association
of property owners shall reimburse the Township for these services.
The Township shall have the authority to assert a judgment lien against
the said owners or association of property owners for failure to make
said reimbursement(s).
D.
Deed reference. All deeds created for lots that contain nondedicated
improvements shall make clear and specific reference to the following:
(1)
Description of all improvements not dedicated;
(2)
The individual(s) or entity responsible for ownership and maintenance
of said improvements in accordance with this chapter;
(3)
The ownership and maintenance agreement as required by this
chapter;
(4)
Terms and conditions of the required maintenance;
(5)
That no improvements shall be eliminated or altered without
the written approval of the Township;
(6)
That in the event improvements are altered, eliminated, or improperly
maintained, the Township may prescribe necessary corrective measures
and a reasonable time period to perform such work, and that if such
action is not taken in the time period specified, the Township may
cause the work to be performed and invoice the ownership and maintenance
entity, including the assertion of a judgment lien against it; and
(7)
That all improvements not offered for dedication may be offered
in the future if said improvements meet the minimum standards of this
and/or applicable Township ordinances in effect at the time the offer
of dedication is made. If the improvements do not conform to the minimum
standards in effect, the Township shall have no obligation to accept
said improvements until such time the improvements are improved to
meet said standards, all costs of which shall be borne by the owner,
association of property owners, their successors and assigns.
