This chapter shall be known and cited as the "Dallas Township
Subdivision and Land Development Ordinance."
The Dallas Township Board of Supervisors hereby confers the
authority for the approval or disapproval of all subdivisions and
land developments as set forth in this chapter to the Dallas Township
Planning Commission.
A.
This chapter has been adopted to protect and promote the health,
safety, and general welfare of the Township and by establishing regulations
to allow for the proper and controlled development of the Township,
to provide for environmental protection and to ensure the proper provision
of community facilities. Regulations for specific types of development
for which additional standards have been deemed necessary are intended
to protect the rights of the residents of the Township to enjoy clean
air, pure water, and the natural, historic, and aesthetic value of
the environment.
B.
Through the adoption, administration and enforcement of this chapter,
Dallas Township proposes to create conditions favorable to promote
the health, safety, and general welfare of the Township with regulations
aimed at achieving the following objectives:
(1)
Preservation of natural features, such as agricultural land, woodlands,
wetlands, watercourses, bodies of water, and riparian lands, as well
as historical and cultural features and/or resources, such as buildings
and stone walls, that maintain the attractiveness and value of the
land.
(2)
To provide a standard set of minimum regulations to guide applicants
in the design and development of subdivisions and land developments.
(3)
To provide for adequate light, air and privacy, to secure safety
from fire, flood, and other danger, and to prevent overcrowding of
the land and undue congestion of population.
(4)
To protect and conserve the value of land throughout the Township
and the value of buildings and improvements upon the land, and to
minimize the conflicts among the uses of land and buildings.
(5)
To ensure that public facilities are available and will have a sufficient
capacity to serve a proposed subdivision or land development.
(6)
To provide the opportunity for a wide range and variety of housing
types to meet the needs and affordability of all Township residents,
newly formed households, growing families and senior citizens.
(7)
To establish reasonable standards of design and procedures for subdivisions
and land developments in order to further the orderly layout and use
of land and to ensure proper legal descriptions and monumentation
of proposed subdivisions and land developments.
(8)
To guide public and private policy and action in order to provide
adequate and efficient transportation, water, sewage, schools, parks,
playgrounds, recreation, and other public requirements and facilities.
(9)
To provide the most beneficial relationship between the uses of land
and buildings and the circulation of traffic throughout the Township,
with particular regard to the avoidance of congestion in the streets
and highways, and the pedestrian traffic movements appropriate to
the various uses of land and buildings, and to provide for the proper
location and width of streets and building lines.
(10)
To prevent the pollution of air, streams, and ponds; to assure
the adequacy of drainage facilities; to safeguard the water table;
and to encourage the prudent use and management of natural resources
throughout the Township in order to preserve the integrity and stability
of the community and the natural environmental characteristic of the
land.
(11)
To protect and regulate land in critical areas which may be
unsuitable for development.
A.
Grading: No person, firm or corporation proposing to make or have
made a subdivision within the area of jurisdiction of this chapter
shall proceed with any grading or other change in the level or contours
of the land or streets before obtaining from the Planning Commission
the approval of the preliminary plan of the proposed subdivision,
and no lots shall be delivered or agreements for sale made for lots
in any subdivision before obtaining from the Commission the approval
of the final plan of the proposed subdivision.
B.
Access; drainage; geology. No land shall be subdivided for residential
use unless adequate access to the land over adequate streets or thoroughfares
exists or will be provided by the subdivider, or unless such land
is considered by the Commission to be unsuitable for such use by reason
of flooding or improper drainage, objectionable earth and rock formation,
topography or any other feature harmful to the health and safety of
possible residents and the community as a whole.
C.
No subdivision or land development of any lot, tract, or parcel of
land shall be made, and no street, sanitary sewer, water main, gas,
oil, or electric transmission line, or other facilities 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 this
chapter.
D.
No lot in a proposed subdivision or land development may be sold
and no zoning and/or building permit to erect any building, structure
or other improvements upon land in a subdivision or land development
may be issued unless and until each of the following conditions are
met:
(1)
The plans and application have been granted final approval by the
Township Planning Commission.
(2)
The applicant has posted a form of financial security, acceptable
to the Board of Supervisors, which guarantees that all required improvements
shall be subsequently constructed within a defined period of time.
A.
Pending action. From the time an application for approval of a plat,
whether preliminary or final, is duly filed as provided in this chapter,
and while such application is pending approval or disapproval, no
change or amendment to this chapter or other governing ordinance or
plan shall affect the decision on such application adversely to the
applicant, and the applicant shall be entitled to a decision in accordance
with the provisions of the governing ordinances or plans as they stood
at the time the application was duly filed. In addition, when a preliminary
application has been duly approved, the applicant shall be entitled
to final approval in accordance with the terms of the approved preliminary
application as hereinafter provided. However, if an application is
properly and finally denied, any subsequent application shall be subject
to the intervening change in governing regulations.
B.
Project completion and effect of litigation. When an application
for approval of a plat, whether preliminary or final, has been approved
under the terms of this chapter without conditions or approved by
the applicant's acceptance of conditions, no subsequent change
or amendment to this chapter or other governing ordinance or plan
shall be applied to affect adversely the right of the applicant to
commence and to complete any aspect of the approved development in
accordance with the terms of such approval within five years from
such approval. The five-year period shall be extended for the duration
of any litigation, including appeals, which prevent the commencement
or completion of the development, and for the duration of any sewer
or utility moratorium or prohibition which was imposed subsequent
to the filing of an application for preliminary approval of a plat.
In the event of an appeal filed by any party from the approval or
disapproval of a plat, the five-year period shall be extended by the
total time from the date the appeal was filed until a final order
in such matter has been entered and all appeals have been concluded
and any period for filing appeals or requests for reconsideration
have expired. Provided, however, that no extension shall be based
upon any water or sewer moratorium which was in effect as of the date
of the filing of a preliminary application.
C.
Five-year commencement period. Where final approval is preceded by
preliminary approval, the aforesaid five-year period shall be counted
from the date of the preliminary approval. In the case of any doubt
as to the terms of a preliminary approval, the terms shall be construed
in the light of the provisions of the governing ordinances or plans
in existence at the time when the application for such approval was
duly filed.
D.
Substantially completed improvements. Where the landowner has substantially
completed the required improvements as depicted upon the final plat
within the aforesaid five-year limit, or any extension thereof as
may be granted by Planning Commission, no change to a Township ordinance
or plan enacted subsequent to the date of filing of the preliminary
plat shall modify or revoke any aspect of the approved final plat
pertaining to density, lot, building, street or utility location.
E.
Installation of improvements beyond five years. In the case of a
preliminary plat calling for the installation of improvements beyond
the five-year period, a schedule shall be filed by the landowner with
the preliminary plat delineating all proposed sections as well as
deadlines within which applications for final plat approval of each
section are intended to be filed. Such schedule shall be updated annually
by the applicant, on or before the anniversary of the preliminary
plat approval, until final plat approval of the final section has
been granted, and any modification in the aforesaid schedule shall
be subject to approval of the Planning Commission in its discretion.
F.
Phases. Each phase in any residential subdivision or land development,
except for the last phase, shall contain a minimum of 25% of the total
number of dwelling units as depicted on the preliminary plan, unless
a lesser percentage is approved by Planning Commission in its discretion.
Provided the landowner has not defaulted with regard to or violated
any of the conditions of the preliminary plat approval, including
compliance with landowner's aforesaid schedule of submission
of final plats for the various sections, then the aforesaid protections
afforded by substantially completing the improvements depicted upon
the final plat within five years shall apply and for any section or
sections, beyond the initial phase, in which the required improvements
have not been substantially completed within said five-year period,
the aforesaid protections shall apply for an additional term or terms
of three years from the date of final plat approval for each phase.
G.
Failure of compliance by landowner. Failure of landowner to adhere
to the aforesaid schedule of submission of final plats for the various
sections shall subject any such section to any and all changes to
this chapter or other governing ordinance or plan enacted by the Township
subsequent to the date of the initial preliminary plan submission.
A revision or resubdivision of a plan of record and/or lot of
record shall be considered as a new subdivision and shall come under
the jurisdiction of this chapter.
A.
In the interpretation and application, the provisions of this chapter
shall be held to the minimum requirements for the promotion of the
public health, safety and general welfare. When provisions, standards
and specifications of this chapter differ from those of any other
ordinance, statute or regulation, the more restrictive or higher standards
shall apply.
B.
The provisions of this chapter are not intended to abrogate any private
easement, covenant or any other restriction of record, provided that
where the provisions of this chapter are more restrictive or impose
higher standards or regulations than such easement, covenant, or other
restriction, the applicable provisions of this chapter shall govern.
A.
The provisions of this chapter are intended as a minimum standard
for the protection of the public health, safety, and welfare. If the
literal compliance with any mandatory provision of this chapter is
shown by the applicant, to the satisfaction of the Planning Commission,
to be unreasonable or to cause undue hardship as it applies to a particular
property; or, if the applicant shows that an alternative proposal
will allow for equal or better results, the Planning Commission may
grant a waiver from such mandatory provision so that substantial justice
may be done and the public interest secured while permitting the reasonable
utilization of the property. However, the granting of a waiver/modification
shall not have the effect of making null and void the intent and purpose
of this chapter.
B.
All requests for waivers/modifications shall be in writing, shall
accompany and be made a part of the development application, and shall
include:
C.
All proposals for waiver/modification of provisions or requirements
of this chapter shall require final approval by the Planning Commission.
D.
If the request is denied, the applicant shall be notified in writing
of the basis for denial. Based upon vested authority, if the Planning
Commission grants the request, the final record plan shall include
a note which identifies the waiver/modification as granted. The Planning
Commission shall keep a written record of all actions on all requests
for waivers/modifications.
A.
Establishment of fees. The Dallas Township Board of Supervisors shall
establish, by resolution, a fee schedule for subdivision and land
development applications. Said fees schedule shall cover all costs
incurred by the Township associated with the processing and review
of all plans and documents and all plan and document revisions. Such
cost may include, but not be limited to, Township administrative costs
and the reasonable and necessary charges by the Township's professional
consultants as defined and authorized by Sections 503(1) and 510(g)
of the Pennsylvania Municipalities Planning Code.[1] Professional consultants, shall include, but shall not
be limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects, and planners.
[1]
Editor's Note: See 53 P.S. §§ 10503(1) and
10510(g), respectively.
B.
Application fees. In accordance with the adopted fee schedule, an
applicant, at the time of the filing an application shall pay to the
Township the required fee representing the administrative fee for
filing said application. Said fee shall be separate and distinct from
review and inspection fees.
C.
Review and inspection fees. At the time of the filing of any application,
the applicant shall pay to the Township a fee deemed sufficient to
cover the cost of:
(1)
Reviewing compliance with ordinance requirements and engineering
details.
(2)
Inspecting property for the site for conformance.
(3)
Evaluating cost estimates of required improvements.
(4)
Inspection of required improvements during installation.
(5)
Final inspection or reinspection on completion of installation of
required improvements.
(6)
Fees charged for other related consulting services.
(7)
Any other review costs incurred by the Township.
D.
Supplemental fees and adjustment. If the review fees collected at
the time of application are not sufficient to cover the cost of engineering
services and other related professional consulting services incurred
by the Township, an additional fee shall be collected from the applicant
prior to any action on the plan. If after Township action on the plan,
any review fees remain, there shall be a refund made to the applicant
of the balance within 30 days of action on the plan.
E.
County fees. The applicant shall also be required to pay for all
required fees for review and comment by the Luzerne County Planning
Commission.
F.
Filing date and payment of fees. A completed application and plans
for any proposed subdivision or land development shall not be considered
as filed until all fees are paid and all applications are properly
signed.
A.
Preventive remedies.
(1)
In addition to other remedies, the Township may institute and maintain
appropriate actions by law or equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building, structure or premises.
The description by metes and bounds to the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
(2)
The Township may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property which has
been developed or which has resulted from a subdivision of real property
in violation of this chapter. The authority to deny such a permit
or approval shall apply to any of the following applicants:
(a)
The owner of record at the time of such violation.
(b)
The vendee or lessee of the owner of record at the time of such
violation without regard as to whether such vendee or lessee had actual
or constructive knowledge of the violation.
(c)
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether the current
owner had actual or constructive knowledge of the violation.
(d)
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
(3)
As an additional condition for the issuance of a permit or granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the Township may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.
B.
Jurisdiction. District Justices shall have initial jurisdiction in
proceedings brought hereunder of Dallas Township, Luzerne County.
C.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated
the provisions of this chapter, shall upon being found liable therefor
under civil enforcement proceedings commenced by the municipality,
pay a judgment of not more than $500 plus all court costs, including
reasonable attorney fees incurred by the municipality as a result
of such proceedings. No judgment shall be commenced or be imposed,
levied or payable until the date of the determination of a violation
by the District Justice. If the defendant neither pays nor timely
appeals the judgment, the municipality may enforce the judgment pursuant
to the applicable rules of civil procedure. Each day that a violation
continues shall constitute a separate violation.
(2)
Nothing contained within this section shall be construed or interpreted
to grant any person or entity other than the municipality the right
to commence action for enforcement pursuant to this section.
The regulations set forth in this chapter may, from time to
time, be amended by the Dallas Township Board of Supervisors. The
following requirements shall be observed prior to enacting any amendments
to this chapter.
B.
In the case of an amendment other than that prepared by the Planning
Commission, the Board of Supervisors shall submit such amendment to
the Planning Commission not less than 30 days' prior to the public
hearing.
C.
The proposed amendment shall be submitted to the Luzerne County Planning
Commission not less than 30 days' prior to the public hearing.
D.
The proposed amendment shall not be enacted unless public notice
is given which shall include the time and place of the meeting at
which passage will be considered and a reference to a place within
the municipality where copies of the proposed amendment may be examined
without charge or obtained for a charge not greater than the cost
of reproduction.
E.
Public notice of the proposed amendment shall include the full text
thereof or the title and a brief summary, prepared by the Municipal
Solicitor, setting forth all the provisions in reasonable detail.
If the full text is not provided, a copy shall be supplied to the
newspaper in which the public notice is placed and an attested copy
shall be placed on file at the Luzerne County Law Library.
F.
Within 30 days following the adoption of an amendment to this chapter, the Township shall forward a certified copy of the amendment to the Luzerne County Planning Commission in accordance with the Pennsylvania Municipalities Planning Code, Act 247, Article V, Section 505(b).[2]
[2]
Editor's Note: See 53 P.S. § 10505(b).
The provisions of this chapter that only reference provisions
of the Pennsylvania Municipalities Planning Code[1] shall be deemed to be automatically superseded and replaced
by any applicable amendments to such provisions of the Pennsylvania
Municipalities Planning Code at the date such amendments become effective
as state law.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Decisions rendered by the Planning Commission may be appealed
to a court of proper jurisdiction in accordance with the procedures,
provisions and time limitations as contained in Article X-A of the
Pennsylvania Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
All ordinances, or any parts thereof, which are inconsistent
or in conflict with this chapter are hereby repealed to the extent
of such conflict.
The provisions of this chapter are severable. If any part of
this chapter is declared to be unconstitutional, illegal or invalid,
the validity of the remaining provisions shall be unaffected thereby.
It is the intention of Dallas Township that this chapter would have
been adopted had such unconstitutional, illegal or invalid part not
been included.
This chapter shall become effective five days after it is enacted.
