An Ordinance providing for the regulation and control of the subdivision of lots and the development of land; the approval of plans, plots or replots of land laid out in building lots; standards for the design of streets, lots, easements, blocks and other improvements; certain minimum improvements and construction standards on all streets and required dedications; the administration of this chapter by the Township of Spring Planning Commission and the Township of Spring Board of Supervisors; and penalties for the violation of this chapter.
This chapter shall be known and may be cited as the "Township of Spring Subdivision and Land Development Ordinance."
The purpose of these regulations is to create conditions favorable to the health, safety, morals and general welfare of the citizens by:
A.
Assisting in the orderly and efficient integration of subdivisions.
B.
Ensuring conformance of subdivision plans with the public improvements plans of the Township.
C.
Ensuring sites suitable for building purposes and human habitation.
D.
Facilitating the efficient movement of traffic and avoiding traffic hazards and congestion.
E.
Securing equitable handling of all subdivision plans by providing uniform procedures and standards.
F.
Improving land records by establishing standards for surveys and plans.
G.
Safeguarding the interests of the public, the homeowner, the subdivider and all municipalities.
H.
Preserving natural and historic features.
I.
Carrying out the goals and objectives of the Comprehensive Plan.
J.
Carrying out such other purposes stated in the Pennsylvania Municipalities Planning Code, as amended.
A.
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 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 this chapter.
B.
No lot in a proposed subdivision or land development may be sold, and no final permit to erect any building upon land in a subdivision or land development may be issued unless and until:
(1)
A final plan has been approved and recorded; and,
C.
The regulations of this chapter shall apply to any subdivision or land development.
A.
Agriculture. The subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or residential dwelling, shall be exempted from the regulations of this chapter.
B.
Approved Subdivisions (under State Law). As of 1994, § 508 of the Pennsylvania Municipalities Planning Code generally provided for the following:
(1)
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 of Chapter 450, Zoning, this chapter, or other governing ordinance 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 ordinance or plans as they stood at the time the application was duly filed.
(2)
When an application for approval of a plat, whether preliminary or final, has been approved without conditions or approved by the applicant's acceptance of conditions, no subsequent change or amendment in Chapter 450, Zoning, this chapter or any other governing ordinance 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.
(3)
If final plan approval is preceded by preliminary plan approval, the five-year period shall be counted from the preliminary plan approval date.
A.
The provisions of this chapter shall be interpreted and applied as minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare.
B.
Where provisions, standards and specifications of this chapter conflict with those of any State statute, other ordinance or regulations, the more restrictive requirement shall apply, regardless of its source, unless specified to the contrary.
C.
Illustrations. The illustrations in this chapter are for general illustrative purposes and are not part of the regulations of this chapter.
The Board of Supervisors, after receiving a written request for a modification, including the grounds for it, and after providing the Planning Commission with an opportunity to provide a recommendation, shall have the power to pass a written resolution to grant a waiver or modifications to the specific requirements of this chapter, where the applicant proves to the satisfaction of the Board of Supervisors that, owing to special conditions, a waiver or modification is needed to:
A.
Avoid an undue hardship that was not self-created and that would result because of the peculiar and uncommon conditions pertaining to the land in question.
B.
Avoid the imposition of a clearly unreasonable requirement that would not serve any valid public purpose.
C.
Allow an alternative standard that is clearly proven by the applicant to provide equal or better results.
D.
Allow a layout or improvements that would clearly be more in the public interest than what would occur if the modification were not granted.
A.
The Board of Supervisors has established by resolution a schedule of fees and a collection procedure for all applications and other matters pertaining to this chapter.
B.
The applicant is also required to pay any review fees required by the County Planning Commission and the County Conservation District.
C.
Plans shall not be considered filed until all fees are paid and the applications are properly signed as required.
D.
If the Township expenses associated with reviewing a subdivision or land development exceed the total fees that have been paid or placed in escrow by an applicant, the applicant shall pay such excess expenses prior to release of the final plans by the Township for recording.
A.
Multiple plans. Only one plan concerning any one specific area of land shall be actively and officially before the Township for review at any one moment in time, unless the Planning Commission specifically permits otherwise in advance.
B.
Resubdivisions. A revision or resubdivision of a recorded plan or a final plan approved by the Board of Supervisors shall be considered as a new subdivision and shall comply with all of the regulations of this chapter, except:
(1)
If the Planning Commission determines that a revision is only to correct erroneous data or minor omissions, it shall not be considered a resubdivision, but still shall require approval by the Board of Supervisors.
A.
The regulations set forth in this chapter may, from time to time, be amended by the Board of Supervisors. A public hearing (held pursuant to public notice) on the proposed amendment shall be held by the Board of Supervisors, within the requirements of the State Planning Code.
B.
The Township staff shall submit each proposed amendment (other than an amendment prepared by the Planning Commission) to the Commission for recommendations at least 30 days prior to the date set for the public hearing on such proposed amendment.
C.
The Board of Supervisors shall submit any proposed amendment to the County Planning Commission. The proposed action shall not be taken until the County Planning Commission recommendation is made or until 30 days have passed from such submission.
Decisions of the Board of Supervisors may be appealed in accordance with the Pennsylvania Municipalities Planning Code, as amended.
A.
Inspectors. The Board of Supervisors shall authorize one or more persons, which may include the Township Engineer and his representatives, to enforce the provisions of this chapter and the accompanying design standards and improvement specifications.
B.
Inspection. Any action under this chapter shall be subject to onsite inspection by the Township or its authorized representatives to ensure that there is compliance with this chapter, other Township ordinances and the approved plans.
C.
Remedies. Any action inconsistent with the provisions of this chapter shall be subject to a cease and desist order and other appropriate measures by the Board of Supervisors, or their authorized representatives.
Any person, partnership or corporation who or which has violated the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence to 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 Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the district justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the ordinance to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation.
Neither the approval nor the granting of any building permit, floodplain permit, site plan review, subdivision approval, land development approval, zoning permit, erosion review, stormwater runoff review, steep slope review or any other review or permit of this chapter, involving any land governed by the provisions of this chapter, by an officer, employee or agency of the Township, shall constitute a representation, guarantee or warranty of any kind by the Township, or its employees, officials or agencies, of the practicality or safety of any structure, use or subdivision, and shall create no liability upon, nor a cause of action against such public body, official nor employee for any damage that may result pursuant thereto.
It is hereby declared to be the legislative intent 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.
The governing body hereby declares that it would have passed this chapter and each section or part thereof irrespective of the fact that any one or more sections or parts thereof be declared invalid.
The provisions of this chapter that only repeat, summarize or reference provisions of the Pennsylvania Municipalities Planning Code shall be deemed to be automatically superseded and replaced by any applicable amendments to the Pennsylvania Municipalities Planning Code.
A "land development" shall be required to follow all of the same submission requirements, review procedures and other requirements of this chapter as a "major subdivision," unless such land development only would involve the development of a maximum of three dwelling units, in which case only a final plan submission and approval is required and not a preliminary plan submission or approval.