This chapter shall be known and may be cited as the "Marshall Township Subdivision and Land Development Ordinance."
A.
Any Township ordinance or part thereof inconsistent herewith is hereby repealed to the extent of such inconsistency.
B.
Upon adoption of this chapter, Ord. No. 383A, adopted by the Board on January 3, 2008, and as subsequently amended, is hereby repealed.
C.
Nothing in this chapter hereby adopted shall be construed to affect any suit or legal proceeding now pending in any court, or any rights accrued, or liability incurred, or any cause of action accrued or existing under any ordinance hereby repealed; nor shall any right or remedy of any character be lost, impaired or affected.
A.
This chapter shall apply to all properties and uses located within the corporate limits of the Township.
A.
Purpose.
1.
This chapter has been designed and adopted to provide uniform standards and procedures for the regulation of subdivision and land development within the Township. The provisions of this chapter shall be administered to ensure harmonious development in the Township.
2.
It shall further be the intent of this chapter to:
(a)
Ensure the greater health, safety, convenience and welfare to the citizens of the Township;
(b)
Ensure sites are suitable for building purposes and human habitation;
(c)
Coordinate proposed streets and other proposed improvements;
(d)
Ensure that adequate easements and rights-of-way are provided for drainage facilities, utilities, streets, and other improvements;
(e)
Ensure equitable and uniform handling of subdivision and land development plat applications;
(f)
Ensure coordination of intra- and inter-municipal public improvement plans and programs;
(g)
Ensure the efficient and orderly extension of community facilities and services at minimum cost and maximum convenience;
(h)
Regulate the subdivision and land development of land within any flood hazard area or Floodplain (FP) overlay district in order to promote the health, safety and welfare of the citizens of the Township;
(i)
Require that each lot in the Floodplain (FP) overlay district includes a safe building site with adequate access, and that public facilities which serve such uses be designed and installed to minimize flood damage;
(j)
Ensure that reservations, if any, by the developer of any area designated for use as public grounds shall be suitable in size and location for their designated uses;
(k)
Guide the future growth and development of the Township in accordance with the Township Comprehensive Plan;
(l)
Ensure that documents prepared as part of a land ownership transfer fully and accurately describe the parcel of land being subdivided and the new parcel(s) thus created;
(m)
Ensure the orderly and efficient integration of subdivisions into the development of the Township;
(n)
Ensure the safe and efficient movement of traffic;
(o)
Ensure the conservation, protection and wise use of the natural resources and features, including, but not limited to, water, woodlands, slopes, vegetation, soils, wetlands, natural drainage systems and geology; and
(p)
Ensure the protection of water resources and drainage ways.
B.
Scope. This chapter contains regulations which include, but are not limited to, the following:
1.
Provisions for the submittal and processing of plats, including the charging of review fees, and specifications for such plats, including certification as to the accuracy of plats and provisions for preliminary and final approval and for processing of final approval by stages or sections of development.
2.
Design standards and guidelines for the overall layout, configuration, and placement of lots, streets, open space, parks, public facilities, and other physical improvements on property to promote orderly development within the Township.
3.
Engineering and technical standards, including appropriate financial guarantees, governing the manner by which various improvements including streets, bridges, common facilities, water supply and sewage facilities infrastructure, stormwater management facilities, walkways, lighting, parking lots, and other improvements are properly constructed.
A.
Enabling law. This chapter is enacted pursuant to the authority conferred upon the Township by the Pennsylvania General Assembly in the Pennsylvania Municipalities Planning Code, Act 247 of July 31, 1968, 53 P.S. § 10101 et seq., as amended, hereinafter referred to as "MPC."
B.
Authorities.
1.
The Board shall have the authority to approve or disapprove all preliminary and final subdivision or land development plan applications as required herein.
2.
The Planning Commission is hereby designated as the agency which shall review and make recommendations on all subdivision and land development plan applications as required herein, prior to action on the same by the Board.
A.
Applications for subdivision and land development located within the Township that have been determined complete shall be forwarded to the County Planning Agency for its review.
B.
The Board shall not approve such applications until the County Planning Agency’s recommendation is received or until the expiration of 45 days from the date the application was forwarded to the County Planning Agency.
A.
No subdivision or land development of any lot, tract or parcel of land located in the Township shall be effected, and no street, sanitary sewer, storm sewer, water main 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 thereon, unless and until a final subdivision plat has been approved by the Board and publicly recorded and a developer’s agreement executed in the manner prescribed herein, nor otherwise, except in strict accordance with the provisions of this chapter.
B.
No lot in a subdivision may be sold, no permit to erect or alter any building upon land in a subdivision or land development may be issued and no building may be erected or altered in a subdivision or land development unless and until a final subdivision plat has been approved by the Board and recorded, and until construction of the improvements required in the manner prescribed herein.
C.
Unit or condominium of real property is included within the meaning of land development as defined in this chapter and must comply with these regulations. Such compliance shall include but not be limited to the filing of preliminary and final plans, payment of established fees and charges, location of each structure and clear definition of each unit, easements, common areas, improvements and all easements appurtenant to each unit.
D.
Preliminary and final plans shall indicate the location of existing structure(s), clearly define each unit and shall indicate all easements, common open spaces, environmentally sensitive areas, and improvements.
A.
The Board shall have the duty and authority for the administration and enforcement of the provisions of this chapter, as specified or implied herein.
B.
As directed by the Board, officials of the Township having regulatory duties and authorities connected with or appurtenant to a subdivision, or land development shall have the duty and authority for the controlling enforcement of the provisions of this chapter, as specified or implied herein or in other ordinances of the Township.
C.
Permits required by the Township for the erection or alteration of buildings, the installation of sewers or sewage disposal systems or for other appurtenant improvements to or use of the land shall not be issued by any Township official responsible for such issuance until it has been ascertained that the site for such building, alteration, improvement or use is contained in a subdivision or land development plan approved and publicly recorded in accordance with the provisions of this chapter and other applicable provisions of the Township Code.
D.
The approval of a subdivision or land development plan or of any improvement installed, or the granting of a permit for the erection or use of a building or land therein, shall not constitute a representation, guaranty or warranty of any kind or nature by the Township or any official, employee or appointee thereof of the safety of any land, improvement, property or use from any cause whatsoever, and shall create no liability upon or a cause of action against the Township or such official, employee or appointee for any damage that may result pursuant thereto.
A.
In interpreting and applying the provisions of this chapter, they shall be held to be minimum requirements for the promotion of public health, safety, comfort, convenience, and greater welfare.
B.
In any case where a provision of this chapter is found to be in conflict with any provision of the Township Code or any statute, ordinance or regulation of the county, the commonwealth or the United States of America, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.
C.
In the event the MPC is amended to establish mandatory provisions which would be inconsistent herewith, those mandatory provisions shall be deemed to be incorporated herein by reference thereto without further amendment of this chapter.
A.
General provisions. If a mandatory requirement of this chapter is shown by the applicant, to the satisfaction of the Board, to be unreasonable, to cause undue hardship, and that an alternate standard can provide better or equal results, the Board may grant a modification to that requirement. A modification may be granted provided it will not be contrary to the public interest and provided the purpose and intent of this chapter is maintained.
B.
Application submission. All requests for a modification of requirements of this chapter shall be submitted, in writing, by the applicant at the time the application for preliminary plan or final plan is filed with the Township. The application shall state in full the grounds and facts of reasonableness or hardship upon which the request is based, the particular provision(s) of this chapter involved, and the minimum modification necessary.
C.
Proof of hardship. It is not sufficient proof of hardship to show that greater profit would result if the modification were granted. Furthermore, a hardship cannot be one personal to the applicant; it must be from the application of this chapter; it must be suffered directly by the property in questions; and evidence or a modification granted under similar circumstances shall not be considered.
D.
Advisory request. The Board shall request an advisory opinion from the Planning Director and the Township engineer on the modification request.
E.
Conditions. In granting a modification, the Board may impose such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so modified.
F.
Reference in plan decision. If a modification is granted, it shall be referenced in the conditions of approval of the plan, and shall only apply to that plan.
G.
Recording of decision. The Board shall record its action and the grounds for granting or denying any modification in its minutes. The Board shall notify the applicant, in writing, of its decision within 15 business days of the date of the Board’s decision.
H.
An applicant for modification shall be required to pay a fee as specified in the fee resolution of the Township.
The Board may from time to time amend, add to, change or repeal all or portions of this chapter. Such amendments to this chapter shall be enacted in accordance with applicable provisions of the MPC. Applicability of any such amendment to a pending or approved plan shall be governed by the MPC.
A.
Any person, partnership or corporation, who or which has violated the provisions of this chapter, upon being found liable therefore in a civil enforcement proceeding commenced by the Township, shall be subject to the enforcement remedies of the MPC. In addition, the Township may utilize the preventative remedies authorized by the MPC.
B.
The description by metes and bounds in 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. The Township may enjoin such transfer or sale by action for injunction brought in any court having jurisdiction of the subject matter and the parties.
C.
As an additional condition for issuance of a permit of the granting of an approval to any owner of record, 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.
A.
General.
1.
The Board shall establish by resolution a schedule setting forth the fees to be paid and escrows to be deposited by the applicant at the time of filing a preliminary or final plan. Said schedule shall be available in the Township office and in such other places as the Township may designate.
2.
At the time of filing, all plans shall be accompanied by a certified check or other form of payment acceptable by the Township, payable to "Marshall Township," in the amounts specified in the schedule to defray the cost of the necessary professional consultant(s) required to review the applicable information of the proposed plans and required data and their adherence to the requirements of this chapter and other applicable Township ordinances and requirements. No plan shall be considered by the Board or Planning Commission unless all fees are paid, and escrows deposited in full.
3.
If determined by the Township that the fees are not sufficient to cover the costs of the professional consultant services, the applicant shall replenish the review fee escrow in the amount specified in the aforementioned fee schedule.
B.
Fee dispute. Any dispute by the applicant as to any fees invoiced in connection with the administration of this chapter shall be resolved in accordance procedures set forth in the MPC.
C.
Professional consultant fees.
1.
The Township’s professional consultant fees shall be reasonable and in accordance with the ordinary and customary charges for similar service in the Township, but in no event shall the fees exceed the rate or cost charged for comparable services to the Township for services which are not reimbursed or otherwise imposed on the applicant. However, such fees shall be sufficient to cover the costs of the following services:
(a)
Reviewing the plan's engineering details;
(b)
Inspecting the site layout for conformance with the plan;
(c)
Preparing or reviewing cost estimates of required improvements (as applicable);
(d)
Inspecting required improvements during installation;
(e)
Final inspection on completion of installation of required improvements;
(f)
Other engineering verifications and/or administrative work required by this chapter;
(g)
Engineering and legal review of the plan’s compliance with this chapter, the Township Code and other applicable county, commonwealth and United States ordinances, statutes and regulations.
(h)
Preparing or reviewing any agreements related to the plan; and
(i)
Other professional consultant services required by this chapter.
D.
Other applicable fees.
1.
Fees for all other permits required for and by the Township, including, but not limited to, opening streets, connecting to municipal sewers, building construction, manufactured home parks, shall also be paid to the Township. At the time of filing, all plans shall be accompanied by a check payable to the applicable municipal sewer authority in an amount established by the authority to defray the cost of reviewing the design and construction specifications of the proposed sanitary sewers and appurtenances.
2.
The applicant at the time of application shall agree to pay any cost associated with the advertising of any ordinance which may be required to be adopted as a result of approval of the plan, or the cost of recording any resolution, agreement or other document associated with the acceptance of any deed of dedication of any improvements required by the approved plan.
Should a court of competent jurisdiction declare any section, subsection, or provision of this chapter invalid or unconstitutional, this decision shall not affect the validity or constitutionality of this chapter as a whole, or any part thereof, other than the part so declared to be invalid or unconstitutional.