This chapter shall be entitled "A chapter 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 streets and improvements; financial
security requirements for improvements; the administration of this
chapter by the Chestnuthill Township Planning Commission and Board
of Supervisors; and penalties for the violation of this chapter."
This chapter shall be known and may be cited
as "The Chestnuthill Township Subdivision and Land Development Ordinance"
of 2002.
The purpose of these regulations is:
A.
To create conditions favorable to the health, safety,
morals, and general welfare of the citizens by assisting in the orderly
and efficient integration of subdivisions; ensuring conformance of
subdivision plans with the public improvements plans of the Township;
ensuring sites suitable for building purposes and human habitation;
facilitating the efficient movement of traffic and avoiding traffic
hazards and congestion; securing equitable handling of all subdivision
plans by providing uniform procedures and standards; improving land
records by establishing standards for surveys and plans; safeguarding
the interests of the public, the homeowner, the subdivider and the
municipality; preserving natural and historic features; and carrying
out the goals and objectives of the Comprehensive Plan and the Pennsylvania
Municipalities Planning Code.
A.
No subdivision or land development of any lot, tract,
or parcel of land shall be made, and no street, sanitary sewer main,
water main or other improvements required in connection with a proposed
subdivision or land development shall be laid out, constructed, opened
or dedicated for use of the public or the occupants of the proposed
subdivision or land development, except in accordance with this chapter.
B.
A lot or parcel that was not a legal lot of record
prior to adoption of this chapter shall not be created, sold or transferred,
and no land development may occur on a lot unless and until:
C.
Landowner. No subdivision or land development shall be submitted to the Township for review except by the landowner of such land or his/her specifically authorized agent (see definition of "landowner" in Article II, which includes equitable owner).
D.
Effect of Official Map. All subdivisions and land developments shall be subject to the reservations shown and established by the Chestnuthill Township Official Map which has been enacted by ordinance pursuant to Article IV of the Pennsylvania Municipalities Code.[1] All public streets, public grounds and other public elements identified by Chapter 72, Map, Official, which are shown on final, recorded plats which have been approved in accord with this chapter shall be deemed amendments to the Official Map. No public hearing need be held or notice given if the amendment of the Official Map is the result of the addition of a plat which has been approved in accord with this chapter.
[Added 12-7-2004 by Ord. No. 2004-07]
[1]
Editor's Note: See 53 P.S. § 10401
et seq.
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.
A.
Standards.
(1)
The provisions of this chapter shall be interpreted
and applied as minimum requirements for the promotion of the public
health, safety, convenience and general welfare.
(2)
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.
B.
Illustrations. The illustrations in this chapter are
for general illustrative purposes, and are not part of the regulations
of this chapter.
A.
An applicant seeking a modification or exception to
this chapter shall submit to the Township staff a request in writing
that states the specific chapter section(s) involved and the reasons
for the request. The staff shall provide the request to the Planning
Commission for a recommendation. After the Planning Commission has
had an opportunity for review at a meeting, the Board of Supervisors
may in writing grant a waiver or modifications to the specific requirements
of this chapter.
B.
The applicant must prove that the request will meet
one or more of the following conditions:
(1)
Avoid an undue hardship that was not self-created
and that results from the peculiar and uncommon conditions of the
property; or
(2)
Avoid a clearly unreasonable requirement that would
not serve any valid public purpose; or
(3)
Allow an alternative standard that is clearly proven
by the applicant to provide equal or better results; or
(4)
Allow a layout or improvements that would clearly
be more in the public interest than what would occur if the modification
were not granted; or
(5)
Remove a requirement that is not applicable, especially
because of the small size of the proposed subdivision or land development;
or
(6)
Recognize that individual lots within a proposed commercial
or industrial subdivision will require future land development approvals,
and that certain engineering matters can be deferred until specific
land development plans are later submitted.
C.
Modification of requirements for conservation subdivisions.
[Amended 5-1-2014 by Ord. No. 2014-02]
(1)
In addition to the authority granted in Subsection B, the Board of Supervisors shall have the authority to modify specific requirements of this chapter for an application approved as a conservation subdivision under Chapter 119, Zoning, in any of the following cases:
(a)
To result in a higher quality site design, including
a design that is more pedestrian-friendly, encourages lower speed
traffic on residential streets and/or promotes patterns of development
similar to traditional villages.
(b)
To minimize adverse impacts upon important natural
features, scenic views and historic buildings.
(2)
Allowed modifications. A modification under this Subsection C shall not be primarily intended to result in the allowance of a higher number of lots/dwelling units on a tract than would otherwise be possible. A modification under this Subsection C may include, but is not limited to, the following:
(a)
Reduction in the minimum horizontal curve radius of
streets to promote lower-speed traffic.
(b)
Variations in the design of cul-de-sac street ends.
(c)
Reduction of street cartway widths and provisions
for alleys to provide rear access to properties, considering the expected
traffic volumes, on-street parking and traffic speeds.
(d)
Allowance of roadside drainage swales without curbing
where curbing is not necessary for stormwater management reasons.
(e)
Variations in landscaping and buffer yard requirements
that still achieve a similar effect to what would otherwise be required.
(f)
Allowance of shared driveways where necessary to minimize
impacts upon natural resources and to manage traffic access onto through
streets.
(g)
Allowance of flag lots where necessary to minimize
impacts upon natural resources.
(3)
Deferral of submission requirements. For an application
for a conservation subdivision, an applicant may defer the submittal
of the following specific detailed engineering information until the
final plan submission if the applicant commits to not construct any
improvements, conduct substantial grading nor remove forested areas
until after final plan approval. This provision shall not restrict
routine soil testing.
(a)
The applicant shall submit a written list of the information
that is proposed to be deferred and the draft text of an agreement
to carry out this subsection. The agreement shall be in a legally
binding document that is acceptable to the Township Solicitor. The
list of information that is deferred shall require written approval
by the Planning Commission but shall not require approval by the Board
of Supervisors. The agreement shall be prepared in a manner that is
binding upon all of the applicant's heirs, successors and assigns.
(b)
This deferral of submission requirements may include
detailed road profiles (except that the applicant shall be required
to show that slope requirements will be met), road data, utility profiles,
grading plans, stormwater calculations and improvement construction
details.
(c)
In place of submitting this information at the preliminary
plan stage, an applicant shall submit sufficient information at the
preliminary plan stage to prove the feasibility of proposed development.
The Township Engineer, Planning Commission or Board of Supervisors
may require that specific information be provided to show this feasibility.
This shall include proving the ability of all final plan stages to
fully function in a coordinated manner, even if all stages are not
completed.
A.
The Board of Supervisors has established a schedule
of fees and a collection procedure for all applications and other
matters pertaining to this chapter. This schedule of fees may be amended
by resolution of the Board of Supervisors.
B.
The applicant is also required to pay any review fees
required by the County Planning Commission and the County Conservation
District, and any other applicable agencies.
C.
Plans shall not be considered filed until all fees
are paid and the applications are properly signed as required.
D.
If the expenses of the Township for reviews of a subdivision
or land development exceed the total fees that have been paid or placed
in escrow by an applicant, such excess expenses shall be paid by the
applicant prior to release of the final plans by the Township for
recording.
A.
Alternate plans. Only one plan concerning any one
area of land shall be before the Township for review at any one moment
in time, unless the Planning Commission specifically permits simultaneous
review of alternative plans. When an alternative plan is permitted,
a new submission fee shall be required, unless the Planning Commission
determines that the alternative plan is not significantly different
from the earlier submission.
B.
Revisions and resubdivisions.
(1)
Revised plans.
(a)
Until a submission is approved or rejected by the
Board of Supervisors, the applicant may withdraw the submission and
submit a revised plan following the submission and review procedures
which apply to that plan. For any submittal of a revision of a previously
submitted plan, the Township may require the applicant to submit additional
fees if needed based upon the Township's expenditures on the review
up to that time.
[1]
If any revision is submitted to an active subdivision
or land development plan, then such revision shall be considered a
new submittal, and the ninety-day maximum time period for Township
approval shall restart after the first regular Planning Commission
meeting after such submittal of the revised plan.
(2)
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.
For a reasonable period of time, the Township
shall maintain records of the findings, decisions and recommendations
of the Planning Commission and Board of Supervisors regarding all
subdivision and land development plans. Such records shall be available
to the public for review.
A.
The regulations set forth in this chapter may, from
time to time, be amended by the Board of Supervisors, following the
procedures of the Pennsylvania Municipalities Planning Code, as amended,
including a Supervisors' public hearing (with public notice required
by the Municipalities Planning Code) and the required legal advertisement.
B.
Reviews. The Township shall submit each proposed amendment
(other than an amendment prepared by or under the direction of the
Planning Commission) to the Planning Commission for recommendations
at least 30 days prior to the date set for the Supervisors public
hearing. The Township shall submit any proposed amendment to the County
Planning Commission at least 30 days before the public hearing on
such amendment.
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 Zoning Officer and the
Township Engineer and his/her representatives, to enforce the provisions
of this chapter and the accompanying design standards and improvement
specifications.
B.
Inspection. Any action under this chapter is subject
to on-site inspection by the Township or its authorized representatives
to ensure 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 an enforcement notice, which may
include a cease-and-desist order, and other appropriate measures by
the Board of Supervisors or its authorized representatives.
A.
Any person, partnership or corporation who or which has violated any provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Board of Supervisors or its authorized representatives, pay a judgment of not more than $500, plus all court costs, including reasonable attorneys' fees incurred by the municipality as a result thereof, unless a higher penalty is established under state law. This shall include, but not be limited to, any person, partnership or corporation that accomplishes any act listed under § 98-4, Applicability, without following the applicable procedures of this chapter.
B.
The description by metes and bounds in the instrument
of transfer or other document used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
C.
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 chapter 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. Imprisonment shall not be authorized
as a penalty under this chapter.
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, wetland delineation or wetland 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, consultant or agency of the Township, shall constitute a
representation, guarantee or warranty of any kind by the Township
or its employees, consultants, 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 any Township body, consultant,
official or employee for any damage that may result pursuant thereto.
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 such provisions of the Pennsylvania
Municipalities Planning Code at the date such amendments become effective
as state law.
See § 98-28 regarding the requirements for a land development.
