This chapter shall be known and cited as the "Mahoning Township Subdivision and Land Development Ordinance of 2006" and is intended to serve as a comprehensive revision to the Mahoning Township Subdivision and Land Development Ordinance enacted on May 12, 1980.
A. 
Section 501 of the Pennsylvania Municipalities Planning Code (P.L. 1329, Act 170, as reenacted December 21, 1988, and as subsequently may be amended)[1] provides that the governing body of a municipality may regulate subdivisions and land development within that municipality by enacting a subdivision and land development ordinance.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
The Supervisors of Mahoning Township, Montour County, Pennsylvania, under the authority cited above do hereby ordain that this chapter was enacted to regulate subdivisions and land developments occurring within the Township in order to promote and protect the health, safety, morals and general welfare of the residents of the municipality, and to implement the purposes outlined in § 211-5 herein.
Activities to be governed by this Subdivision and Land Development Ordinance shall be defined as follows:
SUBDIVISION
The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts or parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that 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 any residential dwelling, shall be exempted.
LAND DEVELOPMENT
Any of the following activities:
A. 
The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:
(1) 
A group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or
(2) 
The division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.
B. 
A subdivision of land.
A. 
Where small portions of existing lots, tracts or parcels of land are being acquired by governmental units for use in road improvements, these divisions of land may be exempt from the requirements of this chapter.
B. 
Where portions of existing lots, tracts or parcels of land are being acquired by utility companies or other public utility corporations for the placement of utility lines, the expansion of existing buildings, or the construction of new buildings, such divisions of land shall be exempt from the requirements of this chapter as per Public Utility Commission regulations, state law, or federal law.
C. 
Where a new deed is to be filed to correct an existing inaccurate parcel description, such revised deed shall be exempt from the requirements of this chapter so long as the original inaccuracy was inadvertent and the correction does not significantly alter the legal descriptions of other properties in the vicinity.
D. 
As established by Section 503(1.1) of the Pennsylvania Municipalities Planning Code,[1] or as may hereafter be amended, the following activities shall be exempt from the land development requirements of this chapter:
(1) 
The conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium;
(2) 
The addition of an accessory building, including farm buildings, on a lot(s) subordinate to an existing principal residential building or agricultural use; or
(3) 
The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until plans for the expanded area have been approved by proper authorities.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
E. 
Additional exceptions to the land development requirements are set forth in § 211-43D of this chapter.
The Mahoning Township Board of Supervisors hereby cites the following as the specific purposes for which this chapter was enacted.
A. 
To accomplish orderly, efficient and harmonious development of the Township.
B. 
To protect and promote the health, safety and general welfare of the citizens of the Township.
C. 
To ensure coordination of subdivision and land development proposals with municipal public improvement plans and programs.
D. 
To secure the protection of soil and water resources and natural drainageways, and to foster the use of sound stormwater management practices.
E. 
To facilitate the safe and efficient movement of people and goods through the Township.
F. 
To ensure equitable processing of all subdivision and land development plans by providing uniform standards and procedures.
G. 
To encourage the utilization of flood hazard areas in a manner that will not increase the flood hazard.
H. 
To ensure that the cost of design and installation of improvements in proposed subdivisions and land developments be borne by the developer rather than by preexisting Township residents.
I. 
To promote the proper monumenting and accuracy of description of land subdivided and conveyed in the Township.
Any person, partnership or corporation intending to subdivide or develop property in Mahoning Township shall prepare plans in accordance with the standards contained in this chapter. Such plans and all required documentation shall be submitted to the Mahoning Township Planning Commission for review and to the Township Supervisors for approval or disapproval, as per the requirements of this chapter. The Supervisors shall consider all review comments and recommendations received prior to taking action on a proposed subdivision or land development. The Supervisors shall, however, have full authority to approve or disapprove all such plans or proposals.
Copies of all subdivision and land development plans for proposals to be located within Mahoning Township shall be forwarded or delivered, upon receipt by the municipality, to the Montour County Planning Commission for review and comment. The Supervisors shall not act on such proposal until receipt of the County's comments or until the expiration of 30 days from the date such proposal was forwarded or delivered to the County Planning Commission. [See also § 211-20B(2) of this chapter for additional procedural details of this process.]
The provisions of this chapter shall be held to be minimum requirements to meet the purposes stated herein. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation (i.e., state enabling statutes, local zoning or building codes, etc.), the provisions of this chapter shall prevail. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than those of this chapter, the provisions of such statute, ordinance or regulation shall prevail.
No subdivision or land development of any lot, tract or parcel of land shall be made; no street, sanitary sewer, storm sewer, water main or other improvements in connection therewith shall be constructed, opened or dedicated for public use or travel or for the common use of occupants of buildings abutting thereon, unless and until a final plat has been prepared in full compliance with the provisions of this chapter and such has been finally approved and recorded as provided and required herein.
The grant of approval of a subdivision or land development plan or of any improvement installed as a condition thereof shall not constitute a representation, guarantee or warranty of any kind by Mahoning Township nor by any official, employee or appointee thereof as to the practicability or safety of the proposed use and shall create no liability upon the Township nor any of its officials, employees or appointees for any damage that may result pursuant thereto. The applicant shall in all cases rely on accepted engineering methods or building practices when designing a subdivision or land development or installing any required improvement. In addition, no such approval shall guarantee the accuracy of any survey or subdivision or land development plans prepared by a registered professional land surveyor, Pennsylvania-licensed engineer or architect, as applicable.