This chapter shall be known and may be cited
as the "Birmingham Township, Chester County, Subdivision and Land
Development Ordinance."
This chapter is adopted for the following purposes:
A. To assist orderly, efficient, integrated and harmonious
development of the Township.
B. To assure sites suitable for building purposes and
human habitation.
C. To coordinate proposed streets with existing streets
or other proposed streets, parks or other features of the Township
Comprehensive Plan.
D. To provide adequate open spaces for traffic, recreation,
light and air and for proper distribution of population.
E. To ensure conformance of subdivision and land development
plans with the public improvements of the Township and coordination
of intermunicipal, county and commonwealth improvement plans and programs.
F. To ensure conformance of subdivision and land development
plans by providing uniform procedures and standards.
G. To regulate subdivisions and land developments within
the jurisdiction of the Township and concurrently to promote the highest
quality environment obtainable.
H. To ensure that the layout and arrangement of the subdivision
or land development plan is in conformance with the approved articles
or chapters of the Comprehensive Plan and to any regulations or maps
adopted in furtherance thereof.
I. To provide proper procedures and regulation of the
recording of all public and private easements and rights-of-way within
the Township.
J. To ensure the preservation of floodplains and low-lying
areas of the Township.
K. To provide a procedure and establish responsibility
for the completion of all public improvements.
L. To regulate the earthmoving activities within the
Township, to prevent soil erosion and to provide sedimentation control
of Township streams.
M. To protect the rights of the residents of Birmingham
Township to enjoy clean air, pure water and the natural, scenic, historic
and aesthetic values of the environment, as set forth in the Pennsylvania
Constitution and in other Pennsylvania and federal statutes, including
the purpose to conserve environmentally sensitive areas as defined
hereinbelow.
[Added 9-16-1991 by Ord. No. 91-08]
The provisions of this chapter shall be held
to be minimum requirements to meet the above-stated purposes. Where
the provisions of this chapter impose greater restrictions than those
of any statute, other ordinance or regulations, 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 provision of such statute, ordinance or regulation
shall prevail.
This chapter may be amended from time to time
by the Board of Supervisors by proceeding as provided by law.