[Amended 11-4-2020 by Ord. No. 2020-03]
This chapter shall be known and may be cited as the "Lower Salford
Township Subdivision and Land Development Ordinance."
This chapter has been enacted in conformance with the provisions
of Act 247 of 1968, the Pennsylvania Municipalities Planning Code,
as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter contains regulations which include but are not
limited to the following:
A.Â
Provisions for the submittal and processing of plats for subdivisions
and land developments, and specifications for such plats, including
provisions for tentative sketch, preliminary and final plan processing
and approvals and for processing of final approval by stages or sections
of development.
B.Â
Provisions governing the standards by which streets shall be graded
and improved and walkways, curbs, gutters, streetlights, fire hydrants,
water, sewage and storm drainage facilities and other improvements
shall be installed as conditions precedent to formal approval of plats.
C.Â
Design standards and guidelines for the overall layout, configuration,
and placement of lots, roads, open space, parks, public facilities
and other physical improvements on property to promote orderly development
compatible with the Indian Valley Regional Comprehensive Plan.
The following are the purposes of this chapter:
A.Â
To ensure the overall health, safety, and general welfare of the
residents of Lower Salford Township.
B.Â
To ensure that development within the Township will be orderly, efficient,
integrated and harmonious.
C.Â
To ensure that the layout and arrangement of subdivisions or land
developments shall conform to the Indian Valley Regional Comprehensive
Plan and to any regulations, maps, studies and reports adopted in
furtherance thereof.
D.Â
To ensure that streets in and bordering a subdivision or land development
shall be coordinated and be of such design and in such locations as
deemed necessary to accommodate prospective traffic and parking and
to facilitate fire protection and other emergency services.
E.Â
To require adequate, appropriately located easements or rights-of-way
for utilities and storm drainage facilities.
F.Â
To ensure that any lands offered for dedication or otherwise reserved
for use as public or common grounds shall be of suitable size, configuration
and topographical character for their designated uses.
G.Â
To ensure conformance of subdivision and land development proposals
with the availability of municipal services and public facilities,
and the coordination of intermunicipal programs.
H.Â
To preserve lands subject to inundation or flooding from subdivision
or land development which would endanger life or property or further
aggravate or increase the existing flooding or inundation conditions.
I.Â
To encourage and promote flexibility, economy and ingenuity in the
layout and design of subdivisions and land developments, including
provisions authorizing the Township to modify the requirements of
this chapter in accordance with concepts and practices consistent
with the modern and evolving, generally accepted principles of site
planning and land development.
J.Â
To provide equitable and expeditious handling of all subdivision
and land development proposals by providing uniform procedures and
standards.
K.Â
To encourage subdivision and land development in accordance with
principles and practices which conserve energy, both during and after
construction, and which encourage the use of alternative energy sources
by methods such as, but not limited to, the layout of the proposal
and the siting of buildings.
L.Â
To provide adequate open space lands and recreation facilities.
M.Â
To preserve and protect natural resources and to prevent pollution
of air and water so as to maintain the quality of life within the
Township and adjacent lands.
N.Â
To maintain the character and the social and economic stability of
the Township and to encourage the orderly and beneficial development
of the community.
O.Â
To provide for the buffering of certain types of land uses to minimize
their impact upon their surroundings.
The provisions of this chapter shall be the minimum requirements
to meet the above-stated purposes. Where the provisions of this chapter
impose greater restrictions than those of any other statute, ordinance
or regulations, then the provisions of this chapter shall prevail,
unless specifically preempted by a state or federal statute. Where
the provisions of any other statute, ordinance or regulations impose
greater restrictions than those of this chapter, the provisions of
such statute, ordinance or regulations shall take precedence.
A.Â
The Board of Supervisors shall, with the recommendation of the Planning Commission, review and act upon as appropriate all subdivision and land development plans as defined below and in Article II of this chapter which are located entirely or in part of Lower Salford Township.
B.Â
Subdivision of a lot or construction, opening or dedication of a
street. No subdivision or land development of any lot, tract or parcel
of land shall be made, and no street, alley, sanitary sewer, storm
drain, water main, gas, oil or electric line or other improvements
in connection therewith shall be laid out, constructed or dedicated
for public use or travel or for the common use of occupants of a building
abutting thereon except in strict accordance with this chapter.
C.Â
Sale of lots, issuance of building permits or erection of buildings.
No lot in a subdivision or land development may be sold, and no permit
to erect, alter or repair any building upon land in a subdivision
or land development will be issued unless and until a subdivision
and/or land development plan has been approved, and where required,
recorded and until the required improvements in connection therewith
have either been constructed or guaranteed for construction in the
form of a bond, escrow or other means approved by the Board of Supervisors
under the advice of the Township Engineer and Solicitor, in accordance
with the laws of the Commonwealth of Pennsylvania.
D.Â
Condominiums. No provision of this chapter shall be construed to
prohibit condominium ownership as permitted by the applicable enabling
legislation of the Commonwealth of Pennsylvania.
The Board of Supervisors may grant a modification of the requirements
of this chapter, through a waiver, in accordance with the standards
and criteria set forth in the Pennsylvania Municipalities Planning
Code. All requests for modifications shall be provided in writing
and be part of the application for subdivision and/or land development.
In the written request for a modification, the applicant shall: