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Township of Lower Salford, PA
Montgomery County
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Table of Contents
Table of Contents
[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. 
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. 
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. 
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. 
To ensure the overall health, safety, and general welfare of the residents of Lower Salford Township.
B. 
To ensure that development within the Township will be orderly, efficient, integrated and harmonious.
C. 
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. 
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. 
To require adequate, appropriately located easements or rights-of-way for utilities and storm drainage facilities.
F. 
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. 
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. 
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. 
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. 
To provide equitable and expeditious handling of all subdivision and land development proposals by providing uniform procedures and standards.
K. 
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. 
To provide adequate open space lands and recreation facilities.
M. 
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. 
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. 
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. 
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. 
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. 
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. 
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:
A. 
State the grounds and facts on which the request is based, and, if applicable demonstrate that an alternative standard can provide equal or better results;
B. 
List the provision(s) of the ordinance involved; and
C. 
State the minimum modification necessary.