ARTICLE 1 GENERAL PROVISIONS AUTHORITY AND ADMINISTRATION RESPONSIBILITIES OF DEVELOPER AND PLANNING COMMISSION

Transcription

1 ARTICLE 1 GENERAL PROVISIONS TITLE AUTHORITY AND ADMINISTRATION PURPOSE INTERPRETATION RESPONSIBILITIES OF DEVELOPER AND PLANNING COMMISSION JURISDICTION COMPLIANCE COMPLIANCE WITH OTHER CODES AND REGULATIONS GENERAL WORK SITE PROVISIONS SEVERABILITY ENACTMENT OF SUBDIVISION AMENDMENTS

2 ARTICLE 1 GENERAL PROVISIONS TITLE This ordinance shall be known, any may be cited as "the FINDLAY TOWNSHIP SUBDIVISION and LAND DEVELOPMENT ORDINANCE" AUTHORITY AND ADMINISTRATION The laws of the Commonwealth of Pennsylvania give governing bodies of municipalities authority to regulate SUBDIVISIONS within the municipality by enacting a SUBDIVISION and LAND DEVELOPMENT ordinance. This ordinance requires that all PLATS of land to be subdivided lying within the TOWNSHIP shall be submitted for approval to the governing body and the planning agency designated in the Township Code for this purpose. All powers granted herein to the Board of Supervisors or the PLANNING COMMISSION shall be exercised in accordance with the provisions of this ordinance Zoning Ordinance control of PLANNED DEVELOPMENTS. In the case of any development governed by the PLANNED DEVELOPMENT provisions of the zoning Ordinance, however, the applicable provisions of this ordinance shall be as modified by the zoning Ordinance, and the procedures which shall be followed in the approval of any PLAT and the rights and duties of the parties thereto shall be governed by the zoning Ordinance COUNTY planning review. Upon adoption of this ordinance in accordance with the laws of the Commonwealth of Pennsylvania, APPLICATIONS FOR DEVELOPMENT located within the TOWNSHIP shall be forwarded to the COUNTY Planning Commission for review and REPORT together with such fee as may be required to cover the costs of the review and REPORT which fee shall be paid by the APPLICANT, provided that the TOWNSHIP shall not approve such applications until the COUNTY REPORT is received or until the expiration of thirty (30) days from the date the application was forwarded to the COUNTY The PLANING COMMISSION is hereby designated as the reviewing authority of and for the Board of Supervisors of Findlay TOWNSHIP, and is charged with the duty of making investigations, REPORTS and recommendations on the design and IMPROVEMENT of proposed SUBDIVISIONS; and shall submit such REPORTS and recommendations to the Board of SUPERVISORS. 1 1

3 PURPOSE These SUBDIVISION and LAND DEVELOPMENT Ordinance is adopted for the following purposes: To assure SITES suitable for BUILDING purposes and human habitation and to provide for the harmonious DEVELOPMENT of the TOWNSHIP; To assure coordination of existing STREETS and highways with proposed STREETS or other features of the COMPREHENSIVE PLAN of the TOWNSHIP; To assure adequate open spaces for traffic, recreation, light and air and for proper distribution of population, thereby creating conditions favorable to the health, safety, morals and general welfare of the citizens; To secure equitable treatment of all LAND DEVELOPMENT and SUBDIVISION plans by establishing definitions, design standards, PLAN requirements and conditions of acceptance of PUBLIC IMPROVEMENTS by the TOWNSHIP; To protect the environment of the TOWNSHIP and reduce the maintenance costs of PUBLIC IMPROVEMENTS by promoting efficient DEVELOPMENT, maintaining minimum standards and regulating DEVELOPMENT in identified FLOODPLAIN areas; To make adequate provision for transportation, water flowage, water supply, DRAINAGE, sanitation, educational opportunities, recreation, protection of the tax base, securing economy in governmental expenditures and the protection of both urban and non-urban needs INTERPRETATION In the interpretation and application of this SUBDIVISION and LAND DEVELOPMENT Ordinance, the provisions shall be held to be minimum requirements, adopted for the promotion of health, safety, morals and general welfare Whenever the requirements of this SUBDIVISION and LAND DEVELOPMENT Ordinance are at variance with the requirements of deed restrictions, covenants or other private agreements or with restrictive covenants running with the land to which the TOWNSHIP is a party, the most restrictive requirement, or that requirement imposing the higher standard, shall govern. 1 2

4 Where any provision of this SUBDIVISION and LAND DEVELOPMENT Ordinance is at variance with any other ordinance, rule or regulation, or other provision of law, the most restrictive provision or that provision imposing the higher standards shall govern This ordinance shall not apply to any LOT or LOTS forming a part of a SUBDIVISION created and recorded prior to the enactment of this Ordinance RESPONSIBILITIES OF DEVELOPER AND PLANNING COMMISSION It shall be the responsibility of the DEVELOPER to comply with the SUBDIVISION and LAND DEVELOPMENT Ordinances contained herein and other applicable TOWNSHIP Ordinances, and to determine the availability of services and facilities in the area to be subdivided JURISDICTION The provisions of this ordinance shall apply to the area within the boundaries of Findlay TOWNSHIP, Allegheny County, Pennsylvania COMPLIANCE No SUBDIVISION or LAND DEVELOPMENT of any LOT, or PARCEL shall be made; no STREET, sanitary SEWER, storm sewer, water main or other IMPROVEMENTS in connection therewith shall be laid out, constructed, opened or dedicated for PUBLIC use or travel, or for the common use of occupants of BUILDINGS ABUTTING thereon, except after approval of PLATS in accordance with the provisions of this SUBDIVISION and LAND DEVELOPMENT Ordinance On and after the effective date of these regulations, no LOT in a SUBDIVISION may be sold, no permit to erect, alter or repair any BUILDING upon land in a SUBDIVISION may be issued, and no BUILDING may be erected in a SUBDIVISION, unless and until a SUBDIVISION PLAT has been approved and recorded, and until the IMPROVEMENTS required herein in connection therewith have either been constructed or guaranteed as required by this ordinance Nothing in this SUBDIVISION and LAND DEVELOPMENT Ordinance shall be deemed to require the approval of the Board of Supervisors for the division of land for agricultural purposes in PARCELS of more than ten acres, not involving any new STREET or EASEMENT of ACCESS. 1 3

5 COMPLIANCE WITH OTHER CODES AND REGULATIONS In addition to complying with the provisions of this ordinance, all SUBDIVISIONS and LAND DEVELOPMENTS within the TOWNSHIP shall comply with all applicable TOWNSHIP Ordinances as amended or adopted from time to time Compliance with applicable TOWNSHIP, COUNTY, State or Federal regulations shall be a requirement for any approval under the provisions of this ORDINANCE Any violation of applicable TOWNSHIP, COUNTY, State or Federal regulations or permits shall be deemed a violation of this ORDINANCE and shall be subject to enforcement procedures authorized by this ORDINANCE GENERAL WORK SITE PROVISIONS l. No work on SUBDIVISION or LAND DEVELOPMENT shall take place between the hours of 8:00 p.m. and 6:30 a.m. or on Sundays or Holidays without the approval of the Board of Supervisors Blasting shall be prohibited. [Added by Ord. 362] No ACCESS to or from another work SITE shall be permitted through or across an approved LOT Access to or from work sites shall not damage existing roadways Any existing IMPROVEMENTS, including ROADS, DRAINAGE FACILITIES and the like, damaged or worsened in condition by the DEVELOPER or subdivider as determined by the TOWNSHIP shall be repaired by the DEVELOPER as required by the TOWNSHIP. Funds for such repairs shall be held either in ESCROW, bond, or letter of credit on an estimate determined by the TOWNSHIP after inspection by the TOWNSHIP of existing conditions of ROADS, DRAINAGE or utilities which may be affected by the LAND DEVELOPMENT or SUBDIVISION and will be released in a fashion similar to other required improvements. If no repairs are necessary due to a DEVELOPMENT'S CONSTRUCTION, all funds earmarked for existing ROAD or DRAINAGE repairs shall be returned to the DEVELOPER SEVERABILITY Should any section or provision of this ordinance be declared by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part so declared to be 1 4

6 unconstitutional or invalid ENACTMENT OF SUBDIVISION AMENDMENTS Proposed amendments to this ORDINANCE shall be enacted in conformance with Sections 505 and 506 of the MPC From the time an APPLICATION FOR PRELIMINARY APPROVAL or an APPLICATION FOR FINAL APPROVAL is duly filed as provided in this ORDINANCE, and while such APPLICATION is pending approval or disapproval, no change or amendment of the zoning subdivision or other governing ordinance or plan shall affect the decision on such application adversely to the APPLICANT and the APPLICANT shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. In addition, when a APPLICATION FOR PRELIMINARY APPROVAL has been duly approved, the APPLICANT shall be entitled to final approval in accordance with the terms of the approved APPLICATION FOR PRELIMINARY APPROVAL. However, if an APPLICATION FOR PRELIMINARY APPROVAL or an APPLICATION FOR FINAL APPROVAL is properly and finally denied, any subsequent APPLICATION shall be subject to the intervening change in governing regulations. 1 5