This chapter provides for the regulation and control of the
subdivision of lots and the development of land; the approval of plans,
plots or replots of land laid out in building lots; standards for
the design of streets, lots, easements, blocks and other improvements;
certain minimum improvements and construction standards for streets
and improvements; financial security requirements for improvements;
the administration of this chapter by the Lower Allen Township Planning
Commission and Board of Commissioners; and penalties for the violation
of this chapter.
This chapter shall be known and may be cited as the "Lower Allen
Township Subdivision and Land Development Ordinance of 2010."
The purpose of this chapter is to create conditions favorable
to the health, safety, morals and general welfare of the citizens
by assisting in the orderly and efficient integration of subdivisions;
ensuring conformance of subdivision plans with the public improvement
plans of the Township; ensuring sites suitable for building purposes
and human habitation; facilitating the efficient movement of traffic
and avoiding traffic hazards and congestion; securing equitable handling
of all subdivision plans by providing uniform procedures and standards;
improving land records by establishing standards for surveys and plans;
safeguarding the interests of the public, the property owner, the
subdivider and the municipality; preserving natural and historic features;
and carrying out the goals and objectives of the Comprehensive Plan
and the Pennsylvania Municipalities Planning Code.
In accordance with state public records retention law, the Township
shall maintain records of the findings, decisions and recommendations
of the Planning Commission and Board of Commissioners regarding all
subdivision and land development plans. Such records shall be available
to the public for review in accordance with the state Right-To-Know
Law.
Decisions of the Board of Commissioners may be appealed in accordance
with the Pennsylvania Municipalities Planning Code, as amended.
Neither the approval nor the granting of any building permit,
floodplain permit, site plan review, subdivision approval, land development
approval, zoning permit, erosion review, stormwater runoff review,
wetland delineation or wetland review, steep slope review or any other
review or permit of this chapter, involving any land governed by the
provisions of this chapter, by an officer, employee, consultant or
agency of the Township shall constitute a representation, guarantee
or warranty of any kind by the Township or its employees, consultants,
officials or agencies of the practicality or safety of any structure,
use or subdivision and shall create no liability upon, nor a cause
of action against any Township body, consultant, official or employee
for any damage that may result pursuant thereto.
It is hereby declared to be the legislative intent that:
A. If a court of competent jurisdiction declares any provisions of this
chapter to be invalid or ineffective, in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective, and all other
provisions of this chapter shall continue to be separately and fully
effective.
B. The Board of Commissioners hereby declares that it would have passed
this chapter and each section or part thereof irrespective of the
fact that any one or more sections or parts thereof be declared invalid.
All other Township ordinances or parts thereof that were adopted
prior to this chapter and are clearly in conflict with this chapter,
including the preexisting Lower Allen Township Subdivision and Land
Development Ordinance, as amended, except any provisions that are
specifically referenced by this chapter, are hereby repealed.
The provisions of this chapter that only repeat, summarize or
reference provisions of the Pennsylvania Municipalities Planning Code shall be deemed to be automatically superceded and replaced
by any applicable amendments to such provisions of the Pennsylvania
Municipalities Planning Code at the date such amendments become effective
as state law.
See §
192-30, regarding the requirements for a land development.
This chapter shall become effective five days after adoption
by the Board of Commissioners.