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.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
No subdivision or land development of any lot, tract or parcel of land shall be made, and no street, sanitary sewer main, water main or other improvements required in connection with a proposed subdivision or land development shall be laid out, constructed, opened or dedicated for use of the public or the occupants of the proposed subdivision or land development, except in accordance with this chapter.
B. 
A lot or parcel that was not a legal lot of record prior to adoption of this chapter shall not be created, sold or transferred, and no land development may occur on a lot, unless and until:
(1) 
The subdivision of the lot and/or the approval of the land development, as applicable, has been granted final plan approval and any subdivision has been recorded at the Cumberland County Recorder of Deeds Office; and
(2) 
Either of the following occurs, as provided in Article VIII:
(a) 
The Township has been assured by means of a development agreement and guaranties acceptable to the Board of Commissioners that the improvements will subsequently be installed; or
(b) 
The required improvements in connection therewith have been entirely completed and accepted by the Township.
C. 
Landowner. No subdivision or land development shall be submitted to the Township for review except by the landowner of such land or his/her specifically authorized agent. (See the definition of "landowner" in Article II which includes "equitable owner".)
D. 
Zoning. All subdivisions and land developments shall comply with Chapter 220, Zoning, and other relevant Township codes and ordinances.
A. 
Agriculture. The subdivision by lease of land solely for agricultural purposes into parcels of more than 10 acres, not involving any new street or easement of access or residential dwelling, shall be exempted from the regulations of this chapter.
B. 
Revisions to Township regulations after submittal of an application. Section 508(4) of the State Municipalities Planning Code[1] shall apply.
[1]
Editor's Note: See 53 P.S. § 10508(4).
A. 
The provisions of this chapter shall be interpreted and applied as minimum requirements for the promotion of the public health, safety, convenience and general welfare.
B. 
Where provisions, standards and specifications of this chapter conflict with those of any state statute, other ordinance or regulations, the more restrictive requirement shall apply, regardless of its source, unless specified to the contrary.
A. 
An applicant seeking a modification or waiver to this chapter shall submit to the Township staff a request, in writing, that states the specific chapter section(s) involved and the reasons for the request. The staff shall provide the request to the Planning Commission for a recommendation. After the Planning Commission has had an opportunity for review at a meeting, the Board of Commissioners may, in writing, grant a waiver or modifications to the specific requirements of this chapter.
B. 
The applicant must prove that the request will meet one or more of the following conditions:
(1) 
Avoids an undue hardship that was not self-created and that results from the peculiar and uncommon conditions of the property; or
(2) 
Avoids a clearly unreasonable requirement that would not serve any valid public purpose; or
(3) 
Allows an alternative standard that is clearly demonstrated by the applicant to provide equal or better results; or
(4) 
Allows a layout or improvements that would clearly be more in the public interest than what would occur if the modification were not granted; or
(5) 
Removes a requirement that is not applicable, especially because of the limited scope of the proposed subdivision or land development; or
(6) 
Recognizes that individual lots within a proposed commercial or industrial subdivision will require future land development approvals and that certain engineering matters can be deferred until specific land development plans are later submitted.
C. 
Modification of requirements for conservation subdivisions.
(1) 
In addition to the authority granted in § 192-7B, the Board of Commissioners shall have the authority to modify specific requirements of this chapter for an application approved as a conservation subdivision under Chapter 220, Zoning, in any of the following cases.
(a) 
To result in a higher quality site design, including a design that is more pedestrian friendly, encourages lower speed traffic on residential streets and/or promotes patterns of development similar to traditional villages.
(b) 
To minimize adverse impacts upon important natural features, scenic views and historic buildings.
(2) 
Deferral of submission requirements. For an application for a conservation subdivision, an applicant may defer the submittal of the following specific detailed engineering information until the final plan submission if the applicant commits to not construct any improvements, begin grading nor remove mature woodlands until after final plan approval. This provision shall not restrict routine soil testing.
(a) 
The applicant shall submit a written list of the information that is proposed to be deferred and the draft text of an agreement to carry out this subsection. The agreement shall be in a legally binding document that is acceptable to the Township. The list of information that is deferred shall require written approval by the Board of Commissioners. The agreement shall be prepared in a manner that is binding upon all of the applicant's heirs, successors and assigns.
(b) 
This deferral of submission requirements may include detailed road data, utility profiles, grading plans, stormwater calculations, improvement construction details and road profiles, provided that the applicant shall be required to show that design standards will be met.
(c) 
In place of submitting this information at the preliminary plan stage, an applicant shall submit sufficient information at the preliminary plan stage to demonstrate the feasibility of proposed development. The Township Engineer, Planning Commission or Board of Commissioners may require that specific information be provided to show this feasibility. This shall include demonstrating the ability of all final plan stages to fully function in a coordinated manner, even if all stages are not completed.
D. 
An applicant seeking a modification or waiver must provide a plan showing the proposed development, including the item that is requested to be waived or modified, and a plan showing the proposed development if the waiver or modification is granted.
A. 
The Board of Commissioners has established, by resolution, a schedule of fees, requirements for escrow accounts and a payment procedure for all applications and other matters pertaining to this chapter. The applicant shall pay the reasonable charges by the Township's Engineer and other professional consultants for review of the proposed project and for related preparation of reports and meeting time. At the time of submittal of a final plan, the applicant shall also be required to deposit funds into the escrow account to pay the anticipated costs of the Township's Engineer and other professional consultants to oversee the system of financial security of improvements and for inspections. This schedule of fees may be amended by resolution of the Board of Commissioners.
(1) 
The applicant shall also be required to fund, in advance, any necessary legal advertisements that are placed by the Township in regard to the applicant's project.
B. 
The applicant is also required to pay any review fees and/or permit fees required by the County Planning Commission, the Township Authority and the County Conservation District, as well as any other applicable agencies.
C. 
Plans shall not be considered filed until all fees are paid and the applications are properly signed as required.
D. 
If the expenses of the Township for reviews of a subdivision or land development exceed the total fees that have been paid or placed in escrow by an applicant, additional funds shall be required to be deposited by the applicant. If expenses exceed the amount placed into escrow, such excess expenses shall be paid by the applicant prior to recording of the final plans. If the funds exceed the amount of the expenses, the balance remaining shall be refunded to the applicant, without interest, after inspection and final release by the Board of Commissioners of any security posted with respect to maintenance or repair of the improvements.
E. 
If the applicant disputes the fees, the applicant can appeal in accordance, with Section 503 and Section 510 of the Pennsylvania Municipalities Planning Code[1] as amended.
[1]
Editor's Note: See 53 P.S.§§ 10503 and 10510, respectively.
F. 
Other fees.
(1) 
Fees for all other permits required for or by the Township or Lower Allen Township Authority for opening roads, connecting to sanitary sewer, building, zoning, etc., shall be paid to the Township or Authority, as applicable.
(2) 
Failure of the applicant to make any required deposit or to pay any bill submitted under or within the time specified in this section shall be a reason for disapproval of the final plan or revocation of any building or zoning permit issued to the applicant or the applicant's heirs, successors or assigns.
A. 
Alternate plans. Only one plan concerning any one area of land shall be before the Township for review at any one moment in time, unless the Planning Commission specifically permits simultaneous review of alternative plans. When an alternative plan is permitted, a new submission fee shall be required.
B. 
Revisions and resubdivisions.
(1) 
Revised plans:
(a) 
Until a submission is approved or rejected by the Board of Commissioners, the applicant may withdraw the submission and submit a revised plan following the submission and review procedures which apply to that plan. For any submittal of a revision of a previously submitted plan, the Township may require the applicant to submit additional amounts into an escrow account or other fees if needed based upon the Township's expenditures on the review up to that time. If any plan is withdrawn and a revised plan is submitted, then such revised plan shall be considered a new submittal, and the ninety-day maximum time period for Township action shall restart after the first regular Planning Commission meeting after such submittal of the revised plan.
(b) 
Alternate plan: see § 192-9A.
(2) 
A revision or resubdivision of a recorded plan or a final plan approved by the Board of Commissioners shall be considered as a new plan and shall comply with all of the regulations of this chapter.
(3) 
If the Township staff determines that a revision of a previously approved plan is only to correct erroneous data or minor omissions or revise engineering details or supporting documentation, the plan may be submitted under the simplified requirements and procedures of § 192-41.
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.[1]
[1]
Editor's Note: See 65 P.S. § 67.101 et seq.
A. 
The regulations set forth in this chapter may, from time to time, be amended by the Board of Commissioners, following the procedures of the Pennsylvania Municipalities Planning Code, as amended,[1] including a Commissioners public hearing (with public notice required by the Municipalities Planning Code) and the required legal advertisement.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Reviews. The Township shall submit each proposed amendment (other than an amendment prepared by or under the direction of the Planning Commission) to the Planning Commission for recommendations at least 30 days prior to the date set for the Commissioners public hearing. The Township shall submit any proposed amendment to the County Planning Commission at least 30 days before the public hearing on such amendment.
Decisions of the Board of Commissioners may be appealed in accordance with the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Inspectors. The Board of Commissioners shall authorize one or more persons, which may include the Zoning Officer, Code Officials and the Township Engineer and his/her representatives, to enforce the provisions of this chapter and the accompanying design standards and improvement specifications.
B. 
Inspection. Any action under this chapter is subject to on-site inspection by the Township or its authorized representatives to ensure compliance with this chapter, other Township ordinances and the approved plans.
C. 
Remedies. Any action inconsistent with the provisions of this chapter shall be subject to an enforcement notice, which may include a cease-and-desist order and other appropriate measures by the Board of Commissioners or their authorized representatives.
A. 
Any person, partnership or corporation who or which has violated any provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Board of Commissioners or their authorized representatives, pay a judgement of not more than $500, plus all court costs, including reasonable attorneys' fees incurred by the municipality as a result thereof, unless a higher penalty is established under state law. This shall include, but not be limited to, any person, partnership or corporation that accomplishes any act listed under § 192-4, Applicability, without following the applicable procedures of this chapter.
B. 
If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have been only one such violation until the fifth day following the date of the determination of a violation by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation. Imprisonment shall not be authorized as a penalty under this chapter.
C. 
See also the remedies provisions of § 192-13C of this chapter. All fines collected for such violations shall be paid over to the Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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[1] 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
See § 192-30, regarding the requirements for a land development.
This chapter shall become effective five days after adoption by the Board of Commissioners.