This chapter shall be known as the "Potter Township Subdivision
and Land Development Ordinance."
This chapter is adopted to help protect and promote the health,
safety, and general welfare of the residents of the Township and for
the following additional purposes:
A.
To assure sites suitable for building purposes, human habitation
and livelihood.
B.
To provide for harmonious, orderly, efficient and integrated development
of Potter Township.
C.
To assure new development will be coordinated with existing Township
development.
D.
To provide for adequate easements and rights-of-way for drainage
and utilities.
E.
To accommodate prospective traffic, facilitate fire protection and
make such provisions as are necessary for public safety and convenience.
F.
To make provisions for appropriate standards for streets, storm sewers,
sanitary sewers, water facilities, curbs, gutters, and such other
improvements as shall be considered needed by the Township.
G.
To promote sound layout and design for subdivisions and land developments.
H.
To secure equitable handling of all subdivision plans by providing
uniform procedures and standards.
I.
To implement the Potter Township Comprehensive Plan.
The Township of Potter is vested by law with the jurisdiction and control of the subdivision of land, mobile home parks and land development located within the Township in accordance with the powers granted by Article V of the Pennsylvania Municipalities Planning Code.[1] In this chapter, required submissions will first be reviewed
for recommendation by the Township Planning Commission, while the
power to approve or deny rests with the Board of Township Supervisors.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
Plans for subdivisions, mobile home parks and land development
within the Township shall be submitted to, and approved by, the Township
before they may be recorded. Such approval is in addition to, and
does not supersede, those required by other ordinances, resolutions,
or regulations of the Township. Developers should also refer to the
Township of Potter Zoning Ordinance,[1] Floodplain Regulations,[2] as well as other Township and county development regulations.
Please note that the description by metes and bounds in the instrument
of property transfer does not exempt the seller or transferor from
the penalties or remedies provided herein or contained in the Pennsylvania
Municipalities Planning Code.
The provisions within this chapter are designed to fulfill the purposes cited in § 185-2. The degree of protection sought by the conditions and requirements of this chapter for the present and future residents and landowners in the Township is considered reasonable for regulatory purposes. This chapter does not imply that compliance with the minimum requirements for subdivisions, mobile home parks, or land developments will render such subdivision, mobile home parks, or land development free from inconveniences, conflicts, danger, or damages. Therefore, this chapter shall not create liability on the part of the individual members of the Board of Supervisors, the Township of Potter Planning Commission, or any officer, appointee, or employee of Potter Township for any damages that may result from reliance on this chapter or any administrative decision lawfully made thereunder.
A.
Minor subdivision: the division of any lot, parcel, or tract of land
or parts thereof into three or fewer lots, parcels or tracts, plus
the residual parcel, which includes no extension of public sewer and
water lines, streets, or other public improvements. The application
may be classified as a minor subdivision or minor land development,
provided that all of the following criteria are met:
(1)
The proposal does not involve the extension of any public facilities,
including:
(2)
The proposal does not conflict with the Township Comprehensive Plan.
(3)
If a subdivision contains not more than three lots, sites or other
divisions of land, plus a residual parcel, and such subdivision or
land development meets criteria as stated above, then it is a minor
subdivision. The applicants will indicate if this is a minor or major
subdivision on their application.
B.
Major subdivision: any subdivision that does not qualify as a minor
subdivision.
C.
Mobile home park: shall be considered a parcel (or contiguous parcels
which have been consolidated) of land which has been so designated
and improved that it can accommodate two or more mobile home lots
for the placement thereon of mobile homes.
A.
If any section, clause, paragraph, regulation or provision of this
chapter is found invalid by a court of law, such judgment shall not
affect, impair, invalidate, or nullify the remaining sections, clauses,
paragraphs, regulations, or provisions.
B.
All ordinances or parts of ordinances or regulations in conflict
with this chapter or inconsistent with its provisions are hereby repealed
to the extent necessary to give this chapter full force and effect.
However, where another ordinance, law or regulation imposes a higher
standard in a particular regulation, that standard shall supersede
this chapter in that particular instance only.
C.
Approval of any subdivision plan or land development only constitutes
conformity with the specifications and regulations set forth in this
chapter.
A.
No plan of a subdivision or land development proposed within Potter
Township shall be recorded in any public office unless or until that
plan has been approved by the Board of Supervisors and shall bear
the proper certification of such action.
B.
It shall be unlawful for any person to sell, trade or otherwise convey
or offer to sell, including an agreement of sale, trade, or otherwise
convey any lot, parcel, or tract of land as part of, or in conformity
with, any plan, plat, or lot line revision of any subdivision or land
development unless and until said plan, plat, lot line revision, or
land development shall have been first recorded in the office of the
Beaver County Recorder of Deeds.
C.
No lot in a subdivision shall be sold; no permit to erect, alter
or repair any building upon land in a subdivision shall be issued;
and no building shall be erected in a subdivision, unless and until
a subdivision plan has been approved and recorded, and until the improvements
required by the Township Board of Supervisors in connection therewith
have either been constructed or guaranteed as hereinafter provided.
D.
No subdivision of any lot, tract or parcel of land shall be effected
and no street, sanitary sewer, storm sewer, water main or other facilities
in connection therewith shall be constructed, opened or dedicated
for public use or travel, or for the common use of occupants of buildings
abutting thereon, except in strict accordance with the provisions
of this chapter.
This chapter shall become effective immediately upon adoption
and shall remain in effect until modified or rescinded by the Township.
This chapter shall supersede, rescind and replace all other conflicting
regulations issued by the Township previous to the approval date of
this chapter, specifically Ordinance 23 of 1972.
The Board of Supervisors shall appoint a subdivision administrator.
All applications and correspondence shall be directed to the subdivision
administrator, and the administrator shall be responsible for all
communications from the Township to the applicant, including notices
of approval, disapproval, and conditional approval.
The Township shall record all subdivisions, site plans, land
development plans, or mobile home park plans, as required by this
chapter.
