[Ord. 2002-05-02, 5/20/2002, § 100]
This chapter shall be known and shall be cited as the "New Britain
Township Subdivision and Land Development Ordinance of 2002, as amended."
[Ord. 2002-05-02, 5/20/2002, § 101]
This chapter has been enacted in conformance with the provisions
of the Pennsylvania Municipalities Planning Code, Act No. 247 of 1968
as reenacted and amended by Act No. 170 of 1988, Act No. 209 of 1990,
Act No. 131 of 1992, Act No. 38 of 1994, Act No. 165 of 1996, Act
No. 97 of 1998, Act No. 10 of 1999, Act No. 67 of 2000, and Act No.
68 of 2000; Act No. 167, the Stormwater Management Act of 1978; and
the authority granted to the Township under the Second Class Township
Code. This chapter has been adopted by the Board on May 20, 2002.
[Ord. 2002-05-02, 5/20/2002, § 102]
This chapter contains regulations that include, but are not
limited to, plan submission and processing requirements; certification
as to accuracy of plans; design standards; engineering standards;
provisions for the development and public dedication of various physical
improvements, including land for recreation purposes; standards for
the development of mobile home parks.
[Ord. 2002-05-02, 5/20/2002, § 103]
1.
The following are the purposes of this chapter:
A.
To protect and provide for the public health, safety and welfare
of New Britain Township.
B.
To guide the future growth and development of New Britain Township in accordance with the adopted Comprehensive Plan, Zoning Ordinance [Chapter 27], Sewage Facilities Plan and Open Space Plan.
C.
To provide for adequate light, air quality and privacy, to secure
safety from fire, flood and other danger and to prevent overcrowding
of land and congestion of population.
D.
To protect the character and economic viability of all parts of the
Township.
E.
To encourage the orderly and beneficial development of the community
through appropriate growth management techniques, including assuring
the appropriate timing and sequencing of development and requiring
the necessary infrastructure.
F.
To protect and conserve the value of land throughout the Township
and the value of buildings and improvements upon the land.
G.
To guide public policy in order to provide adequate and efficient
transportation, water supply, sewage facilities, storm drainage facilities,
recreation areas and other public improvements and facilities.
H.
To ensure that any lands offered for dedication or otherwise reserved
for use as public or common grounds shall be of suitable location,
size, configuration and character for their designated uses.
I.
To provide the beneficial relationship between the uses of land and
buildings and the circulation of traffic throughout the Township,
in particular to avoid vehicular congestion and hazards, and to promote
pedestrian circulation appropriate to the various uses of land and
buildings.
J.
To ensure that public facilities and services are available concurrent
with development and will have a sufficient capacity to serve the
proposed subdivision and/or land development.
K.
To secure economic local government expenditures and ensure that
the Township will be required to bear no more than its fair share
of the costs of providing the services required by the development.
L.
To ensure the proper legal descriptions, public records and monumentation
of subdivided and/or developed land.
M.
To encourage and promote economic efficiencies and ingenuity in the
layout and design of subdivisions and/or 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.
N.
To provide equitable and timely handling of subdivision and/or land
development proposals by providing uniform procedures and standards.
O.
To encourage subdivision and/or 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 the layout of the proposal and the location of buildings.
P.
To prevent the pollution of air, surface water and groundwater and
protect the quality of land.
Q.
To protect environmentally critical areas and to encourage the use
of natural resources throughout the Township in order to preserve
the integrity and beauty of the community and the value of the land.
R.
To accomplish coordinated development that is compatible with the
existing developed portions of the Township.
S.
To provide for the buffering of certain types of land uses to minimize
their impact upon their surroundings.
[Ord. 2002-05-02, 5/20/2002, § 104]
1.
The provisions of this chapter shall be the minimum requirements
to meet the above-stated purposes.
2.
Where the provisions of this chapter impose greater restrictions
than those of any other statute, ordinance or regulations, including
those of the Township, state and federal governments and other agencies,
then the provisions of this chapter shall prevail.
3.
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.
4.
No portion of this chapter grants any form of relief from any state
or federal statute unless specifically granted by such statute.
[Ord. 2002-05-02, 5/20/2002, § 105]
1.
The Board shall, with the recommendation of the Township Planning
Commission, review and act on all subdivision and/or land development
plans as defined in this chapter for projects that are located in
whole or in part in the Township.
A.
Subdivision and Land Development. No subdivision and/or land development of any lot, tract or parcel of land as defined in Part 2 shall be made and no street, road, alley, sanitary sewer, stormwater facility, water main, gas, oil or electric line or other improvements in connection with the subdivision and/or land development shall be laid out, constructed or dedicated for public use or for the common use of occupants of an abutting building, except in accordance with this chapter.
B.
Sale of Lots, Issuance of Building Permits or Erection of Buildings.
No lot in a subdivision and/or land development may be sold and no
permit to erect, alter or repair any structure upon land in a subdivision
and/or land development will be issued unless and until the following
conditions have been met:
(1)
A subdivision and/or land development plan has been approved
by the Township and has been recorded by the Bucks County Recorder
of Deeds according to this chapter; and
(2)
The required improvements in connection with the subdivision
and/or land development have been either constructed or guaranteed
for construction in the form of security as approved by the Board
upon the advice of the Township Engineer and Solicitor, in accordance
with the laws of the commonwealth.
C.
Condominiums. No provision of this chapter shall be construed to
prohibit condominium ownership as permitted by Uniform Condominium
Act.
D.
Restrictions of Record. There shall be no subdivision of any lot
which has been restricted from further subdivision by a note or restriction
of a plan or deed recorded at the office of the Bucks County Recorder
of Deeds.
[Ord. 2002-05-02, 5/20/2002, § 106]
1.
Conflict with Public and Private Provisions.
A.
Public Provisions. Where any provisions of this chapter impose restrictions
different from those imposed by any other provision of this chapter
or any other ordinance, rule, or regulation, other provision of law,
whether local, state or federal, whichever provisions are more restrictive
or impose higher standards, shall control.
B.
Private Provisions. This chapter is not intended to abrogate any
easement, covenant or any other private agreement or restriction,
provided that where the provisions of this chapter are more restrictive
or impose higher standards or regulations, than such easement, covenant
or other private agreement or restriction, the requirements of this
chapter shall govern. Where the provisions of the easement, covenant
or private agreement or restriction impose duties and obligations
more restrictive, or higher standards than the requirements of these
regulations, or the determinations of the Board of Supervisors in
approving a subdivision or land development, or in enforcing this
chapter, and such private provisions are not inconsistent with this
chapter or determinations thereunder, then such private provisions
shall be operative and supplemental to these regulations and determinations.
2.
Municipal Liability.
A.
The grant of a permit or approval of a plan for any proposed subdivision
and/or land development to be located within any identified floodplain
area or district shall not constitute a representation guarantee or
warranty of any kind by New Britain Township or by any official or
employee of the Township of the practicality or safety of the proposed
use and shall create no liability upon New Britain Township, its officials
or employees.
B.
All applicants are advised to review the terms and provisions of
this chapter in advance of any application or to engage competent
engineering or other professional advice to review the terms and conditions
of this chapter prior to application of any plan of subdivision and/or
land development.
