This chapter shall be known and may be cited as the "Upper Hanover Township Subdivision and Land Development Ordinance of 2004."
This chapter has been enacted in conformance with the provisions of Act 247 of 1968, the Pennsylvania Municipalities Planning Code, as amended.
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter contains regulations that include, but are not limited to, the following:
Provisions for the submittal and processing of plats for subdivisions and land developments, and specifications for such plats, including provisions for preapplication sketch plans, preliminary and final plan processing and approvals and for processing of final approval by stages or sections of development.
Provisions governing the standards by which streets shall be graded and improved and walkways, curbs, gutters, streetlights, fire hydrants, water, sewage, and storm drainage facilities and other improvements shall be installed as conditions precedent to formal approval of plats.
The following are the purposes of this chapter:
To ensure that development within the Township will be orderly, efficient, integrated and harmonious.
To ensure that the layout and arrangement of subdivisions or land developments shall conform to the Upper Perkiomen Valley Regional Comprehensive Plan and to any regulations, maps, studies and reports adopted in furtherance thereof.
To ensure that streets in and bordering a subdivision or land development shall be coordinated and be of such design and in such locations as deemed necessary to accommodate prospective traffic and parking and to facilitate fire protection.
To require adequate, appropriately located, easements or rights-of-way for utilities and storm drainage facilities.
To ensure that any lands offered for dedication or otherwise reserved for use as public or common grounds shall be of suitable size, configuration, and topographical character for their designated uses.
To ensure conformance of subdivision and land development proposals with the availability of municipal services and public facilities, and the coordination of intermunicipal programs.
To preserve lands subject to inundation or flooding from subdivision or land development which would endanger life or property or further aggravate or increase the existing flooding or inundation conditions.
To encourage and promote flexibility, economy and ingenuity in the layout and design of subdivisions and 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.
To provide equitable handling of all subdivision and land development proposals by providing uniform procedures and standards.
To encourage subdivision and 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 siting of buildings.
The provisions of this chapter shall be the minimum requirements to meet the above-stated purposes. Where the provisions of this chapter impose greater restrictions than those of any other statute, ordinance or regulations, then the provisions of this chapter shall prevail. 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.
Subdivision of a lot or construction, opening or dedication of a street. No subdivision or land development of any lot, tract or parcel of land shall be made, and no street, alley, sanitary sewer, storm drain, water main, gas, oil or electric line, or other improvements in connection therewith, shall be laid out, constructed or dedicated for public use or travel, or for the common use of occupants of a building abutting thereon, except in strict accordance with this chapter.
Sale of lots, issuance of building permits or erection of buildings. No lot in a subdivision or land development may be sold, and no permit to erect, alter or repair any building upon land in a subdivision or land development will be issued unless and until a subdivision and/or land development plan has been approved and, where required, recorded, and until the required improvements in connection therewith have either been constructed or guaranteed for construction in the form of a bond, escrow or other means approved by the Board of Supervisors under the advice of the Township Engineer and Solicitor, in accordance with the laws of the Commonwealth of Pennsylvania.
Condominiums. No provision of this chapter shall be construed to prohibit condominium ownership as permitted by the applicable enabling legislation of the Commonwealth of Pennsylvania.
The Board of Supervisors may grant a modification of the requirements of this chapter through a waiver if strict application of these requirements would be unreasonable or cause undue hardship or when an alternative standard can be demonstrated to provide equal or better results, provided that such modification will not be contrary to the public interest and that the purpose and intent of the chapter is observed. All requests for modifications shall:
Be in writing and be part of the application for subdivision and/or land development;
State the grounds and facts of unreasonableness or hardship on which the request is based;
List the provision(s) of the chapter involved;
State the minimum modification necessary;
Be subject to approval by the Board of Supervisors after receiving advisory recommendations from the Township Planning Commission.