Township of Springfield, PA Article I General Provisions

§ 123-1 Title.

This chapter shall be known and may be cited as the "Springfield Township Subdivision and Land Development Ordinance of 1987.

§ 123-2 Purpose.

This chapter is enacted for purposes which are to provide for and accomplish the following:

A. To assist in the harmonious, orderly, efficient and integrated development of Springfield Township.

B. To ensure that the arrangement and design of subdivisions and land development conforms to the Comprehensive Plan, the Official Sewage Facilities Plan, Chapter 143, Zoning, of the Code of the Township of Springfield and all other ordinances, codes, regulations, plans and maps adopted in furtherance thereof.

C. To promote and protect the health, safety and welfare of the Township.

D. To assure sites suitable for building purposes and human habitation and use.

E. To facilitate and accommodate prospective pedestrian and vehicular movement, fire protection and the rendition of other essential services through a coordinated system and design of streets.

F. To ensure the coordination and conformity of subdivision and land development plans with the public improvement plans of the Township regarding such facilities as streets, sewers and other facilities and improvements.

G. To establish a uniform and equitable procedure for the review and processing of subdivision and/or land development plans.

H. To establish standards to ensure that developments are environmentally sound by requiring preservation of existing natural features to the greatest possible extent in areas affected through excavation, construction or other land development activities.

I. To establish minimum standards for the design and construction of improvements which aid in the use and enjoyment of land, such as streets, sidewalks, adequate drainage and water and sewage facilities; and which would aid in precluding adverse environmental effects, such as sedimentation, soil erosion, flooding, deforestation and water pollution.

§ 123-3 Interpretation.

The provisions of this chapter shall be deemed to be minimum requirements necessary to meet the foregoing purposes. However, when interpreting such requirements, the following shall be noted:

A. Where, owing to special or unique conditions, the life, health, safety or property of persons may be menaced or jeopardized by the application of any of the requirements of this chapter, more stringent or restrictive requirements necessary to eliminate or alleviate such menace or jeopardy may be applied or imposed by the Board of Commissioners.

B. Where, owing to special or unique conditions, reasonable exceptions to the provisions of this chapter may be made by the Board of Commissioners, as will not be contrary to the foregoing purposes, or to the public interest, upon the recommendation of the Planning Commission.

C. Where the provisions of this chapter impose more stringent requirements than those of any statute, ordinance or regulation, the provisions of this chapter shall prevail; where the provisions of any statute, ordinance, code or regulation impose more stringent requirements than those of this chapter, such statute, ordinance, code or regulation shall prevail.

D. Where it is desirable to effect economy and ingenuity in the layout of subdivisions and land developments and to protect sensitive natural areas, modifications of plan requirements may be made in accordance with the guidelines set forth in § 123-54.

§ 123-4 Authority to regulate.

In accordance with Article V, Section 501, of the Pennsylvania Municipalities Planning Code, Act 247,[1] as amended, the Springfield Township Board of Commissioners shall have the authority to regulate subdivision and/or land development within the Township by enacting this chapter. Through such authority, the following shall apply:

A. No subdivision, resubdivision or land development of any lot, tract or parcel of land within the Township shall be made, and no street, alley, sanitary sewer, capped sewer, storm sewer, water main, or other such facilities in connection therewith, or other improvements of any kind, shall be laid out, constructed, opened or dedicated for public use or travel, or for the common use of occupants of buildings abutting thereon, except in accordance with the provisions of this chapter, Chapter 143, Zoning, of the Code of the Township of Springfield, as amended, and all other Township ordinances, codes, regulations, plans and maps.

B. No lot in a subdivision may be sold, no permit to erect, alter or add to any building or other structure or portion thereof upon land in a subdivision or land development may be issued, and no building may be erected in a subdivision or land development unless and until a subdivision and/or land development plan, filed in accordance with this chapter, has been approved and, where required, recorded, unless and until the required improvements in connection therewith, along, upon or through the lot or lots to be sold or built upon and to an existing improved street, have been constructed and approved, or, in lieu thereof, the Township has been assured of the completion of such construction, and the maintenance thereof, by means of a completion and maintenance guaranty in the form of a bond or other security sufficient to cover the cost of the required improvements and their maintenance as set forth in Article VI of this chapter.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

§ 123-5 Board of Commissioners to have jurisdiction; agencies designated.

A. The Board of Commissioners shall have jurisdiction of subdivision and land development within the Township. In order that the actions of the Board of Commissioners under this chapter may be correlated with all relevant data and procedures, the Board of Commissioners hereby designates the Springfield Township Planning Commission as the agency to which the following responsibilities are assigned:

(1) To review, upon filing with the Township Manager, all applications for either preliminary or final approval of subdivision and/or land development plans.

(2) To engage in preliminary consultations with the applicant relating to such plans.

(3) To make recommendations to the Board of Commissioners concerning approval, disapproval, modification and conditions of approval of such plans.

(4) To make recommendations to the Board of Commissioners concerning the rationale for the granting of modifications to the provisions, requirements and standards of this chapter.

B. The Board of Commissioners hereby designates the Springfield Township Manager as the person to determine whether or not any preliminary or final plan submissions are complete and acceptable to the Township for the purpose of establishing the date of filing.

(1) The Township shall, within seven business days, inspect such submission to see if the following have been submitted:

[Amended 9-12-1989 by Ord. No. 1211]

(a) The required application form and filing fee.[1]

[1] Editor's Note: See § 123-57, Application fees.

(b) The required number of copies.

(c) The required types of plans, reports and other papers.

(2) In the event that the submission is found to be incomplete, the Township Secretary shall notify the applicant and inform the applicant that the date of filing will not be effective until all required forms, fees, types and copies of plans and papers are submitted.

§ 123-6 Repealer.

All other ordinances or parts of ordinances inconsistent herewith are hereby repealed.

§ 123-7 Severability.

The provisions of this chapter are severable, and if any article, section, subsection, clause, sentence or part thereof shall be held or declared illegal, invalid or unconstitutional by any court of competent jurisdiction, the decision shall not affect or impair any of the remaining articles, sections, subsections, clauses, sentences or parts thereof of this chapter. It is hereby declared to be the intent of the Board of Commissioners that this chapter would have been adopted if such illegal, invalid or unconstitutional article, section, subsection, clause, sentence or part thereof had not been included herein.