SHORT TITLE, PURPOSE, AUTHORITY, APPLICATION AND INTERPRETATION
§101. SHORT TITLE.
This Chapter shall be known as the “Hampden Township Land Development Ordinance.”
(Ord. 95-1, 2/2/1995, §101)
1. These regulations are adopted for the following purposes:
A. To protect and provide for the public health, safety and general welfare of the Township.
B. To guide the future growth and development of the Township, in accordance with the comprehensive plan and to coordinate with existing and proposed developments of contiguous municipalities, where appropriate.
C. To provide for adequate light, air and privacy; to secure safety from fire, flood and other danger; and to prevent overcrowding of the land and undue congestion of population and vehicular traffic.
D. To protect the character and social and economic stability of the Township and to encourage the orderly and beneficial development of the Township.
E. To protect and conserve the value of land throughout the Township and the value of buildings and improvements upon the land and to minimize the conflicts among the uses of land and buildings.
F. To guide public and private policy and action in order to provide adequate and efficient transportation, water supply, sewerage, schools, parks, playgrounds, recreation and other public requirements and facilities.
G. To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic within the Township, having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines.
H. To establish reasonable standards of design and procedures for subdivision and resubdivision, in order to further the orderly layout and use of land; and to insure proper legal descriptions and monumenting of subdivided land.
I. To insure that public facilities are available and will have a sufficient capacity to serve the proposed subdivision.
J. To prevent the pollution of air, streams and ponds; to assure the adequacy of drainage facilities; to safeguard the water table; and to encourage the wise use and management of natural resources in order to preserve the community and value of the land.
K. To preserve the natural beauty and topography of the Township and to ensure appropriate development with regard to these natural features.
L. To provide for open spaces through efficient design and layout of the land.
M. To ensure that documents prepared as part of a land ownership transfer fully and accurately describe the parcel of land being subdivided and the new parcels thus created.
(Ord. 95-1, 2/2/1995, §102)
1. Authority of the Board of Township Commissioners. The Board of Township Commissioners of Hampden Township is vested by law with the control of the subdivision of land and land development within the Township by Act 247 of 1968, the Pennsylvania Municipalities Planning Code, as amended, by Act 170 of 1988. The Township Commissioners shall retain the authority to approve all land development plans as required herein.
2. Authority of the Hampden Township Planning Commission. The Planning Commission is hereby designated by the Board of Township Commissioners as an agency which shall review and make recommendations on preliminary and final land development plans as required herein, prior to action by the Township Commissioners and, when provided by ordinance, make other recommendations.
(Ord. 95-1, 2/2/1995, §103)
§104. APPLICATION OF REGULATIONS.
1. Land Development Control.
A. Land development, as herein defined, must comply with the regulations contained herein. Such compliance shall include, but not be limited to, the filing of preliminary and final plats; the execution of a developer’s agreement; submission of required improvement guarantees; the dedication and improvement of rights‑of‑way, streets and roads; and the payment of fees and charges as established by the Township Commissioners.
B. Land development plans shall indicate the location of each structure and clearly define each unit and shall indicate public easements, common areas and improvements, all easements appurtenant to each unit and improvements to public rights‑of‑way. Developments are subject to the zoning regulations as they apply to use and density requirements, setbacks, parking and other features and shall be indicated on the land development plans.
C. No subdivision, as herein defined, of any lot, tract or parcel of land shall be effected and no street, alley, sanitary sewer, storm sewer, water main or other facilities in connection therewith, shall be laid out, constructed, opened or dedicated for public use or travel or for the common use of occupants of buildings abutting or to abut thereon, except in strict accordance with the provisions of this Chapter. No lot in any subdivision may be sold and no permit to erect, alter or repair any building upon land in a subdivision may be issued, and no site improvements shall be constructed; and no building may be erected in a subdivision, unless and until a subdivision plan has been approved and recorded and a developer’s agreement executed; and until the improvements required by the Board of Township Commissioners in connection therewith have either been constructed or guaranteed as herein provided in §612.
(Ord. 95-1, 2/2/1995, §104)
§105. INTERPRETATION AND CONFLICTS.
A. In interpreting and applying the provisions of this Chapter, these shall be minimum requirements for the promotion of public health, safety, comfort, convenience and general welfare.
B. Conflict with Public and Private Provisions.
(1) Public Provisions. Where any provision of this Chapter imposes restrictions different from those imposed by any other provision of this Chapter or any other ordinance, rule or regulation or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
(2) 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 impose higher standards than the requirements of these regulations or the determinations of the Township Commissioners in approving a land development or in enforcing this Chapter and where 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 made thereunder.
(Ord. 95-1, 2/2/1995, §105)