CHAPTER 1230
General Provisions and Definitions
1230.01 Short title and effective date.
1230.02 Authority.
1230.03 Purpose.
1230.04 Interpretation.
1230.05 Jurisdiction.
1230.06 Compliance.
1230.07 Applicable codes and regulations.
1230.08 Exceptions.
1230.09 Separability
1230.10 Repealer.
1230.11 Definitions.
1230.99 Penalty.
CROSS REFERENCES:
Authority to enact - see Penna. Mun. Plan. Code, Sec. 501
Jurisdiction of county planning agencies - see Penna. Mun. Plan. Code, Section 502
Contents of subdivision and land development ordinance - see Penna. Mun. Plan Code, Sec. 503
Enactment of subdivision and land development ordinance - see Penna. Mun Plan Code, Sec. 504
Enactment of subdivision and land development ordinance amendment -see Penna.
Mun. Plan Code, Sec. 505
Publication, advertisement and availability of ordinance - see Penna. Mun. Plan.
Code, Sec. 506
Effect of subdivision and land development ordinance - see Penna. Mun. Plan. Code, Sec. 507
Modifications of subdivision requirements - see Penna. Mun. Plan, Code, Sec. 512.1
Fee for subdivision and land development plan re-approval - see P. & Z. 1290.14
1230.01 SHORT TITLE AND EFFECTIVE DATE.
This Title Four of this Planning and Zoning Code shall be known and may be cited as the “Aston Township Subdivision and Land Development Ordinance” and shall be referred to hereinafter as “these Subdivision Regulations” or just “these Regulations.” These Subdivision Regulations shall become effective immediately upon adoption, and shall remain in effect until modified, amended, or rescinded by the Board of Commissioners of Aston Township. (Ord. 668. Passed 10-17-90.)
These Subdivision Regulations are adopted by the Board of Commissioners of the Township of Aston, under authority of Section 501 of the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988. (Ord. 668. Passed 10-17-90.)
These Subdivision Regulations have been established for the following purposes:
(a) To promote, protect and provide for the public safety, health and general welfare of the citizens of Aston Township.
(b) To assure that the layout or arrangement of subdivisions or land developments conforms not only to provisions of these Regulations but also to any applicable ordinance, map, or comprehensive plan of the Township.
(c) To facilitate efficient and adequate transportation, water, sewerage, parks, recreation, and other public requirements and facilities.
(d) To protect social and economic stability and preserve the value of land and improvements in the Township.
(e) To ensure coordination and conformance of subdivision and land development plans with infrastructure improvement plans of the Township, such as traffic circulation, sewer expansion, etc.
(f) To provide a systematic and uniform procedure for reviewing plans to ensure equitable processing of all subdivision and land development proposals.
(g) To promote the interrelationship of land use and building design to facilitate the conservation of natural resources and energy resources.
(h) To stimulate flexibility, economy and ingenuity in the design of subdivisions and land developments and the improvements thereon and to encourage modern development practices of site planning.
(Ord. 668. Passed 10-17-90.)
In interpreting and applying the provisions of these Subdivision Regulations, all requirements, unless specifically stated otherwise, shall be held to be minimums for promoting the purposes set forth in Section 1230.03. Where the provisions of these Subdivision Regulations impose greater restrictions than those of any other statute, ordinance or regulation, the more restrictive regulations shall be controlling. (Ord. 668- Passed 10-17-90.)
These Subdivision Regulations shall apply to all subdivisions and land developments undertaken wholly or partly within Aston Township. (Ord. 668. Passed 10-17-90.)
(a) No subdivision or land development of any lot, tract, or parcel of land shall be made, and no street, sanitary sewer, water main, gas, oil, or electric transmission line, 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 thereon, except in accordance with these Subdivision Regulations. Conveyances, resubdivisions, and reverse subdivisions shall be considered new subdivisions.
(b) No lot in a proposed subdivision or land development may be sold, and no final permit to erect any building in a subdivision or land development may be issued, unless and until a final plan has been approved and recorded and either the required improvements in connection therewith have been constructed or the Township has been assured by means of a letter of credit, corporate bond, or other security acceptable to the Township that the improvement will subsequently be installed.
(c) No building permit or certificate of occupancy shall be issued for any lot which was created by subdivision after the effective date of, and not in compliance with, the provisions of these Subdivision Regulations, and no construction of any public or private improvement shall take place or be commenced except in compliance with these Subdivision Regulations.
(Ord. 668. Passed 10-17-90.)
1230.07 APPLICABLE CODES AND REGULATIONS.
All subdivisions and land developments in Aston Township shall be subject to the following codes and regulations where applicable:
(a) Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended by Act 170 of 1988.
(b) Pennsylvania Department of Environmental Resources (DER) regulations, including but not limited to:
(1) Sewage Facilities
(2) Erosion and Sediment Pollution Control
(3) Stormwater Management
(c) U.S. Army Corps of Engineers wetlands regulations
(d) Pennsylvania Department of Transportation State highway access regulations.
(e) Aston Township ordinances, including, but not limited to, all codified and free-standing ordinances.
(Ord. 668. Passed 10-17-90.)
(a) For subdivisions or land developments where the Board of Commissioners determines that extraordinary hardships or difficulties may result from strict compliance with these Subdivision Regulations, and the purposes of these Regulations may be served to a greater extent by an alternative proposal, the Board of Commissioners may authorize a waiver of the requirements of these Regulations so that substantial justice may be done. Such action shall be consistent with the public interest and with the character of the community.
(b) Exceptions to the provisions of these Regulations may be authorized by the Board of Commissioners in cases where a literal enforcement of these Regulations would hinder site plans plainly showing special economy, imaginative design, or creative use of resources, (Ord. 668. Passed 10-17-90.)
Should any section, subsection, paragraph, clause, or provision of these Subdivision Regulations be declared unconstitutional, invalid, or illegal, such decision shall not affect the validity of these Regulations as a whole or any part thereof other than the part so decided to be unconstitutional, invalid, or illegal. (Ord. 668. Passed 10-17-90.)
2000 Replacement