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Ordinance No. 1050 an Ordinance of the Township of Ferguson, Centre County, Pennsylvania, Repealing the Code of Ordinances, Chap

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Ordinance No. 1050 an Ordinance of the Township of Ferguson, Centre County, Pennsylvania, Repealing the Code of Ordinances, Chap ORDINANCE NO. ---1050 AN ORDINANCE OF THE TOWNSHIP OF FERGUSON, CENTRE COUNTY, PENNSYLVANIA, REPEALING THE CODE OF ORDINANCES, CHAPTER 22, SUBDIVISION AND LAND DEVELOPMENT AND REPLACING IT WITH A NEW CHAPTER 22, SUBDIVISION AND LAND DEVELOPMENT. The Board of Supervisors of the Township of Ferguson hereby ordains: Section 1 - Chapter 22, Subdivision and Land Development, is hereby repealed and replaced with a new Chapter 22, Subdivision and Land Development attached hereto asExhibit "A". Section 2 -The foregoing Section 1 shall be effectivelyimmediately upon the date of the enactment of this ordinance. Ordained and Enacted this 18th day of November 2019. TOWNSHIP OF FERGUSON By: � Ste�� Chairman Board of Supervisors [SEAL] ATTEST: ',� David G. Pribulka, Secretary PART 1 - GENERAL PROVISIONS Subdivision and Land Development PART 1 GENERAL PROVISIONS §22-101. Short Title. This Chapter shall be known, and may be cited, as the "Township of Ferguson Subdivision and Land Development Regulations" Ordinance No. _____. §22-102. Authority. This Chapter is enacted and ordained under the grant of powers by the General Assembly of the Commonwealth of Pennsylvania, "The Pennsylvania Municipalities Planning Code" Act 247 as reenacted and amended. §22-103. Purpose. This Chapter is enacted for the following purposes: A. Assuring sites suitable for building purposes and human habitation. B. Providing for the harmonious development of the Township so as to be generally consistent with the 2013 Centre Region Comprehensive Plan. C. Coordinating the proposed development with existing development within the Township. D. Encouraging adequate open spaces for proper shared use flow and traffic flows, recreation, light and air and for proper distribution of population, thereby creating conditions favorable to the health, safety, morals and general welfare of the citizens. E. Protecting the character and social and economic stability of the Township and to encourage the orderly and beneficial development of the Township. F. Promoting the desirability of Ferguson Township as a place to live, work and do business through maximum strategic use of vegetation. Vegetation, in particular trees and shrubs, is known to be effective in: mitigating the effects of heat islands by reducing ambient temperature; water filtration and purification; stormwater management; improving air quality; providing habitat for pollinators, birds and wildlife; improving the aesthetics and property values of neighborhoods and commercial developments; and encouraging civic engagement by improving the walkability of transportation corridors. G. Protecting and conserving the value of land throughout the Township, the value of buildings and improvements upon the land and to minimize the conflicts among the uses of land and buildings. H. Guiding public and private policy and action in order to provide adequate and efficient transportation, water supply, sewage, schools, parks, playgrounds, recreation and other public requirements and facilities. I. Providing 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 providing for the proper location and width of streets and building lines. 1 Ferguson Township J. Establishing reasonable standards of design and procedures for subdivision and re-subdivision in order to further the orderly layout and use and/or reuse of land; and insuring proper legal descriptions and monumenting of subdivided land. K. Promoting and fostering the community development goals and objectives including quality infill, redevelopment and/or adaptive reuse. L. Ensuring that public facilities are available and will have a sufficient capacity to serve the proposed subdivision. M. Preventing the pollution of air, streams and ponds; assuring the adequacy of drainage facilities; safeguarding the water table; and encouraging the wise use and management of natural resources in order to preserve the community and value of the land. N. Preserving the natural characteristics and topography of the Township and ensuring appropriate development with regard to these natural features. O. Providing for open spaces through efficient design and layout of the land. P. Ensuring that documents prepared as part of land ownership transfer fully and accurately describe the parcel of land being subdivided and new parcels thus created. §22-104. Establishment of Controls. In their interpretation and application, the regulations set by this Chapter shall be held to be the minimum requirements adopted for the promotion of the purposes of this Chapter. A. Types of Control. This Chapter contains regulations governing the following: submission procedures for the review and disposition of subdivision and land development plans; graphic and written information to be contained on, or filed with, such plans; and, regulations governing the design and installation of required improvements, the layout and arrangement of lots and blocks, the reservation of land for public use, and methods of handling storm drainage and erosion and sedimentation. B. New Subdivisions and Land Developments. No subdivision or land development of any lot, tract, or parcel of land shall be made, no street, sanitary sewer, storm sewer, water main, or other improvements 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 the provisions of this Chapter. This Chapter shall apply to all plans submitted for initial approval of a subdivision or land development after the date of enactment of this Chapter. C. Existing Subdivisions and Land Developments. 1. Any preliminary plan approved within 5 years prior to the date of enactment of this Chapter shall be entitled to final plan approval, within 5 years of the date of approval of the said preliminary plan, according to the terms of said plan. 2. Any plan submitted for preliminary plan approval prior to the date of enactment of this Chapter shall be reviewed under the terms of the prior enacted Township Subdivision and Land Development Ordinance. 2 PART 1 - GENERAL PROVISIONS Subdivision and Land Development 3. This Chapter shall apply to any subdivision or land development which occurred without obtaining approval required under this or previous subdivision ordinances of this municipality. 4. The provisions of this Chapter governing the design and installation of improvements shall apply to any unbuilt portion of a subdivision or land development for which a preliminary or final plan was approved more than 5 years prior to the date of the enactment of this Chapter. Where final plan approval was preceded by preliminary plan approval, the 5-year period shall be counted from the date of the preliminary plan approval. D. Relationship with Other Restrictions. 1. The provisions of this Chapter are not intended to interfere with, abrogate, or annul other rules, regulations, or ordinances, provided that where this Chapter imposes a greater restriction than that imposed by such other rules, easements, covenants, restrictions, regulations, or ordinances, the provisions of this Chapter shall control, except that: 2. For any development governed by Ord. ___, "The Township of Ferguson Planned Residential Development Ordinance," where a provision of this Chapter conflicts with a provision or provisions of Ord. ___, the provisions(s) of Ord. ___ shall control. E. Exceptions. This Chapter shall not apply to any subdivision or land development exempted by the Pennsylvania Municipalities Planning Code or other laws of the Commonwealth of Pennsylvania, or to the design and installation of improvements for developments governed by Ord. 46, "The Township of Ferguson Mobile Home Park Ordinance," or to property wholly or partially owned and/or controlled by the Township of Ferguson. §22-105. Modifications and Waivers. A. Where the Applicant shows to the satisfaction of the Township that the literal compliance with any mandatory provision of these regulations and causes undue hardship to the Applicant because of peculiar conditions pertaining to the particular property, the Township may grant a modification or waiver to one or more provisions of this Chapter. Such modification and/or waiver, however, shall not have the effect of nullifying the intent and/or purpose of this Chapter. B. In granting any modification and/or waiver, the Township may impose such conditions as will substantially secure the objectives of the standards and requirements of this Chapter. C. All requests for modifications and/or waiver of any standard and/or requirement contained in this Chapter shall be made in accordance with the following procedure: 1. The request shall be made in writing and shall accompany the application form as provided by the Township of Ferguson. The request shall include: a) A full description of the unreasonableness or hardship on which the request is based, and any, peculiar circumstances. b) A full description of the alternative standard proposed to provide equal or better results. c) The section(s) of this Chapter that are requested to be modified and the minimum modification necessary to relieve the hardship. 3 Ferguson Township 2. The request shall be reviewed by the Planning Commission to determine compliance with the
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