Chapter 140, SUBDIVISION AND LAND …

1 township of HilltownPC/CodeBook for Windows1 Chapter 140, SUBDIVISION AND land development [HISTORY: Adopted by the Board of Supervisors of the township of Hilltown 12-26-1995 byOrd. No. 95-9. Amendments noted where applicable.] GENERAL REFERENCES Construction codes -- See Ch. 65. Licensing of contractors -- See Ch. 68. Sale of lots within subdivisions -- See Ch. 120, Art. I. Sewers -- See Ch. 124. Stormwater management -- See Ch. 134. Water -- See Ch. 157. Zoning -- See Ch. 160. ARTICLE I, General Provisions 140-1. Title. This Chapter shall be known as the "Hilltown township SUBDIVISION and land DevelopmentOrdinance." 140-2. Purpose. These regulations are adopted for the following purposes: A. To protect and provide for the public health, safety, and general welfare of HilltownTownship.

2 B. To guide the future growth and development of Hilltown township , in accordance with theComprehensive Plan and Act 537 Sewage Facilities Plan of Hilltown township . C. To provide for adequate light, air, privacy; to secure safety from fire, flood, and otherdanger; and to prevent overcrowding of the land and undue congestion of population. D. To protect the character and social and economic stability of Hilltown township and toencourage the orderly and beneficial development of Hilltown township . E. To protect and conserve the value of land throughout Hilltown township and the value ofbuilding(s) and improvements upon the land and to minimize the conflicts among the uses ofTownship of HilltownPC/CodeBook for Windows2land and buildings.

3 F. To guide public and private policy and action in order to provide adequate and efficienttransportation, water supply, sewerage, stormwater management, 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 thecirculation of traffic within Hilltown township having particular regard to the avoidance ofcongestion in the streets and highways, and the pedestrian traffic movements appropriate tothe various uses of land and buildings, and to provide for the proper location and width ofstreets and building lines. H. To establish reasonable standards of design and procedures for SUBDIVISION andresubdivisions, in order to further the orderly layout and use of land ; and to insure properlegal descriptions and monumenting of subdivided land .

4 I. To insure that public facilities are available and will have a sufficient capacity to serve theproposed SUBDIVISION . J. To prevent the pollution of air, streams, lakes, and ponds; to assure the adequacy of drainagefacilities; to safeguard the water table; and to encourage the wise use and management ofnatural resources in order to preserve the community and value of the land . K. To control stormwater in a manner consistent with the Bucks County StormwaterManagement Plan. L. To regulate the SUBDIVISION and/or development of land within any designated floodplaindistrict in order to promote the general health, welfare, and safety of the community. M. To require that each SUBDIVISION lot in flood-prone areas include a safe building site withadequate access; and that public facilities which serve such uses be designed and installed tominimize flood damage.

5 N. To protect individuals from buying lands which are unsuitable for use because of flooding byprohibiting the improper SUBDIVISION and/or development of lands within the designatedfloodplain districts; and which are unsuitable for use because of topography, wetlands, steepslopes, and other environmental features. O. To preserve the natural beauty and topography of Hilltown township and to ensureappropriate development with regard to these natural features. P. To provide for open spaces through efficient design and layout of the land . township of HilltownPC/CodeBook for Windows3 140-3. Applicability. This Chapter shall apply to all SUBDIVISION and land development plans submitted after theeffective date of this Chapter and to all SUBDIVISION and land development plans submitted beforethe effective date of this Chapter which no longer have protection from the effect of changes ingoverning ordinances granted by Section 508(4) of the Pennsylvania Municipalities (1) A.

6 SUBDIVISION control. (1) No SUBDIVISION , as herein defined, of any lot, tract or parcel of land shall be effected andno street, alley, sanitary sewer, storm sewer, water main or other facilities in connectiontherewith, shall be laid out, constructed, opened or dedicated for public use or travel, orfor the common use of occupants of buildings abutting or to abut thereon, except instrict accordance with the provisions of this Chapter . No lot in any SUBDIVISION may besold, and no permit to erect, alter or repair any building upon land in a SUBDIVISION maybe issued and no building may be erected in a SUBDIVISION , unless and until a subdivisionplan has been approved by the Board of Supervisors and recorded in the office of theRecorder of Deeds for Bucks County.

7 (2) There shall be no SUBDIVISION of any lot which has been restricted from furthersubdivision by a note or restriction on a plan or deed recorded at the office of the BucksCounty Recorder of Deeds. B. land development control. (1) land development , as herein defined, must comply with the regulations containedherein. Such compliance shall include but not be limited to the filing of preliminary andfinal plats, the dedication and improvements of rights-of-way, streets and roads, and thepayment of fees and charges as established by resolution of the Board of Supervisors. (2) land development plans shall indicate the location of each structure and clearly defineeach unit and shall indicate public easements, common areas, and improvements, alleasements appurtenant to each unit, and improvements to public are subject to the zoning regulations as they apply to use and densityrequirements, setbacks, parking and other features, and the same shall be indicated onthe land development plan.

8 140-4. Interpretation and conflict. A. Interpretation. In interpreting and applying the provisions of this Chapter , they shall be heldto be the minimum requirements for the promotion of public health, safety, comfort, township of HilltownPC/CodeBook for Windows4convenience, and general welfare. B. Conflict with public and private provisions. (1) Public provisions. Where any provision of this Chapter imposes restrictions differentfrom those imposed by any other provision of this Chapter or any other ordinance, rule,or regulation, or other provisions of law, whether local, state or federal, whicheverprovisions are more restrictive or impose higher standards shall control. (2) Private provisions. This Chapter is not intended to abrogate any easement, covenant ofany other private agreement or restriction, provided that where the provisions of thischapter are more restrictive or impose higher standards or regulations than sucheasement, covenant, or other private agreement or restriction, the requirements of thischapter shall govern.

9 Where the provisions of the easement, covenant or privateagreement or restriction impose duties and obligations more restrictive, or higherstandards than the requirements of these regulations, or the determinations of the Boardof Supervisors in approving a SUBDIVISION or in enforcing this Chapter , and such privateprovision are not inconsistent with this Chapter or determinations thereunder, then suchprivate provisions shall be operative and supplemental to these regulations anddeterminations made thereunder. (3) Municipal liability. The grant of a permit or approval of a plan for any proposedsubdivision and/or land development to be located within any identified floodplain areaor district shall not constitute a representation, guarantee, or warranty of any kind byHilltown township or by any official or employee thereof of the practicability or safetyof the proposed use, and shall create no liability upon Hilltown township , its officials oremployees.

10 ARTICLE II, Definitions and Word Usage 140-5. Word usage. Unless otherwise expressly stated, the following words shall, for the purpose of this Chapter ,have the meaning herein indicated. The present tense shall include the future; the singularnumber shall include the plural; words used in the masculine gender shall include the feminineand the neuter; the word "shall" is always mandatory; the word "may" is always permissive. 140-6. Definitions. township of HilltownPC/CodeBook for Windows5As used in this Chapter , the following terms shall have the meanings indicated: AGRICULTURAL SOILS -- Agricultural soils shall be as recognized and classified in the SoilSurvey of Bucks County, Pennsylvania, Department of Agriculture, National ResourcesConservation Service, May 2004 Update, or as amended: [Amended 5-23-2005 by Ord.]