With a crowd of 25 to 30 people in attendance, Tyrone Township supervisors unanimously approved the new Tyrone Township Subdivision and Land Development Ordinance to replace the existing Subdivision Regulations of the Township of Tyrone.
The new ordinance is scheduled to include: a purpose, disclaimer, definitions, subdivisions regulations governing land development, storm water, plans, procedures for reviewing plans, inspections, financial security for completion of improvements, storm water maintenance fund, review fees, exemptions, remedies to effect improvements, modifications, enforcement remedies, and right of entry.
It will also include: specifications governing plan requirements, roadway drainage improvements, storm water management, lot size and grading, erosion and sedimentation control, water obstructions and encroachments, flood plains, utilities, mobile home parks and monuments.
Larry Clapper told the crowd that when he became township solicitor in January of 2003, he became aware of the problems of the existing subdivision ordinance that was passed back in 1984. The township is currently in litigation with a land developer because of the old subdivision ordinance and was recently threatened with another law suit.
Clapper said the old subdivision ordinance needed to be updated so that the problems could be corrected and the township could be protected from liability issues.
The lot sizes and setbacks are the same in the new ordinance. However, what has changed is the ability to review the plans land developers submit to the township.
The new ordinance binds the land developer contractually to the township in case of any problems, so that the township is not forced to use tax dollars to fix a road problem or storm water problem, etc.
The new ordinance will apply to subdivisions of three lots and over. Land developers will need to provide an 18 month security bond that can be applied to the roadway, waterway, sewer lines, etc., which is another difference from the old ordinance.
Another major difference is that the old ordinance had a review fee of $5 a lot. Since the prices have changed significantly for review fees since 1984, a fee schedule will be enacted with the new ordinance based on the number of lots in the development.
The new ordinance will also address:
• storm water maintenance fund for the township to maintain detention facilities for storm water run off;
• land developer will need to supply the township with a certificate title that says they own the land or have permission from the owner to build;
• only 75 percent of storm water can be released off the properties at a time;
• changing of the old ordinance from violators being prosecuted with a jail term, which Clapper said is unlawful, and instead, collecting a fine of $500 for a violation;
• requirement of a bond of 110 percent from the developer to cover public improvements of the property such as roadways, sewage and water;
• right of entry for township personnel to make sure everything is being done correctly;
• hydrological study if the developer wants to use wells;
• earth disturbance permit requirement and a letter of approval from the Blair County Conservation District;
• plans submitted to the Blair County Planning Commission;
•street names for 911 requirements;
• for a major subdivision of 10 or more homes, two points of access; and
•rights of way for future development.
Clapper said the purpose of the new ordinance is to protect the township and the residents from being charged money because of developers who put in developments and then leave. This new ordinance is a way to prevent litigation, which will prevent the spending of township tax money.
Supervisor Donna Kerlin added that this ordinance was important to be passed immediately because if a developer came in the township tomorrow, there would be no new ordinance to protect the township or the residents. With the new ordinance, the township and residents are protected.
