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Subdivision & Land Development

Subdivision and Land Development in Pennsylvania

Introduction

The subdivision and land development ordinance is the most commonly used development control mechanism in Pennsylvania. It is the most basic of land use regulations. Subdivision is the creation of new property lines while land development involves construction of public or private improvements. Land is one of our most valuable natural resources and its division or development creates a major portion of our physical surroundings. Also significant, the way we divide and develop land today will be a very permanent part of our daily lives in the future.

Any valuable resource must be used as reasonably and economically as possible. An important power of local government is to plan for and guide the way we use our land resources. The major purposes of subdivision and land development regulations are: to provide adequate sites for development and public use, to maintain reasonable and acceptable design standards and to coordinate public improvements with private development interests. In an era of decreasing municipal revenues and increasing development pressures, municipalities can use the subdivision and land development process to ensure that initial costs of required site improvements be borne by the property owner and not placed on the municipal budget.

Subdivision and land development controls may be viewed as an “ounce of prevention.” They offer the municipality a degree of protection against unwise, poorly planned development. With the proper ordinance provisions, the community assures placement of public improvements such as road, water, sewer and drainage systems. Further, by requiring review and inspection reports from the municipal engineer, local officials guarantee that public improvements are properly designed and constructed.

A subdivision and land development ordinance does not control which uses are established within the municipality nor where a use or activity can or cannot locate. Rather, it controls how a use or activity relates to the land upon which it is located. This type of ordinance cannot dictate in which area of the municipality that a given residential, commercial or industrial development should be placed. Location, density and use are the province of zoning.

The administration of a subdivision and land development ordinance involves the local planning commission and/or governing body, the developer, solicitor, municipal engineer, development designer and the county planning commission, as well as many others not mentioned. Working together, they all can help to assure a high quality subdivision or land development that will be acceptable to the municipality, to the developer and to the future occupants of the development.

What is Subdivision and Land Development?

The definitions of "subdivision" and "land development" are set forth in the Pennsylvania Municipalities Planning Code (MPC), Act 247 of 1968, as reenacted and amended. These definitions and meanings, in addition to other common and necessary terms, should be used in a local subdivision and land development ordinance. A "subdivision," as defined by the MPC in Section 107, is:

The division or redivision of a lot, tract or parcel of land by any means into two or more lots, tracts, parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development: Provided however, That the subdivision by lease of land for agricultural purposes into parcels of more than ten acres, not involving any new street or easement of access or any residential dwelling shall be exempted.

Land development, as defined in MPC Subsections 107 (1) (2) and (3) is any of the following activities:

(1) The improvement of one lot or two or more contiguous lots, tracts or parcels of land for any purpose involving:

    (i) a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building on a lot or lots regardless of the number of occupants or tenure; or

    (ii) the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, condominiums, building groups or other features.

(2) A subdivision of land.

(3) Development in accordance with Section 503 (1.1).

West Reading Borough Subdivision and Land Development Ordinance

Application fee - Preliminary, Preliminary/Final or Final Approval
  • Land Development Plan - $1,000
  • Revised Land Development Plan - $1,000

From this amount shall be deducted any fees accruing from Borough consultants and/or Borough Solicitor reviews. If at any time during the progression of an application it is determined by the Borough that the balance available is or will be inadequate to fully cover anticipated review costs, the applicant will be notified that an additional deposit is required equal to the first deposit. At the completion of any project, any of these monies remaining on deposit with the Borough, after all fees are deducted, shall be returned to the applicant upon written request.  

A complete submission of the following items are required at least 14 days prior to the regular public monthly Planning Commission meeting:
  • Fourteen copies of application, plans and other required documentation.
  • One electronic copy of plan and all documents or reports in pdf format on CD/DVD.
  • Appropriate application fee.
  • County Land Development & Subdivision Application and applicable fees.

Complete submissions will be formerly accepted for review by the Planning Commission during their regular monthly meeting, at which time the 90-day time period for review will start.