[Added 3-3-1975 by Ord. No. 18A]
A.
Short title. This chapter shall be known and may be
cited as the "Montgomery Township Land Subdivision Ordinance."
B.
Purpose. The purpose of this chapter is to assure
sites suitable for building purposes and human habitation and to provide
for the harmonious development of the Township, for the coordination
of existing streets with proposed streets, parks or other features
of the Township Official Plan of Streets and Alleys, for adequate
open spaces for traffic, recreation, light and air and for the proper
distribution of population, thereby creating conditions favorable
to the health, safety, morals and general welfare of the citizens
of the Township.
The provisions of this chapter shall be held
to be minimum requirements to meet the above-stated purpose. Where
the provisions of this chapter impose greater restrictions than those
of any statute, other ordinance or regulation, the provisions of this
chapter shall prevail. Where the provisions of any statute, other
ordinance or regulation impose greater restrictions than those of
this chapter, the provisions of such statute, ordinance or regulation
shall prevail.[1]
A.
Subdivision of a lot or construction, opening or dedication
of a street. No subdivision of any lot, tract or parcel of land shall
be effected and no street, alley, sanitary sewer, storm drain, water
main 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 strict
accordance with this chapter and the subdivision regulations adopted
hereunder.
B.
Sale of lots, issuance of building permits or erection
of building. No lot in a subdivision may be sold, no permit to erect,
alter or repair any building upon land in a subdivision may be issued
and no building may be erected in a subdivision, as herein defined,
unless and until a subdivision plan has been approved and, where required,
recorded and until the required improvements in connection therewith
from the lot or building to an existing improved street have either
been constructed or the Township has been assured, by means of a proper
completion guaranty in the form of a bond or the deposit of funds
or securities in escrow sufficient to cover the cost of the required
improvements, in accordance with the subdivision regulations enacted
hereunder, that the improvements will subsequently be installed.
C.
In all cases where a building permit or grading permit
is required but no subdivision or land development application and
review is required under the provisions of this chapter, the Township
may require, as a condition to the issuance of the permit, the deposit
of funds in escrow sufficient to cover the estimated cost of repairs
to curbs, sidewalks, street trees, streetlights or other public improvements
caused by the necessity for construction vehicles to access the job
site. The funds held in escrow shall be returned to the applicant
at such time as the Township determines that construction has been
completed and no damage has been caused to any public improvement.
In the event that damage does occur, it shall be the responsibility
of the applicant to pay for the cost of repair regardless of the amount
placed in escrow. If funds remain in the escrow account after the
repairs have been made, then the Township shall return the balance
of the escrow account to the applicant.
[Added 4-19-1993 by Ord. No. 93-9S]
The subdivision regulations adopted hereunder
to carry out the intent and purpose of this chapter shall include
definitions, design standards for streets, alleys, sidewalks, blocks,
lots, recreational areas and community assets, monuments, storm drains,
culverts, bridges, sanitary sewers and other improvement construction
requirements; plan requirements and processing procedures for both
preliminary plan and final plan, including record plan and improvement
construction plan; and conditions of acceptance by the Township of
sanitary sewers, streets and other improvements. Such regulations
shall be prepared and approved by resolution of this Board and, when
so approved, shall have the same force and effect as provisions of
this chapter. Said regulations may be amended, modified or repealed
by resolution of the Board of Supervisors.[1]
[1]
Editor's Note: Original Section 7, Penalty,
which followed this section, was deleted 6-22-1992 by Ord. No. 92-1.
