A.
No land development or subdivision of any lot, tract or parcel of
land shall be made and 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.
B.
The authority for the control and regulation of subdivision and land
development within the Township shall be as follows:
(1)
Approval by the Board of Supervisors. The Board of Supervisors shall
be vested with the authority to approve or disapprove all subdivision
and land development plans.
(2)
Review by the Planning Commission. Plans for subdivision and land
development located within the Township shall be submitted to the
Planning Commission for review and report. Said submission shall take
place before approval of any plans by the Board of Supervisors.
(3)
Review by the County Planning Commission. Plans for subdivision and
land development located within the Township shall be submitted to
the County Planning Commission for review and report. Said submission
shall take place before approval of any plans by the Township. However,
if a report is not received from the County Planning Commission within
30 days after submission, the Township may proceed without the report.
A.
The requirements of this chapter are minimum standards for the protection
and promotion of the public health, safety, and welfare. The regulations
preserve public order and establish interactions among citizens in
a way that prevents a conflict of rights. The regulations ensure the
uninterrupted enjoyment of rights by all of the citizenry by guiding
development and growth and to permit municipalities to minimize such
problems as may presently exist or which may be foreseen.
B.
Modifications should only be granted: to encourage flexibility and
ingenuity in the layout and design of subdivisions and land developments
when meeting the intent and purpose of this chapter, when literal
compliance would be unreasonable, cause undue hardship, or when an
alternative standard is demonstrated to provide equal or better results
and if the modification would not be contrary to the public interest.
(1)
Purpose. The provisions of these regulations are intended as a minimum
standard for the protection of the public health, safety and general
welfare. If the literal compliance with any mandatory provision of
these regulations is demonstrated by the applicant to be unreasonable
and to cause undue hardship because of peculiar conditions pertaining
to the particular property, and if the applicant demonstrates that
an alternative proposal will provide equal or better results, the
Board of Supervisors may grant a modification from such mandatory
provision, so that substantial justice may be done and the public
interest secured while permitting the reasonable utilization of the
property. However, the granting of a modification shall not have the
effect of making null and void the purpose and/or intent of this chapter.
(2)
Procedure. All requests for modifications shall be made in accordance
with the following procedure:
(a)
Application requirements.
[1]
All requests for modifications shall be made in writing and shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, or the alternative standard proposed to provide equal or better results, the provision(s) of this chapter which are requested to be modified, and the minimum modification necessary. The request shall be accompanied by a plan prepared at least to the minimum standards of a sketch plan (see § 160-42).
[2]
Should a revision to a submitted plan require a modification that was not apparent at the time of initial plan submission, the request for a modification shall be submitted in accordance with § 160-22B(2)(a)[1] at the time of resubmission of the plans.
(b)
At a scheduled public meeting, the Planning Commission shall
review the modification request and provide comments to the Board
of Supervisors.
(c)
At a scheduled public meeting, the Board of Supervisors shall
review the comments submitted by the Planning Commission, and the
request to determine if the literal compliance with any mandatory
provision of the chapter is demonstrated by the applicant to exact
undue hardship or to be unreasonable, or that an alternative standard
has been demonstrated to provide equal or better results, provided
that such modification will not be contrary to the public interest
and that the purpose and intent of this chapter is observed. The applicant
shall demonstrate that the alternative proposal represents the minimum
modification necessary. If the Board of Supervisors determines that
the applicant has met his burden, it may grant a modification from
the literal compliance with the terms of this chapter.
(d)
Notification of Township action.
[1]
After the meeting at which the modification was reviewed, written
notice of the Board of Supervisor's action shall be sent to the applicant
and the firm that prepared the plan. The Township may also forward
notice to other persons.
[2]
If the Board of Supervisors denies the request, it will notify
the above individuals, in writing, of the reason for denial. If the
Board of Supervisors grants the request, the notification shall include
a note that identifies the specific modification as granted, including
any conditions to the approval of the modification as set by the Board
of Supervisors.
(3)
Authority to impose conditions. In granting a modification, the Board
of Supervisors may impose such conditions, as will, in its judgment,
secure substantially the objectives of the standards and requirements
of this chapter.
A.
Any person aggrieved by a decision of the Board of Supervisors with
respect to the approval or disapproval of a plan or request for modification
may appeal as provided for in the MPC and other relevant statutes
and rules.
B.
As an alternative to an adjudicatory appeal proceeding, any party
entitled to appeal a decision of the Board of Supervisors may request
mediation as an aid in resolving the dispute. Participation in mediation
shall be wholly voluntary by the parties, and shall be conducted as
prescribed in the MPC.
The Township shall keep an accurate, public record of its findings,
decisions and recommendations relevant to all applications filed with
it for review or approval.
A.
Review fee. Each subdivision or land development plan application
shall be accompanied by the required review fee as established and
adopted by ordinance or resolution of the Board of Supervisors. Fees
shall be payable to the Township at the time of application (unless
otherwise noted herein) and plan processing, approval and recording
shall not be completed until all required fees are paid. There shall
be no refund or credit of fees or a portion of any fee should the
applicant withdraw the plan during the review process or fail to receive
plan approval.
B.
Reimbursement of expenses. Each applicant shall reimburse the Township
for all expenses, including professional fees of the Township Engineer,
Township Solicitor, or other consultants in processing the preliminary
and/or final plans which are submitted or which may be required to
be submitted under this chapter. Applicants shall be required to post
escrow for such reimbursement as established by ordinance or resolution
by the Board of Supervisors. If the escrow fund is not sufficient
to cover these expenses incurred in the review of said plans and supporting
documents and inspection of improvements, the Township shall notify
the applicant. All payment requested by the Township for engineering,
legal or other professional expense shall be the actual cost of the
services incurred by the Township. These services shall be billed
at the normal established rate for engineering or legal services provided
to the Township.
A.
It shall be the duty of the Zoning Officer, Township Engineer, and/or
other such duly authorized representative of the Township, and such
officer is hereby given the power and authority, to enforce the provisions
of this chapter.
B.
The Zoning Officer shall require that the application for a zoning
permit contain all information necessary to enable him to ascertain
whether the proposed building, alteration or use is located in an
approved subdivision or land development. No zoning permit shall be
issued until the Zoning Officer has determined that the site for the
proposed building, alteration or use complies with all the provisions
of this chapter and conforms to the site description as indicated
on the approved and recorded final plan.
A.
Any person, partnership or corporation, or the members of such partnership or the officers of such corporation, who or which being the owner or agent of the owner of any lot, tract or parcel of land, shall: 1) lay out, construct, open and/or dedicate any street, sanitary sewer, storm sewer, water main or other improvement for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon; 2) sell, transfer or agree to enter into an agreement to sell or transfer any land in a subdivision or land development, whether by reference to or by use of a plan of such subdivision or land development or otherwise; 3) erect any building or buildings which constitute a land development thereon; 4) commence site grading or construction of improvements prior to approval of an improvement construction plan or recording of a final plan; 5) fail to comply with any condition imposed upon approval of a preliminary plan or a final plan or any condition imposed upon the granting of any waiver; 6) fail to comply with any agreement with the Township relating to development in accordance with a preliminary plan or a final plan; 7) fail to comply with any note included on an approved preliminary plan or final plan; 8) construct or permit the construction of any improvement or develop or permit the development of any property in a manner which does not fully comply with the approved improvement construction plan or final plan, as applicable; 9) knowingly provide false information on any plan, report, certification or other document required to be submitted by this chapter; or 10) in any other way take action or permit another to take action not authorized by this chapter or contrary to the provisions of this chapter commits a violation of this chapter. Such person shall be subject to all of the penalties and remedies set forth in Article V of the MPC.
B.
In addition to other remedies, the Township may institute and maintain
appropriate actions at law or in equity to restrain, correct or abate
violations of this chapter, to prevent unlawful construction, to recover
damages and/or to prevent illegal occupancy of a building, structure
or premises.
C.
The description by metes and bounds in the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
D.
The Township may further refuse to issue any permit or grant any
approval necessary to further improve or develop any real property
which has been developed or which has resulted from a subdivision
of real property in violation of this chapter. The authority to deny
such permit or approval shall apply to any of the following applicants:
(1)
The owner of record at the time of such violation.
(2)
The vendee or lessee of the owner of record at the time of such violation
without regard to whether such vendee or lessee had actual or constructive
knowledge of the violation.
(3)
The current owner of record who acquired the property subsequent
to the time of the violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
(4)
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual constructive knowledge
of the violation.
E.
As an additional condition for the issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the Township may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real estate.
