It shall be in violation of this chapter for any person to perform
or commence the following without first complying with all applicable
provisions of this chapter:
A. Lay out, construct, open, transfer, and/or dedicate of any street,
sanitary sewer, storm sewer, water main or other improvement for public
use, travel or other purposes, when part of a subdivision or land
development;
B. Sell, transfer or enter into an agreement to sell or transfer any
land in or relating to a subdivision or land development;
C. Construction or erection of any building or structure which constitute
a land development or which otherwise require a land development or
subdivision approval; or
D. Commencement of site grading or site improvements associated with
a land development or subdivision, unless otherwise authorized by
the Township.
The Township may enforce any security posted pursuant to this
chapter for the construction of any required improvements which have
not been constructed or installed in accordance with this chapter,
the improvements agreement, or the conditions of plan approval. If
the balance of the security is insufficient to pay the costs of installation,
repair or correction of the required improvements, the Township may
institute proceedings at law or in equity to recover sums spent or
to otherwise secure the completion of the work.
Township review and approval of a plan or the subsequent observation
and approval of required improvements shall not constitute land development
on behalf of or by the Township or otherwise cause the Township to
be engaged in the process of land development. By submitting an application
under this chapter, the developer hereby agrees to indemnify, defend,
and hold harmless the Township and all its agents, servants, employees,
officials and consultants of and from any and all claims, demands,
causes of action or suits which arise out of or relate to the review,
approval, construction or observation of the developer's plan
and required improvements.
Absent the receipt of a waiver approved by the Township in accordance
with this chapter, the developer shall comply with the requirements
of this chapter, the conditions of plan approval, the improvements
agreement and all applicable laws and regulations. The approval of
a plan or the construction of required improvements in violation of
any of the above does not constitute a waiver or otherwise absolve
the developer of responsibility for full compliance with all of the
requirements relative to a subdivision or land development.
Remedies available to the Township as set forth in this chapter
shall not be deemed to be exclusive and, in addition to such remedies,
the Township shall have available all other appropriate remedies at
law or in equity.
The provisions of this chapter are severable, and should any
article, section, subsection, paragraph, clause, phrase, or provision
of this chapter be declared by a court of competent jurisdiction to
be invalid, such determination shall not affect the validity of this
chapter as a whole or any part or provision thereof, other than the
part so declared to be invalid.
The Subdivision and Land Development Ordinance of the Township
of Dickinson, Ordinance No. 3-1997, as enacted and ordained on July
29, 1997, and as subsequently amended, is hereby repealed in its entirety;
provided, however, that this repeal shall in no manner be construed
as a waiver, release or relinquishment of the right to initiate, pursue,
or prosecute, as the case may be, any proceeding at law or in equity
pertaining to any act done which would have constituted a violation
of the Subdivision and Land Development Ordinance No. 3-1997, as amended.
All provisions of the Subdivision and Land Development Ordinance No.
3-1997, as amended, shall remain in full force and effect, and are
not repealed hereby, as they pertain to such acts, and to the processing
of such plans filed prior to the effective date of this chapter only
to the extent protected from the effect of intervening ordinances
by Section 508(4) of the Pennsylvania Municipalities Planning Code.
This chapter shall become effective five calendar days after
its enactment by the Board of Supervisors of Dickinson Township, County
of Cumberland, Commonwealth of Pennsylvania.