This chapter shall be known as the "Allegheny Township Subdivision
and Land Development Ordinance."
The purpose of this chapter establishing the Allegheny Township
Subdivision and Land Development Regulations is to promote efficient,
logical, orderly and compatible future development of the Township
of Allegheny. This chapter includes consideration for open spaces,
for preservation of the natural beauty and the topography of the Township
and for the prevention of pollution of air, streams and ponds. This
chapter promotes the health, safety and general welfare of the Township
and, finally, ensures the integration of all subdivision plans into
the overall elements of the Comprehensive Plan for Allegheny Township.
The Allegheny Township Planning Commission shall have authority
to review applications for and recommend decisions on subdivision
of land located within the Township limits, subject to the approval
of the Allegheny Township Board of Supervisors. Every plan, plot and
replot of land laid out in building lots and the streets, highways,
alleys, or other portions of the same intended to be dedicated to
public use or use by purchasers or owners of lots located within the
Township limits, shall be submitted to the Allegheny Township Planning
Commission for review, subject to final approval or disapproval by
the Allegheny Township Board of Supervisors, before the same shall
be recorded.
A.
Subdivision and land development control.
(1)
No subdivision or land development, as herein defined, of any lot, tract or parcel of land shall be effected and no street, alley, sanitary sewer, storm sewer, water main nor 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 to or about thereon, except in strict accordance with the provisions of this chapter. No lot in any subdivision may be sold and 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 unless and until a subdivision plan has been approved and recorded and until the improvements required in connection therewith have either been constructed or guaranteed as herein provided in § 223-45.
(2)
Subdivision and land development, as herein defined, must comply
with the regulations contained herein. Such compliance shall include,
but not be limited to, the filing of preliminary and final plats,
the dedication and improvement of rights-of-way, streets and roads
and the payment of fees and charges as established by resolution of
the Board of Supervisors.
(3)
Subdivision and land development plans shall indicate the location
of public easements, common areas and improvements, all easements
appurtenant to each unit, and improvements to public rights-of-way.
Developments are subject to the Allegheny Township Zoning Ordinance[1] as it applies to use and density requirements, setbacks,
parking and other features and shall be indicated on the land development
plans.
B.
It is stated Township policy to review development in one proceeding when possible. Therefore, when Township ordinances require a grading permit, the application for a grading permit (other than for a single residential lot) shall be a land development application as required by this chapter, but limited to compliance with §§ 223-19, 223-26, 223-27, 223-32 and 223-33.
A.
Interpretation. In interpreting and applying the provisions of this
chapter, they shall be held to be minimum requirements for the promotion
of public health, safety, comfort, convenience and general welfare.
B.
Conflict with public and private provisions.
(1)
Public provisions. Where any provision of this chapter imposes restrictions
different from those imposed by any other provision of this chapter
or any other ordinance, rule or regulation or other provision of law,
whichever provisions are more restrictive or impose higher standards
shall control.
(2)
Private provisions. This chapter is not intended to abrogate any
easement, covenant or any other private agreement or restriction,
provided that where the provisions of this chapter are more restrictive
or impose higher standards or regulations than such easement, covenant
or other private agreement or restriction, the requirements of this
chapter shall govern. Where provisions of the easement, covenant or
private agreement or restriction impose duties and obligations more
restrictive or impose higher standards than the requirements of these
regulations or the determinations of the Planning Commission in approving
a subdivision or in enforcing this chapter and such private provisions
are not inconsistent with this chapter or determinations thereunder,
then such private provisions shall be operative and supplemental to
these regulations and determinations made thereunder.
A.
The Board of Supervisors may grant a modification of the requirements
of one or more provisions of this chapter if the literal enforcement
will exact undue hardship because of peculiar conditions of the land
in question, provided that such modification will not be contrary
to the public interest and that the purpose and intent of this chapter
are observed.
B.
All requests for modification shall be in writing and shall accompany
and be on the application for development. The request shall state
in full the grounds and facts of unreasonableness or hardship on which
the request is based, the provision or provisions of this chapter
involved and the minimum modification necessary.
C.
The request for modification shall be referred to the Board of Supervisors
for review and decision.
D.
The Board of Supervisors shall keep a written record of all action
on all requests for modifications.
E.
No modification shall be granted except after a public meeting by
the Board of Supervisors.
G.
Any grant of modification under this section or a variance by the
Zoning Hearing Board shall be noted in the final plan.
A.
In addition to other remedies, the Township may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building, structure or premises.
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 transferrer from such penalties or
from the remedies herein provided.
B.
The Township may 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. This authority to deny such a 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 as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
(3)
The current owner of record, or a 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 current owner had actual
or constructive knowledge of the violation.
C.
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owners, vendees or lessees
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 property.
A.
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township, pay a
judgment of not more than $500, or as determined by the Municipalities
Planning Code,[1] plus all court costs, including reasonable attorney fees
incurred by the Township as a result thereof. No judgment shall commence
or be imposed, levied or payable until the date of the determination
of a violation by the District Justice. If the defendant neither pays
nor timely appeals the judgment, the Township may enforce the judgment
pursuant to the applicable Rules of Civil Procedure. Each day that
a violation continues shall constitute a separate violation, unless
the District Justice, determining that there has been a violation,
further determines that there was a good-faith basis for the person,
partnership or corporation violating this chapter to have believed
that there was no such violation, in which event, there shall be deemed
to have been only one such violation until the fifth day following
the date of the determination of a violation by the District Justice,
and thereafter each day that a violation continues shall constitute
a separate violation.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending the final
adjudication of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section. Further,
the Township shall have the right to pursue equitable injunction or
other relief to abate, restrain or enjoin violations of the requirements
of this chapter.
