[Amended 10-13-1994 by Ord. No. 588]
A.
Subdivision of lots, layout of streets and change
of watercourses. No subdivision or land development upon any lot,
tract or parcel of land shall be effected; no street, alley, sanitary
sewer, storm sewer, 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; and no watercourse shall be stopped, filled up, confined,
paved or otherwise interfered with or the course thereof changed;
except in strict accordance with the terms of this chapter and the
subdivision regulations adopted hereunder and other applicable ordinances
of the Township.
B.
Sale of lots, issuance of building permits or erection
of buildings. No lot in a subdivision may be sold, no permit to erect,
alter or repair any building may be issued and no building may be
erected in a subdivision unless and until a subdivision/land development
plan has been approved and, where required, recorded in the office
of the Recorder of Deeds of the County of Delaware, Pennsylvania.
C.
Modifications.
(1)
The Township Commissioners 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 pertaining to 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 is observed.
(2)
All requests for a modification shall be 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, the provision or provisions
of the ordinance involved and the minimum modification necessary.
(3)
The request for modification may be referred to the
Planning Commission for advisory comments.
(4)
The Township Commissioners shall keep a written record
of all action on all requests for modifications.
(5)
In granting any modification, the Township Commissioners
shall prescribe any conditions that they deem necessary or desirable
for the public interest.
(a)
Further, no modification shall be granted unless
the Township Commissioners find:
[1]
That there are special circumstances or conditions
affecting or affected by the property, such that strict application
of the provisions of this chapter would either deprive the applicant
of the reasonable use of the land, exact undue hardship because of
the peculiar conditions pertaining to the land or pose an unreasonable
burden in the plan submission/approval process.
[2]
That the modification is necessary for the preservation
and enjoyment of a substantial property right of the applicant.
[3]
That the granting of the modification will not
be detrimental to the public welfare or injurious to other property
in the area in which said property is situated.
(b)
These findings shall be referenced in the Township's
notification to the applicant.
The initial submission of a preliminary or tentative
planned residential development plan shall be accompanied by the appropriate
fee. Such fees shall be as set forth by resolution of the Board of
Commissioners from time to time.[1]
No subdivision and/or land development plan
shall be finally approved unless all improvements and common amenities
required by the subdivision ordinance and subdivision regulations
have been installed or unless financial security has been deposited
with the Township in an amount sufficient to cover the costs of all
the improvements and common amenities, in accordance with the provisions
of § 509 of the Pennsylvania Municipalities Planning Code,
being Act 247 of 1968,[1] as from time to time amended. Improvements and common
amenities, as used herein, shall include all improvements required
by the subdivision ordinance and subdivision regulations, whether
such improvements are to become public improvements dedicated to the
Township or to remain the private property of the owner/developer
or to become a part of the common elements of a condominium development.
[1]
Editor's Note: See 53 P.S. § 10509.
