[Ord. 278, 9/18/1991]
This Part shall be known as the "Township of Richland Subdivision
and Land Development Ordinance."
[Ord. 278, 9/18/1991]
These regulations are adopted for the following purposes:
1.
To protect and provide for the public health, safety, and general
welfare of the Township.
2.
To guide the future growth and development of the Township, in accordance
with the Comprehensive Plan of the Township.
3.
To provide for adequate light, air and privacy; to secure safety
from fire, flood, and other danger; and to prevent overcrowding of
the land and undue congestion of population.
4.
To protect the character and social and economic stability of the
Township and to encourage the orderly and beneficial development of
the Township.
5.
To protect and conserve the value of land throughout the Township,
and the value of buildings and improvements upon the land and to minimize
the conflicts among the uses of land and buildings.
6.
To guide public and private policy and action in order to provide
adequate and efficient transportation, water supply, sewerage, schools,
parks, playgrounds, recreation, and other public requirements and
facilities.
7.
To provide the most beneficial relationship between the uses of land
and buildings and the circulation of traffic within the Township,
having particular regard to the avoidance of congestion in the streets
and highways, and the pedestrian traffic movements appropriate to
the various uses of land and buildings, and to provide for the proper
location and width of streets and building lines.
8.
To establish reasonable standards of design and procedures for subdivision
and resubdivision, in order to further the orderly layout and use
of land; and to ensure proper legal descriptions and monumenting of
subdivided land.
9.
To ensure that public facilities are available and will have a sufficient
capacity to serve the proposed subdivision.
10.
To prevent the pollution of air, streams, and ponds; to assure the
adequacy of drainage facilities; to safeguard the water table; and
to encourage the wise use and management of natural resources in order
to preserve the community and value of the land.
11.
To preserve the natural beauty and topography of the Township and
to ensure appropriate development with regard to these natural features.
12.
To provide for open spaces through efficient design and layout of
the land.
13.
And finally, to ensure that documents prepared as part of land ownership
transfer fully and accurately describe the parcel of land being subdivided
and the new parcels thus created.
[Ord. 278, 9/18/1991]
1.
Authority of the Board of Supervisors. The Board of Supervisors of
the Township is vested by law with the control of the subdivision
of land and land development within the Township by Act 247 of 1968,
the Pennsylvania Municipalities Planning Code, as amended. The Board
of Supervisors shall retain the authority to approve all subdivision
plans and land development plans as required herein.
2.
Authority of the Township Planning Commission. The Township Planning
Commission is hereby designated by the Board of Supervisors as an
agency which shall review and make recommendations on preliminary
and final subdivision and land development plans as required herein,
prior to action by the Board of Supervisors, and, when provided by
ordinance, make other recommendations.
[Ord. 278, 9/18/1991]
1.
Subdivision Control. No subdivision, as herein defined, of any lot, tract or parcel of land shall be effected and 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 or to abut 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 by the Board of Supervisors in connection therewith have either been constructed or guaranteed as herein provided in § 22-612.
2.
Land Development Control.
A.
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 plans, 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.
B.
Land development plans shall indicate the location of each structure
and clearly define each unit and shall indicate public easements,
common areas, and improvements, all easements appurtenant to each
unit, and improvements to public rights-of-way. Developments are subject
to the zoning regulations as they apply to use and density requirements,
setbacks, parking and other features, and shall be indicated on the
land development plans.
[Ord. 278, 9/18/1991]
1.
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.
2.
Conflict with Public and Private Provisions.
A.
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.
B.
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 high standards or regulations than such easement, covenant,
or other private agreement or restriction, the requirements of this
chapter shall govern. Where the provisions of the easement, covenant
or private agreement or restriction impose duties and obligations
that are more restrictive or higher standards than the requirements
of these regulations or the determinations of the Board of Supervisors
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.
[Ord. 278, 9/18/1991]
1.
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 pertaining
to the land in question, provided that such modification will not
be contrary to the public interest and the purpose and intent of this
chapter is observed.
2.
All requests for modification shall be in writing and shall accompany
and be 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 this
chapter involved and the minimum modification necessary.
3.
The request for modification shall be referred to the Planning Commission
for advisory comments.
4.
The Board of Supervisors shall keep a written record of all action
on all requests for modifications.
[Ord. 278, 9/18/1991]
1.
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 transferor from such penalties or from
the remedies herein provided.
2.
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:
A.
The owner of record at the time of such violation.
B.
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.
C.
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.
3.
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owners, 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 property.
[Ord. 278, 9/18/1991; as amended by Ord. 325, 7/3/1996]
1.
Any person, acting in his/her own behalf or on behalf of a firm,
corporation or other entity, who violates any provision of this Part
shall be civilly liable to the Township in the amount of $600, said
liability to be his/hers and/or that of the firm, corporation or other
entity. In each instance, the Township Secretary, Code Enforcement
Officer or police officer shall make a determination of violation
and notify the violator by first-class mail or personal service of
a copy of the civil citation in form adopted by resolution of the
Board of Supervisors.
2.
The person, firm, corporation or entity cited as a violator may pay
the amount of civil liability at a rate of 33% of the amount cited
if said payment is made and received by the Township within 10 days
of the date of the citation.
3.
In the instance of a continuing violation of this Part, each day
the violation is deemed to continue is, in and of itself, another
violation and shall constitute a separate liability in the same amount
as originally stated and may be cited as such in the same manner as
above set forth.
4.
The failure to pay the citation amount of the civil liability by
such discount date as stated above shall give cause for the Township
by its appropriate official or Solicitor to initiate a civil complaint
or complaints against the violator for collection of the civil liability,
interest, costs and attorney's fees.
