[Ord. 5/8/1997A, § 101]
An ordinance providing for the regulation and control of the
subdivision of lots and the development of land; the approval of plans,
plots or replots of land laid out in building lots; standards for
the design of streets, lots, easements, blocks and other improvements;
certain minimum improvements and construction standards on all streets
and required dedications; the administration of this chapter by the
Township Planning Commission and the Township Board of Supervisors;
and penalties for the violation of this chapter.
[Ord. 5/8/1997A, § 102]
This chapter shall be known and may be cited as the "Williams
Township Subdivision and Land Development Ordinance."
[Ord. 5/8/1997A, § 103]
The purpose of these regulations is to create conditions favorable
to the health, safety, morals and general welfare of the citizens
by: assisting in the orderly and efficient integration of subdivisions;
ensuring conformance of subdivision plans with the public improvements
plans of the Township; ensuring sites suitable for building purposes
and human habitation; facilitating the efficient movement of traffic
and avoiding traffic hazards and congestion; securing equitable handling
of all subdivision plans by providing uniform procedures and standards;
improving land records by establishing standards for surveys and plans;
safeguarding the interests of the public, the homeowner, the subdivider
and all municipalities; preserving natural and historic features;
and carrying out the goals and objectives of the Comprehensive Plan.
[Ord. 5/8/1997A, § 104]
1.
No subdivision or land development of any lot, tract or parcel of
land shall be made, and no street, sanitary sewer main, water main
or other improvements required in connection with a proposed subdivision
or land development shall be laid out, constructed, opened or dedicated
for use of the public or the occupants of the proposed subdivision
or land development, except in accordance with this chapter.
2.
A lot or parcel that was not a legal lot of record prior to adoption
of this chapter shall not be created, sold or transferred, and no
land development may occur on a lot unless and until: (a) the subdivision
of the lot and/or the approval of the land development, as applicable,
has been granted final plan approval and been recorded; and (b) either
of the following occurs:
3.
Landowner. No subdivision or land development shall be submitted
to the Township for review except by the landowner of such land or
his/her specifically authorized agent (see definition of "landowner"
in Part 2).
[Ord. 5/8/1997A, § 105]
1.
Agriculture. The subdivision by lease of land for agricultural purposes
into parcels of more than 10 acres, not involving any new street or
easement of access or residential dwelling, shall be exempted from
the regulations of this chapter.
2.
Revisions to Township Regulations After Approval of a Development.
A.
From the time an application for approval of a plat, whether preliminary
or final, has been approved, or approved subject to conditions, no
subsequent change or amendment in the zoning, subdivision or other
governing ordinance or plan shall be applied to adversely affect the
right of the applicant to commence and to complete any aspect of the
approved development in accordance with the terms of such approval
within five years from such approval.
B.
If final plan approval is preceded by preliminary plan approval,
the five-year period shall be counted from the date of the preliminary
plan approval.
[Ord. 5/8/1997A, § 106]
1.
Standards.
A.
The provisions of this chapter shall be interpreted and applied as
minimum requirements for the promotion of the public health, safety,
convenience and general welfare.
B.
Where provisions, standards and specifications of this chapter conflict
with those of any state statute, other ordinance or regulations, the
more restrictive requirement shall apply, regardless of its source,
unless specified to the contrary.
2.
Illustrations. The illustrations in this chapter are for general
illustrative purposes and are not part of the regulations of this
chapter.
[Ord. 5/8/1997A, § 107]
1.
An applicant seeking a modification or exception to this chapter
shall submit to the Township staff a request in writing that states:
(a) the specific ordinance section(s) involved; and (b) the reasons
for the request. The staff shall provide the request to the Planning
Commission for a recommendation. After the Planning Commission has
had an opportunity for review at a meeting, the Board of Supervisors
may by written resolution grant a waiver or modifications to the specific
requirements of this chapter.
2.
The applicant must prove that the request will meet one or more of
the following conditions:
A.
Avoid an undue hardship that was not self-created and that results
from the peculiar and uncommon conditions of the property.
B.
Avoid a clearly unreasonable requirement that would not serve any
valid public purpose.
C.
Allow an alternative standard that is clearly proven by the applicant
to provide equal or better results.
D.
Allow a layout or improvements that would clearly be more in the
public interest than what would occur if the modification were not
granted.
E.
Remove a requirement that is not applicable, especially because of
the small size of the proposed subdivision or land development.
[Ord. 5/8/1997A, § 108]
1.
The Board of Supervisors has established by resolution a schedule
of fees and a collection procedure for all applications and other
matters pertaining to this chapter.
2.
The applicant is also required to pay any review fees required by
the Lehigh Valley Planning Commission and the County Conservation
District.
3.
Plans shall not be considered filed until all fees are paid and the
applications are properly signed as required.
4.
If the expenses of the Township for reviews of a subdivision or land
development exceed the total fees that have been paid or placed in
escrow by an applicant, such excess expenses shall be paid by the
applicant prior to release by the final plans by the Township for
recording.
[Ord. 5/8/1997A, § 109; as amended by Ord. 2012-1,
9/12/2012, §§ 1, 2]
1.
Alternate Plans. Only one plan concerning any one area of land shall
be actively before the Township for review at any one moment in time,
unless the Planning Commission specifically permits simultaneous review
of alternative plans.
2.
Revisions and Resubdivisions.
A.
A revision or resubdivision of a recorded plan or a final plan approved
by the Board of Supervisors shall be considered as a new subdivision
and shall comply with all of the regulations of this chapter.
B.
If the Township staff determines that a revision is only for a "lot line adjustment" (which includes an annexation) or to correct erroneous data or minor omissions or revise engineering details or supporting documentation, the plan may be submitted under the simplified requirements and procedures of § 22-704.
3.
Any preliminary plan filed with the Township which has not been revised
within six months from the date of the last Township Engineer or Township
consultant review letter shall be deemed inactive and abandoned, and
may be denied for failure to promptly process the plan in accordance
with the Township's ordinances regardless of whether or not the applicant
has granted an extension of time to the Township to review the plan
in accordance with the time constraints set forth in the Municipalities
Planning Code, 53 P.S. § 10101 et seq.
[Ord. 5/8/1997A, § 110]
The Township shall maintain records of the findings, decisions
and recommendations of the Planning Commission and Board of Supervisors
regarding all subdivision and land development plans. Such records
shall be available to the public for review.
[Ord. 5/8/1997A, § 111]
1.
The regulations set forth in this chapter may, from time to time,
be amended by the Board of Supervisors, following the procedures of
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., as amended, including a Supervisors public hearing (with
public notice required by the State Planning Code, 53 P.S. § 10101
et seq.).
2.
The Township staff shall submit each proposed amendment (other than
an amendment prepared by or under the direction of the Planning Commission)
to the Commission for recommendations at least 30 days prior to the
date set for the Supervisors public hearing.
3.
The Township staff shall submit any proposed amendment to the Lehigh
Valley Planning Commission. An official vote shall not be taken by
the Supervisors on the amendment until the Lehigh Valley Planning
Commission recommendation is made or until 45 days have passed from
such submission.
[Ord. 5/8/1997A, § 112]
Decisions of the Board of Supervisors may be appealed in accordance
with the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq., as amended.
[Ord. 5/8/1997A, § 113]
1.
Inspectors. The Board of Supervisors shall authorize one or more
persons, which may include the Zoning Officer and the Township Engineer
and his/her representatives, to enforce the provisions of this chapter
and the accompanying design standards and improvement specifications.
2.
Inspection. Any action under this chapter is subject to on-site inspection
by the Township or its authorized representatives to ensure compliance
with this chapter, other Township ordinances and the approved plans.
3.
Remedies. Any action inconsistent with the provisions of this chapter
shall be subject to a cease and desist order and other appropriate
measures by the Board of Supervisors or their authorized representatives.
[Ord. 5/8/1997A, § 114]
1.
Any person, partnership or corporation who or which has violated any provisions of this Part shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Board of Supervisors or their authorized representatives, pay a judgement of not more that $500 plus all court costs, including reasonable attorneys fees incurred by the Township as a result thereof, unless higher penalty is established under state law. This shall include, but not be limited to, any person, partnership or corporation that accomplishes any act listed under § 22-104, "Applicability," without following the applicable procedures of this Part.
2.
The description by metes and bounds in the instrument of transfer
or other document used in the process of selling or transferring shall
not exempt the seller or transferor from such penalties or from the
remedies herein provided.
3.
See § 515.3, "Enforcement Remedies," of the State Municipalities Planning Code regarding each day of violation being considered a separate violation. See also the "Remedies" provisions of § 22-113, Subsection 3, of this chapter. All fines collected for such violations shall be paid over to the Township.
[Ord. 5/8/1997A, § 115]
Neither the approval nor the granting of any building permit,
floodplain permit, site plan review, subdivision approval, land development
approval, zoning permit, erosion review, stormwater runoff review,
steep slope review or any other review or permit of this chapter,
involving any land governed by the provisions of this chapter, by
an officer, employee, consultant or agency of the Township, shall
constitute a representation, guarantee or warranty of any kind by
the Township or its employees, consultants, officials or agencies
of the practicality or safety of any structure, use or subdivision
and shall create no liability upon, nor a cause of action against
any Township body, consultant, official or employee for any damage
that may result pursuant thereto.
[Ord. 5/8/1997A, § 118]
The provisions of this chapter that only repeat, summarize or
reference provisions of the State Planning Code, 53 P.S. § 10101
et seq., shall be deemed to be automatically superseded and replaced
by any applicable amendments to the State Municipalities Planning
Code, 53 P.S. § 10101 et seq., at the date such amendments
become effective as state law.
A "land development" shall be required to follow all of the
same submission requirements, review procedures and other requirements
of this chapter as a "major subdivision," unless such land development
only would involve the development of only one principal nonresidential
use and/or a maximum of five dwelling units, in which case only a
final plan submission and approval is required and not a preliminary
plan
