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.
Subdivision and land development control.
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.
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.
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 as it applies to use and density requirements, setbacks, parking and other features and shall be indicated on the land development plans.
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.
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.
Conflict with public and private provisions.
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.
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.
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.
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.
The request for modification shall be referred to the Board of Supervisors for review and decision.
The Board of Supervisors shall keep a written record of all action on all requests for modifications.
No modification shall be granted except after a public meeting by the Board of Supervisors.
Any grant of modification under this section or a variance by the Zoning Hearing Board shall be noted in the final plan.
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.
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:
The owner of record at the time of such violation.
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.
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.
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.
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, 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.
Editor's Note: See 53 P.S. § 10101 et seq.
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.
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.