It is the intention of the Board of Commissioners
to exercise, through adoption of this chapter, the maximum lawful
jurisdiction over subdivision and land development permitted by the
Pennsylvania Municipalities Planning Code, its amendments or successors.
Without limitation, in the exercise of this power, the following are
subject to the provisions thereof:
A.
This chapter shall be enforced by the person or agency
specifically so directed in any provision hereof or by the Township
Manager or by any person or agency designated by the Board of Commissioners
or Township Manager from time to time.
B.
Inspection of actual construction under any approved
subdivision plan shall be the sole responsibility of the Township,
which shall undertake reasonable measures to provide an adequate inspection
of all projects.
C.
Any action not in accordance with the provisions of
this chapter shall be subject to a cease-and-desist order and other
appropriate measures necessary to obtain or produce compliance with
this chapter.
D.
In addition to other remedies, the Board of Commissioners
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.
[Added 10-22-1990 by Ord. No. 90-49]
E.
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:
[Added 10-22-1990 by Ord. No. 90-49]
(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 has actual or constructive knowledge of the violation.
(3)
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.
(4)
The 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 vendee or lessee has actual or constructive
knowledge of the violation.
F.
As an additional condition for issuance of a permit
or the granting of an approval to any such owner, current owner, 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.
[Added 10-22-1990 by Ord. No. 90-49]
G.
Adjacent lots with the identical zoning classification
and owned by the same person may be consolidated by recording a deed
describing the lots as a single parcel, without subdivision plan approval,
where the only change being made to a lot line is the elimination
of one or more of them, subject to administrative review by the Township
Engineer and the Director of Community Development. This exemption
from the approval procedures set forth in this Chapter shall be subject
to the following:
[Added 5-8-2006 by Ord. No. 2006-10;
amended 5-23-2011 by Ord. No. 2011-14]
(1)
A statement must be placed in the deed acknowledging that it is a
deed of consolidation intended to merge the lots and that any future
independent use of the lots would require subdivision approval.
(2)
The land development application to the Engineering Department shall
constitute an application to amend the Township's parcel map to show
the consolidation.
(3)
Each deed submitted for consolidation and recording shall have attached
thereto a plan prepared, signed and sealed by a registered engineer
or surveyor in the State of Pennsylvania showing the metes and bounds,
gross and net (after deducting the rights-of-way of any public or
private street) areas and error of closure of the consolidated lot.
The error of closure shall not be greater than one part in 5,000.
(4)
Upon merger by deed, adjacent lots shall lose their separate identity
for all purposes relating to their individual development.
(5)
This administrative review exemption shall not apply in any of the
following circumstances:
A.
The Board of Commissioners shall establish a schedule
of fees and a collection procedure for all applications and other
matters pertaining to these regulations.[1] The applicant shall be required to submit an additional
fee to the Delaware County Planning Commission to cover the review
process. No action shall be taken until all fees are paid and the
applications are properly signed.
B.
The applicant shall furnish an escrow fund sufficient
to pay all fees and costs required by this chapter. The escrow fund
shall be paid when preliminary plans (or final plans) are submitted
for review and approval. Application fees shall be fixed by the Board
of Commissioners from time to time. The escrow fund shall be sufficient
to guarantee the payment of the services of the Township Engineer
and Township Solicitor related to review and consideration of the
application and all other costs for engineering, traffic surveys and
professional certification deemed necessary by the Board of Commissioners
in reviewing plans.
No lot, unit or other section of a subdivision
shall be sold, leased or otherwise transferred, nor shall a building
permit be issued unless a final plan has been approved and recorded.
[Amended 10-22-1990 by Ord. No. 90-49]
A.
The Board of 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.
B.
Any request 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 chapter involved and the minimum modification necessary.
C.
The Board of Commissioners may refer the request for
modification to the Township Planning Commission for advisory comments.
D.
In granting modifications, the Board of Commissioners
may impose such conditions as will, in its judgment, secure substantially
the objectives of the standards and requirements so modified.
E.
The Township shall keep a written record of all action
on all requests for modifications.
