[Ord. 95-4-18-2, 4/18/1995, § 1-1]
An ordinance establishing rules and regulations governing the
subdivision and development of land within the Township of Plumstead,
Bucks County, Pennsylvania, pursuant to the authority set forth in
the Pennsylvania Municipalities Code,[1] setting forth the procedure to be followed by the Planning
Commission and the Board of Supervisors in applying these rules and
regulations and providing penalties for the violation thereof.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. 95-4-18-2, 4/18/1995, § 1-2]
This Part is established to regulate and control the subdivision
and development of land within the Township so as to provide sites
suitable for human habitation, commercial and industrial operations,
and other uses for which land may be developed, thereby creating conditions
favorable to the health, safety, morals, welfare of the community
and consistent with the goals of the Comprehensive Plan of the Township.
[Ord. 95-4-18-2, 4/18/1995, § 1-3]
From and after the effective date of this chapter, any subdivision
or land development shall be in conformity with this chapter and all
standards and specifications adopted as a part of such chapter.
[Ord. 95-4-18-2, 4/18/1995, § 1-4]
1.
The provisions of this chapter shall be interpreted and applied as
minimum requirements for the promotion of the public health, safety,
comfort, convenience and general welfare. When provisions, standards
and specifications of this chapter impose greater restrictions than
those of any state statute, other ordinance or regulation, this chapter
shall be controlling unless specified to the contrary.
2.
Whenever the provisions of any other statute impose more restrictive
standards than are required by any regulations made under authority
of this chapter, the provisions of the more restrictive statute shall
apply.
3.
This chapter does not repeal, abrogate, annul or any way impair or
interfere with existing provisions or other laws or ordinances, except
those specifically or explicitly repealed by this chapter, or any
restrictions placed upon property by covenant, deed or other private
agreement, unless repugnant hereto.
4.
From and after the effective date of this chapter, any subdivision
or land development for which application is made shall be in conformity
with this chapter and all standards and specifications adopted as
part of this chapter.
[Ord. 95-4-18-2, 4/18/1995, § 1-5; as amended by Ord. 2011-02, 5/3/2011]
A filing fee and contract for professional services for charges
by the Township’s professional consultants and administrative
staff shall accompany the preliminary plan. No application shall be
accepted or acted upon unless payment is made to the Township. The
Township Board of Supervisors shall establish by resolution a schedule
of fees and escrows to be paid by the subdivider or land developer
to defray the costs of administrating and processing of plans. The
Schedule of Fees and escrows, including professional consultant fees,
may be changed from time to time by resolution of the Board of Supervisors.[1]
[1]
Editor's Note: The Schedule of Fees is on file in the Township
offices.
[Ord. 95-4-18-2, 4/18/1995, § 1-6]
1.
It shall be unlawful for the owner or any other person, firm or corporation
owning or controlling any land in the Township to subdivide any lot,
tract or parcel of land, or to lay out, construct, open or dedicate
for public use or travel any street, sanitary or storm sewer, drainage
facility or other facility in connection therewith, for the common
use of occupants of buildings located within the subdivision or land
development, unless:
A.
Final plans of such subdivision or land development shall have been
prepared in accordance with all licensing laws of the Commonwealth
of Pennsylvania.
B.
Final plans of such subdivision or land development have been submitted
to and approved in writing thereon by the Board of Supervisors.
C.
Final plans of such subdivision or land development have been reviewed
and signed by the Bucks County Planning Commission.
D.
Final plans of such subdivision or land development have been recorded
in the Bucks County Recorder of Deeds Office in Doylestown, Pennsylvania.
E.
The improvements required by the Township in connection therewith
have either been constructed or the Township has been assured of proper
completion by the deposit of funds or securities in escrow, sufficient
to cover the cost of the required improvements, as determined by the
methods set forth herein.
2.
Sale of Lots; Issuance of Building Permits; Erection of Buildings.
A.
No lot in a subdivision may be sold nor any improvement constructed
thereon, and no permit to erect, alter or repair any building upon
land in a subdivision or land development may be issued, unless and
until the improvements required by the Township in connection therewith
have either been constructed or guaranteed as hereinafter provided
and the subdivision or land development plan has been approved by
the Board of Supervisors and recorded in the Bucks County Recorder
of Deeds office.
B.
No building in a subdivision or land development which depends upon
the improvement of any street or streets herein provided for, for
ingress and egress, shall be permitted to be occupied before improvements
are substantially completed from a now-existing paved street to and
across the front of the land on which the building is located and/or
to a sufficient depth along the side of the land to service any driveway,
or parking spaces or in the case of streets of insufficient width,
until such widening of said street has been completed.
C.
No building depending upon public water and sewer facilities shall
be permitted to be occupied before such facilities are fully provided
and operational.
[Ord. 95-4-18-2, 4/18/1995, § 1-7]
Any person, partnership or corporation who shall violate any
of the provisions of this chapter shall, upon being found liable therefore
in a civil enforcement proceeding commenced by the Township, pay a
judgment of not more than $500 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 Magisterial District Judge.
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 Magisterial District Judge 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 Magisterial District Judge, and thereafter each day that a
violation continues shall constitute a separate violation.
[Ord. 95-4-18-2, 4/18/1995, § 1-8]
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 provided herein.
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 an ordinance adopted pursuant to the Pennsylvania
Municipalities Planning Code, Act 247, as amended.[1] 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.
D.
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 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 owner, vendee
or lessee for the development of such real property, the Township
may require compliance with the conditions that would have been applicable
to the property at the time that the applicant acquired an interest
in such property.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
