Township of Crescent, PA
Allegheny County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
GENERAL PROVISIONS
Planning Commission — See Ch. 162.
Comprehensive planning — See Ch. 420.
Zoning — See Ch. 430.
Planned residential developments — See Ch. 450.
Street construction — See Ch. 720.
Sidewalk construction — See Ch. 730.

§ 440.01 General provisions.

[Ord. No. 309, passed 6-27-1973]
A. 
Title. This chapter may be cited as the "Crescent Township Subdivision and Land Development Code."
B. 
Compliance. No subdivision or land development of any lot, tract, or parcel of land shall be made; no street, sanitary sewer, storm sewer, water main or other improvements 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 thereon, except after approval of plats in accordance with the provisions of this chapter.
C. 
Hardship. Where, owing to special conditions, the literal enforcement of this chapter would result in unnecessary hardship, the Board may make such reasonable exception thereto as will not be contrary to the public interest, and may permit the sale of a lot subject to conditions necessary to assure adequate streets and other public improvements.
D. 
Exception. The review and approval of a development plan for a planned residential development as defined herein will be in accordance with the provisions of the Planned Residential Development Chapter rather than by this chapter, provided that such Planned Residential Development Chapter is adopted and is in full force and effect.[1]
[1]
Editor's Note: See Ch. 450, Planned Residential Developments.
E. 
Remedies. In the event that any improvement which may be required has not been installed as provided by this chapter, or in accord with the approved final plat, the Board shall enforce any corporate bond or other security by appropriate legal and equitable remedies and shall take such other action as is appropriate and authorized by law.
F. 
Penalties. Any person, partnership, or corporation who violates the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall pay a fine not exceeding $100 per lot or parcel or per dwelling within each lot or parcel, all in accordance with the provisions of law.
G. 
Definitions. As used in this chapter, except where the context clearly indicates otherwise, the following words or phrases have the meaning indicated below.
APPLICANT
A landowner or developer who has filed an application for development.
APPLICATION
Every application, whether preliminary, tentative or final, required to be filed with and approved prior to the start of land development or subdivision and which is complete in all respects as required by this chapter.
CLEAR SIGHT TRIANGLE
An area of unobstructed vision at street intersections defined by lines of sight between points at a given distance from the intersection of street lines.
CUL-DE-SAC
A short street having one end open to traffic and being permanently terminated by a vehicle turnaround.
DEVELOPER
Any landowner, agent of such landowner or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.
LAND DEVELOPMENT
Any of the following activities: (A) The improvement of one or more contiguous lots, tracts or parcels of land for any purpose involving: (i) a group of two or more residential or nonresidential buildings, whether proposed initially or cumulatively, or a single nonresidential building or a lot or lots regardless of the number of occupants or tenure; or (ii) the division or allocation of land or space, whether initially or cumulatively, between or among two or more existing or prospective occupants by means of, or for the purpose of streets, common areas, leaseholds, building groups or other features; or (B) a subdivision of land; provided, however, that land development shall not include (A) the conversion of an existing single-family detached dwelling or single-family semidetached dwelling into not more than three residential units, unless such units are intended to be a condominium, or (B) the addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building.
STREET
A right-of-way which affords the principal means of access to abutting property. A street may be public or private, shall be used or intended to be used by vehicular traffic or pedestrians, and may be designated as a highway, thoroughfare, parkway, boulevard, lane, alley, viaduct, road, avenue, drive, or other appropriate name. A street may also be identified according to the type of use as follows:
(a) 
Streets providing for traffic movements between traffic generation areas.
(b) 
Streets providing connection primarily between regional streets or regional and local streets.
(c) 
Streets serving primarily as access to abutting properties and not intended as major arteries carrying through traffic.
SUBDIVISION
The division or redivison of a lot, tract, or parcel of land by any means into two or more lots, tracts or parcels or other divisions of land including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the division of land for agricultural purposes of parcels of more than 10 acres not involving any new street or easement of access, or any residential dwelling, shall be exempted.

§ 440.02 Application and review procedures.

[Ord. No. 309, passed 6-27-1973; Ord. No. 385, passed 6-8-1988; Ord. No. 411, passed 10-14-1992]
A. 
Applications. No applicant may proceed with any grading or improvement or streets or installation of public utilities until a preliminary application has been approved by the board. No applicant shall sell, transfer, lease or otherwise convey any lot, parcel or tract in a subdivision until the final plat has been approved by the Board and recorded as required herein.
B. 
Preliminary application. The preliminary application shall include a location map, site map, a subdivision plan, and an engineering report. The application shall be submitted in not less than six copies and shall be accompanied by an application fee which shall be set by the Board.
1. 
The location map shall clearly show the location, area and zoning of the tract proposed for development with relation to the area and zoning of adjacent properties and the location and relative distance to existing related streets.
2. 
The site map shall cover the entire tract and all lands within 500 feet of its boundaries and shall clearly and accurately show the following data:
(a) 
The topography with vertical contour intervals of five feet or less.
(b) 
The natural features and existing culture such as woods, streams, embankments, retaining walls, structures, and existing land use.
(c) 
The names of owners of properties adjacent to the tract.
(d) 
Existing and proposed streets and rights-of-way, including dedicated widths, roadway widths, approximate gradients, types and widths of pavements, and curbs and sidewalks.
(e) 
Existing and proposed easements, including widths and purposes.
(f) 
Utilities, including sized capacity, and location of sanitary sewers, storm sewers, drainage facilities, water lines, gas mains and power lines.
(g) 
Areas subject to periodic overflow of flood- or stormwaters.
(h) 
Subsurface conditions, including data on past or possible future mining activity. If mineral rights are severed from the landownership, such data must be clearly indicated.
(i) 
Tract boundary lines by calculated distances and bearings.
(j) 
Title, graphic scale, North point, and date.
3. 
A proposed subdivision plan shall be drawn at a scale no smaller than 100 feet to one inch and shall show the following:
(a) 
Name of the subdivision.
(b) 
Name and addresses of owner, subdivider and persons who prepared the plan.
(c) 
Proposed street pattern, including the names, widths, and rights-of-way of streets, the widths of easements, and the approximate grades of streets where they exceed 8%.
(d) 
Layout of lots, including dimensions, number and building lines.
(e) 
Parcels of land to be dedicated or reserved for schools, parks, playgrounds or other public or community use.
(f) 
Key plan, legends, notes, graphic scale, North point and date.
(g) 
A draft of any proposed deed covenants.
4. 
An engineering report shall include the following data wherever pertinent:
(a) 
Profiles, cross sections and specifications for proposed street improvements.
(b) 
Profiles and other explanatory data concerning installation of water distribution systems, storm sewers, sanitary sewers.
(c) 
A report on the feasibility of connection to existing sewerage system, including distances to the nearest public sewer, service load of the subdivisions, capacity of the treatment plant.
(d) 
If connection to a public sewerage system is not feasible, a report on the feasibility of a separate sewerage system, and treatment works including the design, population, type and location of the treatment, and receiving stream.
(e) 
If connection to a public or private sewage system is not feasible, a report on the feasibility of on lot sewage disposal, including a detailed map of the physical conditions of the site, contours, finished grades, watercourses, groundwater table elevations, and the results of soil absorption tests for each individual lot conducted in accordance with the recommended practices of the Health Department.
(f) 
A traffic impact study to demonstrate the proposed development's short- and long-term impact on the street system surrounding and serving the proposed development. The traffic impact study must collect data on existing roadway characteristics (e.g., structural conditions) and traffic flow and volume. It must make five- and twenty-year forecasts of the average daily vehicle trips generated by the proposed development and distribute and assign these trips to the most reasonable travel paths over the adjacent street system.
C. 
Application fee. The application fee under § 440.02B shall be established from time to time by resolution of the Board.
D. 
Preliminary review. The Board shall forward one copy each of the preliminary application to the Planning Commission, the Engineer, the County Planning Commission, and the Health Department. The Board shall not approve the preliminary application until reports from each of these agencies have been received, or until the expiration of 30 days from the date the copies of the application for development were forwarded to said agencies.
E. 
Public hearing. The Board shall hold a public hearing as required by law prior to approval or disapproval of the preliminary application.
F. 
Preliminary approval. The Board shall render its decision, not later than 90 days after such application is filed, provided that should the next regular meeting of the Board occur more than 30 days following the filing of the application, the said ninety-day period shall be measured from the 30th day following the day the application has been filed.
1. 
The decision of the Board shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision.
2. 
The decision of the Board shall be to (1) grant preliminary approval of the application as submitted; (2) grant preliminary approval subject to specified conditions not indicated on the application; or (3) deny preliminary approval. When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite the provisions of the statute or chapter relied upon.
3. 
Failure of the Board to render a decision and communicate it to the applicant within the time and the manner required shall be deemed a preliminary approval of the application in terms as presented unless the applicant has agreed in writing to an extension of time or change in the prescribed manner of presentation of communication of the decision, in which case, failure to meet the extended time or change in manner of presentation of communication shall have like effect.
4. 
In the event that the application is granted preliminary approval subject to conditions, the applicant may, within 30 days after receiving a copy of the decision of the Board, notify the Board of his refusal to accept all said conditions, in which case the application shall be deemed to have been denied. In the event the applicant makes no such notification within the aforesaid thirty-day period, preliminary approval with all conditions shall stand as granted.
5. 
In the event that the application is granted preliminary approval, with or without conditions, the decision so standing shall set forth the time within which an application for final approval shall be filed.
G. 
Final application. Final application shall include five prints and one reproducible copy of the final plat and a certificate of completion of improvements or guarantee of improvements as required below. The final plat shall be drawn at a scale no smaller than 100 feet to one inch and shall show:
1. 
The subdivision name, name and address of owner and subdivider, source of title of land as shown by the books of the Recorder of Deeds of the county, graphic scale, North point, date, certificate of approval by the Planning Commission and the Board.
2. 
Survey date with certification by a registered professional engineer or land surveyor showing calculated distances and bearings of the subdivision boundaries, lots, utility easements, streets, alleys, building lines, and parkways reserved for community purposes.
3. 
Location and distances to the nearest established street corners or official monuments, and the streets intersection the boundaries of the subdivision.
4. 
Location, type of material and size of monuments.
5. 
Complete curb data.
6. 
Lot numbers and street names.
H. 
Improvements. No plats shall be finally approved unless all improvements required by this chapter have been installed in strict accordance with this chapter or a guarantee that the improvements will subsequently be installed by the owner, in the form of a bond or deposit of fund or securities in escrow which are acceptable to the Board. Such bond or other security shall provide for, and secure to the public, the completion of any improvements which may be required on or before the date fixed in the formal action of approval or accompanying agreement for completion of improvements.
1. 
The amount of financial security to be posted for the completion of the required improvements shall be equal to 110% of the cost of completion estimated as of 90 days following the date scheduled for completion by the developer. Annually, the Township may adjust the amount of the financial security by comparing the actual cost of the improvements which have been completed and the estimated cost for the completion of the remaining improvements as of the expiration of the 90th day after either the original date scheduled for completion or a rescheduled date of completion. Subsequent to said adjustment, the Township may require the developer to post additional security in order to assure that the financial security equals said 110%. Any additional security shall be posted by the developer in accordance with this chapter.
2. 
The amount of financial security required shall be based upon an estimate of the cost of completion of the required improvements, submitted by an applicant or developer and prepared by a professional engineer licensed as such in Pennsylvania and certified by such engineer to be a fair and reasonable estimate of such cost. The Township, upon the recommendation of the Township Engineer, may refuse to accept such estimate for good cause shown. If the applicant and developer and the Township are unable to agree upon an estimate, then the estimate shall be recalculated and recertified by another professional engineer licensed as such in Pennsylvania and chosen mutually by the Township and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable, and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Township and the applicant or developer.
I. 
Final review. The Board shall forward one copy each of the final application to the Planning Commission, the Engineer, the County Planning Commission, and the Health Department. The Board shall not approve the final application until reports from each of these agencies have been received, or until the expiration of 30 days from the date the copies of the final application were forwarded to said agencies.
J. 
Final approval. The Board shall render its decision and communicate it to the applicant no later than 90 days after such application is filed. The decision of the Board shall in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision.
1. 
When a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application.
2. 
Upon final approval, the applicant may commence and complete the approved development in accordance with the terms of such approval within three years from such approval. When final approval is preceded by preliminary approval, the three-year period shall be counted from the date of the preliminary approval.
K. 
Recording. Upon the approval of a final plat, the developer shall within 90 days of such final approval record such plat in the Office of the Recorder of Deeds of Allegheny County, pursuant to applicable law.
L. 
Inspection. When the plans of streets and other improvements have been approved as provided in this chapter the subdivider shall first notify the Secretary-Manager of his intention to proceed with the construction or installation of said streets and improvements; notification shall be made at least 24 hours before any such construction or installation shall commence so as to give the Engineer an opportunity to inspect the site prior to commencement of work and to inspect installation or construction of said streets and improvements during the course of work being performed. In order to defray a part of the costs incurred by the municipality in inspection the installation of the improvements required by this chapter, the developer shall, before he proceeds with any construction or installation, present a certified check or money order made payable to the Board in an amount equal to 1 1/2% of the Engineer's estimate of the cost of the improvements.
M. 
Maintenance. Prior to any street or other improvement being accepted by the Township as hereinafter provided, the developer shall post a maintenance bond and/or other security naming the Township as obligee in an amount deemed adequate by the Board, not to exceed 15% of the actual cost of installation of said improvements to insure maintenance of said improvements for a period of at least 18 months from the date of acceptance by the Township.
N. 
Acceptance. After streets and improvements have been installed and constructed pursuant to the requirements contained in this chapter and in the event that the developer desires to have the Township accept said streets or improvements, the developer shall notify the proper municipal officers that the construction or installation has been completed and shall supply the Township with a minimum of four copies of the as-built plan on which the street or improvement in question has been constructed or installed. The four copies of the plan shall show thereon the signatures on all agencies and individuals who have approved the plan and contain a notice thereon as to where and when the plan as recorded in the Office of the Recorder of Deeds of the County. The portion of street or improvement which the developer desires to have the Township accept shall be shaded or colored in yellow on each of the four copies. The plan shall also clearly designate the number of lineal feet of said street or improvement which the subdivider desires to be accepted by the Township.
O. 
Subdivision by special procedure.
1. 
When in the opinion of the Board a literal enforcement of this § 440.02 would result in unnecessary hardship, the Board may approve a plat of subdivision if the application for approval of the subdivision meets the following conditions:
(a) 
The proposed subdivision shall not result in more than three lots;
(b) 
Each of the lots resulting from the proposed subdivision shall satisfy the minimum requirements for the zoning district in which such lot is situated. The proposed subdivision must otherwise conform to the requirements of the zoning code.
(c) 
Each of the lots resulting from the proposed subdivision shall front on an existing, accepted Township street or an existing state or county road.
2. 
The procedures for acceptance of a plat of subdivision under this § 440.02O shall be as follows:
(a) 
Three copies of a plat showing each lot resulting from the proposed subdivision, together with three copies of the legal description of such lot, shall be submitted by the applicant to the planning Commission.
(b) 
The Planning Commission shall review the plat and legal descriptions at its next regular meeting.
(c) 
If the proposed subdivision is approved by the Planning Commission, the Planning Commission shall submit its recommendations in writing to the Board at least one week before the next regular meeting of the Board.
(d) 
If the Board approves the plat and legal descriptions, the applicant shall record the same in the manner required by this § 440.02.
3. 
Fees. At the time the plat and legal descriptions are submitted to the Planning Commission for approval, the applicant shall pay to the Township an application fee in an amount as set forth by resolution of the Board.

§ 440.03 Design standards.

[Ord. No. 309, passed 6-27-1973; Ord. No. 553, passed 2-10-1999]
A. 
General. The Board shall not approve any plat unless the land whereon buildings are to be constructed shall be of such character that it can be used for building purposes without danger to health or peril from fire, flood or other hazard.
B. 
Natural features. Existing natural features which would add value to the subdivision and the municipality, such as trees, steep slopes, watercourses, historic spots and similar irreplaceable assets, shall be preserved, insofar as possible through harmonious design of the subdivision.
C. 
Streets. The Board shall not approve and plat unless all streets shown thereon shall be of sufficient width and proper grade, and shall be so located as to accommodate the probable volume of traffic thereon, afford adequate light and air, facilitate fire protection, provide access of fire-fighting equipment to buildings, and provide coordinated system of streets conforming to the municipality's plan of streets.
1. 
In the case of subdivisions for commercial, industrial, and public purposes no street giving access upon an arterial street shall be located closer than 500 feet along the same side of such arterial street, to any other driveway, public or private street in the same or another subdivision.
2. 
Local streets shall be so planned as to discourage through traffic.
3. 
Wherever there exists a dedicated or platted portion of a street or alley along a boundary of the tract being subdivided, the remainder of said street or alley, to the prescribed width, shall be platted within the proposed subdivision.
4. 
Half streets shall not be provided, except where it is essential to the reasonable development of the subdivision in conformity with the other requirements of these regulations, or where it becomes necessary to acquire the remaining half of condemnation so it may be approved in the public interest.
5. 
Culs-de-sac shall normally not be longer than 500 feet, including a turnaround which shall be provided at the closed end with an outside curb radius of at least 40 feet and a right-of-way radius of not less than 50 feet. The maximum grade of the turnaround portion of the cul-de-sac shall be 5%.
6. 
Alleys shall not be provided in residential districts but shall be included in commercial and industrial areas where needed for loading and unloading or access purposes.
7. 
The minimum distance between center lines of parallel or approximately parallel streets intersecting a cross street from opposite directions shall be 125 feet.
8. 
Intersections of more than two streets at one point shall be avoided.
9. 
Dead-end streets shall be prohibited unless provided with a turnaround or cul-de-sac arrangement.
10. 
Right-of-way requirements may be increased where anticipated traffic flow warrants it, or if drainage easements should reasonably parallel such thoroughfares. Such increased width will be established by the Board with the advice of the Planning Commission and the Township Engineer.
11. 
Minimum right-of-way widths, paving widths, angle of intersection, curb radius, distances along sides of sight triangles, horizontal alignments, vertical alignments, as well as maximum grades shall be in accordance with the following table:
Arterial Streets
Collector Streets
Local Streets
Culs-de-Sac
Crosswalks
Alleys
Right-of-way width
80
60
50
40
12
23
Paving width
36
26
24
24
10
20
Maximum grade
7.5%
12%
14%
14%
14%
Minimum angle for intersection
90°
80°
70°
70°
70°
Minimum curb radius (feet)
35
25
15
15
5
Grades for 25 feet before intersection
3%
3%
3%
3%
3%
Site triangle (distance along sides of) (through street/stop street)
500/30
500/30
250/25
250/25
50/20
Horizontal alignments minimum radii of center line)
600
400
200
100
100
Vertical Curves (Minimum Sight Distance)
500
350
200
100
100
12. 
Where, in the determination of the Township Engineer, existing Township streets proximate to the proposed development would be rendered inadequate, inconvenient to proximate residences and/or unsafe as a result of increased traffic attributable to the proposed subdivision and/or development, the Board may require the developer to make improvements to the affected streets in accordance with the Engineer's reasonable recommendations, including but not limited to, increases in street width, decreases in grade, increases in curb radii, installation of traffic control devices, or improvements in construction specifications in accordance with Chapter 720.
13. 
Right-of-way widths and paved cartway widths additional to those set forth above may be required by the Board where necessary for public safety and convenience, for parking in commercial and residential areas and where additional width is necessary on existing roads which do not comply with current standards.
D. 
Blocks. Blocks shall ordinarily not exceed 1,000 feet in length. Where it is necessary for Blocks to exceed this length, pedestrian ways and/or easements may be required near the center of the block.
E. 
Lots. The lot and yard sizes shall conform with the requirements of the Township's Zoning Code and the lots shall be designed to accord with the following design standards:
1. 
Every lot shall be provided with access adequate for the use of public safety vehicles and other public and private purposes and shall be served by a public or private street system, improved in accordance with this chapter and connected to the general street system.
2. 
Side lines of lots shall be approximately right angles to straight streets and on radial lines on curved streets wherever feasible. Pointed or very irregular lots shall be avoided unless such variations shall improve the overall neighborhood design.
3. 
Double-frontage lots shall be avoided.
4. 
When a tract is subdivided into larger than required building lots and there is no covenant preventing resubdivision of the lots, such lots or parcels shall be so arranged as to permit a logical location and opening of future streets and resubdividing with provision for adequate utility connections for each subdivision.
F. 
Easements. Easements for utilities and drainage shall have a minimum width of eight feet. Where a subdivision is traversed by a watercourse, there shall be provided a stormwater easement or drainage right-of-way of width sufficient for the purpose.
G. 
Water and sewer systems. The water supply and sewage disposal systems for the subdivision shall meet the design standards and requirements of the Health Department.

§ 440.04 Required improvements.

[Ord. No. 309, passed 6-27-1973]
A. 
General. All of the required improvements specified in this Section shall be constructed in accordance with the Municipality's Standards for Construction and all other applicable municipal, county and state regulations.
B. 
Monuments and markers. Concrete monuments shall be set at the intersection of all lines forming angels in the boundary of the subdivision. Iron or steel markers shall be set at the beginning and ending of all curves along street property lines; at all points where lot lines intersect curves, either front or rear; at all angles in property lines of lots and at all other lot corners.
C. 
Streets. The streets shall be graded to the grades and dimensions shown on plans and profiles and approved by the Board and shall include the following improvements.
1. 
Suitable drainage structures, culverts, storm sewers, ditches and related installations shall be provided to insure adequate drainage of all points along the streets.
2. 
Curbs shall be required on all streets.
3. 
The base course shall consist of latest Pennsylvania Department of Highways approved material, having a thickness of not less than eight inches. The Board shall have the right to determine whether this thickness is adequate for the type of street that has been proposed.
4. 
Pavement shall be required on all streets.
5. 
Street shoulders shall be constructed which are uniformly and thoroughly compacted by rolling and level with the tops of curbs.
D. 
Storm drainage. The construction of a storm drainage system shall conform to the following requirements:
1. 
Drainage ditches or channels shall have a minimum gradient of 1%.
2. 
Open watercourses shall have adequate capacity and erosion control to insure safe and healthful disposal of stormwater.
3. 
When topsoil has been removed from the surface of a lot on a slope where erosion will cause a displacement of loose material, the subdivider shall be required seed or provide other means to prevent the wash from damaging adjacent property or accumulating on street surfaces.
E. 
Water supply. Where public water is available, as determined by the Board, the developer shall connect to such public water supply and construct a system of water mains with a connection for each lot.
1. 
Where public water is not available, the developer shall supply acceptable evidence of the availability of water. The developer may be required to make one or more test wells in the area to be platted if such evidence is deemed not acceptable. Copies of well logs from said test well is which are obtained shall include the name and address of the well driller and shall be submitted with the plan to the Board.
2. 
If a private water supply is permitted, individual private wells shall be located at least 25 feet from property lines; 50 feet from all septic tanks approximately 100 feet from all tile disposal fields and other sewage disposal facilities; 10 feet from all cast iron sewer lines; 30 feet from any vitrified sewer tile lines; and shall not be located within any floor plan.
F. 
Sewers. Where the Township sewer system is reasonably accessible to the subdivision, the developer shall provide the subdivision with a complete sanitary sewer system to be connected to the Township sanitary system. Where the Township sewer system is not reasonably accessible to the subdivision, and in the judgment of the Board, extension of the Township sewage system to the subdivision will not take place in the foreseeable future, private sewage disposal systems on individual lots consisting of septic tanks and tile absorption fields, or an approved package plant sewage disposal system serving the subdivision may be permitted, subject to approval by the Health Department.
G. 
Utilities. Every lot in a subdivision shall be capable of being served by utilities, and the necessary easements shall be provided. Electric, gas and other utility distribution lines shall be installed within public rights-of-way or within properly designated easements. To the fullest extent possible, underground utility lines located in street rights-of-way shall not be installed beneath existing or proposed paved areas and in any case shall be installed prior to the placement of any paving.
H. 
Trees. Tress may be planted along the streets. The location and types of trees must meet the approval of the Board.
I. 
Street signs. Street name signs of a type adopted or approved by the Board shall be installed at each street intersection by the developer, on a location specified by the Engineer.

§ 440.05 Subdivision and development in floodprone areas.

[Ord. No. 429, passed 12-13-1995]
Chapter 230 of the Building Code, entitled "Floodplain Construction, Development and Management," is incorporated herein by reference.

§ 440.06 Penalties.

[Ord. No. 309, passed 6-27-1973]
A. 
Preventive remedies.
1. 
In addition to any 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. Such refusal may apply to any of the following:
(a) 
The owner of record at the time of 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.
(e) 
Any other person permitted by law.
3. 
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 real property, the Township may require compliance with the conditions that would be applicable to the property at the time the applicant acquired an interest in such real property.
B. 
Enforcement remedies.
1. 
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 per violation plus all court costs, including attorneys fees, incurred by the Township as a result thereof. If the defendant neither pays nor timely appeals the judgment, the Township may enforce such judgment pursuant to the applicable rules of civil procedure. Each day that a violation continues shall constitute a separate violation.
2. 
The Township shall retain all other preventive and enforcement remedies that it may be granted under the Pennsylvania Municipalities Planning Code or other applicable law.