[Ord. 6-98, 9/1/1998, § 101]
This chapter shall be known as the "Richmond Township Subdivision
and Land Development Ordinance."
[Ord. 6-98, 9/1/1998, § 102]
1.
These regulations are adopted for the following purposes:
A.
To protect and provide for the public health, safety and general
welfare of Richmond Township.
B.
To guide the future growth and development of Richmond Township.
C.
To provide for adequate light, air and privacy; to secure safety
from fire, flood and other danger; and to prevent overcrowding of
the land and undue congestion of population.
D.
To protect the character and social and economic stability of Richmond
Township and to encourage the orderly and beneficial development of
Richmond Township.
E.
To protect and conserve the value of land throughout Richmond Township,
and the value of buildings and improvements upon the land and to minimize
the conflicts among the uses of land and buildings.
F.
To guide public and private policy and action in order to provide
adequate and efficient transportation, water supply, sewerage, storm
water management, schools, parks, playgrounds, recreation, and other
public requirements and facilities.
G.
To provide the most beneficial relationship between the uses of land
and buildings and the circulation of traffic within Richmond Township,
having particular regard to the avoidance of congestion in the streets
and highways, and the pedestrian traffic movements appropriate to
the various uses of land and buildings, and to provide for the proper
location and width of streets and building lines.
H.
To establish reasonable standards of design and procedures for subdivision
and resubdivisions, in order to further the orderly layout and use
of land; and to insure proper legal descriptions and monumenting of
subdivided land.
I.
To insure that public facilities are available and will have a sufficient
capacity to serve the proposed subdivision.
J.
To prevent the pollution of air, streams and ponds; to assure the
adequacy of drainage facilities; to safeguard the water table; and
to encourage the wise use and management of natural resources in order
to preserve the community and value of the land.
K.
To control stormwater in a manner consistent with the Tioga County
stormwater management plan.
L.
To regulate the subdivision and/or development of land within any
designated floodplain district in order to promote the general health,
welfare and safety of the community.
M.
To require that each subdivision lot in flood-prone areas include
a safe building site with adequate access; and that public facilities
which serve such uses be designed and installed to minimize flood
damage.
N.
To protect individuals from buying lands which are unsuitable for
use because of flooding by prohibiting the improper subdivision and/or
development of unprotected lands within the designated floodplain
districts.
O.
To preserve the natural beauty and topography of Richmond Township
and to ensure appropriate development with regard to these natural
features.
P.
To provide for open spaces through efficient design and layout of
the land.
Q.
And finally, to ensure that documents prepared as part of a land
ownership transfer fully and accurately describe the parcel of land
being subdivided, and the new parcels thus created.
[Ord. 6-98, 9/1/1998, § 103]
1.
Authority of the Board of Supervisors. The Board of Supervisors of
Richmond Township is vested by law with the control of the subdivision
of land and land development within Richmond Township by 53 P.S. § 10101
et seq., the Pennsylvania Municipalities Planning Code. The Board
of Supervisors shall retain the authority to approve all subdivision
plans and land development plans as required herein.
2.
Authority of the Township Planning Commission. The Township Planning
Commission is hereby designated by the Board of Supervisors as an
agency which shall review and make recommendations on preliminary
and final subdivision and land development plans as required herein,
prior to action by the Board of Supervisors, and, when provided by
ordinance, make other recommendations.
[Ord. 6-98, 9/1/1998, § 104]
1.
Subdivision Control. No subdivision, as herein defined, of any lot, tract or parcel of land shall be effected and no street, alley, sanitary sewer, storm sewer, water main or 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 or to abut 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 by the Board of Supervisors in connection therewith have either been constructed or guaranteed as herein provided in § 22-612.
2.
Land Development Control.
A.
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 plans, 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.
B.
Land development plans shall indicate the location of each structure
and clearly define each unit and shall indicate public easements,
common areas and improvements, all easements appurtenant to each unit,
and improvements to public rights-of-way. Developments are subject
to the zoning regulations as they apply to use and density requirements,
setbacks, parking and other features, and the same shall be indicated
on the land development plan.
[Ord. 6-98, 9/1/1998, § 105]
1.
Interpretation. In interpreting and applying the provisions of this
chapter, they shall be held to be the minimum requirements for the
promotion of public health, safety, comfort, convenience and general
welfare.
2.
Conflict with Public and Private Provisions.
A.
Public Provisions. Where any provision of this chapter impose 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.
B.
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 the 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 Board of Supervisors
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.
3.
Municipal Liability. The grant of a permit or approval of a plan
for any proposed subdivision and/or land development to be located
within any identified floodplain area or district shall not constitute
a representation, guarantee or warranty of any kind by Richmond Township
or by any official or employee thereof of the practicability or safety
of the proposed use, and shall create no liability upon Richmond Township,
its officials or employees.
[Ord. 6-98, 9/1/1998, § 106]
1.
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 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.
2.
All requests for modification shall be in writing and shall accompany
and be 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 this
chapter involved and the minimum modification necessary.
3.
The request for modification shall be referred to the Planning Commission
for advisory comments.
4.
The Board of Supervisors shall keep a written record of all action
on all requests for modifications.
[Ord. 6-98, 9/1/1998, § 107]
1.
In addition to other remedies, Richmond 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 transferror from such penalties or
from the remedies herein provided.
2.
Richmond 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:
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.
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 such real property, Richmond 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.
[Ord. 6-98, 9/1/1998, § 108]
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 Richmond Township,
pay a judgment of not more than $500 plus all court costs, including
reasonable attorney fees incurred by Richmond 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 judgement,
Richmond 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.
2.
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.
3.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than Richmond Township the
right to commence any action for enforcement pursuant to this section.
4.
District justices shall have initial jurisdiction in proceedings
brought under this section.
