This chapter shall be known and may be cited
as the "Township of Pine Subdivision and Land Development Regulations."
The general purpose of this chapter is to promote
the health, safety, morals, and general welfare of the residents of
the Township, and the specific purposes are as follows:
A.
To assure sites suitable for building, subdivision,
land development and human habitation purposes;
B.
To provide for the harmonious and orderly development
of the Township and the integration of subdivision and land development
plans with the Comprehensive Plan;
C.
To provide adequate open space for traffic, recreation,
light and air;
D.
To provide the proper distribution of population;
E.
To reduce the adverse effect of development on the
environment;
F.
To establish equitable subdivision and land development
regulations and procedures; and
G.
To establish conditions for public improvements, which
must be met prior to the Township considering the acceptance of said
public improvements.
A.
All subdivisions and land developments shall be in
conformity with this chapter and all standards, specifications, rules
and regulations adopted as a part of or pursuant to this chapter.
B.
This chapter shall not apply to any lot or lots forming
a part of a subdivision created and recorded prior to the enactment
of this chapter unless said lots are redivided or resubdivided; nor
is it the intention of this chapter to repeal, abrogate, annul or
in any way impair or interfere with existing provisions of other laws
or ordinances, or with private restrictions placed upon property by
deed, covenant or other private agreement, or with restrictive covenants
running with the land to which the Township is a party; except that
where this chapter imposes greater restrictions upon the land than
are imposed or required by such existing provisions of law, ordinance,
contract or deed, it shall be interpreted that they are in addition
to the restrictions of such other existing regulation or ordinance.
The governing body is authorized, by resolution,
to adopt and amend reasonable rules, regulations and fee schedules
in connection with the administration of this chapter, and the applicant,
developer, landowner, resident property owner and subdivider are specifically
charged with the responsibility of knowing and complying with said
rules, regulations, standard details and fee schedules.
A.
No zoning permit shall be issued for any subdivision,
land development or use upon any lot until a subdivision or land development
plan has been submitted, reviewed and approved in accordance with
the following provisions; provided, however, that existing structures
where only the occupancy is being changed without any change in the
use category or new construction or addition to structures and without
change in the site are exempt from this requirement.
B.
For purposes of this chapter, "land development" shall
be defined to include any of the following activities:
(1)
The improvement of one lot or two or more contiguous
lots, tracts or parcels of land for any purpose involving:
(a)
A group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building on a lot or lots regardless of the number
of occupants or tenure; or
(b)
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, condominiums, building groups or other features.
(2)
A subdivision of land.
C.
No subdivision of any lot, tract or parcel of land
shall be effected and no land development shall be effected and no
street 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 and with the provisions of any
other chapters of the Township of Pine Code which are incorporated
herein by reference. Any such referred-to and incorporated-by-reference
provisions shall be applicable to the uses of land regulated herein
as if said referred-to and incorporated provisions were set forth
in their entirety in this chapter.
D.
No lot in a subdivision may be sold, no permit to
occupy, erect, alter or repair or remove any structure upon land in
a subdivision or land development may be issued and no structure may
be erected in a subdivision or land development unless and until a
subdivision plat or land development plan has been approved and, where
required, recorded and until the completion of the required improvements
in connection therewith has been completed or assured by means of
a proper completion guaranty as required by this chapter, provided,
notwithstanding said completion guaranty, that no permanent structure
shall be occupied until construction of the required improvements
has been completed and dedicated and the governing body has accepted
said improvements.
E.
No consideration of or action on any application will
occur until all fees are paid and the application is filed in accordance
with the provisions of this chapter.
F.
No lot in a subdivision will be sold and no physical
aspect of land development will be started until the required improvements
have actually been completed or assured by a completion guaranty in
accordance with this chapter and a final plan has been approved and,
if required, recorded.
A.
If any court of competent jurisdiction shall adjudge
any provision of this chapter to be invalid, such judgment shall not
affect any other provisions of this chapter.
B.
If any court of competent jurisdiction shall adjudge
invalid the application of any provision of this chapter to a particular
property, building, or structure, such judgment shall not affect the
application of the said provision to any other property, building,
or structure.
This chapter shall become effective from the
date of its adoption. Whenever used in this chapter, the term "effective
date" shall mean adoption date (reference only).
