A.
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:
(2)
Final plans of such subdivision or land development
have been submitted to and approved in writing thereon by the Board
of Supervisors.
(3)
Final plans of such subdivision or land development
have been reviewed and signed by the Bucks County Planning Commission.
(4)
Final plans of such subdivision or land development
have been recorded in the Bucks County Recorder of Deeds' office in
Doylestown, Pennsylvania.
(5)
The improvements required by the Board of Supervisors
in connection therewith have either been constructed or the Board
of Supervisors has been assured of their 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.
B.
Sale of lots; issuance of building permits; erection
of buildings.
(1)
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 municipal improvements required by the Board of Supervisors
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.
(2)
No building in a subdivision or land development which
depends for ingress and egress upon the improvement of any street
or streets herein provided for 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.
(3)
No building depending upon public water and sewer
facilities shall be permitted to be occupied before such facilities
are fully provided and operational.
C.
Approval not required. Divisions of land by lease
for agricultural purposes into parcels of more than 10 acres not involving
any new streets or easements of access or any residential dwelling
shall be exempted from the subdivision provisions of this chapter.
D.
Restrictions against further subdivision.
[Added 6-7-1994 by Ord. No. 238]
(1)
Any real property within Doylestown Township which
is the subject of a restriction against further subdivision and/or
development, whether by notation or inclusion on a subdivision plan
and/or by a deed restriction, or other similar instrument or restriction,
shall not be further subdivided or developed regardless of any intervening
zoning change affecting the property in question.
(2)
Where open space and/or a recreation area is designated
on a subdivision plan or is restricted from further subdivision and/or
development by a note on a subdivision plan or by restriction in a
deed, the open space and/or recreation area shall not be further subdivided
and/or developed regardless of any intervening zoning change affecting
said property.
Any person, partnership or corporation who shall
violate any of 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 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 District
Justice. 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 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 the
ordinance 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.
A.
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 transferrer from such penalties or
from the remedies provided herein.
B.
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 any 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: the owner of record at the
time of such violation; 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; 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; or 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.
