All proposed subdivisions or land developments
shall be coordinated and planned so as to be compatible with adjoining
or nearby neighborhoods or approved subdivisions or land developments
to the end that harmonious development will result. Such coordination
shall also pertain to subdivisions or land developments located adjacent
to neighboring municipalities.
All work and materials shall be subject to inspection
for conformity with the terms of this chapter by the Township Engineer,
Building Inspector, Plumbing Inspector or designated representatives.
A.
When any work or materials are determined by the Township's
representative not to be in compliance with the terms of this chapter
or any other Township ordinance, code, regulation, plan or map or
to be at variance with any permit issued therefor, the Township's
representatives may, by notice in writing or verbal order followed
by notice in writing, direct that all work upon improvements in the
subdivision or land development forthwith stop until such noncompliance
or variance is corrected; except as the Township's representative
may deem necessary to prevent injury or damage to persons or property,
no work shall thereafter be performed upon the same except in accordance
with the order of the Township's engineer, Building Inspector or designated
representative.
B.
No underground pipes, works, lines, structures, subgrades
or base courses shall be covered until the same shall be inspected
and approved by the Township Engineer, and if the same have been covered
contrary to the provisions hereof, upon the order of the Township
Engineer, the landowner or developer shall cause the same to be forthwith
uncovered, at his expense, so as to permit the inspection thereof.
C.
When an inspection of any improvements shall be required
or desired by the landowner or developer, the landowner or developer
shall give the Township Engineer 48 hours' notice in advance.
When a subdivision and/or land development plan
has been approved and recorded in accordance with the provisions of
this chapter and the improvements thereon completed and approved by
the Board of Supervisors or, in lieu thereof, an improvement bond
or other security has been furnished the Township, the purchasers
and mortgagees of lots in the subdivision or land development shall
be relieved of any and all liability for any deficiency in, lack of
or failure to complete said improvements by the landowner or developer,
and any failure to complete or properly complete said improvements
shall not encumber any lot or lots in said subdivision or land development.
Before acting upon any subdivision and/or land
development plan, the Board of Supervisors may conduct a public hearing
thereon pursuant to public notice.
The landowner and/or developer shall notify,
in writing, all builders and/or contractors that they shall perform
all work in accordance with the regulations and requirements of this
chapter and such other Township ordinances, codes, regulations, plans
and maps as shall be applicable thereto. Such notification shall be
submitted to the Township prior to construction and placed on file.
The Planning Commission may recommend to the
Board of Supervisors that the site requirements of this chapter for
a subdivision and/or land development be modified or altered in order
to encourage or promote economy and ingenuity in the layout and design
of subdivisions and land development, to more effectively protect
unique and/or sensitive natural areas or to more effectively conform
to the purposes of this chapter as follows:
A.
With respect to encouraging or promoting economy and
ingenuity in the layout and design of subdivisions and land developments,
the Planning Commission may recommend modifications to site requirements
for, but not limited to, the following types of proposals:
B.
With respect to more effectively protecting various
sensitive natural areas, the Planning Commission may recommend modifications
to site requirements for, but not limited to, the following types
of proposals:
(1)
Those which would more effectively protect existing
tree growth, especially notable trees and tree masses with indigenous
vegetation.
(2)
Those which would minimize extensive grading and the
displacement of soil.
(3)
Those which would enhance groundwater recharge.
(4)
Those which would minimize surface water runoff and
improve the management of stormwater.
(5)
Those which would preserve historic or cultural sites
or structures.
(6)
Those which would minimize visibility of development
and protect the visual quality of ridges and other exposed areas.
C.
In granting modifications to the landowner or developer,
the Board of Supervisors may impose such conditions as will, in its
judgment, secure substantially the objectives of the standards or
requirements so varied or modified.
D.
In addition to the foregoing, one or more provisions
of this chapter may be modified by the Board of Supervisors upon recommendation
of the Planning Commission if the literal enforcement of the provisions
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.
(1)
All requests for a modification shall be in writing
and shall accompany and be a part of the preliminary or final plan
application for subdivision and/or land 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.
(2)
The Planning Commission shall keep a written record
of all action on all requests for modifications.
(3)
The Board of Supervisors may authorize a waiver of
these regulations. In granting any modification, the Board of Supervisors
shall prescribe any conditions that they deem necessary to or desirable
for the public interest. In making its findings, the Board of Supervisors
shall take into account the nature of the proposed use of land and
the existing use of land in the vicinity and the probable effect of
the proposed subdivision and/or land development upon traffic conditions,
fire, police protection and other utilities and services in the vicinity.
No modification shall be granted unless the Supervisors find:
(a)
That there are special circumstances or conditions
affecting said property such that the strict application of the provisions
of this chapter would deprive the applicant of the reasonable use
of this land.
(b)
That the modification is necessary for the preservation
and enjoyment of a substantial property right of the applicant.
(c)
That the granting of the modification will not
be detrimental to the public welfare or injurious to other property
in the area in which said property is situated.
