A.
Short title. This chapter shall be known and may be
cited as the "Upper Merion Township Subdivision Ordinance of 1953."
B.
Purpose. The purpose of this chapter is to assure
sites suitable for building purposes and human habitation and to provide
for the harmonious development of the Township; for the coordination
of existing streets with proposed streets, parks or other features
of the Township Official Plan of Streets and Alleys; for adequate
open spaces for traffic, recreation, light and air; and for proper
distribution of population, thereby creating conditions favorable
to the health, safety, morals and general welfare of the citizens
of the Township.[1]
A.
Subdivision of a lot or construction, opening or dedication
of a street. No subdivision of any lot, tract or parcel of land shall
be effected and no street, alley, sanitary sewer, storm drain, 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 thereon except in strict
accordance with the provisions of this chapter and the subdivision
regulations adopted hereunder.
B.
Sale of lots, issuance of building permits or erection
of buildings. No lot in a 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, where required, recorded
and until either the required improvements in connection therewith
from the lot or building to an existing improved street have been
constructed or the Township has been assured by means of a proper
completion guaranty in the form of a bond or the deposit of funds
or securities in escrow sufficient to cover the cost of the required
improvements, as estimated by the Township Engineer, that the improvements
will subsequently be installed. Where, owing to special conditions,
a literal enforcement of this requirement would result in unnecessary
hardship, such reasonable exception thereto may be made as will not
be contrary to the public interest, and the sale of a lot, issuance
of a permit or erection of a building may be permitted subject to
conditions necessary to assure adequate streets and other public improvements.
[Amended 6-15-1987 by Ord. No. 87-517]
The land development and subdivision regulations
which are a part of this chapter shall be intended to carry out the
intent and purpose of this chapter and shall include definitions;
design standards for streets, private streets, sidewalks, blocks,
lots, recreational areas and community assets, monuments, storm drains,
culverts, bridges and sanitary sewers; grading, erosion and sediment
control; plan requirements and plan processing procedures for preliminary
and final plans; improvement construction requirements; and conditions
for the acceptance by the Township of streets, sanitary sewers and
other improvements. The regulations which are adopted as a part of
this chapter shall be amended by ordinance of the Board of Supervisors,
passed in accordance with the requirements of the Municipalities Planning
Code.
Ordinance No. 3, adopted March 17, 1947, and
all other ordinances and parts of ordinances inconsistent herewith
are hereby repealed.
[Amended 6-15-1987 by Ord. No. 87-517; 12-31-1991 by Ord. No.
91-593]
Any person, partnership or corporation who or which, being the owner or agent of the owner of any lot, tract or parcel of land, shall lay out, construct, open or dedicate any street, sanitary sewer, storm sewer, water main or other improvements for public use, travel or other purposes or for the common use of occupants of land or buildings abutting thereon or who sells, transfers or agrees or enters into an agreement to sell any land in a subdivision or land development, whether by reference to or by use of a plat of such subdivision or land development, or to erect any building thereon, unless and until a final plat has been prepared in full compliance with the requirements of this chapter and of the regulations which are a part of this chapter and has been recorded as provided herein, shall be guilty of a misdemeanor, and upon conviction thereof, such person or the members of such partnership or the officers of such corporation or the agent of any of them responsible for such violation shall pay a fine as set forth in Ch. 1, General Provisions, Art. III, General Penalty Provisions, per lot or parcel or per dwelling within each lot or parcel. All fines collected for such violations shall be paid to the Township treasury. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
