Approval of the preliminary plan by the Board of Supervisors shall constitute approval of the subdivision and/or land development as to the character and intensity of the development and the arrangement and approximate dimensions of streets, lots and other planned features but shall not authorize the recording of the plan for the sale or transfer of lots. Approval of the preliminary plan shall be tentative only, and changes or modifications may subsequently be required if the Board of Supervisors determines such changes or modifications to be necessary for public safety or convenience. When the Board of Supervisors has approved a preliminary plan or has approved a preliminary plan subject to conditions acceptable to the applicant, no subsequent change or amendment in Chapter
165, Zoning, Chapter
145, Subdivision of Land, or other governing ordinances shall be applied to adversely affect the rights of the applicant to proceed to obtain final approval and commence and complete any aspect of the proposed subdivision and/or land development in accordance with the terms of the preliminary plan approval within five years from the date of such approval.
Subsequent to the approval of the final plan
by the Board of Supervisors, the subject tract of land shall not be
sold, transferred or improved except in strict conformity with the
provisions of the approved final plan.
Within 90 days after the approval of the final
subdivision or land development plan by the Board of Supervisors,
the applicant shall record the record plan in the office of the Recorder
of Deeds of Montgomery County and file with the Township a certification
that the plan has been recorded, indicating the book and page number.
If the applicant fails to have the plan recorded, the decision of
the Board of Supervisors shall become void unless the applicant shall
have obtained a written extension of time in which to have the plan
recorded. The developer shall proceed with the sale of lots and the
construction and/or sale of structures only after the record plan
has been recorded in the office of the Recorder of Deeds.
[Added 7-14-2005 by Ord. No. 2005-747]
When the Township requires escrow for site improvements,
as-built plans will also be escrowed. The applicant shall supply the
Township with one Mylar, one electronic set of as-built plans in a
pdf format with a minimum resolution of 300 dpi, and one electronic
set of as-built plans in either a DXF or DWG format. The DXF or DWG
plans shall comply with the format specifications outlined on a form
provided by the Township.
Lands subject to hazards of life, health or
property as may arise from fires, floods, diseases, subsidence or
other dangers, such as former landfill areas and areas of known sinkhole
activity, shall not be developed for purposes susceptible to such
hazards unless such hazards shall have been eliminated or the subdivision
and/or land development plan provides adequate safeguards against
such hazards.
[Added 4-17-1989 by Ord. No. 89-556]
A mortgage subdivision for the purpose of granting
separate and distinct mortgages on each parcel formed by a subdivision
shall be lawful even though each lot does not individually meet the
standards of this chapter or the requirements of the zoning district
in which the property is located, provided that:
A. The application for development plan approval proposes
the construction of more than one building on a lot.
B. The entire parcel to be used in common by two or more
of the buildings complies with lot area, building coverage, setback,
sewage disposal or other utilities, off-street parking, green area
and frontage requirements of applicable Township ordinances.
C. Documentary evidence shall be filed with the Township,
in a form satisfactory to the Township:
(1)
Assigning responsibility for the construction,
control and maintenance of the facilities and areas to be used in
common.
(2)
Containing irrevocable cross easements in favor
of all parcels within the area of the plan as respects the use, control
and maintenance of the facilities and areas to be used in common so
that each of the subdivided lots becomes an integral part of the entire
parcel.
(3)
Declaring that the interest of any mortgagee
and that of any transferee of the mortgaged property upon a default
on the mortgage shall be subject to the requirements of the plan,
the obligations and responsibilities as to the facilities and areas
to be used in common and the requirements of the cross easements so
that such mortgagee or transferee, in the event of a default and transfer
of title of the property, shall be bound by the same.
D. In the event of a subdivision for mortgage purposes, the entire area included within the plan shall continue to be treated by the Township as a single parcel for purposes of maintaining compliance with the requirements of the provision of this chapter and/or Chapter
165, Zoning.