The title of this chapter is “An ordinance establishing
the rules, regulations, and standards governing subdivision and land
development within the Township, setting forth the procedures to be
followed by the Township Planning Commission and Board of Supervisors
in administering these rules, regulations and standards, and setting
forth the penalties for the violation thereof as established by the
Commonwealth of Pennsylvania.”
This chapter may be cited as the "Warwick Township Subdivision
Regulations."
The purpose of this chapter is to regulate and control the division
and development of land within Warwick Township, in order to promote
the public health, safety, morals and general welfare of the community.
It is the intent, purpose and scope of this chapter are to protect
and promote the safety, health, and welfare of Warwick Township; to
accomplish a coordinated development of Warwick Township; to provide
for the general welfare by guiding and protecting amenity, convenience,
future governmental, economic, practical and social and cultural facilities,
development and growth, as well as improvement of governmental processes
and functions; to guide uses of land and structures, type and location
of streets, placement of public grounds and other facilities; and
to permit the Township to minimize such problems as may presently
exist or which may be foreseen and to specifically regulate the division
and development of land as to:
A. Regulate the flow of traffic in the streets and highways.
B. Further the orderly and appropriate use of land.
C. Secure safety from fire, panic and other dangers.
D. Facilitate adequate provision of transportation, water, sewerage,
schools, parks, playgrounds and other public facilities.
E. Ensure sites suitable for building purposes and human habitation
and provide for the harmonious development of Warwick Township.
F. Coordinate existing streets with proposed streets, parks or other
features of the Township.
G. Ensure adequate open space, traffic, recreation, light and air.
H. Provide proper distribution of population.
I. Give effect to the policies and proposals of the Comprehensive Plan
for Warwick Township.
The provisions of this chapter shall be held to be the minimum
requirements to meet the above-stated purposes. Where the provisions
of this chapter impose greater restrictions than those of any other
statute, ordinance or regulation, the provisions of this chapter shall
prevail. Where the provisions of any other statute, ordinance or regulation
impose greater restrictions than those of this chapter, the provisions
of such statute, ordinance or regulation shall prevail.
Any person or entity who or which, being the owner of or agent
of the owner of any lot, tracts 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
of or for the common use of occupants of 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 other use of a plot of such subdivision or land development;
or who commences site grading or construction of improvements prior
to recording of a final plan, unless and until a final plan has been
prepared in full compliance with the provisions of this chapter and
has been recorded as proposed herein; or who in any way is in violation
of or violates any of the provisions of this chapter shall be subject
to the following:
A. Any landowner, person or the members of such partnership or the officers
of such corporation or the agent of any of them who or which shall
violate the provisions of this chapter shall be responsible for such
violation upon the conviction thereof in a civil judgment and shall
be sentenced to pay a judgment of not more than $500 per lot or parcel
or per dwelling within each lot or parcel, plus court costs and reasonable
attorneys' fees incurred by the Township. The Township may enforce
the judgment pursuant to 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 this chapter 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.
B. Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
The District Justice shall have original jurisdiction for all proceedings initiated pursuant to §
163-7A of this chapter. Jurisdiction for all other enforcement actions, including all forms of equitable relief, shall rest with the Court of Common Pleas of Bucks County or such other court as directed by federal or state law.
The grant of a permit or approval of a plan for any proposed
subdivision and/or land development shall not constitute a representation,
guaranty or warranty of any kind by the Township or by any official,
consultant, agent, or employee thereof of the practicability or safety
of the proposed use and shall impose no liability upon the Township,
its officials or employees.