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.[1]
[1]
Editor’s Note: Former Subsections J, K and L, all of
which concerned regulation of land within any designated floodplain
district and which immediately followed this subsection, were deleted
3-16-2015 by Ord. No. 2015-6.
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.
A.
Subdivision and land development control. It shall be unlawful for
the owner of any land in the Township or any other person, firm or
corporation 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 sewer, storm sewer, drainage facilities or other facilities
in connection therewith or for the common use of occupants of buildings
within the subdivision or land development unless and until final
plans of such subdivision or development have been prepared by a registered
land surveyor, submitted to and approved, in writing, by the Township
Board of Supervisors and recorded in the Bucks County Recorder of
Deeds' office in Doylestown, Pennsylvania.
B.
Sale of lots, issuance of building permits, and erection of buildings.
(1)
No lot in a subdivision may be sold 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.
(2)
No building in a subdivision or land development depending for ingress
and egress upon the improvement of any street or streets herein provided
for shall be permitted to be occupied before improvements are fully
completed including but not limited to street paving, building numbers,
grading, stormwater improvements, stabilization, service walks, landscaping/buffering
within growing seasons months (May to September), utilities, parking
spaces, and any other improvement as deemed required for safety.
[Amended 4-17-2023 by Ord. No. 2023-01]
(3)
No building depending upon public water and sanitary sewer facilities
shall be permitted to be occupied before such facilities are fully
provided and operational, and no building depending upon private water
and sanitary sewer facilities shall be permitted to be occupied until
the installation is approved by the Bucks County Health Department.
[Amended 4-17-2023 by Ord. No. 2023-01]
C.
Fractional proportions of lots shown on a subdivision plan which
has received final approval in accordance with the requirements of
this chapter may be conveyed without the approval of a minor subdivision
plan, provided that:
(1)
The portions of such lots are added to the contiguous lot or lots
for the purpose of such conveyances.
(3)
Prior to such conveyance, the owner of the subject property files with the Township Secretary's office for review and approval by the Zoning Officer at least three prints of a survey plan prepared by a registered surveyor showing all lots affected and the new subdivision lines in such a way as to indicate conformance to Subsection C(1) and (2) hereof; the plan shall be recorded in accordance with § 163-24C(7) of this chapter.
(4)
The lot line adjustments will still require the submission of the
plan to the Bucks County Planning Commission and Township Planning
Commission for review as well as the Township Supervisors for approval.
[Amended 4-17-2023 by Ord. No. 2023-01]
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.
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 transferor from such penalties or from
the remedies herein provided.
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 this chapter.
(1)
This authority to deny such a permit or approval shall apply to any
of the following applicants:
(a)
The owner of record at the time of such violation.
(b)
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.
(c)
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.
(d)
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.
(e)
An equitable owner who has an agreement to purchase the property
from a person, partnership, corporation, or other entity falling under
one of the previous four categories of applicants.
(2)
As an additional condition for the issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the Township may require
compliance with the conditions that would have been applicable to
the property at the time the applicant acquired an interest in such
real property.
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.
