It is the intention of the Board of Supervisors
to exercise, through adoption of this chapter, the maximum lawful
jurisdiction over subdivision and land development permitted by the
Pennsylvania Municipalities Planning Code,[1] its amendments or successors. Without limitation, in the
exercise of this power, the following are subject to the provisions
hereof:
A.
Any subdivision.
B.
Any land development.
C.
Any resubdivision.
D.
The Conservation Design Overlay standards apply to all divisions of a parent tract within the AAAA, AAA, AA, and A Residential Districts. The maximum number of lots that can be created shall be consistent with the site capacity calculations as contained in § 116-273, “Site capacity calculations,” of the Whitemarsh Township Zoning Ordinance (the Zoning Ordinance).
[Added 4-6-2006 by Ord. No. 811]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
A.
This chapter shall be enforced by the person or agency
specifically so directed in any provision hereof, or by the Manager,
or by any person or agency designated by the Board of Supervisors
or Manager from time to time.
B.
Inspection of actual construction under any approved
subdivision plan shall be the sole responsibility of the Township,
which shall undertake reasonable measures to provide an adequate inspection
of all projects.
C.
Any action not in accordance with the provisions of
this chapter shall be subject to a cease-and-desist order and other
appropriate measures necessary to obtain or produce compliance with
this chapter.
A.
The Board of Supervisors shall establish a schedule
of fees and a collection procedure for all applications and other
matters pertaining to these regulations. The applicant shall be required
to submit an additional fee to the Montgomery County Planning Commission
to cover the review process as outlined in the Montgomery County Planning
Commission Fee Schedule. No action shall be taken until all fees are
paid and the applications are properly signed.
B.
Applicants shall furnish an escrow fund sufficient
to pay all fees and costs required by this chapter. The escrow fund
shall be paid when preliminary plans (or final plans) are submitted
for review and approval. Application fees shall be fixed by the Board
of Supervisors by resolution from time to time. The escrow fund shall
be sufficient to guarantee the payment of:
(1)
The services of the Township Engineer and Township
Solicitor related to review and consideration of the application,
and all other costs for engineering, traffic surveys and professional
certification deemed necessary by the Board of Supervisors in reviewing
plans.
(2)
The actual cost of all drainage, water and material
tests.
(3)
The cost of Township inspection services.
(4)
Legal fees, advertising and other costs involved in
the dedication of streets, easements and public improvements to the
Township.
(5)
Actual costs of recording.
No lot, unit or other section of a subdivision
shall be sold, leased or otherwise transferred, nor shall a building
permit be issued unless a final plan has been approved and recorded.
[Amended 12-9-1982 by Ord. No. 447; 11-16-1989 by Ord. No.
584]
A.
The Board of Supervisors may waive or modify any mandatory
provision of this chapter when the literal compliance with a mandatory
provision is shown to the satisfaction of the Board of Supervisors
to be unreasonable or to cause undue hardship because of peculiar
conditions pertaining to the land in question, provided that a modification
will not be contrary to the public interest, or when an alternative
standard can be demonstrated to provide equal or better results.
B.
All requests for modification shall be in writing
and shall accompany and be a part of the subdivision or land development
application. The request shall:
[Amended 12-9-1982 by Ord. No. 447]
Any division of land for agricultural purposes into parcels of more than 10 acres and not involving any new street or easement of access or residential dwellings shall be exempt from this chapter, except as provided under § 105-18.
