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, its amendments or successors. Without limitation, in the
exercise of this power, the following are subject to the provisions
hereof:
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]
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:
(1) State in full the grounds and facts of unreasonableness
or hardship on which the request is based.
(2) State the provision or provisions of the chapter involved.
(3) State the minimum modification necessary to overcome
the unreasonableness or hardship.
[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.