No subdivision or land development of any lot, tract or parcel of land
shall be made and no street, sanitary sewer, storm sewer, water main or other
improvements in connection therewith shall be laid out, constructed, opened
or dedicated for public use or travel, or for the common use of occupants
of buildings, abutting thereon, except in strict accordance with the provisions
of this chapter.
Within 90 days after the date of approval of the final plan, the entry
into agreements as to financial and other responsibilities in regard to the
necessary grading, paving and other street improvements of the subdivision
or land development plat, the applicant shall record an approved duplicate
original copy of all of the above plans and documents in the office of the
Recorder of Deeds of the County of Lycoming, and furnish the governing body
a recorder's certificate that said plans and documents are properly recorded.
The Recorder of Deeds shall not accept said plans and documents unless they
bear official evidence of approval of the governing body.
A.
After any approved subdivision or land development plat
shall have been officially recorded, the streets, public grounds, and other
public improvements shown thereon shall be so considered to be a part of the
official plan of the municipality.
B.
Streets, public grounds, easements and other public improvements
shown on a subdivision or land development plat to be recorded may be offered
for dedication to the municipality by formal notation thereof on the plan,
or the owner may note on such plan that any such improvements have not been
offered for dedication to the municipality.
C.
Every street, public grounds and other improvement shown
on a subdivision or land development plat that is recorded as provided herein
shall be deemed to be a private street, park or improvement, until such time
as the same shall have been offered for dedication to the municipality and
accepted by ordinance or resolution, or until it shall have been condemned
for use as a public street, park or other improvement.
D.
The recording of the plat shall not constitute grounds
for assessment increases until such time as lots are sold or improvements
are installed on the land included within the subject plat.
No lot in a subdivision or land development may be sold, and no permit
to erect, alter or repair any building upon land in a subdivision or land
development shall be issued, unless and until a plat of such subdivision or
land development shall have been approved and properly recorded, and until
improvements required by the governing body shall have been constructed or
guaranteed as herein provided. Where owing to special conditions, a literal
enforcement of this provision would result in unnecessary hardship, the governing
body may make such reasonable exception thereto as will not be contrary to
the public interest, and may permit sale of a lot, issuance of a permit or
erection of a building subject to conditions necessary to assure adequate
streets and other public improvements.
A.
The governing body shall not approve any subdivision
or land development plat, except in strict conformance with the provisions
of this chapter.
B.
The governing body may alter any subdivision or land
development plat and specify alterations, changes or modifications therein
which it deems necessary, and may make its approval subject to such alterations,
changes or modifications.
C.
No road, street, lane, alley or related improvement shall
be accepted as a part of the highway system of the municipality or for maintenance
unless opened, laid out, graded and improved in strict accordance with standards
and specifications of the municipality.
D.
Before acting to approve any subdivision or land development
plat, the governing body may arrange a public hearing thereon, after giving
such notice as may be deemed desirable in each case. If a public hearing has
been held upon a preliminary plat, a public hearing shall not be required
upon the final plat unless the final plat departs substantially from the preliminary
plat or plan.
E.
Before approving any subdivision or land development
plat, the governing body shall require a written agreement that the necessary
grading, paving, street improvements, curbs, sidewalks, streetlights, fire
hydrants, water mains and sanitary sewers, as may be required by the governing
body, shall be installed in strict accordance with the standards and specifications
by the applicant within a specified time period. The written agreement shall
include a bond, deposit of funds or other securities sufficient in amount
as shall be determined by the Municipal Engineer and acceptable to the governing
body, to cover the cost of such improvements.
F.
Release from improvement bond.
(1)
When the developer has completed all of the necessary
and appropriate improvements, the developer shall notify the governing body,
in writing, by certified or registered mail, of the completion of the aforesaid
improvements, and shall send a copy thereof to the Municipal Engineer. The
governing body shall, within 10 days after receipt of such notice, direct
and authorize the Municipal Engineer to inspect all of the aforesaid improvements.
The Municipal Engineer shall, thereupon, file a report, in writing, with the
governing body, and shall promptly mail a copy of the same to the developer
by certified or registered mail. The report shall be made and mailed within
30 days after receipt by the Municipal Engineer of the aforesaid authorization
from the governing body; said report shall be detailed and shall indicate
approval or rejection of said improvements, either in whole or in part, and
if said improvements, or any portion thereof, shall not be approved or shall
be rejected by the Municipal Engineer, said report shall contain a statement
of reasons for such nonapproval or rejection.
(3)
If the governing body or the Municipal Engineer fails
to comply with the time limitation provisions contained herein, all improvements
will be deemed to have been approved and the developer shall be released from
all liability, pursuant to its performance guaranty bond.
(4)
If any portion of said improvements shall not be approved
or shall be rejected by the governing body, the developer shall proceed to
complete the same and, upon completion, the same procedure of notification
as outlined herein shall be followed.
(5)
Nothing herein, however, shall be construed in limitation
of the developer's right to contest or question, by legal proceeding or otherwise,
any determination of the governing body or the Municipal Engineer.
G.
Remedies to effect completion of improvements. In the
event that any improvements which are required have not been installed as
provided in this chapter, or in accord with the approved final plat, the governing
body of Loyalsock Township may enforce any corporate bond or other security
by appropriate legal and equitable remedies. If proceeds of such bond or other
security are insufficient to pay the cost of the installing or making repairs
or corrections to all the improvements covered by said security, the governing
body may, at its option, install part of such improvements in all or part
of the subdivision or land development and may institute appropriate legal
or equitable action to recover the moneys necessary to complete the remainder
of the improvements. All of the proceeds, whether resulting from the security
or from any legal or equitable action brought against the developer, or both,
shall be used solely for the installation of the improvements covered by such
security, and not for any other municipal purpose. The developer shall agree
that he will:
(1)
Install all utilities, including but not limited to sanitary
and storm sewers, before paving any street, or before curbs or sidewalks are
constructed.
(2)
Notify the municipality 24 hours before the contemplated
installation or performance of any work requiring municipal inspection.
(3)
Pay all inspection expenses which the municipality may
incur.
(4)
After all streets, curbs, sidewalks and sewers are completed,
and such completion is certified as satisfactory by the Municipal Engineer,
if requested, tender a deed of dedication to the municipality for such streets
and any and all easements for sanitary sewers or storm sewers as are required
for the promotion of the public welfare.
[Amended 4-27-1989 by Ord.
No. 216]
Any person, partnership or corporation who or which being the owner
or agent of the owner of any lot, tract or parcel of land shall lay out, construct,
operate or dedicate any street, sanitary sewer, storm sewer, water main or
other improvements for public use, travel or other purposes 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 plat of such subdivision
or land development or otherwise, or erect any building thereon, unless and
until a final plat has been prepared in full compliance with the provisions
of this chapter and of the regulations adopted hereunder and has been recorded
as provided herein, shall be considered in violation of this chapter. Any
person, partnership or corporation who or which has violated the provisions
of this chapter shall, upon being found liable therefore in a civil enforcement
proceeding commenced by the township, pay a judgment of not more than $500
plus all court costs, including reasonable attorney fees incurred by the township
as a result thereof. No judgment shall commence or be imposed, levied or payable
until the date of the determination of a violation by the district magistrate.
If the defendant neither pays nor timely appeals the judgment, the township
may enforce the judgment pursuant to the applicable rules of civil procedure.
Each day that a violation continues shall constitute a separate violation,
unless the district magistrate 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
violations, 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.
[Added 4-27-1989 by Ord.
No. 216]
In addition to other remedies, Loyalsock 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.
It shall be the duty of the Building Inspector, Zoning Officer, or other
official designated by the governing body, and he is hereby given the power
and authority to enforce the provisions of this chapter. The Building Inspector
or other designated official shall require that the application for a building
permit shall contain all information necessary to enable him to ascertain
whether the proposed building, alteration or use is located in an approved
final plat. No building permit shall be issued until the Building Inspector
or other designated official has certified that the site for the proposed
building, alteration or use complies with all the provisions of this chapter
and conforms to the site description as indicated on the approved and recorded
final plat.
[Amended 4-27-1989 by Ord.
No. 216]
The decisions of the governing body with respect to the approval or
disapproval of plats are to be appealed to court in accordance with the provisions
of Act 247, the Pennsylvania Municipalities Planning Code, as amended by Act
170 of 1988.
In any case where a provision of this chapter is found to conflict with the provisions of Chapter 215, Zoning, Chapter 100, Building Construction, Chapter 121, Fire Prevention, or other safety or health ordinance or code of this municipality or law, rule or regulation of the Commonwealth of Pennsylvania, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. In any case where a provision of this chapter is found to be in conflict with the provisions of another ordinance or code of this municipality, or law, rule or regulation of the Commonwealth of Pennsylvania which establishes a lower standard for the promotion and protection of the health and safety of the people, the provisions of this chapter shall be deemed to prevail, and such other ordinances or codes are hereby declared to be repealed to the extent that they may be found in conflict with this chapter.
