This chapter shall be known as the "Derry Township Subdivision and Land Development Ordinance."
These regulations are adopted for the following purposes:
A. 
To protect and provide for the public health, safety, and general welfare of the Township of Derry.
B. 
To guide the future growth and development of Derry Township in accordance with the Comprehensive Plan for the Township of Derry.
C. 
To provide for adequate light, air and privacy; to secure safety from fire, flood and other danger, and to prevent overcrowding of the land and undue congestion of population.
D. 
To protect the character and social and economic stability of the Township of Derry and to encourage the orderly and beneficial development of the Township of Derry.
E. 
To protect and conserve the value of land throughout the Township of Derry, and the value of buildings and improvements upon the land and to minimize the conflicts among the uses of land and buildings.
F. 
To guide public and private policy and action in order to provide adequate and efficient transportation, water supply, sewerage, schools, parks, playgrounds, recreation, and other public requirements and facilities.
G. 
To provide the most beneficial relationship between the uses of land and buildings and the circulation of traffic within the Township, having particular regard to the avoidance of congestion in the streets and highways, and the pedestrian traffic movements appropriate to the various uses of land and buildings, and to provide for the proper location and width of streets and building lines.
H. 
To establish reasonable standards of design and procedures for subdivision and resubdivisions, in order to further the orderly layout and use of land; and to insure proper legal descriptions and monumenting of subdivided land.
I. 
To insure that public facilities are available and easements are available and will have a sufficient capacity to serve the proposed subdivision or land development.
J. 
To prevent the pollution of air, streams and ponds, to assure the adequacy of drainage facilities, to safeguard the water table, and to encourage the wise use and management of natural resources in order to preserve the community and value of the land.
K. 
To preserve the natural beauty and topography of the Township and to ensure appropriate development with regard to these natural features.
L. 
To provide for open spaces through efficient design and layout of the land.
M. 
And finally, to ensure that documents prepared as part of a landownership transfer fully and accurately describe the parcel of land being subdivided, and the new parcels thus created.
A. 
Authority of the Township. The Township of Derry is vested by law with the control of the subdivision of land and land development with the Township by Act 247 of 1968, the Pennsylvania Municipalities Planning Code, as amended.[1] The Township shall retain the authority to approve or deny all subdivision plans and land development plans as required therein.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
Authority of the Township Planning Commission. The Derry Planning Commission is hereby designated by the Township as an agency which shall review and make recommendations on preliminary and final subdivision and land development plans as required herein, prior to action by the Township, and, when provided by ordinance, make other recommendations.
A. 
Subdivision control. No subdivision, as herein defined, of any lot, tract or parcel of land shall be effected and no street, alley, sanitary sewer, storm sewer, water main or other facilities 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 or abut thereon, except in strict accordance with the provisions of this chapter. No lot in any subdivision may be sold, and no permit to erect, alter or repair any building upon land in a subdivision may be issued; and no building may be erected in a subdivision, unless and until a subdivision plan has been approved and recorded; and until the improvements required by the Township in connection therewith have either been constructed or guaranteed as herein provided in § 186-43.
B. 
Land development control.
(1) 
Land development, as herein defined, must comply with the regulations contained herein. Such compliance shall include, but not be limited to, the filing of preliminary and final plats, the dedication and improvement of rights-of-way, streets and roads, and the payment of fees and charges as established by resolution of Township.
(2) 
Land development plans shall indicate the location of each structure and clearly define each unit and shall indicate public easements, common areas, and improvements, all easements appurtenant to each lot, and improvements to public rights-of-way. Developments are subject to the zoning regulations as they apply to use and density requirements, setbacks, parking and other features, and shall be indicated on the land development plans.
A. 
Interpretation. In interpreting and applying the provisions of this chapter, they shall be held to be minimum requirements for the promotion of public health, safety, comfort, convenience, and general welfare.
B. 
Conflict with public and private provisions.
(1) 
Public provisions. Where any provision of this chapter imposes restrictions different from those imposed by any other ordinance, rule, or regulation, or other provision of law, whichever provisions are more restrictive or impose higher standards shall control.
(2) 
Private provisions. This chapter is not intended to abrogate any easement, covenant or any other private agreement or restriction, provided that where the provisions of this chapter are more restrictive or impose higher standards or regulations than such easement, covenant, or other private agreement or restriction, the requirements of this chapter shall govern. Where the provisions of the easement, covenant or private agreement or restriction impose duties and obligations more restrictive, or higher standards than the requirements of these regulations, or the determination of the Township in approving a subdivision or in enforcing this chapter, and such private provisions are now inconsistent with this chapter or determinations thereunder, then such private provisions shall be operative and supplemental to these regulations and determinations made thereunder.
A. 
The Township may grant a modification of the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of this chapter is observed.
B. 
All requests for modification shall be in writing and shall accompany and be part of the application for development. The request shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of this chapter involved and the minimum modification necessary.
C. 
The request for modification shall be referred to the Township for advisory comments.
D. 
The Township shall keep a written record of all action on all requests for modification.
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 form a subdivision or real property in violation of this chapter. This authority to deny such a permit or approval shall apply to any of the following applicants.
(1) 
The owner of record at the time of such violation.
(2) 
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.
(3) 
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.
C. 
As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owners, 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.
A. 
Any person, partnership, or corporation who or which has violated the provisions of this chapter shall, upon being found liable therefor 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 Magisterial District Judge. 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 Magisterial District Judge determining that there was a good faith basis or 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 Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation.
B. 
The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending the final adjudication of the violation and judgment.
C. 
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.
D. 
Magisterial District Judges shall have initial jurisdiction in proceedings brought under this section.