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Township of Upper Moreland, PA
Montgomery County
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Table of Contents
Table of Contents
No subdivision or land development of any lot, tract or parcel of land shall be made, and no street, alley, sanitary sewer, storm drain, water main, gas, oil and electric transmission line, or other improvements in connection therewith shall be laid out, constructed, or dedicated for public use or travel or for the common use of occupants of a building abutting thereon except in strict accordance with this chapter.
It shall be unlawful for the owner of any land in the Township to make a subdivision or land development thereof, construct, open or dedicate for public use or travel, or for the common use of occupants of buildings thereon, any street, sanitary sewer, storm drain, water main, or other facilities in connection therewith, unless and until a plan thereof shall have been prepared by a registered professional engineer or surveyor, submitted to and approved in writing thereon by the Board of Commissioners. Before approval, such plan shall be submitted to the Montgomery County Planning Commission for review. Before approving a subdivision or land development plan, the Board may, in its discretion, arrange for a public hearing with respect thereto, after giving such notice thereof as it deems advisable. The Board may require alterations, changes or modifications, in accordance with the provisions of this chapter which it deems necessary in such plans, and may refuse its approval until all such alterations, changes or modifications in the plan have been made. One or more preliminary subdivision or land development plans may be submitted to the Township Engineer for study, criticism and suggestion.
Streets, parks and other public improvements shown on a subdivision or land development plan to be recorded shall be deemed to be offered for dedication to the Township unless an owner notes on the plan that such improvements have not been offered for dedication to the Township.
After a subdivision or land development plan has been duly recorded, the streets, parks and other public improvements shown thereon shall be considered to be a part of the official plan of the Township.
Every street, park or other improvement shown on a subdivision or land development plan that is recorded as provided herein shall be deemed to be a private street, park or improvement until such time as the same has been offered for dedication and accepted or until it has been condemned for use as a public street, park or other improvement.
If more than six months have elapsed since the recording of a subdivision or land development plan and no improvements have been constructed, or if the construction of improvements has been commenced but has not been completed and there has been no construction accomplished for a period of six months or more, the Board may require that, prior to any further construction being accomplished, the plan shall be resubmitted and it may require changes and modifications to the plan to make it conform to the standards of the Township in the area. No building permits will be issued and no permits issued for continuation of construction of improvements until such changes and modifications as are ordered by the Board have been incorporated in the plan and, when required, additional security posted to guarantee completion of the improvements.
No lot in a subdivision or land development may be sold; no permit to erect, alter or repair any building upon land in a subdivision or land development may be issued; and no building may be erected in a subdivision or land development unless and until a subdivision or land development plan has been approved and recorded and until the improvements required by the Board in connection therewith have either been constructed or guaranteed as herein provided.
Plans of subdivisions or land development wherein lots abut existing improved streets of sufficient width shall be subject to approval or rejection by the Township Engineer. In the event such a plan is disapproved, the reasons therefor shall be set forth in writing and given to the applicant. Any person aggrieved by the decision of the Township Engineer may appeal to the Board, and such appeal shall be considered by it at its next regular meeting.
The sale of dwelling or commercial units as condominiums under the Pennsylvania Unit Property Act[1] shall be permitted in accordance with Article 6 of this chapter, and no regulation within this chapter shall be construed to prohibit the condominium form of ownership.[2]
[1]
Editor's Note: The Unit Property Act, former 68 P.S. § 700.101, was repealed 7-2-1980 (P.L. 286, No. 82). See now the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.
[2]
Editor's Note: Former Art. 6, Condominiums and Condominium Conversions, was repealed 11-13-1989 by Ord. No. 1197.