[Ord. No. 309,
passed 6-27-1973]
A.
Title. This chapter may be cited as the "Crescent Township Subdivision
and Land Development Code."
B.
Compliance. No subdivision or land development of any lot, tract,
or parcel of land shall be made; 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 after approval of plats in accordance with the provisions of
this chapter.
C.
Hardship. Where, owing to special conditions, the literal enforcement
of this chapter would result in unnecessary hardship, the Board may
make such reasonable exception thereto as will not be contrary to
the public interest, and may permit the sale of a lot subject to conditions
necessary to assure adequate streets and other public improvements.
D.
Exception. The review and approval of a development plan for a planned
residential development as defined herein will be in accordance with
the provisions of the Planned Residential Development Chapter rather
than by this chapter, provided that such Planned Residential Development
Chapter is adopted and is in full force and effect.[1]
E.
Remedies. In the event that any improvement which may be required
has not been installed as provided by this chapter, or in accord with
the approved final plat, the Board shall enforce any corporate bond
or other security by appropriate legal and equitable remedies and
shall take such other action as is appropriate and authorized by law.
F.
Penalties. Any person, partnership, or corporation who violates the
provisions of this chapter shall be guilty of a misdemeanor and upon
conviction thereof, shall pay a fine not exceeding $100 per lot or
parcel or per dwelling within each lot or parcel, all in accordance
with the provisions of law.
G.
APPLICANT
APPLICATION
CLEAR SIGHT TRIANGLE
CUL-DE-SAC
DEVELOPER
LAND DEVELOPMENT
STREET
(a)
(b)
(c)
SUBDIVISION
Definitions. As used in this chapter, except where the context clearly
indicates otherwise, the following words or phrases have the meaning
indicated below.
A landowner or developer who has filed an application for
development.
Every application, whether preliminary, tentative or final,
required to be filed with and approved prior to the start of land
development or subdivision and which is complete in all respects as
required by this chapter.
An area of unobstructed vision at street intersections defined
by lines of sight between points at a given distance from the intersection
of street lines.
A short street having one end open to traffic and being permanently
terminated by a vehicle turnaround.
Any landowner, agent of such landowner or tenant with the
permission of such landowner, who makes or causes to be made a subdivision
of land or a land development.
Any of the following activities: (A) The improvement of one
or more contiguous lots, tracts or parcels of land for any purpose
involving: (i) a group of two or more residential or nonresidential
buildings, whether proposed initially or cumulatively, or a single
nonresidential building or a lot or lots regardless of the number
of occupants or tenure; or (ii) the division or allocation of land
or space, whether initially or cumulatively, between or among two
or more existing or prospective occupants by means of, or for the
purpose of streets, common areas, leaseholds, building groups or other
features; or (B) a subdivision of land; provided, however, that land
development shall not include (A) the conversion of an existing single-family
detached dwelling or single-family semidetached dwelling into not
more than three residential units, unless such units are intended
to be a condominium, or (B) the addition of an accessory building,
including farm buildings, on a lot or lots subordinate to an existing
principal building.
A right-of-way which affords the principal means of access
to abutting property. A street may be public or private, shall be
used or intended to be used by vehicular traffic or pedestrians, and
may be designated as a highway, thoroughfare, parkway, boulevard,
lane, alley, viaduct, road, avenue, drive, or other appropriate name.
A street may also be identified according to the type of use as follows:
ARTERIAL STREETSStreets providing for traffic movements between traffic generation areas.
COLLECTOR STREETSStreets providing connection primarily between regional streets or regional and local streets.
LOCAL STREETSStreets serving primarily as access to abutting properties and not intended as major arteries carrying through traffic.
The division or redivison of a lot, tract, or parcel of land
by any means into two or more lots, tracts or parcels or other divisions
of land including changes in existing lot lines for the purpose, whether
immediate or future, of lease, partition by the court for distribution
to heirs or devisees, transfer of ownership or building or lot development;
provided, however, that the division of land for agricultural purposes
of parcels of more than 10 acres not involving any new street or easement
of access, or any residential dwelling, shall be exempted.
[Ord. No. 309,
passed 6-27-1973; Ord. No. 385, passed 6-8-1988; Ord. No. 411, passed 10-14-1992]
A.
Applications. No applicant may proceed with any grading or improvement
or streets or installation of public utilities until a preliminary
application has been approved by the board. No applicant shall sell,
transfer, lease or otherwise convey any lot, parcel or tract in a
subdivision until the final plat has been approved by the Board and
recorded as required herein.
B.
Preliminary application. The preliminary application shall include
a location map, site map, a subdivision plan, and an engineering report.
The application shall be submitted in not less than six copies and
shall be accompanied by an application fee which shall be set by the
Board.
1.
The location map shall clearly show the location, area and zoning
of the tract proposed for development with relation to the area and
zoning of adjacent properties and the location and relative distance
to existing related streets.
2.
The site map shall cover the entire tract and all lands within 500
feet of its boundaries and shall clearly and accurately show the following
data:
(a)
The topography with vertical contour intervals of five feet
or less.
(b)
The natural features and existing culture such as woods, streams,
embankments, retaining walls, structures, and existing land use.
(c)
The names of owners of properties adjacent to the tract.
(d)
Existing and proposed streets and rights-of-way, including dedicated
widths, roadway widths, approximate gradients, types and widths of
pavements, and curbs and sidewalks.
(e)
Existing and proposed easements, including widths and purposes.
(f)
Utilities, including sized capacity, and location of sanitary
sewers, storm sewers, drainage facilities, water lines, gas mains
and power lines.
(g)
Areas subject to periodic overflow of flood- or stormwaters.
(h)
Subsurface conditions, including data on past or possible future
mining activity. If mineral rights are severed from the landownership,
such data must be clearly indicated.
(i)
Tract boundary lines by calculated distances and bearings.
(j)
Title, graphic scale, North point, and date.
3.
A proposed subdivision plan shall be drawn at a scale no smaller
than 100 feet to one inch and shall show the following:
(a)
Name of the subdivision.
(b)
Name and addresses of owner, subdivider and persons who prepared
the plan.
(c)
Proposed street pattern, including the names, widths, and rights-of-way
of streets, the widths of easements, and the approximate grades of
streets where they exceed 8%.
(d)
Layout of lots, including dimensions, number and building lines.
(e)
Parcels of land to be dedicated or reserved for schools, parks,
playgrounds or other public or community use.
(f)
Key plan, legends, notes, graphic scale, North point and date.
(g)
A draft of any proposed deed covenants.
4.
An engineering report shall include the following data wherever pertinent:
(a)
Profiles, cross sections and specifications for proposed street
improvements.
(b)
Profiles and other explanatory data concerning installation
of water distribution systems, storm sewers, sanitary sewers.
(c)
A report on the feasibility of connection to existing sewerage
system, including distances to the nearest public sewer, service load
of the subdivisions, capacity of the treatment plant.
(d)
If connection to a public sewerage system is not feasible, a
report on the feasibility of a separate sewerage system, and treatment
works including the design, population, type and location of the treatment,
and receiving stream.
(e)
If connection to a public or private sewage system is not feasible,
a report on the feasibility of on lot sewage disposal, including a
detailed map of the physical conditions of the site, contours, finished
grades, watercourses, groundwater table elevations, and the results
of soil absorption tests for each individual lot conducted in accordance
with the recommended practices of the Health Department.
(f)
A traffic impact study to demonstrate the proposed development's
short- and long-term impact on the street system surrounding and serving
the proposed development. The traffic impact study must collect data
on existing roadway characteristics (e.g., structural conditions)
and traffic flow and volume. It must make five- and twenty-year forecasts
of the average daily vehicle trips generated by the proposed development
and distribute and assign these trips to the most reasonable travel
paths over the adjacent street system.
C.
Application fee. The application fee under § 440.02B shall be established from time to time by resolution of the Board.
D.
Preliminary review. The Board shall forward one copy each of the
preliminary application to the Planning Commission, the Engineer,
the County Planning Commission, and the Health Department. The Board
shall not approve the preliminary application until reports from each
of these agencies have been received, or until the expiration of 30
days from the date the copies of the application for development were
forwarded to said agencies.
E.
Public hearing. The Board shall hold a public hearing as required
by law prior to approval or disapproval of the preliminary application.
F.
Preliminary approval. The Board shall render its decision, not later
than 90 days after such application is filed, provided that should
the next regular meeting of the Board occur more than 30 days following
the filing of the application, the said ninety-day period shall be
measured from the 30th day following the day the application has been
filed.
1.
The decision of the Board shall be in writing and shall be communicated
to the applicant personally or mailed to him at his last known address
not later than 15 days following the decision.
2.
The decision of the Board shall be to (1) grant preliminary approval
of the application as submitted; (2) grant preliminary approval subject
to specified conditions not indicated on the application; or (3) deny
preliminary approval. When the application is not approved in terms
as filed, the decision shall specify the defects found in the application
and describe the requirements which have not been met and shall, in
each case, cite the provisions of the statute or chapter relied upon.
3.
Failure of the Board to render a decision and communicate it to the
applicant within the time and the manner required shall be deemed
a preliminary approval of the application in terms as presented unless
the applicant has agreed in writing to an extension of time or change
in the prescribed manner of presentation of communication of the decision,
in which case, failure to meet the extended time or change in manner
of presentation of communication shall have like effect.
4.
In the event that the application is granted preliminary approval
subject to conditions, the applicant may, within 30 days after receiving
a copy of the decision of the Board, notify the Board of his refusal
to accept all said conditions, in which case the application shall
be deemed to have been denied. In the event the applicant makes no
such notification within the aforesaid thirty-day period, preliminary
approval with all conditions shall stand as granted.
5.
In the event that the application is granted preliminary approval,
with or without conditions, the decision so standing shall set forth
the time within which an application for final approval shall be filed.
G.
Final application. Final application shall include five prints and
one reproducible copy of the final plat and a certificate of completion
of improvements or guarantee of improvements as required below. The
final plat shall be drawn at a scale no smaller than 100 feet to one
inch and shall show:
1.
The subdivision name, name and address of owner and subdivider, source
of title of land as shown by the books of the Recorder of Deeds of
the county, graphic scale, North point, date, certificate of approval
by the Planning Commission and the Board.
2.
Survey date with certification by a registered professional engineer
or land surveyor showing calculated distances and bearings of the
subdivision boundaries, lots, utility easements, streets, alleys,
building lines, and parkways reserved for community purposes.
3.
Location and distances to the nearest established street corners
or official monuments, and the streets intersection the boundaries
of the subdivision.
4.
Location, type of material and size of monuments.
5.
Complete curb data.
6.
Lot numbers and street names.
H.
Improvements. No plats shall be finally approved unless all improvements
required by this chapter have been installed in strict accordance
with this chapter or a guarantee that the improvements will subsequently
be installed by the owner, in the form of a bond or deposit of fund
or securities in escrow which are acceptable to the Board. Such bond
or other security shall provide for, and secure to the public, the
completion of any improvements which may be required on or before
the date fixed in the formal action of approval or accompanying agreement
for completion of improvements.
1.
The amount of financial security to be posted for the completion
of the required improvements shall be equal to 110% of the cost of
completion estimated as of 90 days following the date scheduled for
completion by the developer. Annually, the Township may adjust the
amount of the financial security by comparing the actual cost of the
improvements which have been completed and the estimated cost for
the completion of the remaining improvements as of the expiration
of the 90th day after either the original date scheduled for completion
or a rescheduled date of completion. Subsequent to said adjustment,
the Township may require the developer to post additional security
in order to assure that the financial security equals said 110%. Any
additional security shall be posted by the developer in accordance
with this chapter.
2.
The amount of financial security required shall be based upon an
estimate of the cost of completion of the required improvements, submitted
by an applicant or developer and prepared by a professional engineer
licensed as such in Pennsylvania and certified by such engineer to
be a fair and reasonable estimate of such cost. The Township, upon
the recommendation of the Township Engineer, may refuse to accept
such estimate for good cause shown. If the applicant and developer
and the Township are unable to agree upon an estimate, then the estimate
shall be recalculated and recertified by another professional engineer
licensed as such in Pennsylvania and chosen mutually by the Township
and the applicant or developer. The estimate certified by the third
engineer shall be presumed fair and reasonable, and shall be the final
estimate. In the event that a third engineer is so chosen, fees for
the services of said engineer shall be paid equally by the Township
and the applicant or developer.
I.
Final review. The Board shall forward one copy each of the final
application to the Planning Commission, the Engineer, the County Planning
Commission, and the Health Department. The Board shall not approve
the final application until reports from each of these agencies have
been received, or until the expiration of 30 days from the date the
copies of the final application were forwarded to said agencies.
J.
Final approval. The Board shall render its decision and communicate
it to the applicant no later than 90 days after such application is
filed. The decision of the Board shall in writing and shall be communicated
to the applicant personally or mailed to him at his last known address
not later than 15 days following the decision.
1.
When a preliminary application has been duly approved, the applicant
shall be entitled to final approval in accordance with the terms of
the approved preliminary application.
2.
Upon final approval, the applicant may commence and complete the
approved development in accordance with the terms of such approval
within three years from such approval. When final approval is preceded
by preliminary approval, the three-year period shall be counted from
the date of the preliminary approval.
K.
Recording. Upon the approval of a final plat, the developer shall
within 90 days of such final approval record such plat in the Office
of the Recorder of Deeds of Allegheny County, pursuant to applicable
law.
L.
Inspection. When the plans of streets and other improvements have
been approved as provided in this chapter the subdivider shall first
notify the Secretary-Manager of his intention to proceed with the
construction or installation of said streets and improvements; notification
shall be made at least 24 hours before any such construction or installation
shall commence so as to give the Engineer an opportunity to inspect
the site prior to commencement of work and to inspect installation
or construction of said streets and improvements during the course
of work being performed. In order to defray a part of the costs incurred
by the municipality in inspection the installation of the improvements
required by this chapter, the developer shall, before he proceeds
with any construction or installation, present a certified check or
money order made payable to the Board in an amount equal to 1 1/2%
of the Engineer's estimate of the cost of the improvements.
M.
Maintenance. Prior to any street or other improvement being accepted
by the Township as hereinafter provided, the developer shall post
a maintenance bond and/or other security naming the Township as obligee
in an amount deemed adequate by the Board, not to exceed 15% of the
actual cost of installation of said improvements to insure maintenance
of said improvements for a period of at least 18 months from the date
of acceptance by the Township.
N.
Acceptance. After streets and improvements have been installed and
constructed pursuant to the requirements contained in this chapter
and in the event that the developer desires to have the Township accept
said streets or improvements, the developer shall notify the proper
municipal officers that the construction or installation has been
completed and shall supply the Township with a minimum of four copies
of the as-built plan on which the street or improvement in question
has been constructed or installed. The four copies of the plan shall
show thereon the signatures on all agencies and individuals who have
approved the plan and contain a notice thereon as to where and when
the plan as recorded in the Office of the Recorder of Deeds of the
County. The portion of street or improvement which the developer desires
to have the Township accept shall be shaded or colored in yellow on
each of the four copies. The plan shall also clearly designate the
number of lineal feet of said street or improvement which the subdivider
desires to be accepted by the Township.
O.
Subdivision by special procedure.
1.
When in the opinion of the Board a literal enforcement of this § 440.02 would result in unnecessary hardship, the Board may approve a plat of subdivision if the application for approval of the subdivision meets the following conditions:
(a)
The proposed subdivision shall not result in more than three
lots;
(b)
Each of the lots resulting from the proposed subdivision shall
satisfy the minimum requirements for the zoning district in which
such lot is situated. The proposed subdivision must otherwise conform
to the requirements of the zoning code.
(c)
Each of the lots resulting from the proposed subdivision shall
front on an existing, accepted Township street or an existing state
or county road.
2.
The procedures for acceptance of a plat of subdivision under this § 440.02O shall be as follows:
(a)
Three copies of a plat showing each lot resulting from the proposed
subdivision, together with three copies of the legal description of
such lot, shall be submitted by the applicant to the planning Commission.
(b)
The Planning Commission shall review the plat and legal descriptions
at its next regular meeting.
(c)
If the proposed subdivision is approved by the Planning Commission,
the Planning Commission shall submit its recommendations in writing
to the Board at least one week before the next regular meeting of
the Board.
3.
Fees. At the time the plat and legal descriptions are submitted to
the Planning Commission for approval, the applicant shall pay to the
Township an application fee in an amount as set forth by resolution
of the Board.
[Ord. No. 309,
passed 6-27-1973; Ord. No. 553, passed 2-10-1999]
A.
General. The Board shall not approve any plat unless the land whereon
buildings are to be constructed shall be of such character that it
can be used for building purposes without danger to health or peril
from fire, flood or other hazard.
B.
Natural features. Existing natural features which would add value
to the subdivision and the municipality, such as trees, steep slopes,
watercourses, historic spots and similar irreplaceable assets, shall
be preserved, insofar as possible through harmonious design of the
subdivision.
C.
Streets. The Board shall not approve and plat unless all streets
shown thereon shall be of sufficient width and proper grade, and shall
be so located as to accommodate the probable volume of traffic thereon,
afford adequate light and air, facilitate fire protection, provide
access of fire-fighting equipment to buildings, and provide coordinated
system of streets conforming to the municipality's plan of streets.
1.
In the case of subdivisions for commercial, industrial, and public
purposes no street giving access upon an arterial street shall be
located closer than 500 feet along the same side of such arterial
street, to any other driveway, public or private street in the same
or another subdivision.
2.
Local streets shall be so planned as to discourage through traffic.
3.
Wherever there exists a dedicated or platted portion of a street
or alley along a boundary of the tract being subdivided, the remainder
of said street or alley, to the prescribed width, shall be platted
within the proposed subdivision.
4.
Half streets shall not be provided, except where it is essential
to the reasonable development of the subdivision in conformity with
the other requirements of these regulations, or where it becomes necessary
to acquire the remaining half of condemnation so it may be approved
in the public interest.
5.
Culs-de-sac shall normally not be longer than 500 feet, including
a turnaround which shall be provided at the closed end with an outside
curb radius of at least 40 feet and a right-of-way radius of not less
than 50 feet. The maximum grade of the turnaround portion of the cul-de-sac
shall be 5%.
6.
Alleys shall not be provided in residential districts but shall be
included in commercial and industrial areas where needed for loading
and unloading or access purposes.
7.
The minimum distance between center lines of parallel or approximately
parallel streets intersecting a cross street from opposite directions
shall be 125 feet.
8.
Intersections of more than two streets at one point shall be avoided.
9.
Dead-end streets shall be prohibited unless provided with a turnaround
or cul-de-sac arrangement.
10.
Right-of-way requirements may be increased where anticipated traffic
flow warrants it, or if drainage easements should reasonably parallel
such thoroughfares. Such increased width will be established by the
Board with the advice of the Planning Commission and the Township
Engineer.
11.
Minimum right-of-way widths, paving widths, angle of intersection,
curb radius, distances along sides of sight triangles, horizontal
alignments, vertical alignments, as well as maximum grades shall be
in accordance with the following table:
|
Arterial Streets
|
Collector Streets
|
Local Streets
|
Culs-de-Sac
|
Crosswalks
|
Alleys
| |
|---|---|---|---|---|---|---|
|
Right-of-way width
|
80
|
60
|
50
|
40
|
12
|
23
|
|
Paving width
|
36
|
26
|
24
|
24
|
10
|
20
|
|
Maximum grade
|
7.5%
|
12%
|
14%
|
14%
|
—
|
14%
|
|
Minimum angle for intersection
|
90°
|
80°
|
70°
|
70°
|
—
|
70°
|
|
Minimum curb radius (feet)
|
35
|
25
|
15
|
15
|
—
|
5
|
|
Grades for 25 feet before intersection
|
3%
|
3%
|
3%
|
3%
|
—
|
3%
|
|
Site triangle (distance along sides of) (through street/stop
street)
|
500/30
|
500/30
|
250/25
|
250/25
|
—
|
50/20
|
|
Horizontal alignments minimum radii of center line)
|
600
|
400
|
200
|
100
|
—
|
100
|
|
Vertical Curves (Minimum Sight Distance)
|
500
|
350
|
200
|
100
|
—
|
100
|
12.
Where, in the determination of the Township Engineer, existing Township streets proximate to the proposed development would be rendered inadequate, inconvenient to proximate residences and/or unsafe as a result of increased traffic attributable to the proposed subdivision and/or development, the Board may require the developer to make improvements to the affected streets in accordance with the Engineer's reasonable recommendations, including but not limited to, increases in street width, decreases in grade, increases in curb radii, installation of traffic control devices, or improvements in construction specifications in accordance with Chapter 720.
13.
Right-of-way widths and paved cartway widths additional to those
set forth above may be required by the Board where necessary for public
safety and convenience, for parking in commercial and residential
areas and where additional width is necessary on existing roads which
do not comply with current standards.
D.
Blocks. Blocks shall ordinarily not exceed 1,000 feet in length.
Where it is necessary for Blocks to exceed this length, pedestrian
ways and/or easements may be required near the center of the block.
E.
Lots. The lot and yard sizes shall conform with the requirements
of the Township's Zoning Code and the lots shall be designed
to accord with the following design standards:
1.
Every lot shall be provided with access adequate for the use of public
safety vehicles and other public and private purposes and shall be
served by a public or private street system, improved in accordance
with this chapter and connected to the general street system.
2.
Side lines of lots shall be approximately right angles to straight
streets and on radial lines on curved streets wherever feasible. Pointed
or very irregular lots shall be avoided unless such variations shall
improve the overall neighborhood design.
3.
Double-frontage lots shall be avoided.
4.
When a tract is subdivided into larger than required building lots
and there is no covenant preventing resubdivision of the lots, such
lots or parcels shall be so arranged as to permit a logical location
and opening of future streets and resubdividing with provision for
adequate utility connections for each subdivision.
F.
Easements. Easements for utilities and drainage shall have a minimum
width of eight feet. Where a subdivision is traversed by a watercourse,
there shall be provided a stormwater easement or drainage right-of-way
of width sufficient for the purpose.
G.
Water and sewer systems. The water supply and sewage disposal systems
for the subdivision shall meet the design standards and requirements
of the Health Department.
[Ord. No. 309,
passed 6-27-1973]
A.
General. All of the required improvements specified in this Section
shall be constructed in accordance with the Municipality's Standards
for Construction and all other applicable municipal, county and state
regulations.
B.
Monuments and markers. Concrete monuments shall be set at the intersection
of all lines forming angels in the boundary of the subdivision. Iron
or steel markers shall be set at the beginning and ending of all curves
along street property lines; at all points where lot lines intersect
curves, either front or rear; at all angles in property lines of lots
and at all other lot corners.
C.
Streets. The streets shall be graded to the grades and dimensions
shown on plans and profiles and approved by the Board and shall include
the following improvements.
1.
Suitable drainage structures, culverts, storm sewers, ditches and
related installations shall be provided to insure adequate drainage
of all points along the streets.
2.
Curbs shall be required on all streets.
3.
The base course shall consist of latest Pennsylvania Department of
Highways approved material, having a thickness of not less than eight
inches. The Board shall have the right to determine whether this thickness
is adequate for the type of street that has been proposed.
4.
Pavement shall be required on all streets.
5.
Street shoulders shall be constructed which are uniformly and thoroughly
compacted by rolling and level with the tops of curbs.
D.
Storm drainage. The construction of a storm drainage system shall
conform to the following requirements:
1.
Drainage ditches or channels shall have a minimum gradient of 1%.
2.
Open watercourses shall have adequate capacity and erosion control
to insure safe and healthful disposal of stormwater.
3.
When topsoil has been removed from the surface of a lot on a slope
where erosion will cause a displacement of loose material, the subdivider
shall be required seed or provide other means to prevent the wash
from damaging adjacent property or accumulating on street surfaces.
E.
Water supply. Where public water is available, as determined by the
Board, the developer shall connect to such public water supply and
construct a system of water mains with a connection for each lot.
1.
Where public water is not available, the developer shall supply acceptable
evidence of the availability of water. The developer may be required
to make one or more test wells in the area to be platted if such evidence
is deemed not acceptable. Copies of well logs from said test well
is which are obtained shall include the name and address of the well
driller and shall be submitted with the plan to the Board.
2.
If a private water supply is permitted, individual private wells
shall be located at least 25 feet from property lines; 50 feet from
all septic tanks approximately 100 feet from all tile disposal fields
and other sewage disposal facilities; 10 feet from all cast iron sewer
lines; 30 feet from any vitrified sewer tile lines; and shall not
be located within any floor plan.
F.
Sewers. Where the Township sewer system is reasonably accessible
to the subdivision, the developer shall provide the subdivision with
a complete sanitary sewer system to be connected to the Township sanitary
system. Where the Township sewer system is not reasonably accessible
to the subdivision, and in the judgment of the Board, extension of
the Township sewage system to the subdivision will not take place
in the foreseeable future, private sewage disposal systems on individual
lots consisting of septic tanks and tile absorption fields, or an
approved package plant sewage disposal system serving the subdivision
may be permitted, subject to approval by the Health Department.
G.
Utilities. Every lot in a subdivision shall be capable of being served
by utilities, and the necessary easements shall be provided. Electric,
gas and other utility distribution lines shall be installed within
public rights-of-way or within properly designated easements. To the
fullest extent possible, underground utility lines located in street
rights-of-way shall not be installed beneath existing or proposed
paved areas and in any case shall be installed prior to the placement
of any paving.
H.
Trees. Tress may be planted along the streets. The location and types
of trees must meet the approval of the Board.
I.
Street signs. Street name signs of a type adopted or approved by
the Board shall be installed at each street intersection by the developer,
on a location specified by the Engineer.
[Ord. No. 429,
passed 12-13-1995]
Chapter 230 of the Building Code, entitled "Floodplain Construction, Development and Management," is incorporated herein by reference.
[Ord. No. 309,
passed 6-27-1973]
A.
Preventive remedies.
1.
In addition to any 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.
2.
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 from a subdivision of real property
in violation of this chapter. Such refusal may apply to any of the
following:
(a)
The owner of record at the time of violation.
(b)
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.
(c)
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.
(d)
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
(e)
Any other person permitted by law.
3.
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any real property, the Township may require
compliance with the conditions that would be applicable to the property
at the time the applicant acquired an interest in such real property.
B.
Enforcement remedies.
1.
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 per violation plus all court costs,
including attorneys fees, incurred by the Township as a result thereof.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce such judgment pursuant to the applicable rules
of civil procedure. Each day that a violation continues shall constitute
a separate violation.
2.
The Township shall retain all other preventive and enforcement remedies
that it may be granted under the Pennsylvania Municipalities Planning
Code or other applicable law.
