A.
This chapter
shall be known as the "Upper Chichester Township Subdivision and Land
Development Ordinance."
B.
This chapter
shall become effective immediately upon adoption, and shall remain
in effect until modified, amended, or rescinded by the Board of Commissioners
of Upper Chichester Township.
The Board of Commissioners of the Township of Upper Chichester,
by authority of Section 501 of the Pennsylvania Municipalities Planning
Code,[1] Act 247 of 1968 as amended by Act 170 of 1988, hereby
adopts Ordinance No. 512 and 512-A[2] known as "The Upper Chichester Township Subdivision and
Land Development Ordinance of 1992."
The regulations set forth have been established for the following
purposes:
A.
To promote, protect, and provide for the public safety, health and
general welfare of the citizens of Upper Chichester Township.
B.
To ensure that the layout or arrangement of subdivisions or land
developments conforms not only to provisions of this chapter but also
to any applicable ordinance, map, or comprehensive plan of the Township.
C.
To facilitate efficient and adequate transportation, water, sewage,
parks, recreation, and other public requirements and facilities.
D.
To protect social and economic stability and preserve the value of
land and improvements in the Township.
E.
To ensure coordination and conformance of subdivision and land development
plans with infrastructure improvement plans of the Township, such
as traffic circulation, sewer expansion, etc.
F.
To provide a systematic and uniform procedure for reviewing plans
to ensure equitable processing of all subdivision and land development
proposals.
G.
To promote the interrelationship of land use and building design
to facilitate the conservation of natural resources and energy resources.
H.
To stimulate flexibility, economy, and ingenuity in the design of
subdivisions and land developments and the improvements thereon and
to encourage modern development practices of site planning.
In interpreting and applying the provisions of this chapter,
all requirements, unless specifically stated otherwise, shall be held
to be minimums for promoting the above mentioned purposes. Where the
provisions of this chapter impose greater restrictions than those
of any other statute, ordinance, or regulation, the more restrictive
regulations shall be controlling.
This chapter shall apply to all subdivisions and land developments
undertaken wholly or partly within Upper Chichester Township.
A.
No subdivision or land development of any lot, tract, or parcel of
land shall be made, and no street, sanitary sewer, water main, gas,
oil, or electric transmission line, 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 thereon, except in accordance with the Subdivision and Land
Development Ordinance regulations adopted herein. Conveyances, resubdivisions,
and reverse subdivisions, and reverse subdivisions shall be considered
new subdivisions.
B.
No lot in a proposed subdivision or land development may be sold,
and no final permit to erect any building in a subdivision or land
development may be issued, unless and until a final plan has been
approved and recorded and either the required improvements in connection
therewith have been constructed or the Township has been assured by
means of letter of credit, corporate bond, or other security acceptable
to the Township that the improvement will subsequently be installed.
All subdivisions and land developments in Upper Chichester Township
shall be subject to the following codes and regulations where applicable:
A.
C.
United States Army Corps of Engineers wetlands regulations.
D.
Pennsylvania Department of Transportation state highway access regulations.
E.
Upper Chichester Township ordinances, including but not limited to
all codified and freestanding ordinances.
A.
For subdivisions or land developments where the Board of Commissioners
determines that extraordinary hardships or difficulties may result
from strict compliance with these regulations, and the purposes of
these regulations may be served to a greater extent by an alternative
proposal, the Board of Commissioners may authorize a waiver of the
requirements of this chapter so that substantial justice may be done.
Such action shall be consistent with the public interest and with
the character of the community.
B.
Exceptions to the provisions of this chapter may be authorized by
the Board of Commissioners in cases where a literal enforcement of
this chapter would hinder site plans plainly showing special economy,
imaginative design, or creative use of resource.
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
municipality 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 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 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 or a violation
by the Magisterial District Judge, and thereafter each day that a
violation continues shall constitute a separate violation.[1]
B.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem judgment pending a final adjudication
of the violation and judgment.
C.
Nothing contained in this section shall be construed or interpreted
to grant to any persons or entity other than the Township the right
to commence any action for enforcement of this section.
Enacted and ordained this 11th day of June 1992 and modified
by Ordinance 512-A, adopted July 9, 1992.
