This chapter shall be known, cited and referred to as the "Brecknock
Township Subdivision and Land Development Ordinance" (hereinafter
"this chapter").
This chapter is adopted to regulate and manage the subdivision
and development of land within Brecknock Township for the following
intent:
A.
To ensure sites are suitable for building purposes and human habitation.
B.
To assist orderly, efficient, integrated, and harmonious development
of the Township.
C.
To coordinate proposed streets with existing streets or other proposed
streets of the Township and to assure compatibility of such streets
located in more than one municipality.
D.
To ensure adequate and coordinated stormwater management, water supply,
wastewater management, and other appropriate utility services.
E.
To fulfill the purposes of Article 1, Section 27 (the Environmental
Amendment), of the Pennsylvania Constitution, which reads: "The people
have a right to clean air, pure water, and to the preservation of
the natural, scenic, historic and esthetic values of the environment.
Pennsylvania's public natural resources are the common property
of all the people, including generations yet to come. As trustee of
these resources, the Commonwealth shall conserve and maintain them
for the benefit of all the people."
F.
To ensure the development of land will be conducted with due regard
to topography, soil types, scenic resources, and natural, historic
and aesthetic values, so that the highest quality environment is obtained.
G.
To regulate the subdivision and/or development of land within any
area in order to promote the general health, welfare, and safety of
the community.
H.
To establish standards and criteria governing the design, construction,
alterations, extension, and maintenance of mobile home parks and recreational
vehicle parks.
I.
To secure equitable handling of all subdivision and land development
plans by providing uniform procedures and standards within the Township.
J.
To create conditions favorable to the public health, safety, and
general welfare of the citizens of the Township.
K.
To implement the Brecknock Township Comprehensive Plan, the ELANCO
Region Comprehensive Plan, 2008, as amended.
This chapter is adopted pursuant to the authority granted by
the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805,
No. 247, as reenacted and amended, Fifteenth Edition, January 2001).[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
General application. No subdivision or land development of any lot,
tract or parcel of land located within Brecknock Township shall be
created and no street, sanitary sewer, storm sewer, water main or
other facilities in connection therewith shall be laid out, constructed,
opened, or dedicated for travel or public use, or for the common use
of occupants of buildings thereon, unless and until a final subdivision
or land development plan has been approved and recorded in the manner
prescribed herein. Furthermore, no property shall be developed, no
building shall be erected and no site improvements shall be completed
except in strict accordance with the provisions of this chapter.
C.
General prohibition. No lot in a subdivision may be sold or transferred;
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 final subdivision
or land development plan has been approved and recorded and until
construction of any required site improvements in connection therewith
has been completed or guaranteed in the manner prescribed herein.
D.
Pending applications. Per Article V, as revised, of the PMPC,[1] the provisions of this chapter shall not affect an application
for approval of a subdivision and/or land development plan which is
pending action at the time of the effective date of this chapter,
in which case the applicant shall be entitled to a decision in accordance
with the governing ordinances as they stood at the time when the application
for such plan was duly filed. Additionally, this chapter shall not
affect any suit or prosecution, pending or to be instituted, to enforce
any provision of the Brecknock Township Subdivision and Land Development
Ordinance, as amended, or any applicable predecessor regulations on
an act done, contract executed, or liability incurred prior to the
effective date of this chapter.
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
E.
Previously approved plans. If an applicant has received approval
of a preliminary or final plan prior to the effective date of this
chapter, no provision of this chapter shall be applied to adversely
affect the right of the applicant to commence and complete any aspect
of the approved preliminary or final plan in accordance with the terms
of such approval within five years of the date of such application,
nor shall any provision of this chapter be construed to waive the
obligations imposed upon an applicant to complete a previously approved
preliminary or final plan, including the installation of all improvements,
in strict compliance with the requirements of such approval. When
approval of a final plan has been preceded by approval of a preliminary
plan, the five years shall be counted from the date of preliminary
plan approval. If there is any doubt as to the terms of approval,
the terms shall be construed in light of the provisions of the governing
ordinances as they stood at the time when the application for such
approval was duly filed.
F.
Existing improvements. If existing improvements, including stormwater
management facilities, on the subject tract do not meet the requirements
of this chapter, then such improvements shall be designed and upgraded
to meet the requirements of this chapter in conjunction with an application
for development.
In order that land may be subdivided and/or developed in accordance
with the policies and purposes of these regulations, this chapter
is hereby adopted and made effective as of April 9, 2013.
A.
Interpretation. In their interpretation and application, the provisions
of this chapter shall be held to be the minimum requirements for the
promotion of the public health, safety and general welfare and shall
be construed to achieve the purposes for which this chapter was adopted.
B.
Conflict with public and private provisions.
(1)
Public provisions. This chapter is not intended to interfere with,
abrogate, or annul any other ordinance, rule or regulation, statute,
or other provision of law, except as provided in this chapter. Where
any provision of this chapter imposes restrictions different from
those imposed by any other provision of this chapter or any other
ordinance, rule or regulation, statute, or other provision of law,
the provision that is more restrictive or imposes higher standards
shall control.
(2)
Private provisions. This chapter is not intended to abrogate any
easement, covenant, or 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.
C.
Severability. If any part or provision of this chapter or the application
of this chapter to any person or circumstances is adjudged invalid
by any court of competent jurisdiction, such judgment shall be confined
in its operation to the part, provision or application directly involved
in the controversy in which the judgment shall be rendered. It shall
not affect or impair the validity and continued enforcement of any
other parts or provisions of this chapter or the application of them
to other persons or circumstances.
This chapter shall not be construed as abating any action now
pending under, or by virtue of, prior existing subdivision or land
development regulations; or as discontinuing, abating, modifying or
altering any penalty accruing or about to accrue; or as affecting
the liability of any person, firm or corporation; or as waiving any
right of Brecknock Township under any section or provision existing
at the time of adoption of this chapter; or as vacating or annulling
any rights obtained by any person, firm or corporation by lawful action
of Brecknock Township; except as shall be expressly provided for in
this chapter.
Upon the adoption of this chapter, all provisions of the Lancaster
County Subdivision and Land Development Ordinance, as amended, are
expressly repealed in their entirety as to land within the corporate
limits of Brecknock Township.
A.
Purpose. For the purpose of protecting the public health, safety,
and general welfare, amendments to this chapter may, from time to
time, be proposed.
B.
Procedure. All proposals for amendments shall be made in accordance
with the following procedure:
(1)
Proposal. Amendments to this chapter may, from time to time, be proposed
by the Board of Supervisors on its own motion or by the Planning Commission.
In addition, any landowner may propose an amendment to this chapter,
in which event the Board of Supervisors, at its sole option, may initiate
procedures for amendment by referring the proposed amendment to the
Planning Commission.
(2)
Review by Planning Commission. In the case of an amendment other
than that proposed by the Planning Commission, the Board of Supervisors
shall submit each such amendment to the Planning Commission for recommendations
at least 45 days prior to the date of the public hearing on the proposed
amendment. The Board of Supervisors shall also submit the proposed
amendment to the Lancaster County Planning Commission for recommendations
at least 45 days prior to the date of the public hearing.
(3)
Action by Board of Supervisors. Amendments shall be approved or disapproved by the Board of Supervisors after a public hearing held pursuant to public notice, as defined in § 98-12, in accordance with the procedural requirements of Sections 505 and 506 of Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. §§ 10505 and 10506.
(4)
Notification of municipal action. Within 30 days of said approval,
the Board of Supervisors shall forward a certified copy of any amendment
to this chapter to the Lancaster County Planning Commission.
A.
Enforcement. It shall be the duty of the Township's Engineer
or other appointed consultant to the Planning Commission to enforce
this chapter and to bring any violations of these regulations to the
attention of the Municipal Solicitor. Formal enforcement proceedings
may be initiated in the name of Brecknock Township after authorization
by the Board of Supervisors.
B.
Penalties.
(1)
Preventive remedies.
(a)
In addition to other remedies, Brecknock 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)
Brecknock 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. This authority to deny
such a permit or approval shall apply to any of the following applicants:
[1]
The owner/owners of record at the time of violation;
[2]
The vendee or lessee of the owner of record at any 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 action; or
[4]
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.
(c)
As an additional condition for issuance of an approval to any
such owner, current owner, 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.
(2)
Enforcement remedies.
(a)
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable thereof
in a civil enforcement proceeding commenced by Brecknock Township,
pay a judgment of not more then $500, plus all court costs, including
reasonable attorneys' fees incurred by Brecknock 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
Justice. If the defendant neither pays nor timely appeals the judgment,
Brecknock Township may enforce the judgment pursuant to the rules
of civil procedures. Each day that a violation continues shall constitute
a separate violation, unless the District Justice determining that
there has been a violation further determines that there was a good-faith
basis for the person, partnership or corporation violating the ordinance
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 District Justice, 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 a
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 Brecknock Township the
right to commence any action for enforcement pursuant to this section.
