This chapter shall be known and may be cited as the "Aleppo Township Subdivision and Land Development Ordinance."
This chapter is established for the following purposes:
To assure sites suitable for building purposes and human habitation;
To provide for the harmonious development of the Township;
For the coordination of proposed development with existing development within the Township; and
For adequate open spaces, for proper traffic flows, recreation, light and air, and for proper distribution of population, thereby creating conditions favorable to the health, safety, morals, and general welfare of the citizens.
Hereafter, no activity covered by this chapter shall be permitted, including but not limited to subdividing as defined herein; development of land as defined herein; or improvements to land as defined herein, except in strict accordance with the requirements and procedures of this chapter.
Chapter 400, Zoning, of the Code of the Township of Aleppo and other applicable ordinances and regulations of the Township are incorporated herein and made a part hereof by reference.
Whenever there is a difference between the minimum standards specified herein and those included in other Township ordinances and regulations, the more stringent requirements shall apply.
Hereafter, no lot in a subdivision may be sold, no permit to erect any building upon land in a subdivision may be issued, no cuts, grading or filling permitted and no street, walkway, curbs, gutters, streetlights, fire hydrants, shade trees, sanitary sewer, storm sewer, waterline or other improvements as may be required herein 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 provisions of this chapter.
Hereafter, except as provided in this chapter, any plat of any subdivision, street or development of land not approved by the Planning Commission in accordance with the provisions and procedures as set forth herein shall be null and void.
From the time an application for approval of a plat, whether preliminary or final, is duly filed as provided in this chapter with the Planning Commission and while such application is pending approval or disapproval, no change or amendment in Chapter 400, Zoning, or change in this chapter or other governing ordinance or plan shall affect the decision on such application adversely to the applicant, and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. In addition, 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 as hereinafter provided. However, when an application is properly and finally denied, then any subsequent application shall be subject to the intervening change in governing regulations.
When an application for approval of a plat, whether preliminary or final, has been approved or approved subject to conditions acceptable to the applicant, no subsequent change or amendment in this chapter, Chapter 400, Zoning, or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval; the five-year period shall be counted from the date of the preliminary approval.
Any attempt at division or separation of ownership of portions of a development tract shall constitute a subdivision within the meaning of the term as used in this chapter and shall require review by the Planning Commission and approval by the Board of Commissioners. "Separation of ownership," as used herein, shall not be meant to include normal transfers between individuals involving only a single building lot or single residence.
Such approval shall constitute a subdivision as provided for in this chapter and shall take into consideration:
For developmental purposes only, any separation of ownership, as defined herein, within a garden apartment development and/or townhouse type of development shall, for the purpose of this chapter, be considered a condominium.
The term "condominium" shall have the meaning assigned to it in accordance with the requirements set forth in FHA Bulletin Series 1400, Suggested Legal Documents for Planned Unit Developments (April, 1973, as amended), and the Unit Property Act of Pennsylvania (as amended). Said requirements shall be considered minimum standards for the establishment of a condominium association, and the Planning Commission may, in its discretion, require additional information and documentation from the applicant to establish that an appropriate plan has been formulated to adequately assure the continued maintenance of the common areas of the plan.
Editor's Note: The Unit Property Act was repealed 7-2-1980 (P.L. 286, No. 82). See now the Uniform Condominium Act, 68 Pa.C.S.A. § 3101 et seq.
The final decision as to the propriety of the maintenance guarantees or the plan proposed by the applicant to deal with these questions shall rest with the Board of Commissioners.