[Ord. 559, 9/4/2012]
An ordinance establishing rules, regulations and standards governing the subdivision and development of land within the Township of Lower Southampton, Bucks County, Pennsylvania, setting forth the procedures to be followed by the Township Planning Commission and Board of Supervisors in administering these rules, regulations and standards, and setting forth the penalties for the violation thereof pursuant to the authority set forth in the Pennsylvania Municipalities Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. 559, 9/4/2012]
This chapter may be cited as the "Lower Southampton Township SALDO."
[Ord. 559, 9/4/2012]
The purpose of this chapter is to regulate and control the division and development of land within Lower Southampton Township in order to promote the public health, safety, morals and general welfare of the community.
[Ord. 559, 9/4/2012]
It is the general intent of this chapter to regulate the division and development of land as to:
A. 
Regulate the flow of traffic in the streets and highways.
B. 
Further the orderly and appropriate use of land.
C. 
Secure safety from fire, panic and other dangers.
D. 
Facilitate adequate provision for transportation, water, environmental protection, sewerage, schools, parks, playgrounds and other public facilities.
E. 
Assure sites suitable for building purposes and human habitation and to provide for the harmonious development of Lower Southampton Township.
F. 
Coordinate existing streets with proposed streets, parks or other features of the Township.
G. 
Ensure adequate open space for traffic, recreation, light and air.
H. 
Provide proper distribution of population.
I. 
Effectively implement the policies and proposals of the Comprehensive Plan for Lower Southampton Township.
[Ord. 559, 9/4/2012]
1. 
The provisions of this chapter shall be held to be minimum requirements to meet the above-stated purposes. When the provisions of this chapter impose greater restrictions than those of any state statute, other ordinance or regulations, the provisions of this chapter shall be controlling unless specified to the contrary.
2. 
Whenever the provisions of any other statute or ordinance or regulation impose greater restrictions than those this chapter, the provisions of such other statute, ordinance or regulation shall prevail.
3. 
This chapter does not repeal, abrogate, annul or any way impair or interfere with existing provisions or other laws or ordinances except those specifically or explicitly repealed by this chapter or any restrictions placed upon property by covenant, deed or other agreement unless repugnant hereto.
4. 
From and after the effective date of this chapter, any subdivision or land development for which application is made shall be in conformity with this chapter and all standards and specifications adopted as part of this chapter.
[Ord. 559, 9/4/2012]
1. 
Subdivision and land development control. It shall be unlawful for the owner of any land in the Township, or any other person, firm or corporation, to subdivide any lot, tract or parcel of land or to layout, construct, open or dedicate for public use or travel any street, sanitary sewer, storm sewer, drainage facilities or other facilities in connection therewith or for the common use of occupants of buildings within the subdivision or land development, unless:
A. 
Final plans of such subdivision or land development shall have been prepared in accordance with all licensing laws of the Commonwealth of Pennsylvania.
B. 
Final plans of such subdivision or land development have been submitted to and approved in writing thereon by the Board of Supervisors.
C. 
Final plans of such subdivision or land development have been reviewed and signed by the Bucks County Planning Commission.
D. 
Final plans of such subdivision or land development have been recorded in the Bucks County Recorder of Deeds Office in Doylestown, Pennsylvania.
E. 
The improvements required by the Township in connection therewith have either been constructed or the Township has been assured of proper completion by the deposit of funds or securities in escrow sufficient to cover the cost of the required improvements, as determined by the methods set forth herein.
2. 
Sale of lots, issuance of building permits, erection of buildings.
A. 
No lot in a subdivision may be sold and no permit to erect, alter or repair any building upon land in a subdivision or land development may be issued unless and until the municipal improvements required by the Board of Supervisors in connection therewith have either been constructed or guaranteed as hereinafter provided.
B. 
No building in a subdivision or land development depending on ingress and egress upon the improvement of any street or streets herein provided for shall be permitted to be occupied before improvements are fully completed from a now existing paved street to and across the front of the lot on which the building is located and/or to sufficient depth along the side of the lot to service any driveway, driveways or parking spaces.
C. 
No building depending upon public water and sewer facilities shall be permitted to be occupied before such facilities are fully provided and operational.
[Ord. 559, 9/4/2012]
1. 
In addition to 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. This authority to deny such a permit or approval shall apply to any of the following applicants:
A. 
The owner of record at the time of such 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.
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 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.
[Ord. 559, 9/4/2012]
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 plus all court costs, including reasonable attorney's 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 Township 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 of a violation by the Magisterial District Judge, and thereafter each day that a violation continues shall constitute a separate violation.
2. 
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.
3. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.
4. 
Magisterial District Judges shall have initial jurisdiction in proceedings brought under this section.