A.
From and after the effective date of this chapter, no subdivision
or development of any lot, tract, or parcel of land within the Township
shall be made, and no street, sanitary sewer, storm sewer, water main
or other facility 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 strict accordance
with the provisions of this chapter.
B.
No lot in a subdivision or land development may be sold, no building may be erected and no changes may be made in the contour of the land; no grading, excavating, removal or destruction of the topsoil, trees or other vegetative cover of the land may be commenced in a subdivision or land development unless and until a plan for the subdivision or land development has been approved by the Board of Supervisors and recorded, and until the improvements required by the Board of Supervisors in connection therewith have either been constructed in strict accordance with the standards and specifications of the Township or guaranteed as provided in Article XIII of this chapter.
C.
Said standards and specifications, particularly as are presented in Article IX of this chapter are declared to be a minimum guarantee that all streets shown on any proposed plan are of sufficient width and proper grade and so located as to accommodate the probable volume of traffic thereon, afford adequate light and air, facilitate fire protection, provide access for firefighting equipment to buildings and provide a coordinated system of streets; and further, that the land whereon buildings are to be constructed is of such character that it can be used for building purposes without danger to health or peril from fire, flood or other hazard, and that all necessary or required erosion and sedimentation control facilities will be installed prior to or during the initial phase of construction of the subdivision or land development.
D.
Where, owing to special conditions, a literal enforcement of the
provisions of this chapter would result in unnecessary hardship, the
Board of Supervisors may, on the basis of an approved preliminary
plan, make such reasonable exception thereto as will not be contrary
to the public interest and may permit the sale of a lot, issuance
of a permit, or erection of a building, subject to conditions necessary
to assure adequate streets and other public improvements.
A.
Upon approval of a final plan, the developer shall within 90 days
after the date an approved plan is signed by the Board of Supervisors
record such plan in the Office of the Recorder of Deeds of Cumberland
County and forthwith return one copy of the plan showing the official
date of recording with the instrument number indicated. If a plan
is not recorded within this time, the approval shall expire.
[Amended 4-3-2018 by Ord.
No. 2018-1]
B.
Offers of dedication of land or public improvements to the Township
shall include the following, where applicable:
(1)
Deed of dedication to the Township, acceptable and recordable, setting
forth by metes and bounds the offer;
(2)
Separate plot plan or right-of-way plan, including metes and bounds,
length of street, total area and reference to subdivision plan, together
with any known easements, restrictions or covenants;
(3)
Properly executed release of mechanics liens;
(4)
Letter of inspection from the Township's Engineer, certifying that
construction has been completed in accordance with applicable regulations,
and is satisfactory;
C.
Every street, park, stormwater control facility or other public improvement
shown on a recorded subdivision or land development plan shall be
deemed to be a private street, park, or improvement until such time
as the same has been accepted by the Board of Supervisors by ordinance
or resolution.
Whenever a developer or owner proposes to provide land or structures
for the common benefit of the particular residents of a project, such
as usable open space and active play areas, a homeowners' association
shall be established to maintain such facilities. The Township Supervisors
shall retain the right to review and approve the articles of incorporation
and all declarations of covenants, conditions, and restrictions of
the homeowners' association.
