[Ord. 3/6/1991, § 1.1]
This is a chapter providing for the regulation and control of
the subdivision of lots and the development of land; the approval
of plans, plots, or replots of land laid out in building lots; standards
for the design of streets, lots, easements, blocks and other improvements;
certain minimum improvements and construction standards on all streets
and required dedications; the administration of this Chapter by the
Plainfield Township Planning Commission and the Plainfield Township
Board of Supervisors; and, penalties for the violation of this Chapter
pursuant to the authority set forth in the Pennsylvania Municipalities
Planning Code, as amended (hereinafter referred to as the "MPC"),
53 P.S. § 10101 et seq.
[Ord. 3/6/1991, § 1.2]
This Chapter shall be known, and may be cited as, the "Plainfield
Township Subdivision and Land Development Ordinance."
[Ord. 3/6/1991, § 1.10]
The Township Planning Commission and the Township Board of Supervisors
shall keep a record of their findings, decisions, and/or recommendations
relative to all subdivision or land development plans filed for review.
Such records shall be made available to the public for review.
[Ord. 3/6/1991, § 1.12]
A decision of the Board of Supervisors, or the Planning Commission,
in the case of a minor subdivision or resubdivision, may be appealed
in accordance with the applicable provisions of the MPC.
[Ord. 3/6/1991, § 1.14; as amended by A.O.]
1. Violations.
A. Any person, being the owner or agent of any lot, tract, or parcel
of land, who:
(1)
Lays out, constructs, opens, or dedicates any street, sanitary
or storm sewer, water main, or other improvement for public use, travel,
or other purposes or for the common use of occupants of buildings
abutting thereon.
(2)
Sells, transfers, or agrees or enters into an agreement to sell
any land in a subdivision or land development (whether by reference
to or by other use of a plat of such subdivision or land development).
(3)
Erects any building thereon before a final plat has been prepared
and recorded in full compliance with the provisions of this Chapter
shall be subject to legal action provided under 53 P.S. §§ 10515.1,
10515.2 and 10515.3 of the Municipalities Planning Code, as amended.
B. The description by metes and bounds in the instrument of transfer,
or other document used in the process of selling or transferring shall
not exempt the seller or transferor from such penalties or from the
remedies herein provided.
C. Any person, partnership or corporation who or which has violated
the provisions of any subdivision or land development ordinance enacted
under this act or prior enabling laws shall, upon being found liable
therefore in a civil enforcement proceeding commenced by a municipality,
pay a judgment of not more than $500 plus all court costs, including
reasonable attorney's fees incurred by the municipality as a result
thereof. No judgment shall commence or be imposed, levied or payable
until the date of a determination of a violation by the magisterial
district judge.
(1)
If a defendant neither pays nor timely appeals the judgment,
the municipality may enforce the judgment pursuant to the applicable
Rules of Civil Procedure.
(2)
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 determination of a violation by the
District Justice, and thereafter each day that the violation continues
shall constitute a separate violation.
(3)
Fines collected for any such violation shall be paid to Plainfield
Township.
[Ord. 3/6/1991, § 1.15]
Neither the approval nor the granting of any building permit,
floodplain permit, site plan review, subdivision approval, land development
approval, zoning permit, erosion review, stormwater runoff review,
steep slope review or any other review or permit of this Chapter,
involving any land governed by the provisions of this Chapter, by
an officer, employee or agency of the Township, shall constitute a
representation, guarantee or warranty of any kind by the Township,
or its employees, officials or agencies, of the practicality or safety
of any structure, use or subdivision, and shall create no liability
upon, nor a cause of action against such public body, official nor
employee for any damage that may result pursuant thereto.
[Ord. 3/6/1991, § 1.16; as amended by A.O.]
All plans shall comply with applicable state professional certification
laws, including the Engineer, Land Surveyor and Geologist Registration
Law, 3 P.S. § 148 et seq. All preliminary and final plans
for a subdivision or land development and all stormwater calculations
shall be certified, signed and stamped by a registered professional
engineer. All subdivisions of land shall be certified, signed and
stamped by a registered surveyor.