[Ord. 2003-1, 1/27/2003, § 1.100]
1. 
Applicability.
A. 
No subdivision or land development of any lot, tract, or parcel of land shall be made, and no street, storm sewer, sanitary sewer main, water main or other improvements required in connection with a proposed subdivision or land development shall be laid out, constructed, opened or dedicated for use of the public or the occupants of buildings thereon unless and until such activities have been approved as required by this chapter, and recorded as applicable.
B. 
A lot, parcel or unit that was not a legal lot of record prior to adoption of this chapter shall not be created, sold or transferred, and no land development may occur on a lot unless and until (1) the subdivision of the lot and/or the approval of the land development, as applicable, has been granted final plan approval and any subdivision has been recorded and (2) either of the following occurs, as provided in § 22-207:
(1) 
The Township has been assured by means of a development agreement and guarantees acceptable to the Board of Supervisors that the improvements will subsequently be installed.
(2) 
The required improvements in connection therewith have been entirely completed.
C. 
Landowner. No subdivision or land development shall be submitted to the Township for review except by the landowner of such land or his/her specifically authorized agent (see definition of "landowner" in Part 6, which includes equitable owner).
2. 
Exemptions; Changes to Township Regulations.
A. 
Agriculture. The subdivision of land by lease solely for agricultural purposes into parcels of more than 10 acres each, not involving any new street or easement of access or construction of a structure or residential dwelling, shall be exempted from the regulations of this chapter.
B. 
Revisions to Township Regulations after Approval of a Development.
(1) 
From the time an application for approval of a plat, whether preliminary or final, has been approved or approved subject to conditions, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied to adversely affect 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.
(2) 
If final plan approval is preceded by preliminary plan approval, the five-year period shall be counted from the date of the preliminary plan approval.
3. 
Interpretation.
A. 
Differing Provisions.
(1) 
Where a provision of this chapter regulates the same matter as another Township ordinance, or another provision of this chapter, the provision that is more restrictive upon development shall apply, as determined by the Planning Administrator, unless specified to the contrary.
(2) 
Where a provision of this chapter regulates the same matter as a state law or regulation, then both the Township and state requirements shall apply, unless they are in direct conflict or unless there is a state preemption, in which case the state requirement shall apply.
B. 
Illustrations. The illustrations in this chapter are for general illustrative purposes, and are not part of the regulations of this chapter.
4. 
Zoning Compliance. All subdivisions and land developments shall comply with the Township Zoning Ordinance [Chapter 27], as amended, including, but not limited to, sign requirements. Any necessary variances, special exceptions and conditional use that impact upon the subdivision or land development approvals shall be granted prior to final subdivision or land development approval.
5. 
Outstanding Ordinance Violations. Where there exists any unresolved violation of the Township Zoning Ordinance [Chapter 27], this chapter or Stormwater Ordinance [Chapter 23] on the same lot, the Board of Supervisors shall condition any subdivision or land development approval upon the satisfactory resolution of the violation.
6. 
Outstanding Bills. The Board of Supervisors shall condition any subdivision or land development approval upon the resolution of any overdue Stroud Township fees, Township taxes or Township utility or Township Authority bills that pertain to the same lot.
[Ord. 2003-1, 1/27/2003, § 1.200]
1. 
An applicant seeking a modification or exception to this chapter shall, as a part of the development application, submit to the Township staff a request in writing that states (A) the specific chapter section(s) involved and (B) the reasons for the request. The staff shall provide the request to the Planning Commission for a recommendation. After the Planning Commission has had an opportunity for review at a meeting, the Board of Supervisors may grant a waiver or modifications to the specific requirements of this chapter, prior to project approval.
2. 
The applicant shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the chapter involved and the minimum modification necessary. The applicant shall further demonstrate that such modification will not be contrary to the public interest and that the purpose and intent of chapter is observed.
[Ord. 2003-1, 1/27/2003, § 1.300]
1. 
Alternative Plans. Only one subdivision and/or land development plan involving any one specific area of land shall be before the Township for review during any one moment in time. This restriction shall not apply if the Planning Commission specifically permits simultaneous review of alternative plans. When an alternative plan is permitted, a new submission fee shall be required.
2. 
Revisions and Resubdivisions.
A. 
Revised Plans.
(1) 
Until a submission is approved or rejected by the Board of Supervisors, the applicant may withdraw the submission and submit a revised plan following the submission and review procedures, which apply to that plan. For any submittal of a revision of a previously submitted plan, the Township Planning Administrator may require the applicant to submit additional fees, if needed, based upon the Township's expenditures on the review up to that time.
(a) 
If a revision is submitted to a subdivision or land development plan that is under review, and the Planning Commission determines the revision to be a substantial revision, then such revision shall be considered a new submittal, and the ninety-day maximum time period for Township action shall re-start after the first regular Planning Commission meeting after such submittal of the revised plan.
(b) 
Any revised plans shall be submitted to the Monroe County Planning Commission for review.
B. 
A revision or resubdivision of a recorded plan or a final plan approved by the Board of Supervisors shall be considered as a new submission and shall comply with all of the regulations of this chapter.
C. 
If the Planning Administrator or Township Engineer determines that a revision of a previously approved plan is only for a "lot line adjustment" or an annexation of one lot onto another lot or is only to correct erroneous data or minor omissions or revise engineering details or supporting documentation, the plan may be submitted under the simplified requirements and procedures for a minor subdivision.
[Ord. 2003-1, 1/27/2003, § 1.400]
The Township shall maintain records of the findings, decisions and recommendations of the Planning Commission and Board of Supervisors regarding all subdivision and land development plans, in compliance with the Pennsylvania Municipal Records Manual. Such records shall be available to the public for review. Thereafter, the plans shall be placed in storage and available from the Township upon request.
[Ord. 2003-1, 1/27/2003, § 1.500]
The regulations set forth in this chapter may, from time to time, be amended by the Board of Supervisors, following the procedures of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended. Such provisions include, but are not limited to, publication of public notice, a public hearing by the Board of Supervisors and opportunities for review by the Township and County Planning Commissions.
[Ord. 2003-1, 1/27/2003, § 1.600]
Decisions and determinations under this chapter may be appealed in accordance with the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., as amended.
[Ord. 2003-1, 1/27/2003, § 1.700; as amended by A.O.]
1. 
Inspectors. The Board of Supervisors shall authorize one or more persons, which may include the Zoning Officer and the Township Engineer and his/her representatives, to enforce the provisions of this chapter and any accompanying specifications.
2. 
Inspection. Any action regulated under this chapter is subject to on-site inspection by the Township or its authorized representatives to ensure compliance with this chapter, other Township ordinances and the approved plans.
3. 
Remedies. Any action inconsistent with the provisions of this chapter shall be subject to an enforcement notice and other appropriate measures by the Board of Supervisors or their authorized representatives.
4. 
Penalties. Any person, partnership, corporation or other entity that has violated any provisions of this chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Board of Supervisors or their authorized representatives, pay a judgement of not more than $500 per violation, plus all court costs, including reasonable attorneys fees incurred by the municipality as a result thereof, unless a higher penalty is established under state law. A violation shall include, but not be limited to, accomplishing any act listed under § 22-101, Subsection 1, "Applicability," without following the applicable procedures of this chapter.
A. 
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.
B. 
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 the 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 5th 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. Imprisonment shall not be authorized for violations under the chapter or for failure to pay a fine.
C. 
All fines collected for violations of this chapter shall be paid over to the Township.
[Ord. 2003-1, 1/27/2003, § 1.800]
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, wetland delineation or wetland 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, consultant or agency of the Township, shall constitute a representation, guarantee or warranty of any kind by the Township or its employees, consultants, officials or agencies of the practicality or safety of any structure, use or subdivision and shall create no liability upon, nor a cause o faction against any Township body, consultant, official or employee for any damage that may result pursuant thereto.
[Ord. 2003-1, 1/27/2003, § 1.900]
The provisions of this chapter that only repeat, summarize or reference provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., shall be deemed to be automatically superseded and replaced by any applicable amendments to such provisions of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq., at the date such amendments become effective as state law.