[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.