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Township of Douglass, PA
Berks County
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[Ord. 2014-01, 1/6/2014]
This chapter shall be known and may be cited as the "Douglass Township Subdivision and Land Development Regulation of 2013."
[Ord. 2014-01, 1/6/2014]
These regulations are for the purpose of assuring sites suitable for building purposes and human habitation, and to provide for the harmonious development of the Township, for adequate open spaces for traffic, recreation, light and air, and for proper distribution of population, thereby creating conditions favorable to the health, safety, morals and general welfare of the citizens. This regulation establishes standards to ensure that developments are environmentally sound by requiring preservation of existing natural features to the greatest practical extent in areas affected through excavation, construction, or other land development activities. Also, minimum standards for the design and construction of improvements, which aid in the use and enjoyment of land, such as streets, sidewalks, adequate drainage and water and sewage facilities, and which would aid in precluding adverse environmental effects, such as sedimentation, erosion, flooding, deforestation, and water pollution.
[Ord. 2014-01, 1/6/2014]
1. 
The provisions of this chapter shall be deemed to be minimum requirements necessary to meet the foregoing purposes. However, when interpreting such requirements the following shall be noted:
A. 
Where, owing to special or unique conditions, the life, health, safety, or property of persons may be menaced or jeopardized by the application of any of the requirements of this chapter, more stringent or restrictive requirements necessary to eliminate or alleviate such menace or jeopardy may be applied or imposed by the Board of Supervisors.
B. 
Where the provisions of this chapter impose more stringent requirements than those of any statute, ordinance, or regulation, the provisions of this chapter shall prevail; where the provisions of any statute, ordinance, code, or regulation impose more stringent requirements than those of this chapter, such statute, ordinance, code, or regulation shall prevail.
C. 
Where it is desirable to effect economy and ingenuity in the layout of subdivisions and land developments and to protect critical environmental areas, modifications of plan/design requirements may be made in accordance with the guidelines set forth in § 22-706 herein.
[Ord. 2014-01, 1/6/2014]
1. 
In accordance with Article V, § 501, of the Pennsylvania Municipalities Planning Code, as amended, 53 P.S. § 10501, the Douglass Township Board of Supervisors shall have the authority to regulate subdivision and land development within the Township by enacting this chapter. Through such authority the following shall apply.
A. 
No subdivision, re-subdivision or land development of any lot, tract, or parcel of land within the Township shall be made, and no street, alley, sanitary sewer, capped sewer, storm sewer, water main, or other such facilities in connection therewith, or other improvements of any kind, 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 accordance with the provision of this chapter, the Douglass Township Zoning Ordinance of 2013 [Chapter 27], as amended from time to time, and all other Township ordinances, codes, regulations, plans, and maps, as amended from time to time.
B. 
No lot in a subdivision may be sold, no permit to erect, alter, or add to any building or other structure or portion thereof upon land in a subdivision or land development may be issued, and no building may be erected in a subdivision or land development unless and until a subdivision and/or land development plan, filed in accordance with this chapter, has been approved and, where required, recorded unless and until the required improvements in connection therewith along, upon or through the lot or lots to be sold or built upon and to an existing improved street, have been constructed and approved, or in lieu thereof, the Township has been assured of the completion of such construction, and the maintenance thereof, by means of completion and maintenance guarantee in the form of a bond or other security in the amount of 110% of the cost of the required improvements, and their maintenance, as set forth in Part 6 of this chapter.
[Ord. 2014-01, 1/6/2014]
1. 
The Board of Supervisors shall have jurisdiction of subdivision and land development within the Township. In order that the actions of the Board of Supervisors under this chapter may be correlated with all relevant data and procedures, the Board of Supervisors hereby designates the Township Planning Commission as the agency to which the following responsibilities are assigned:
A. 
To review, upon filing with the Township Secretary, all applications for either preliminary or final approval of subdivision and/or land development plans.
B. 
To engage in all preliminary consultations with the applicant relating to such plans.
C. 
To make recommendations to the Board of Supervisors concerning approval, disapproval, modification, and conditions of approval of such plans.
D. 
To make recommendations to the Board of Supervisors concerning the rationale for the granting of modifications to the provisions, requirements, and standards of this chapter.