[Ord. No. 135, 11/18/1992]
An Ordinance establishing rules and regulations governing the
subdivision and development of land within Amity Township, Berks County,
Pennsylvania, pursuant to the authority set forth in the Pennsylvania
Municipalities Planning Code (Act 247, as amended), setting forth
the procedure to be followed by the Amity Township Board of Supervisors
and Planning Commission in applying these rules, regulations, standards
and specifications, and prescribing the manner of enforcement and
penalties for the violation thereof.
[Ord. No. 135, 11/18/1992]
This chapter shall be known and cited as the "Amity Township
Subdivision and Land Development Ordinance of 1992, as amended".
[Ord. No. 135, 11/18/1992]
These regulations are adopted to protect, promote and create
conditions favorable to the health, safety, convenience and general
welfare of the citizens of Amity Township by:
(a)
Ensuring that sites will be suitable for building purposes, human
habitation, commercial and industrial operations, and other uses for
which land may be used.
(b)
Providing for the orderly, efficient, integrated and harmonious development
of land within the Township.
(c)
Effectively coordinating the planning, design and construction of
proposed transportation and community facilities with existing facilities
in the Township.
(d)
Ensuring the conformance of subdivision and land development plans
with the public improvement plans and programs of the Township, county
and/or state.
(e)
Providing for the efficient and orderly extension of community facilities
and services.
(f)
Ensuring that all subdivision and land development applications are consistent with the goals, objectives and policies of the Amity Township Comprehensive Plan and the Amity Township Zoning Ordinance (see Chapter 32 of the Township Code of Ordinances).
(g)
Providing for adequate open spaces for traffic, recreation, light
and air, and for proper distribution of population.
(h)
Assuring the equitable and just processing of subdivision and land
development plans by providing uniform procedures and standards for
the observance by both the applicant and Township officials.
(i)
Encouraging and promoting flexibility in subdivision and land development
design when it results in an improvement to the environment and overall
conditions of the site.
(j)
Creating conditions favorable to the health, safety and general welfare
of the residents of Amity Township.
[Ord. No. 135, 11/18/1992]
(a)
The provisions of this Amity Township Subdivision and Land Development Ordinance shall be held to be the minimum requirements to meet the stated purposes indicated under § 27-103.
(b)
Where the provisions of this chapter impose greater restrictions
than those of any other Township statute, ordinance or regulation,
the provisions of this chapter shall be complied with. Where the provisions
of any other Township statute, ordinance or regulation impose greater
restrictions than this chapter, the provisions of such other Township
statute, ordinance or regulation shall be complied with unless otherwise
stated in this chapter.
[Ord. No. 135, 11/18/1992]
(a)
After the effective date of this chapter, any subdivision or land
development shall be in conformity with this Subdivision and Land
Development Ordinance including all standards and specifications adopted
as part of this chapter.
(b)
All subdivision and land development applications shall conform with
the goals, objectives and policies of the Amity Township Comprehensive
Plan.
(c)
All subdivision and land development applications shall conform with the standards and provisions of the Amity Township Zoning Ordinance (see Chapter 32 of the Township Code of Ordinances).
(d)
No subdivision or land development of any lot, tract or parcel of
land shall be made, and no street sanitary sewer, storm sewer, water
main or other improvements 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 accordance with the provisions of this chapter.
(e)
Unless and until a subdivision and/or land development plan has been
approved and recorded in accordance with all standards and provisions
of this chapter, no lots within a proposed subdivision or land development
may be sold and no permits shall be issued in order to erect any building
upon land within a development.
(f)
Where under special and unique conditions, a literal enforcement
of these regulations would result in an unnecessary hardship, such
reasonable exceptions thereto may be made, provided it will not effect
the public health, safety and general welfare of the Township residents.
(g)
After approval or endorsement by the Amity Township Planning Commission
and Board of Supervisors, the subdivision or land development plan
shall be recorded in the Berks County Recorder of Deeds Office located
in Reading, Pennsylvania.
[Ord. No. 135, 11/18/1992]
Should any article, section, subsection, paragraph, clause,
phrase or provision of this chapter be declared by a court of competent
jurisdiction to be invalid, such judgment shall not affect the validity
of this chapter as a whole or any part or provision thereof other
than the part so decided to be invalid or unconstitutional.
[Ord. No. 135, 11/18/1992]
All ordinances or parts of ordinances, together with the amendments
and supplements thereto, are hereby repealed to the extent that the
same conflict with the provisions of this amended Subdivision and
Land Development Ordinance; provided however, that the provisions
of this amended Subdivision and Land Development Ordinance shall not
affect any suit or prosecution pending or to be instituted to enforce
any provision of such repealed ordinance or to punish any offense
against any such repealed ordinance committed prior to the effective
date of this amended Subdivision and Land Development Ordinance.
[Ord. No. 135, 11/18/1992]
This Subdivision and Land Development Ordinance has been enacted
by the Amity Township Board of Supervisors on November 18, 1992. This
chapter shall become effective on November 25, 1992.
