[Ord. 10/13/1971, § 100; as amended by Ord. 12/12/1991A, § 1]
An ordinance establishing rules, regulations and standards governing
the subdivision and development of land within Montour Township, setting
forth the procedures to be followed by the Montour Township Planning
Commission and the Montour Township Board of Supervisors in administering
these rules, regulations and standards and setting forth the penalties
for the violation thereof as established by the Commonwealth of Pennsylvania.
This chapter may be cited as the "Montour Township Subdivision and
Land Development Ordinance," as amended by Ordinance 12/12/1991A.
[Ord. 10/13/1971, § 120; as amended by Ord. 7/6/1979B; and by Ord. 12/12/1991A, § 2]
1. It is the general purpose of this chapter to regulate the division
and development of land, including:
A. Regulating the flow of traffic in the streets and highways.
B. Furthering the orderly and appropriate use of land.
C. Protecting public health, morals, welfare and safety.
D. Facilitating adequate provision for transportation, water, sewerage,
schools, parks, playgrounds and other public facilities.
E. Ensuring sites suitable for building purposes and human habitation
and providing for the harmonious development of Montour Township.
F. Coordinating proposed streets, parks, and other public use facilities
with existing Montour Township facilities, features and policies and
with adjacent municipalities and governmental agencies where the proposed
development and facilities will create impact upon that municipality
or agency.
G. Ensuring adequate open space for traffic, recreation, light and air.
H. Providing proper distribution of population.
I. Giving effect to the policies and proposals of the Comprehensive
Plan.
J. Promoting the conservation of energy and the effective utilization
of renewable energy sources.
K. Providing for the reservation of certain land for future public purpose.
L. Promoting flexibility, economy, efficient use of resources, and ingenuity
in the design and development of land.
M. Encouraging improved site planning and development in accordance
with modern accepted professional practice.
N. Providing for general community welfare by guiding and by protecting
community amenities, environmental quality, convenience and facilities.
O. Correcting problems as may presently exist and preventing problems
which may be foreseen.
[Ord. 10/13/1971, § 130; amended by Ord. 12/15/1987; and by Ord. 12/12/1991A, § 3].
1. Effect of Chapter. Hereafter, no person shall sell, agree to sell,
transfer or otherwise convey, whether initially or cumulatively, by
deed, agreement, lease or other instrument 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.
2. Penalties.
A. Any person, partnership, or corporation who or which being the owner
or agent of any lot, tract or parcel of land shall lay out, construct,
open or dedicate any street, sanitary sewer, storm sewer, water main
or other improvements for public use, travel or other purposes or
for the common use of occupants of buildings abutting thereon, or
who 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
or erects any building thereon, unless and until a final plat has
been prepared in full compliance with provisions of this chapter and
of the regulations adopted hereunder and has been recorded as provided
herein, shall upon being found liable therefor, in a civil enforcement
proceeding commenced by Montour Township, pay a judgment of not more
than $500 per lot or parcel or per dwelling within each lot or parcel,
plus all court costs, including reasonable attorney fees incurred
by Montour Township as a result thereof. All fines collected for such
violations shall be paid over to Montour Township. No judgment shall
commence or be imposed, levied or payable until the date of the determination
of a violation by the Magisterial District Judge. If the defendant
neither pays nor files a timely appeal of the judgment, Montour Township
shall 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
this 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 fifth 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.
B. Nothing contained in this chapter shall be construed or interpreted
to grant to any person or entity other than Montour Township and its
designee the right to commence any action for enforcement pursuant
to this chapter.
C. 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.