[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, § 110]
1. 
Grant of Power. Section 501 of the Pennsylvania Municipalities Planning Code (Act 247),[1] provides that Montour Township may regulate subdivision and land development within the municipality by enacting a subdivision and land development ordinance.
[1]
Editor's Note: See now 53 P.S. § 10501.
2. 
Applicability. This chapter requires that all plats of land lying within Montour Township be submitted for approval to the Montour Township Board of Supervisors. Further, all such plats shall be reviewed by the Montour Township Planning Commission in accordance with procedures set forth in this chapter prior to submission to the Board of Supervisors.
3. 
Interpretation. The provisions of this chapter shall be held to be minimum requirements to meet the purposes stated herein. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall prevail. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than those of this chapter, the provisions of such statute, ordinance or regulation shall prevail.
4. 
County Authority. The Columbia County Planning Commission is empowered under Section 502 of the Pennsylvania Municipalities Planning Code (Act 247)[2] to review and report upon each subdivision or land development request before local approval and recording, as required by law. The submission of plans to the Columbia County Planning Commission for review and report must take place at the preliminary plan stage. After consideration of the County report, the Planning Commission and the Board of Supervisors may proceed to preliminary and final action.
[2]
Editor's Note: See now 53 P.S. § 10502.
[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.