An ordinance establishing rules, regulations and standards governing the subdivision and development of land within Eldred Township, setting forth the procedures to be followed by the Eldred Township Planning Commission and the Eldred 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 "Eldred Township Subdivision and Land Development Ordinance."
A.
Grant of power. Section 501 of the Pennsylvania Municipalities Planning Code, 53 P.S. § 10501, as reenacted and amended 1988, Dec. 21, P.L. 1329, Act No. 170, provides that Eldred Township may regulate subdivision and land development within the municipality by enacting a subdivision and land development ordinance. It is further specified that at any point in this chapter that sections of the original Pennsylvania Municipalities Planning Code, known as "Act 247," are referred to, hereinafter such references shall be considered to refer to such sections of the new Act No. 170, as they appear in Title 53 with appropriate section numbers.
[Amended 10-4-1989]
B.
Applicability. This chapter requires that all plans for the subdivision or development of land lying within Eldred Township be submitted for approval to the Eldred Township Board of Supervisors. Further, all such plans shall be reviewed by the Eldred Township Planning Commission in accordance with procedures set forth in this chapter prior to submission to the Board of Supervisors.
C.
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.
D.
County authority. The Lycoming County Planning Commission is empowered under Section 502 of the Pennsylvania Municipalities Planning Code (Act 247)[1] to review and report upon each subdivision or land development plan before local approval and recording, as required by law. The submission of plans to the Lycoming 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.
[1]
Editor's Note: See 53 P.S. § 10502.
A.
It is the general purpose of this chapter to regulate the division and development of land, including:
(1)
Regulating the flow of traffic in the streets and highways;
(2)
Furthering the orderly and appropriate use of land;
(3)
Securing safety from fire, panic and other dangers;
(4)
Facilitating adequate provision for transportation, water, sewerage, schools, parks, playgrounds and other public facilities;
(5)
Assuring sites suitable for building purposes and human habitation and providing for the harmonious development of Eldred Township;
(6)
Coordinating existing streets with proposed streets, parks or other features of Eldred Township;
(7)
Insuring adequate open space for traffic, recreation, light and air;
(8)
Providing proper distribution of population; and
(9)
Giving effect to the policies and proposals of the Eldred-Upper Fairfield Joint Comprehensive Plan.
B.
The specific purposes for which floodplain provisions have been added to various sections of this chapter are as follows:
(1)
To regulate the subdivision and development of flood-prone areas in order to promote the general health, welfare and safety of the Township;
(2)
To require that each subdivision lot in a flood-prone area be provided with a safe building site with adequate access; and that public facilities which serve such uses be designed and installed to preclude flood damage at the time of initial construction;
(3)
To protect individuals from buying lands which are unsuitable for use because of flood hazards by prohibiting the subdivision or development of unprotected flood-prone lands.
The grant of a permit or approval of a subdivision or land development plan in the identified flood-prone area(s) shall not constitute a representation, guarantee, or warranty of any kind by the Township or by any official or employee thereof of the practicability or safety of the proposed use, and shall create no liability upon the Township, its officials or employees.
A.
Effect of ordinance. Hereafter, no person shall sell, agree to sell, transfer or otherwise convey 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.
B.
Penalties. Any person, partnership or corporation who or which has violated the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney's fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by any Magisterial District Judge before whom the initial proceedings are brought. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure then in effect. Each day that a violation continues shall constitute a separate violation, unless the Magisterial District Judge originally determining a violation further determines that there was a good-faith basis for the violator to have believed that there was no such violation. In that 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, and thereafter each day that it continues shall constitute a separate violation.
[Amended 10-4-1989]
(1)
The Court of Common Pleas of Lycoming County, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
(2)
Nothing contained herein shall be construed or interpreted to grant to any party other than Eldred Township the right to commence any enforcement action pursuant to this section.
C.
Preventive remedies. Certain so-called preventive remedies are provided for in new Section 10515.1 of the Municipalities Planning Code.[1] This entire section is hereby incorporated herein by reference to the same as it is set forth in the code to be and become § 200-5C of this chapter, the same as if it had been set forth in full herein.
[Added 10-4-1989]
[1]
Editor's Note: See 53 P.S. § 10515.1.