It shall be the duty of the Board of Commissioners of Upper
Allen Township or a duly appointed officer to enforce the provisions
of this chapter. The duly appointed officer shall require that the
application for a building permit contain all information necessary
to enable him/her to ascertain whether the proposed building, alteration
or use is located in an approved subdivision or land development.
No building permit shall be issued until the duly appointed officer
has certified that the site for the proposed building, alteration,
or use complies with all the provisions of this chapter and conforms
to the site description as indicated on the approval and recorded
final plan.
A. Time limitations and ordinance changes.
(1)
When an application for approval of a plat, whether preliminary
or final, has been approved without conditions or approved by the
applicant's acceptance of conditions, no subsequent change or amendment
in the zoning, subdivision or other governing ordinance or plan shall
be applied to affect adversely the right of the applicant to commence
and to complete any aspect of the approved development in accordance
with the terms of such approval within five years from such approval.
(2)
Where final approval is preceded by preliminary approval, the
aforesaid five-year period shall be counted from the date of the preliminary
approval. In the case of any doubt as to the terms of a preliminary
approval, the terms shall be construed in the light of the provisions
of the governing ordinances or plans as they stood at the time when
the application for such approval was duly filed.
(3)
Where the landowner has substantially completed the required
improvements as depicted upon the final plan within the aforesaid
five-year limit or any extension thereof as may be granted by the
Board of Commissioners, no change in Township ordinance or plan enacted
subsequent to the date of filing of the preliminary plan shall modify
or revoke any aspect of the approved final plan pertaining to the
zoning classification or density, lot, building, street or utility
location.
(4)
In the case of a preliminary plan calling for the installation
of improvements beyond a five-year period, a schedule shall be filed
by the landowner with the preliminary plans delineating all proposed
sections as well as deadlines within which applications for final
plan approval of each section are intended to be filed. Such schedule
shall be updated annually by the applicant on or before the anniversary
of the preliminary plan approval, until final plan approval of the
final section has been granted and any modification in the aforesaid
schedule shall be subject to approval of the Board of Commissioners
in its discretion.
(5)
Each section in any residential subdivision or land development,
except for the last section, shall contain a minimum of 25% of the
total number of the dwelling units as depicted on the preliminary
plan, unless a lesser percentage is approved by the governing body
of Upper Allen Township, in its discretion. Provided the landowner
has not defaulted with regard to or violated any of the conditions
of the preliminary plan approval, including compliance with landowner's
aforesaid schedule of submission of final plans for the various sections,
then the aforesaid protections afforded by substantially completing
the improvements depicted upon the final plan within five years shall
apply and for any section or sections, beyond the initial section,
in which the required improvements have not been substantially completed
within said five-year period. The aforesaid protection shall apply
for an additional term or terms of three years from the date of final
pan approval for each section.
The provisions of this chapter are intended as minimum standards
for the protection of the public health, safety and welfare of the
citizens of the Township. The Township Planning Commission shall have
the right to recommend to the Board of Commissioners of Upper Allen
Township modifications, deferrals and waivers to the regulations in
the individual cases as may be necessary in the public interest; provided,
however, that such variations shall not have the effect of nullifying
the intent and purpose of these regulations. The list of suggested
modifications, deferrals and waivers, and the specific reasons for
such change shall be entered in the minutes of the Planning Commission
and a copy of this entry shall be transmitted to the Board of Commissioners
together with the approved plans for review and approval by the Board
of Commissioners. The Board of Commissioners may then alter any subdivision
or land development plans and specify changes or modifications therein
which it deems necessary and may make its approvals subject to such
alterations, changes or modifications. Upon approval by the Board
of Commissioners, said modifications, deferrals and waivers shall
be clearly defined and entered on the final plan and signed by the
Chairman of the Board of Commissioners.
All permitted improvements, as approved in any subdivision or
land development shall comply with the requirements of the Township's
Standard Construction and Material Specifications, latest edition, and may be amended from time to time by resolution of
the Board of Commissioners of Upper Allen Township.
This chapter shall not apply to any signs, properties, uses
or structures owned by Upper Allen Township or by a municipal authority
created solely by Upper Allen Township for uses and structures that
are intended for a public utility, stormwater, public works, recycling,
municipal administrative, public recreation or public health and safety
purposes.
The procedures for securing review of any ordinance, decision,
or determination is set forth in Article X-a of the Pennsylvania Municipalities
Planning Code (Act of 1968, P.L. 805, No. 247), as reenacted and amended.
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
If any section, clause, provision, or portion of this chapter
shall be held invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect any other section, clause,
provision or portion of this chapter.