The purpose of this chapter is to regulate subdivision and land development within the Penn Forest Township, Carbon County, Pennsylvania.
This chapter shall apply in the following circumstances:
A.
To all subdivision and land development plans for property located in the Penn Forest Township.
B.
To all subdivision and land development plans for property located in the Penn Forest Township, previously approved in accordance with any law or regulation then applicable, the development of which has not been completed in accordance with the terms of such approval within five years of such approval.
C.
A modification to a submitted drainage plan for a proposed development site which involves a change in control methods or techniques, or which involves the relocation or redesign of control measures, or which is necessary because soil or other conditions are not as stated on the drainage plan (as determined by the Township Engineer) shall require a resubmission of the modified drainage plan consistent with this chapter.
A.
No subdivision or land development of any lot, tract or parcel of land shall be made, and no street, sanitary sewer, water main, gas, or electric transmission line, 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 this chapter. No grading, earth work, or removal of natural resources shall be undertaken until approval is granted by the Township in the manner prescribed herein.
B.
No lot in a proposed subdivision or land development may be sold, and no final permit to erect any building upon land in a subdivision or land development may be issued unless and until a final plan has been approved and recorded and either the Penn Forest Township has been assured by means of an improvements agreement acceptable to the Township that the improvements will subsequently be installed or the required improvements in connection therewith have been constructed.
C.
Notwithstanding any provisions of this chapter, including waiver provisions, any landowner and any person engaged in the alteration or development of land which may affect stormwater runoff characteristics shall implement such measures as are reasonably necessary to prevent injury to health, safety or other property. Such measures shall include such actions as are required to manage the rate, volume and direction of resulting stormwater runoff in a manner which otherwise adequately protects health and property from possible injury.
D.
Board of Supervisors may grant a modification of the requirements of this chapter, through a waiver, if strict application of these requirements would be unreasonable or cause undue hardship, or when an alternative standard can be demonstrated to provide equal or better results, provided that such modification will not be contrary to the public interest and that the purpose and intent of the chapter is observed. All requests for modifications shall:
(1)
Be in writing and be part of the application for subdivision and/or land development;
(2)
State the grounds and facts of unreasonableness or hardship on which the request is based;
(3)
List the provision(s) of the chapter involved:
(4)
State the minimum modification necessary;
(5)
Be subject to approval by the Board of Supervisors after receiving advisory recommendations from the Township Planning Commission;
(6)
All granted requests must be listed on the plan to be recorded, must clearly and concisely state what section is being requested to be waived, and state when the request was granted and, where applicable, state any conditions that may have been imposed.