It is the intention of the Board of Commissioners to exercise,
through adoption of this chapter, the maximum lawful jurisdiction
over subdivision and land development permitted by the Pennsylvania
Municipalities Planning Code,[1] its amendments or successors. Without limitation, in the
exercise of this power, the following are subject to the provisions
hereof:
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
This chapter shall be enforced by the Manager or by any person or
agency designated by the Board of Commissioners or the Manager from
time to time.
B.
Inspection of actual construction under any approved subdivision
or land development plan shall be the sole responsibility of the Township,
which shall undertake reasonable measures to provide an adequate inspection
of all projects.
C.
Any action not in accordance with the provisions of this chapter
shall be subject to a cease-and-desist order and other appropriate
measures necessary to obtain or produce compliance with this chapter.
A.
Fees.
(1)
The Board of Commissioners shall establish a schedule of fees and
a collection procedure for all applications and other matters pertaining
to this chapter.
(2)
The applicant shall be required to submit additional fees to all
governmental agencies required to review subdivision and land development
plans.
(3)
An application shall be deemed incomplete until all fees are paid
and the applications are properly signed.
(4)
In the event that an applicant elects to file a combined preliminary
and final plan, separate applications and both fees shall be required.
B.
Applicants shall furnish an escrow fund sufficient to pay all fees
and costs required by this chapter. The escrow fund shall be paid
when preliminary plans or final plans are submitted for review and
approval. Said escrow fund shall be replenished upon the submission
of any revised subdivision or land development plan. Escrow fund fees
shall be fixed by the Board of Commissioners by resolution from time
to time. The escrow fund shall be sufficient to guarantee the payment
of:
(1)
The services of the Township Engineer and Township Solicitor related
to the review and consideration of the application and all other costs
for engineering, traffic surveys, professional certification and other
services deemed necessary by the Board of Commissioners in reviewing
plans, including but not limited to the services of a planner and
arborist.
[Amended 4-18-1990 by Ord. No. 394]
(2)
The actual cost of all drainage, water and material tests.
(3)
The cost of Township inspection services.
(4)
Legal fees, advertising and other costs involved in the dedication
of streets easements and public improvements to the Township.
(5)
Actual costs of recording.
No lot, unit or other section of a subdivision shall be sold,
leased or otherwise transferred nor shall a building permit be issued
unless a final plan has been approved and recorded.
[Amended 8-16-1989 by Ord. No. 387]
A.
The Board of Commissioners may waive or modify any mandatory provision
of this chapter when the literal compliance with a mandatory provision
is shown to the satisfaction of the Board of Commissioners to be unreasonable
or to cause undue hardship because of peculiar conditions pertaining
to the land in question, provided that a modification will not be
contrary to the public interest or when an alternative standard can
be demonstrated to provide equal or better results.
B.
All requests for modification shall be in writing and shall accompany
and be a part of the subdivision or land development application.
The request shall:
Any division of land by lease for agricultural purposes into parcels of more than 10 acres and not involving any new street or easement of access or residential dwellings shall be exempt from this chapter except as provided under § 180-18.
