The following transactions are considered subdivisions and require prior approval with the exception of the leasing of more than 10 acres for agricultural purposes as specified in §
205-9.
A. Any division of land with new streets or easements.
B. The splitting of a lot or tract of ground into two
or more lots where there are no new streets or easements.
C. Auctions of anything other than a complete tract of
ground, whether large or small, and whether new streets or easements
or no new streets or easements are involved, shall be handled the
same as any other subdivision.
D. Realignment of lot lines for any purpose.
E. Mortgage on less than the whole tract of land.
F. The division of parcels of land owned by the same
owners on either side of a private or public road (or separated by
the construction of a public road) and/or parcels of land made up
of two or more individual parcels that have been bought or secured
separately, perhaps even from a different source and at different
times, so long as they are contiguous, which shall be considered a
single parcel of ground.
G. Divisions of interest for the future, anything that
establishes a future pattern of action, that by all normal processes
establishes a de facto division or anything that locates or establishes
the need for future property lines, easements and/or rights-of-way.
H. Division of use and division of possession of property
by long-term lease rather than by deed (such as a ninety-nine-year
lease).
I. Divisions by lease of more than 10 acres not involving
any new street or easement of access or residential dwellings as specified
under Act 297 are not subject to approval. However, a plan of the
division is to be filed with the Township. The intent not to develop
a tract shall be noted on the final recorded plan.
[Amended 3-18-2003 by Ord. No. 129-D-03]
J. Any other activity required to comply with this chapter by Chapter
240, Zoning.
Where a request is clearly consistent with the
purpose and intent of this chapter, the Board of Supervisors shall
have the authority to waive or modify any portion or section of this
chapter where the applicant proves, to the satisfaction of the Board
of Supervisors, any of the following:
A. The requirement would place an undue and unreasonable
hardship on the owner and on the development of the land;
B. The modification or waiver would clearly be in the
public interest by showing that the development would clearly be superior
to what would occur if the provision was strictly enforced;
C. The requirement shall not apply because of the peculiar
individual characteristics of a particular area of land; or
D. The applicant agrees to use an alternative standard
specification that would be acceptable to the Township.