[Ord. 2011-03, 6/27/2011, § 22-901]
This Part outlines the procedures for enforcement and amendment
of this chapter, as well as procedures for challenges and appeals
of decisions rendered under this chapter.
[Ord. 2011-03, 6/27/2011, § 22-902]
1.
Procedures for Amendment. The Board of Supervisors may amend this
chapter in accordance with the procedures set forth in the Municipalities
Planning Code, 53 P.S. § 10101 et seq.
2.
Review by Planning Commission Required. In the case of an amendment
other than that prepared by the Planning Commission, the Board of
Supervisors shall submit each such amendment to the Planning Commission
for recommendations at least 30 days prior to the date fixed for the
public hearing on such proposed amendment.
3.
Review by County Planning Commission. At least 30 days prior to the
date fixed for the public hearing on the amendment, the Board of Supervisors
shall submit the proposed amendment to the County Planning Commission
for its recommendations.
4.
Publication, Advertisement and Availability of Amendment. Proposed
amendments to this chapter shall not be enacted unless notice of proposed
enactment is given in the manner set forth in this section, and shall
include the time and place of the meeting at which passage shall be
considered, a reference to a place within the Township where copies
of the proposed amendment may be examined without charge or obtained
for a charge not greater than the cost thereof. The Board of Supervisors
shall publish the proposed amendment once in one newspaper of general
circulation in the Township not more than 60 days nor less than seven
days prior to passage. Publication of the proposed amendment shall
include either the full text thereof or the title and a brief summary,
prepared at the direction of the Board of Supervisors and setting
forth all the provisions in reasonable detail. If the full text is
not included:
A.
A copy thereof shall be supplied to a newspaper of general circulation
in the Township at the time the public notice is published.
B.
An attested copy of the proposed amendment shall be filed in the
Lancaster County law library or other county office designated by
the Lancaster County Commissioners, who may impose a fee no greater
than that necessary to cover the actual costs of storing said ordinances.
|
In the event substantial amendments are made in the proposed
amendment, before voting upon enactment, the Board of Supervisors
shall, at least 10 days prior to enactment readvertise, in one newspaper
of general circulation in the Township, a brief summary setting forth
all the provisions in reasonable detail together with a summary of
the amendments.
|
5.
Forwarding of Certified Copy to County Planning Commission. Within
30 days after adoption, the Board of Supervisors shall forward a certified
copy of any amendment to this chapter to the County Planning Commission.
6.
Official Ordinance Books. Subdivision and land development ordinances
and amendments may be incorporated into official ordinance books by
reference with the same force and effect as if duly recorded therein.
[Ord. 2011-03, 6/27/2011, § 22-903]
1.
When a plan, whether preliminary or final has been approved subject
to conditions, and when the applicant rejects the conditions, the
applicant shall so notify the Board of Supervisors in writing within
30 days of the date of the Board of Supervisors action. Such notification
of rejection of the conditions of approval shall serve to automatically
rescind the approval of the plan.
2.
Failure by the applicant to notify the Board of Supervisors of acceptance
or rejection of the conditions of approval within the time so specified
shall serve to automatically rescind approval of the plan.
[Ord. 2011-03, 6/27/2011, § 22-904]
1.
Review by the Board of Supervisors. The provisions of this chapter
are intended as a minimum standard for the protection of the public
health, safety and welfare. If the literal compliance with any mandatory
provision of this chapter is shown by the applicant, to the satisfaction
of the Board of Supervisors, to be unreasonable and to cause undue
hardship because of peculiar conditions pertaining to the lot in question,
provided that such modification shall not be contrary to the public
interest and that the purpose and intent of this chapter is observed,
the Board of Supervisors may grant a waiver from such mandatory provision
so that substantial justice may be done and the public interest secured
while permitting the reasonable utilization of the property.
2.
Authority to Impose Conditions. In granting waivers, the Board of
Supervisors may impose such conditions, as shall, in its judgment,
secure substantially the objectives of the standards and requirements
of this chapter.
3.
Procedures for Processing Waivers. All requests for waivers shall
be processed in accordance with the requirements of this chapter.
[Ord. 2011-03, 6/27/2011, § 22-905]
1.
Right to Appeal. Any person aggrieved by a finding, decision, or
recommendation of the Board of Supervisors with respect to the approval
or disapproval of a plan or waiver request may appeal as provided
for in the Municipalities Planning Code, 53 P.S. § 10101
et seq.
2.
Mediation. As an alternative to an adjudicatory appeal proceeding,
a party entitled to appeal a decision of the Board of Supervisors
may request the utilization of mediation as an aid in resolving the
dispute. Participation in mediation shall be wholly voluntary by the
parties, and shall be conducted as prescribed in the Municipalities
Planning Code, 53 P.S. § 10101 et seq.
[Ord. 2011-03, 6/27/2011, § 22-906]
1.
Any person, partnership or corporation, or the members of such partnership
or the officers of such corporation, who or which, being the owner
or agent of the owner of any lot, tract or parcel of land, shall:
A.
Lay out, construct, open and/or dedicate any street, sanitary sewer,
storm sewer, water main or other improvement for public use, travel
or other purposes or for the common use of occupants of buildings
abutting thereon.
B.
Sell, transfer or agree to enter into an agreement to sell or transfer
any land in a subdivision or land development, whether by reference
to or by use of a plan of such subdivision or land development or
otherwise.
C.
Erect any building or buildings that constitute a land development
thereon.
D.
Commence site grading or construction of improvements prior to recording of a final plan unless such grading or construction is for the sole purpose of installing improvements as prescribed in § 22-304 herein, unless and until a final plan has been prepared in full compliance with the provisions of this chapter and has been recorded as provided herein.
E.
Fail to comply with any condition imposed upon approval of a preliminary
plan or a final plan or any condition imposed upon the granting of
any waiver.
F.
Fail to comply with any agreement with the Township or the Authority
relating to development in accordance with a preliminary plan or a
final plan.
G.
Fail to comply with any note included on an approved preliminary
plan or final plan commits a violation of this chapter.
H.
Fail to reimburse the Township for review and inspection fees within
30 days after the date of an invoice for such fees unless the developer
has contested such fees in accordance with Article V of the Municipalities
Planning Code, 53 P.S. § 10501 et seq.
I.
Fail to provide documents required to transfer an improvement which
has been dedicated to the Township or to the sewer authority or to
the relevant water authority within 30 days after the date of a notification
that the Township or the sewer authority or water authority, as applicable,
desires to accept dedication.
2.
Any person, partnership or corporation, or the members of such partnership
or the officers of such corporation, who or which, being the owner
or agent of the owner of any lot, tract or parcel of land, shall construct
or permit the construction of any improvement or develop or permit
the development of any property in a manner that does not fully comply
with the approved improvement construction plan or final plan, as
applicable, commits a violation of this chapter.
3.
Any person, partnership or corporation, or the members of such partnership
or the officers of such corporation, who or which, being the owner
or agent of the owner of any lot, tract or parcel of land, shall knowingly
provide false information on any plan, report, certification or other
document required to be submitted by this chapter commits a violation
of this chapter.
4.
Any person, partnership or corporation, or the members of such partnership
or the officers of such corporation, who or which, being the owner
or agent of the owner of any lot, tract or parcel of land, in any
other way takes action or permits another to take action not authorized
by this chapter or contrary to the provisions of this chapter commits
a violation of this chapter.
5.
As an additional condition for the issuance of a permit or the granting
of an approval to any owner, current owner, vendee or lessee for the
development of any such real property, the Township may require compliance
with the conditions that would have been applicable to the property
at the time the applicant acquired an interest in such real property.
[Ord. 2011-03, 6/27/2011, § 22-907]
1.
Enforcement Remedies.
A.
Magisterial district judges shall have initial jurisdiction in proceedings
brought under this section.
B.
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefore
in a civil enforcement proceeding commenced by the Township, pay a
judgment of not more than $500 plus all court costs, including reasonable
attorney 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 the magisterial district judge.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgment pursuant to the applicable rules
of civil procedure. Each day that a violation continues shall constitute
a separate violation, unless the magisterial district judge determining
that there has been a violation further determines that there was
a good faith basis for the person, partnership or corporation violating
the chapter to have believed that there was no such violation, in
which 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
by the magisterial district judge and thereafter each day that a violation
continues shall constitute a separate violation.
C.
The court of common pleas, 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.
D.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
2.
Preventive Remedies.
A.
In addition to other remedies, the Township may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to prevent illegal occupancy of a building, structure or premises.
The description by metes and bounds in the instrument of transfer
or other documents used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
B.
The Township may refuse to issue any permit or grant any approval
necessary to further improve or develop any real property that has
been developed or that has resulted from a subdivision of real property
in violation of this chapter. This authority to deny such a permit
or approval shall apply to any of the following applicants:
(1)
The owner of record at the time of such violation.
(2)
The vendee or lessee of the owner of record at the time of such
violation without regard as to whether such vendee or lessee had actual
or constructive knowledge of the violation.
(3)
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
(4)
The vendee or lessee of the current owner of record who acquired
the property subsequent to the time of violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation. As an additional condition for issuance of a permit
or the granting of an approval to any such owner, current owner, vendee
or lessee for the development of any such real property, the Township
may require compliance with the conditions that would have been applicable
to the property at the time the applicant acquired an interest in
such real property.
3.
Abatement of Violations Prior to Additional Plan Approvals. No approval shall be granted to any subsequent phases of a development until all outstanding violations are abated and the project is in full compliance both with the standards and conditions of this chapter and the Township Zoning Ordinance [Chapter 27].
[Ord. 2011-03, 6/27/2011, § 22-908]
The Board of Supervisors shall keep an accurate, public record
of its findings, decisions, and recommendations relevant to all applications
filed with it for review or approval.
[Ord. 2011-03, 6/27/2011, § 22-909]
Should any section, subsection or provision of this chapter
be declared by a court of competent jurisdiction to be invalid, such
decisions shall not affect the validity of the chapter as a whole,
or of any other part thereof.
[Ord. 2011-03, 6/27/2011, § 22-910]
Whenever there is a difference between the minimum applicable
standards specified herein and those included in other applicable
Township regulations, the more stringent requirement shall apply.
[Ord. 2011-03, 6/27/2011, § 22-911]
All applicants and all developers shall be required to reimburse
the Township for all fees charged by the Township Engineer, Township
Solicitor, or other professional consultant relating to the review
of plans and materials submitted by an applicant, review and preparation
of documents submitted under this chapter or required by this chapter,
inspection of improvements, and processing acceptance of dedication
of any improvements constructed in accordance with a plan submitted
and approved under this chapter. Applicants shall also pay application
fees to the Township to reimburse the Township for its administrative
costs. All application fees and regulations concerning reimbursement
of the fees imposed by the Township Engineer, Township Solicitor,
or other professional consultant shall be imposed and collected in
accordance with ordinances enacted or resolutions adopted by the Board
of Supervisors and in accordance with the provisions of the Municipalities
Planning Code, 53 P.S. § 10101 et seq.
