A. 
The provisions of this chapter represent minimum standards for the protection of the public welfare.
B. 
If an applicant feels that any mandatory provision of this chapter is unreasonable and would cause unique and undue hardship as it applies to his proposed subdivision or land development, such applicant may apply to the Township Supervisors in writing for a waiver of said provision. If, upon review, the Supervisors find that substantial justice would be served and the public interest secured by granting the applicant's request, they may grant a waiver or modification in writing to such applicant, provided that such waiver or modification will not have the effect of nullifying the intent and purpose of this chapter.
C. 
In granting waivers or modifications, the Township Supervisors may impose such conditions as will, in their judgement, encourage innovative design and secure substantially the objectives of the standards or requirements so waived or modified.
The Township Planning Commission and Supervisors shall maintain an accurate public record of all the plans they review and those upon which they take action and of their findings, decisions and recommendations in relation thereto.
The Township Supervisors may, from time to time, revise, modify, and amend this chapter by proceeding to advertise and take action at a scheduled public meeting, all in accordance with the applicable provisions of Section 505 of the Pennsylvania Municipalities Planning Code,[1] or as may hereafter be amended.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
In addition to other remedies, the Mahoning Township Supervisors 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 transferrer from such penalties or from the remedies herein provided.
B. 
As provided by Section 515.1 of the Pennsylvania Municipalities Planning Code,[1] or as may hereafter be amended, the Mahoning Township Supervisors may refuse to issue any permit or grant any approval necessary to further improve or develop any real property which has been developed or which has resulted from a subdivision of real property in violation of the Mahoning Township Subdivision and Land Development Ordinance of 1980 or any prior regulations adopted pursuant to the requirements of the Pennsylvania Municipalities Planning Code which may have been in effect in Mahoning Township. The 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
C. 
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 Supervisors may require compliance with the conditions that would have applied to the property at the time the applicant acquired an interest in such real property.
A. 
In order to properly carry out the administration and enforcement of this chapter, the Mahoning Township Supervisors may appoint a Subdivision Ordinance Administrator and may grant to this individual the power and authority to administer and enforce the provisions of this chapter. Said Administrator shall hold no elective office in the Township, nor be an appointed member of the Township Planning Commission. The individual selected shall meet the qualifications established by the Township and shall be able to demonstrate a working knowledge of municipal subdivision regulations and may be compensated for his work.
B. 
The Administrator shall be technically responsible to the Township Supervisors and shall report to them monthly on work accomplished. He shall also work closely with the Township Planning Commission and assist the Commission as it reviews all proposed subdivision and land development applications. The Administrator shall verify all subdivision information supplied as part of any application for a zoning permit and shall coordinate with the Township Zoning Officer on other matters as necessary or appropriate. In addition, the Administrator shall perform all other tasks as designated in his job description. In the event that the Subdivision Ordinance Administrator is unavailable to perform the duties and responsibilities assigned herein, the Township Zoning Officer or other individual duly designated by the Township Supervisors may temporarily perform these functions.
Failure to obtain subdivision or land development approvals as required by this chapter or failure to carry out the requirements of any such approval shall be considered a violation of this chapter and shall be remedied as follows.
A. 
Enforcement notice. Whenever it appears to the Subdivision Ordinance Administrator or other individual designated to administer this chapter that there has been a violation of any provision of this chapter, the Administrator on behalf of the Township shall give notice of such alleged violation as hereinafter provided. Such enforcement notice shall:
(1) 
Be in writing;
(2) 
Be served upon the owner of record of the property on which the violation has occurred, or be sent to him by certified mail (return receipt requested);
(3) 
State the name of the owner of record and any other person against whom the Township intends to take action;
(4) 
Indicate the location of the property in violation;
(5) 
Identify the specific violation(s) with a description of the requirements which have not been met, citing in each instance the applicable provisions of the Ordinance;
(6) 
Contain an outline of remedial action which, if taken, will effect compliance, or specify a time period within which the property owner must contact the Administrator to discuss appropriate remedial action; and
(7) 
Indicate that failure to comply with the notice within the time specified shall constitute a violation and will be prosecuted or remediated as provided in this section.
B. 
Enforcement remedies.
(1) 
Any person, partnership or corporation who or which has violated the provisions of this chapter, whether enacted under current law or prior enabling laws, shall, upon being found liable therefor in a civil enforcement proceeding commenced by Mahoning 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 be commenced or be imposed, levied or be payable until the date of the determination of a violation by the District Justice. If the defendant neither pays nor timely appeals the judgment, Mahoning 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 District Justice 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 District Justice, and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to Mahoning Township.
(2) 
In addition to the procedures set forth above, Mahoning Township may also utilize the procedures set forth in § 211-58A of this chapter as enforcement remedies.
(3) 
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.
(4) 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than Mahoning Township, or its duly appointed agent, the right to commence any action for enforcement pursuant to this section.
A. 
Township fees. All plan processing, improvement design review and inspection fees shall be paid to Mahoning Township. Such fees shall be as defined below and shall be designed to cover reasonable and necessary costs associated with processing and evaluating subdivision and land development plans, reviewing proposed designs for site improvements, and conducting inspections of improvement construction and installations required by this chapter.
(1) 
Municipal plan processing fees. Fees for the processing and evaluating of preliminary and final subdivision and land development plans shall be established by resolution of the Mahoning Township Supervisors. Such fees shall be reasonable and shall include all municipal review and processing charges. These fees shall accompany the submission of plans to Mahoning Township and shall be nonrefundable.
(2) 
Improvement design review fees. The applicant shall reimburse the Township for all reasonable and necessary charges by the Township Engineer and/or other professional consultants, including the municipal Solicitor, for review of site improvement or development designs. Such engineering and/or consulting fees shall be in accordance with the ordinary and customary charges by the Engineer or consultant for similar service in the region, but in no event shall the fees exceed the rate or cost charged by the Engineer or consultant to the Township when fees are not reimbursed or otherwise imposed on applicants. [See Subsection A(4) below for escrow agreement and account requirements.]
(3) 
Improvement inspection fees. Where site improvements are required by the Township to be installed as a condition of final approval of a subdivision or land development plan, said improvements must be inspected by the Township Engineer in accordance with the procedure set forth in § 211-39 of this chapter upon their completion. The applicant shall reimburse the Township for the reasonable and necessary expenses incurred for the inspection of such improvements. Such expense shall be in accordance with the ordinary and customary fees charged by the Township Engineer for work performed for similar services in the region, but in no event shall the fees exceed the rate or cost charged by the Engineer to the Township when fees are not reimbursed or otherwise imposed on applicants. [See Subsection A(4) below for escrow agreement and account requirements.]
(4) 
Escrow agreement and escrow account requirements.
(a) 
Escrow agreement. The applicant shall enter into a written agreement with the Township which sets forth the terms and conditions of the escrow account to be established for: 1) the review of designs for improvements in the proposed subdivision or land development; and 2) the inspection of the installation of said improvements.
(b) 
Escrow account. Initial funds necessary to cover expenses incurred in connection with the review of improvement designs by the Township Engineer or other professional consultants (as established in the Schedule of Fees adopted by the Township Supervisors) shall be paid to Mahoning Township at the time of plan submission. Funds intended to cover the cost of the inspection of improvement installation shall be paid to the Township prior to final plan approval or prior to the release of an improvement guarantee or other financial security guaranteeing satisfactory improvement installation. Said funds shall be set aside by the municipality in a special escrow account for the proposed subdivision or land development. The applicant will receive an itemization of all charges made to the account, and any unused funds in the account will be returned to him after completion of the applicable phase of the project. Conversely, the applicant may be required to place additional funds into the account where necessary to cover unforeseen plan or installation complexities and/or additional reviews or inspections. (Additional escrow funds may also be required by the Mahoning Township Authority or other agencies responsible for inspecting other aspects of the proposed subdivision or land development.)
(c) 
Dispute resolution. In the event the applicant disputes the amount of the improvement design review fees, the procedure for resolution of such disputes contained in Section 503(1)(i) of the Pennsylvania Municipalities Planning Code,[1] or as may hereafter be amended, shall be applied. Where the applicant disputes the amount of the inspection fee, the procedure set forth in Section 510(g) of the Pennsylvania Municipalities Planning Code, or as may hereafter be amended, shall be applied.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B. 
County plan review fees. Fees for County Planning Commission review of plans for proposed subdivision or land development located in Mahoning Township shall be established by the Montour County Board of Commissioners. Applicants shall be responsible for assuming all costs associated with the county review of subdivision or land development plans, according to the fee schedule and procedure established by Montour County.