This article outlines the procedures for enforcement
and amendment of this chapter, as well as procedures for challenges
and appeals of decisions rendered under this chapter.
Amendments to this chapter shall become effective
only after a public hearing held pursuant to public notice in the
manner prescribed for enactment of a subdivision and land development
ordinance in the Pennsylvania Municipalities Planning Code, Act 247
of 1968, as reenacted and amended by Act 170 of 1988, and as subsequently
amended.
The provisions of this chapter are intended as minimum standards for the protection of the public health, safety and welfare. The Board of Supervisors may modify any mandatory provision of these regulations in accordance with the provisions of §
194-12.
The decision of the Board of Supervisors may
be appealed, as provided for in the Pennsylvania Municipalities Planning
Code, Act 247 of 1968, as reenacted and amended by Act 170 of 1988,
and as subsequently amended.
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 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; or sell, transfer or agree or 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; or erect any building or buildings which constitute a land development thereon; or commence site grading or construction of improvements before recording of a final plan, unless such grading or construction is for the sole purpose of installing improvements, as prescribed in §
194-19; 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, or who, or which, in any other way is in violation of or violates any of the provisions of this chapter, shall be subject to the penalties and remedies set forth in §
194-84.
The Township shall keep an accurate, public
record of its findings, decisions and recommendations relevant to
all applications filed with it for review or approval.
Whenever there is a difference between the standards
specified herein and those included in other applicable regulations,
the more stringent requirement shall apply.
The Subdivision and Land Development Ordinance
of the Township of East Cocalico, as adopted on November 21, 1990,
and as subsequently amended, is hereby repealed in total; provided,
however, that this repeal shall in no manner be construed as a waiver,
release or relinquishment of the right to initiate, pursue, or prosecute,
as the case may be, any proceeding at law or in equity pertaining
to any act done which would have constituted a violation of the Subdivision
and Land Development Ordinance of 1990, as amended. All provisions
of the Subdivision and Land Development Ordinance of 1990, as amended,
shall remain in full force and effect, and are not repealed hereby,
as they pertain to such acts, and to the processing of such plans
filed prior to the effective date of this chapter which are protected
from the effect of intervening ordinances by Section 508(4) of the
Pennsylvania Municipalities Planning Code.
An approval issued in violation of the provisions
of the chapter is void without the necessity of any proceedings for
revocation. Any work undertaken pursuant to such an approval is unlawful.
No action may be taken by a board, agency, or employee of the Township
purporting to validate such a violation.
The developer shall be responsible for observing
the procedures established in this chapter and for submitting all
plans and documents as may be required.
This chapter shall not affect any act done,
or any offense committed, prior to its effective date nor affect any
action to enforce any prior ordinance or to punish any offense against
a prior ordinance.
[Added 10-1-2008 by Ord. No. 2008-04]
In order to ensure that the review processes and administration
of this Subdivision and Land Development Ordinance are accomplished
in a manner that is readily accessible to all citizens of the Township,
any information and/or plans submitted associated with any application,
permit, petition, appeal or any other request shall be provided in
a form that is reproducible, without restriction, by any and all interested
parties and/or the general public.