A.
Purpose and requirements. The provisions of these regulations 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 these regulations is shown by the applicant, to the satisfaction
of the majority of the members of the Planning Commission present
at a public meeting, to exact undue hardship because of peculiar conditions
pertaining to the land in question, the Planning Commission may grant
a modification from such mandatory provision, provided that such modification
will not be contrary to the public interest and that the purpose and
intent of this chapter is observed. However, the granting of a modification
shall not have the effect of making null and void the intent and purpose
of this chapter.
B.
Application requirements. All requests for waivers shall be made
in accordance with the following procedure:
(1)
All requests for a waiver shall be made in writing and shall be made prior to submission of an application for development or shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of the unreasonableness or hardship on which the request is based, the section or sections of this chapter which are requested to be modified and the minimum modification necessary. If not a part of the application for another type of plan in this chapter, the request shall be accompanied by a plan prepared at least to the minimum standards of a sketch plan. (See Article IV.)
(2)
Should a revision to a submitted plan require a waiver which was not apparent at the time of the initial plan submission, the request for a waiver shall be submitted in accordance with Subsection A above at the time of submission of the revised plans.
(3)
Requests for waivers shall be considered by the Planning Commission
at a public meeting which is at least seven days after the submission
of the waiver request.
C.
Action on modification applications. At a public meeting, the Planning Commission shall review the request in accordance with the requirements in Subsection A. The applicant shall demonstrate that an alternative proposal will allow for equal or better results and represents the minimum modification necessary. If the Planning Commission determines that the applicant has met this burden, it may grant a waiver from the literal compliance with the terms of this chapter. In granting waivers, the Planning Commission may impose such conditions as will, in its judgment, secure the objectives and purposes of this chapter.
D.
Records. The Planning Commission shall keep a written record of all
action on all requests for modifications.
A.
It shall be the duty of the Zoning Officer, Township Engineer, and/or
other such duly authorized representative of Mount Joy Township, and
he is hereby given the power and authority, to enforce the provisions
of this chapter.
B.
The Zoning Officer shall require that the application for a zoning
permit contain all information necessary to enable him to ascertain
whether the proposed building, alteration or use is located in an
approved subdivision or land development. No zoning permit shall be
issued until the Zoning Officer has determined that the site for the
proposed building, alteration or use complies with all the provisions
of this chapter and conforms to the site description as indicated
on the approved and recorded final plan.
A.
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: (1) 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; (2) 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; (3) erect any building or buildings which constitute a land development thereon; (4) commence site grading or construction of improvements prior to approval of an improvement construction plan or recording of a final plan; (5) 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; (6) 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; (7) fail to comply with any note included on an approved preliminary plan or final plan; (8) construct or permit the construction of any improvement or develop or permit the development of any property in a manner which does not fully comply with the approved improvement construction plan or final plan, as applicable; (9) knowingly provide false information on any plan, report, certification or other document required to be submitted by this chapter; or (10) 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. Such person shall be subject to all of the penalties and remedies set forth in Article V of the Municipalities Planning Code.
B.
In addition to other remedies, the Township may institute and maintain
appropriate actions at law or in equity to restrain, correct or abate
violations of this chapter, to prevent unlawful construction, to recover
damages and/or to prevent illegal occupancy of a building, structure
or premises.
C.
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.
D.
The Township may further 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 this chapter. The authority to deny
such 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 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 the 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 constructive knowledge
of the violation.
E.
As an additional condition for the 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 estate.
The Township may impose fees and charges to recover all costs
incurred in the administration of this chapter. All fees and charges
may be adopted by resolution or ordinance. These fees may include,
but not be limited to, an application fee; fees for the review of
the plans, studies, financial security and associated documentation
by the Township Engineer, Township Solicitor or other professional
consultant; fees for the inspection of improvements installed in connection
with development authorized by a plan; and fees for the acceptance
of dedication of improvements.
