The Board of Supervisors may, from time to time,
revise, modify and amend these regulations by appropriate action in
accordance with the provisions of the Pennsylvania Municipalities
Planning Code, Act 247, as amended. The Board of Supervisors shall
establish the time and place of the public hearing on the proposed
amendment by resolution, and shall give 30 days notice in accordance
with the following:
A.
A notice shall be published in a newspaper of general
circulation, not more than 60 days nor less than seven days prior
to considering adoption of an amendment.
B.
The notice shall state the time and place of the hearing
and either the full text of the amendment or the title and a brief
summary, prepared by the Township Solicitor, and setting forth all
the provisions in reasonable detail, according to Section 506 of the
Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10506.
C.
The notice shall reference the 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.
D.
In case of an amendment not prepared by the Township
Planning Commission, the Board of Supervisors shall submit such amendment,
at least 30 days prior to the date fixed for the public hearing, to
the Planning Commission for recommendations on such proposed amendment.
E.
At least 30 days prior to the public hearing, the
proposed amendment shall be submitted to the Chester County Planning
Commission for recommendations.
F.
Within 30 days of adoption of the amendment, the Board
of Supervisors shall forward a certified copy of the amendment to
the Chester County Planning Commission.
A.
The Board of Supervisors, solely at its discretion,
may grant a modification of the requirements of one or more provisions
of this chapter if the literal enforcement will exact undue hardship
because of peculiar conditions pertaining to the land in question
or if an alternative standard can be demonstrated to provide equal
or better results, provided that such modification will not be contrary
to the public interest and that the purpose and intent of the chapter
is observed.
B.
In granting a modification, the Board of Supervisors
may impose such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements so modified.
C.
Any request for a modification shall be in writing
and shall accompany the subdivision or land development application.
A modification may, when authorized by the Board of Supervisors, be
requested after the application has been submitted. The request shall
describe the modification desired, state the rationale for approving
the modification, and describe why the chapter provisions are unreasonable
and present undue hardship.
D.
The Board of Supervisors shall refer the request for
modification to the Township Planning Commission for review and recommendation.
E.
The Township shall keep a written record of all actions
on all requests for modifications.
[Amended 7-25-2005]
A.
An applicant aggrieved by a finding, decision or recommendation
to the Board of Supervisors may request and receive opportunity to
appear before the Board, to request a hearing, to present additional
relevant information, and to request reconsideration of the original
finding, decision or recommendation. The request shall be made to
the Board within 30 days of the date of written notice of the finding,
decision or recommendation.
B.
In the application for a reconsideration the applicant
shall extend the review period for the Board of Supervisors to render
a finding, decision, or take official action with respect to a plan
for land development before it so that the Board of Supervisors will
have at least 45 days after the last appearance before the Board to
render such findings, decision, or orders that the Board of Supervisors
deems appropriate under the circumstances. Failing to grant such extension
in writing, the application for reconsideration shall be automatically
denied.
C.
Where a decision has been made by the Township Manager
or the Board of Supervisors that a Land Development Plan is required
under this chapter, an applicant, property owner, or developer aggrieved
by such finding, decision or recommendation shall have the right to
appeal to the Board of Supervisors and request and receive an opportunity
for a hearing for the taking of testimony with respect to such finding.
The Board shall appoint an independent hearing counsel to conduct
the hearing and advise the Board of Supervisors. The Township Solicitor
shall have the opportunity to present evidence and examine witnesses
in support of the decision that a Land Use Development Plan is necessary.
The proceeding shall be stenographically recorded. The Township, by
resolution, may impose reasonable fees and costs to cover the costs
that the Township may incur with respect to the aforesaid process.
A written decision shall be rendered by the Board of Supervisors within
45 days of the final hearing unless the parties agree to extend the
time for the decision. Thereafter, the applicant, owner, or developer
shall have the right to appeal the decision of the Board to the Court
of Common Pleas in accordance with the Pennsylvania Municipality Planning
Code.
A.
The Board of Supervisors is authorized to enforce
the provisions of this chapter. The Board of Supervisors may institute
and maintain appropriate legal proceedings in law or in equity to
restrain, correct or abate violations, including but not limited to
requiring compliance with the provisions of this chapter, to recover
damages, and to prevent the illegal occupancy of a building, structure
or premises.
B.
The Township 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 this chapter. The authority to deny
such a permit shall apply to any of the following:
(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 with regard as to whether such vendee or lessee
has 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 has 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.
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 Board
of Supervisors 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.
A.
Any person, partnership or corporation violating the
provisions of the North Coventry Township Subdivision and Land Development
Chapter shall, upon being found liable therefor 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.
(1)
Magisterial District Judges shall have initial jurisdiction
in proceedings brought under this section. No judgment shall commence
or be imposed, levied or be payable until the date of the determination
of a violation by the Magisterial District Judge.
(2)
If the defendant neither pays nor timely appeals the
judgment, the municipality may enforce the judgment pursuant to the
applicable rules of civil procedure.
(3)
Each day that a violation continues shall constitute
a separate violation, unless the Magisterial District Judge 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.
B.
The applicant shall be held responsible for the integrity
of the subdivision or land development. Approval of a Final Subdivision
or Land Development Plan or dedication of a street within a development
does not relieve the applicant from responsibility for any problems
that may arise from development.
A.
In applying for Township review of a subdivision or
land development application, the applicant shall pay a cash fee to
be determined in accordance with a fee schedule ordinance adopted
by resolution of the North Coventry Township Board of Supervisors,
as amended or modified from time to time.
B.
The costs of all studies and consulting work required
by this chapter shall be the responsibility of the applicant. The
applicant is free to choose his own consultant; however, the Township
may, at it's discretion, select a consultant(s) to participate in
or review the work of the applicant's consultant, at applicant's expense.
In addition, the applicant or applicant's agent shall be responsible
for and shall pay all Township Engineer's inspection and review costs
incurred by the Township, and all legal and other consulting costs
and expenses incurred by the Township in the review of the subdivision
or land development application in the event that scheduled fees do
not cover the actual costs.
C.
The fee schedule resolution adopted by the North Coventry
Board of Supervisors shall establish an initial payment to cover administrative
expenses related to the subdivision or land development review process.
It also shall establish an initial payment, to be held by the Township
as security for payment of the Township Engineer, legal and other
consulting costs and expenses in the Township review process.
(1)
In the event the Township Board of Supervisors determines
that the engineering, legal and other consulting costs and expenses
are likely to exceed the maximum initial payment toward those costs
and expenses, additional security may be required by the Board of
Supervisors.
(2)
If the engineering, legal and other consulting costs
and expenses exceed the amounts paid from fees, the Township shall
bill the developer for the excess costs and expenses, and the developer
shall pay the Township by check for those excess costs and expenses
within 30 days.
