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.