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.
A.
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 amended.
B.
In the case of an amendment other than that prepared
by the Planning Commission, the Board of Supervisors shall submit
each amendment to the Planning Commission for recommendations at least
30 days prior to the date of the public hearing on such proposed amendment
A.
The provisions of this chapter are intended as minimum
standards for the protection of the public health, safety and welfare.
The Township Board of Supervisors may modify said provisions to the
benefit of the developer, provided that the majority of the members
of the Board of Supervisors present at a scheduled public meeting
determines that the waiver:
(2)
Will remove or reduce an unreasonable or undue hardship,
as it applies to the particular property, which is grossly disproportionate
to any benefit derived from the standard.
(3)
Will result in an equal or better situation.
(4)
Provides reasonable utilization of the property while
securing the public interest.
B.
All waivers of the minimum standards shall be processed in accordance with the waiver provision described in § 240-12. It shall be the burden of the applicant to demonstrate compliance with the above conditions. In granting waivers, the Board of Supervisors may impose such conditions as will, in its judgment, secure substantially the objectives of the this chapter.
The decision of the Board of Supervisors with
respect to the approval or disapproval of plans may be appealed, as
provided for in the Pennsylvania Municipalities Planning Code, Act
247 of 1968, as amended.
[Amended 10-14-2002 by Ord. No. 170]
A.
Any person, partnership, limited liability company,
corporation or other entity, or the members of such partnership, limited
liability company or other entity, or the officers of such corporation
or other entity, 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 without full compliance with the provisions
of this chapter; or
(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 without full compliance with the provisions
of this chapter; or
(3)
Erect any building or buildings which constitute a
land development thereon without full compliance with the provisions
of this chapter; or
(4)
Commence site grading or construction of improvements prior to recording of a final plan unless such grading or construction is for the sole purpose of installing improvements as prescribed in § 240-17 herein, 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
(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; or
(6)
Fail to comply with any agreement with the Township
or any provider of water or sewer service relating to development
in accordance with a preliminary plan or a final plan; or
(7)
Fail to comply with any note included on an approved
preliminary plan or final plan;
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Commits a violation of this chapter.
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B.
Any person, partnership, limited liability company,
corporation or other entity, or the members of such partnership, limited
liability company or other entity, or the officers of such corporation
or other entity, who or which, being the owner or agent of the owner
of any lot, tract or parcel of land, shall 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
preliminary plan or final plan, as applicable, commits a violation
of this chapter.
C.
Any person, partnership, limited liability company,
corporation or other entity, or the members of such partnership, limited
liability company or other entity, or the officers of such corporation
or other entity, who or which, being the owner or agent of the owner
of any lot, tract or parcel of land, shall knowingly provide false
information on any plan, report, certification or other document required
to be submitted by this chapter commits a violation of this chapter.
D.
Any person, partnership, limited liability company,
corporation or other entity, or the members of such partnership, limited
liability company or other entity, or the officers of such corporation
or other entity, who or which, being the owner or agent of the owner
of any lot, tract or parcel of land, 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.
[Amended 10-14-2002 by Ord. No. 170]
A.
Any person, partnership, limited liability company,
corporation or other entity, or the members of such partnership, limited
liability company or other entity, or the officers of such corporation
or other entity, who or which shall violate any of the provisions
of this 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 attorneys'
fees incurred by the Township as a result thereof. No judgment shall
commence or be imposed, levied or payable until the date of the determination
of a violation by a District Justice. If the defendant neither pays
nor timely appeals the judgment, the 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, limited liability company, corporation or other entity,
or the members of such partnership, limited liability company or other
entity, or the officers of such corporation or other entity, violating
this chapter to have believed that there was no such violation. If
the District Justice makes a determination of good faith, there shall
be deemed to have been only one such violation until the fifth day
following the date of determination of a violation by the District
Justice, and thereafter each day that a violation continues shall
constitute a separate violation.
B.
The Township may institute and maintain 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 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 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 or constructive
knowledge of the violation.
D.
As an additional condition for the issuance of a permit
or the granting of an approval to any owner, current owner, vendee
or lessee for the development of any 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 property.
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.
A.
Whenever there is a difference between the minimum
applicable standard specified herein and those included in other applicable
regulations, the more stringent requirement shall apply.
B.
The West Lampeter Township Subdivision and Land Development
Ordinance of 1984, Ordinance No. 72, as amended, is hereby amended;
provided, however, that the amendment 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,
including criminal proceedings, pertaining to any act done which would
have constituted a violation of the West Lampeter Township Subdivision
and Land Development Ordinance of 1984, or its applicable predecessor
ordinances and regulations, and all provisions of said repealed ordinances
shall remain in full effect and force, and not repealed hereby, as
they pertain to said acts.
