A.
Preventive remedies.
(1)
In addition to other remedies, the Township may institute
and maintain appropriate actions by law or in equity to restrain,
correct or abate violations, to prevent unlawful construction, to
recover damages and to prevent illegal occupancy of a building, structure
or premises 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.
(2)
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. This authority to deny
such a permit or approval shall apply to any of the following applicants:
(a)
The owner of record at the time of such violation.
(b)
The vendee or lessee of the owner of record
at the time of such violation (without regard as to whether such vendee
or lessee had actual or constructive knowledge of the violation).
(c)
The current owner of record who acquired the
property subsequent to the time of violation (without regard as to
whether such current owner had actual or constructive knowledge of
the violation).
(d)
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).
(3)
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 as described
above, 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.
B.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which
has violated 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 attorney fees incurred by the Township. Each
day that a violation continues shall constitute a separate violation.
(2)
Any person, partnership or corporation who or which
being the owner or agent of the owner of any lot, tract or parcel
of land shall layout, construct, open 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 who sells, transfers or agrees or enters into
an agreement to sell any land in a subdivision or land development
whether by reference to or to by other use of a plan of such subdivision
or land development or otherwise, or who erects any building thereon,
unless and until a final plan has been approved in full compliance
with the provisions of this chapter and has been recorded as provided
herein, shall be guilty of a violation of this chapter.
A.
The Board shall prescribe and make available to applicants
a form upon which all applications for approval of subdivision and
land development plans shall be made.
B.
Every applicant shall, at the time of filing application
for approval of a plan, pay to the Township of West Whiteland a nonrefundable
filing fee as adopted by the Board and an escrow deposit, as set forth
herein, to cover the costs of plan review and processing. Amounts
of the filing fee and escrow deposit shall be fixed by the Board by
resolution. The escrowed funds shall be used to reimburse the Township
for actual expenditures incident to these processes, including but
not limited to the review fees which are otherwise recoverable under
53 P.S. § 10503. Professional consultants include, but are
not limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects and planners,
including professionals employed by the Township such as the Director
of Planning. Any costs incurred by the Township in excess of the amount
held in escrow shall be fully reimbursed by the applicant from time
to time in accordance with schedules fixed by the Board by resolution
and in any case prior to issuance of any permits. Any costs not paid
within the time specified by the Township shall be assessed an interest
penalty as established by the Board and may result in the suspension
of reviews of the applicant's plans. All delinquent accounts may be
deemed a municipal claim and collected pursuant to the Municipal Claims
and Tax Liens Act, 53 P.S. § 7101 et seq.
[Amended 11-18-2009 by Ord. No. 367]
C.
For plans involving both subdivision and land development,
both fees will apply to the areas affected.
D.
Where sketch plan review, traffic studies or other
special analyses are required by the Board, the applicant shall agree
to reimburse the Township for costs incurred.
E.
The applicant shall reimburse the Township for expenses
incurred for the inspection of improvements based upon a schedule
established by resolution of the Board from time to time. Following
final plan approval and prior to recording, a second escrow deposit
shall be established to cover the cost of inspections of improvements,
construction, materials, or site testing or maintenance costs prior
to the acceptance of improvements by the Township. Any costs incurred
by the Township in excess of the amount held in escrow shall be fully
reimbursed by the applicant from time to time in accordance with schedules
fixed by the Board by resolution and in any case prior to the acceptance
of any public improvements. Any costs not paid within the time specified
by the Township shall be assessed an interest penalty as established
by the Board and may result in the denial or withdrawal of any permits.
All delinquent accounts may be deemed a municipal claim and collected
pursuant to the Municipal Claims and Tax Liens Act, 53 P.S. § 7101
et seq.
[Amended 11-18-2009 by Ord. No. 367]
F.
The applicant shall send written notification of the filing of an application for a subdivision and/or land development to all property owners within 300 feet of the subject property and to all property owners who have registered their names with the Township pursuant to Subsection G of this section as follows:
(1)
The 300 feet shall be measured at a right angle from
all points on every property line.
(2)
The names and addresses of the adjacent property owners shall be obtained from records of the Chester County Tax Assessment Office. The names and addresses of the owners registered under Subsection G of this section shall be obtained from the Township Zoning Officer.
(3)
The notification shall be sent by regular mail and
certified mail, return receipt requested, and mailed a minimum of
two weeks before the first scheduled public meeting of the Township
Planning Commission. At the meeting, the applicant shall provide a
copy of each notification sent and certified mail green cards, if
available. Review of the application shall not proceed unless the
copies are provided.
(4)
At a minimum, the written notice shall contain the
street address of the parcel, a general description of what is proposed
by the applicant, the time, date and location of the first Planning
Commission meeting where the application will be discussed and inform
the property owner that only one notice will be provided and that
they are not required to attend, but may attend if interested.
[Amended 8-26-1997 by Ord. No. 259]
A.
The Board may, from time to time, revise, modify and
amend this chapter by appropriate action taken at a scheduled public
meeting. The Board shall submit such modifications or amendments to
the Planning Commission for review and recommendation.
B.
Notice of the date, time and place of such public
hearing shall be in accordance with the requirements of public notice.
The amendment or revision itself, or a summary thereof, shall be published
once each week for two successive weeks in a newspaper of general
circulation in the Township with the first such publication not more
than 30 days, and the second publication not less than seven days,
before the date of the hearing. Such publication shall include reference
of place within the Township where copies of the proposed ordinance
amendment or revision may be examined without charge or obtained for
a charge not greater than the cost thereof. Further, either the full
text or a brief summary, setting forth all provisions in reasonable
detail, shall be included in the publication. If the full text is
not included a copy of the full text of the proposed amendment or
revision shall be supplied to the said newspaper and to the Chester
County Law Library.
A.
The Board 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, provided that such modifications will not
be contrary to the public interest and that the purpose and intent
of this chapter is observed.
B.
All requests for a modification shall be in writing
and shall accompany and be a part of the application for development.
The request shall state in full the grounds and facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of this chapter involved and the minimum modification necessary. The
request for modification may be referred to the Planning Commission
for advisory comments. The Board shall keep a written record of all
action on all requests for modifications.
C.
In granting modifications, the Board may impose such
conditions as will, in its judgment, secure substantially the objectives
of the standards or requirements so modified.
Any applicant aggrieved by a finding, decision
or recommendation of the Board may request and receive opportunity
to appear before the Board, present additional relevant information
and request reconsideration of the original finding, decision or recommendation
