All provisions of this ordinance shall be administered by the
Board of Supervisors, or by the Township Manager, Township Zoning
Officer, or other Township official as designated by the Board. All
plans, applications, correspondence, complaints, requests for variances,
or appeals shall be delivered to the Township Building and submitted
through the Township Secretary.
Any amendment to this ordinance shall be in accordance with
Section 505 of the Pennsylvania Municipalities Planning Code.[1] Resolutions adopted by the Board of Supervisors pursuant
to the terms and conditions of this ordinance regarding fees, paving
and construction standards and timely changes in other design criteria
as specifically permitted by resolution of the Board shall not require
an amendment to this ordinance.
802.1
Power of amendment. The Board of Supervisors may, from time
to time, amend, supplement, change, modify or repeal this ordinance.
When doing so, the Board shall proceed in the manner prescribed in
this article and in accordance with law.
802.2
Sources of amendment. Proposals for amendment, supplement, change,
modification or repeal may be initiated by the Board of Supervisors
on its own motion or by recommendation of the Planning Commission,
as follows:
a.
Proposals originated by the Board of Supervisors. The Board shall
refer every proposed amendment, supplement, change, modification,
or repeal originated by said Board to the Township Planning Commission
and the Chester County Planning Commission. Within 30 days of the
submission of said proposal, the Township Planning Commission shall
submit to the Board of Supervisors a report containing its recommendations,
including any additions or modifications to the original proposal.
b.
Proposals originated by the Planning Commission. The Township Planning
Commission may, at any time, transmit to the Board of Supervisors
a proposal for the amendment, supplement, change, modification, or
repeal of this ordinance.
802.3
Hearings. Before voting on the enactment of any amendment, the
Board of Supervisors shall hold a public hearing thereon, with notice
as required by law. No amendment shall become effective until after
such hearing at which parties in interest and citizens shall have
an opportunity to be heard. If, after any public hearing held upon
an amendment, the proposed amendment is revised, or further revised,
the Board may hold another public hearing, pursuant to public notice,
before proceeding to vote on the amendment.
[1]
Editor's Note: See 53 P.S. § 10505.
803.1
If any mandatory provisions of this ordinance are shown by an
applicant, to the satisfaction of the Board, to be unreasonable and
cause undue hardship as they apply to their proposed subdivision or
land development, the Board may grant a modification to such applicant
from such mandatory provisions, so that substantial justice may be
done and the public interest secured, provided that such modification
will not have the effect of nullifying the intent and purpose of this
ordinance.
803.2
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.
If, during the course of construction or completion of a subdivision
or land development, minor changes, alterations or modifications of
a final plan become necessary, such changes may be approved only after
written acceptance by the Township Engineer and written approval of
the Board of Supervisors. Substantial revisions to any such final
plan shall cause the rerecording of the final plan after such approvals
are obtained.
805.1
The Township shall assign a subdivision application name to
all applications, and all matters referring to each such plan should
be identified with and filed in accordance with the subdivision name.
The Township shall keep a record of its findings, decisions and recommendations
relative to all subdivision plans filed for review.
805.2
All such records shall be public records.
806.1
Subdivision and land development application fees shall be fixed
by the Board of Supervisors by resolution. In addition to such fees,
all disbursements by the Township incident to plan review, approval,
and inspection of construction, including but not necessarily limited
to engineering fees, inspection fees, costs of material or site testing
and any maintenance costs prior to acceptance of improvements by the
Township, shall be reimbursed to the Township by the applicant on
the basis of the Township's actual costs. In addition, any legal fees
incurred by the Township in excess of review of the Township's standard
forms shall be reimbursed in the same manner. A deposit of such review
fees may be required at the time of filing.
806.2
No application for review of a preliminary or final plan shall
be accepted until all fees required have been paid in full. No final
plan will be approved or signed until all fees as required by the
most-recent fee schedule have been paid in full.
806.3
Inspection fees. The subdivider shall pay directly to the Township
a specified fee per hour or portion thereof for field inspection by
the Township Engineer, as defined herein. Such field inspections shall
be made by the Township Engineer as are necessary to ensure compliance
with the provisions of this ordinance. The Board will require payment
of fees in advance of actual inspection, to be maintained in an escrow
account.
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 lay out, construct, open or dedicate any street, sanitary sewer,
storm sewer, water main or other improvements 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 by other use of a plat of such subdivision
or land development or otherwise, or erects any building thereon,
unless and until a final plan has been prepared in full compliance
with the provisions of this ordinance and has been recorded as provided
herein, shall be guilty of a misdemeanor; and upon conviction thereof,
such person, or the members of such partnership, or the officers of
such corporation, or the agent of any of them, responsible for such
violation shall pay a fine not exceeding $1,000 per lot or parcel
or per dwelling within each lot or parcel. All fines collected for
such violations shall be paid to the Township. The description by
metes and bounds in the instrument of transfer or other document used
in the process of selling or transferring shall not exempt the seller
or transferor from such penalties or from the remedies herein provided.
808.1
Whenever there is a difference between the minimum standards
specified herein and those included in other Township ordinances or
regulations, the more-stringent requirements shall apply.
808.2
All existing ordinances or regulations or parts thereof which
are contrary to the provisions of this ordinance are hereby repealed
to the extent necessary to give this ordinance full force and effect.
