A. 
Availability. Whenever, in the review of a plat by the Planning Commission or by the governing body, there is discovered minor or technical discrepancies or violations of this chapter, the reviewing body may (in its sole discretion) grant conditional approval of the plat.
B. 
Conditions. Whenever conditional approval is granted, the reviewing body shall specify what changes, alterations, revisions, redesigns or other modifications are necessary and required to be made in order to obtain approval.
C. 
Automatic rescission of conditional approval. If the reviewing body granted conditional approval, the developer must accept the changes, alterations, revisions or other modifications no later than 14 days after the conditional approval is granted by the reviewing body or the conditional approval shall be automatically rescinded and the plat deemed rejected on the basis of the conditions stated. The developer must, if there is acceptance of the conditions, acknowledge such acceptance by revision of the plat and resubmission of the revised plat to the reviewing body or its expressly designated delegate.
See also § 117-6 for additional provisions.
A. 
General.
(1) 
Modifications of the requirements of this chapter may be granted by the governing body only.
(2) 
Requests for modification shall be in writing and shall accompany the plat submission or other application for approval.
(3) 
The written request shall state:
(a) 
All of the grounds and facts of unreasonableness or hardship on which the request is based;
(b) 
The provision or provisions of this chapter involved, specifying section or sections; and
(c) 
The minimum modification necessary.
B. 
Standards. The governing body may, in its sole discretion, grant a modification of one or more requirements of this chapter, upon request, if:
(1) 
Literal enforcement would exact undue hardship because of the peculiar conditions pertaining to the land in question;
(2) 
The aforesaid hardship is not of the developer's own making or causation;
(3) 
The modification requested will not be contrary to the public interest; and
(4) 
The purpose and intent of this chapter will be observed.
C. 
Records. The governing body shall keep a written record of all requests for modification and of all action taken on the request.
D. 
No deemed approval. The failure of the governing body to act on a request for modification shall be a denial of the request.
A. 
Permits required by the Township for the erection or alteration of buildings, the installation of sewers or sewage disposal systems or for other appurtenant improvements to, or use of, the land shall not be issued by any Township official until it has been ascertained that the site for such building, alteration, improvement or use is located in a development approved and publicly recorded, if required, in accordance with the provisions of this chapter.
B. 
The Township Building Permit Officer shall require that applications for building permits contain all the information necessary for him or her to ascertain that, and he or she shall not issue any building permit until he or she determines that, the site and plan for the proposed building, alteration or other improvement is acceptable in accordance with the provisions of this chapter.
C. 
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.
D. 
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:
(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 as 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 violation without regard as to whether such current owner had actual or constructive knowledge of the violation; and/or
(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.
E. 
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 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.
A. 
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 as provided for in the Pennsylvania Municipalities Planning Code plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. 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. 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 Magisterial District Judge determining that there has been a violation further 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.
[Amended 1-3-2023 by Ord. No. 2023-01]
B. 
The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
C. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.
D. 
District Justices shall have initial jurisdiction in proceedings brought under this section.
The governing body is authorized to pursue, in addition to the other remedies stated in this article, any and all remedies available at law or in equity, civil or criminal, to compel compliance with this chapter or to punish violations thereof.