It shall be the duty of the Building Inspector, Zoning Officer
or other such duly authorized representative of the Board of Commissioners
and he is hereby given the power and authority to enforce the provisions
of this chapter. The enforcement officer shall require that the application
for a building permit contain all information necessary to enable
him to ascertain whether the proposed building, alteration or use
is located in an approved land development. No building permit shall
be issued until the enforcement officer has certified that the site
for the proposed building, alteration or use complies with all the
provisions of this chapter and conforms to the site description as
indicated on the approved and recorded final plan.
A.
The Board of Commissioners 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 modification 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.
C.
The request for modification shall be referred to the Planning Commission
for advisory comments.
D.
The Board of Commissioners shall keep a written record of all action
on all requests for modifications.
A.
Amendments to this chapter shall become effective only after a public
hearing held pursuant to public notice. A brief summary setting forth
the principal provisions of the proposed amendment and a reference
to the place within the Township where copies of the proposed amendment
may be secured or examined shall be incorporated in the public notice.
Unless the proposed amendment shall have been prepared by the Planning
Commission, the Board of Commissioners shall submit the amendment
to the Planning Commission at least 30 days prior to the hearing on
such amendment to provide the Planning Commission an opportunity to
submit recommendations. In addition, at least 30 days prior to the
public hearing on the amendment, the Township shall submit the proposed
amendment to the county planning agency for recommendations.
B.
Within 30 days after adoption, the Board of Commissioners shall forward
a certified copy of the amendment to the county planning agency.
C.
Proposed amendments shall not be enacted unless notice of proposed
enactment is given in the manner set forth in this section, and shall
include the time and place of the meeting at which passage will be
considered, a reference to a 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 thereof. The Board of Commissioners
shall publish the proposed amendment once in a newspaper of general
circulation in the Township not more than 60 days nor less than seven
days prior to passage. Publication of the proposed amendment shall
include either the full text thereof or the title and a brief summary,
prepared by the Township Solicitor and setting forth all the provisions
in reasonable detail. If the full text is not included:
D.
In the event substantial amendments are made in the proposed amendment
before voting upon enactment, the Board of Commissioners shall, at
least 10 days prior to enactment, readvertise in one newspaper of
general circulation in the Township a brief summary setting forth
all the provisions in reasonable detail, together with a summary of
the amendments.
A.
The Board of Commissioners shall by resolution create a schedule
of fees to be paid by the applicant at the time of plan submission
to defray the cost of administering and processing of plans.
B.
Review fees.
(1)
Review fees shall include the reasonable and necessary charges by
the Township's professional consultants or Engineer for review
and report to the Township and shall be set by resolution. Such review
fees shall be reasonable and in accordance with the ordinary and customary
charges by the Township Engineer or consultant for similar service
in the community, but in no event shall the fees exceed the rate or
cost charged by the Engineer or consultant to the Township when fees
are not reimbursed or otherwise imposed on applicants.
(2)
In the event the applicant disputes the amount of any such review
fees, the applicant shall, within 10 days of the billing date, notify
the Township that such fees are disputed, in which case the Township
shall not delay or disapprove a subdivision or land development application
due to the applicant's request over disputed fees.
(3)
In the event that the Township and the applicant cannot agree on
the amount of review fees which are reasonable and necessary, then
the fees shall be recalculated and recertified by another professional
engineer licensed as such in this commonwealth and chosen mutually
by the Township and the applicant or developer. The estimate certified
by the third engineer shall be presumed fair and reasonable and shall
be the final estimate. In the event that a third engineer is so chosen,
fees for the services of said engineer shall be paid equally by the
Township and the applicant or developer.
A.
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.
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. 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.
(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 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 of not more than $500 plus all court costs, including reasonable
attorney's 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 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
this 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 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.
Magisterial District Judges shall have initial jurisdiction in proceedings
brought under this section.
The procedures for securing review of any ordinance, decision
or determination is set forth in Article X of the Pennsylvania Municipalities
Planning Code, Act of July 31, 1968, P.L. 805, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. Larger floods may occur on rare occasions.
Flood heights may be increased by man-made or natural cause, such
as ice jams and bridge openings restricted by debris. This chapter
does not imply that areas outside the floodplain or that land uses
permitted within such areas will be free from flooding or flood damages.
B.
This chapter shall not create liability on the part of the Township
of Spring Garden or any officer or employee thereof for any flood
damages which result from reliance on this chapter or any administrative
decision lawfully made thereunder.
The grant or permit or approval of a subdivision and/or land
development plan shall not constitute a representation, guarantee
or warranty of any kind by the Township or by any official or employee
thereof of the practicability or safety of the proposed use and shall
create no liability upon the Township, its officials or employees.
The provisions of this chapter shall be held to be minimum requirements
to meet the purposes of this chapter. When provisions of this chapter
impose greater restrictions than those of any statute, other ordinance
or regulations, the provisions of this chapter shall prevail. When
provisions of any statute, other ordinance or regulation impose greater
restrictions than those of this chapter, the provisions of such statute,
ordinance or regulation shall prevail.
