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:
(1) 
A copy thereof shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published.
(2) 
An attested copy of the proposed amendment shall be filed in the county law library (or other county office designated by the County Commissioners).
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.