[Ord. 2002-02, 2/7/2002; as amended by Ord. 2008-01, 10/20/2008]
1.
Fee Resolution.
A.
The Board shall establish by resolution a collection procedure and
schedule of fees to be paid by the applicant at the time of submission
of all plans.
B.
Fees for all other permits required for and by the Township shall
be established by the resolution.
C.
Said schedule of fees shall be posted in the Township Office.
2.
Professional Consulting Fees.
A.
Professional consulting fees required to be paid in accordance with
this chapter shall be paid to the Township by the applicant for the
below-listed services:
(1)
Reviewing all information submitted in conformance with provisions
of this chapter. This includes all originally submitted and revised
plans, reports and specifications.
(2)
Inspecting the layout of the site for conformance to the submitted
survey, plan and specifications.
(3)
Reviewing planning modules for land development.
(4)
Reviewing cost estimates of required improvements as submitted
by the developer.
(5)
Inspecting required improvements during construction.
(6)
Final inspections of completion of installation of the required
improvements.
(7)
Reviewing legal documents or agreements submitted in conformance
with provisions of this chapter.
(8)
Such other professional consulting services as deemed necessary
or required by the Township.
[Ord. 2002-02, 2/7/2002]
1.
The provisions of these regulations are intended as a minimum standard
for the protection of the public health, safety and welfare. If the
literal compliance with any mandatory provision of these regulations
is shown by the applicant to the satisfaction of the Board present
at a public meeting to be unreasonable and to cause undue hardship
as it applies to the particular property, the Board may grant a modification
from such mandatory provision so that substantial justice may be done
and the public interest secured while permitting the reasonable utilization
of the property. However, the granting of a modification shall not
have the effect of making null and void the intent and purpose of
this chapter.
2.
Application Requirements.
A.
All requests for modifications shall be made in accordance with the
provisions of § 310 of this chapter.
B.
Should a revision to a submitted plan require a modification, which
was not apparent at the time of the initial plan submission, the request
for a modification shall be submitted in accordance with § 310
of this chapter.
3.
Action on Modification Requests.
A.
At a public meeting, and after review and recommendation by the Planning
Commission, the Board shall review the request to determine if the
literal compliance with any mandatory provision of this chapter is
demonstrated by the applicant to 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.
The applicant shall demonstrate that an alternative proposal will
allow for equal or better results and represents the minimum modification
necessary. If the Board determines that the applicant has met his
burden, it may grant a modification from the literal compliance with
the terms of this chapter.
C.
In granting modifications, the Board may impose such conditions as
will, in its judgment, secure the objectives and purposes of this
chapter.
D.
When a modification is granted with conditions, a statement of the
approved modification including the imposed condition(s) shall be
provided on the final plan.
[Ord. 2002-02, 2/7/2002]
1.
It shall be the duty of the Zoning Officer and/or other such duly
authorized representative of the Township, and they are hereby given
the power and authority to enforce the provisions of this chapter.
2.
The Zoning Officer shall require that the application for a zoning
permit contain all information necessary to enable him to ascertain
whether the proposed building, alteration or use is located in an
approved subdivision or land development. No zoning permit shall be
issued until the Zoning Officer has determined 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.
[Ord. 2002-02, 2/7/2002]
1.
Any person, partnership, corporation or the members of such partnership
or the officers of such 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 and/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 by 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 prepared in full compliance with the provisions
of this chapter and has been recorded as provided herein; or who in
any other way is in violation of any of the provisions of this chapter
shall, upon being found liable therefore 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 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 district justice. 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 district
justice 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 determination of a violation of the district justice,
and thereafter each day that a violation continues shall constitute
a separate violation.
2.
In addition to other remedies, the Township may institute and maintain
appropriate actions at law or in equity to restrain, correct or abate
violations of this chapter, to prevent unlawful construction, to recover
damages and/or to prevent illegal occupancy of a building, structure
or premises.
3.
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.
4.
The Township may further 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. The authority to deny
such 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 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 the 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 constructive knowledge
of the violation.
5.
As an additional condition for the 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 estate.
