[Ord. 2001-08, 11/8/2001, § 7.01]
The Chapter may be modified or repealed, all or in part, by amendment(s) in accordance with procedures described in the Pennsylvania Municipalities Planning Code.
[Ord. 2001-08, 11/8/2001, § 7.02]
1. 
The provisions of this Chapter are intended as minimum standards for the protection of the public health, safety, and welfare of the residents and inhabitants of the Township. The Board of Supervisors may grant a modification of the requirements of one or more provisions of this Chapter if the Board of Supervisors concludes that the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the public interest and that the purpose and intent of this Chapter is observed.
2. 
All requests for a modification shall be in writing to the Board of Supervisors and shall accompany and be 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 the Chapter involved, and the minimum modification necessary.
3. 
All such modification requests shall be approved or disapproved by the Board of Supervisors. A written record of the action shall be kept for all modification requests.
[Ord. 2001-08, 11/8/2001, § 7.03]
A subdivider or applicant/developer aggrieved by any action of the Board of Supervisors regarding refusal to approve a subdivision or land development plan may, within 30 days of such refusal, appeal to the Common Pleas Court of Northampton County. Any other appeals by aggrieved parties or other landowners shall be subject to the Appeal Procedures outlined in Act 247.
[Ord. 2001-08, 11/8/2001, § 7.04]
1. 
In addition to other remedies provided herein, the Board of Supervisors 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 transferee from such penalties or from the remedies herein provided.
2. 
The Board of Supervisors 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 or real property in violation of this Chapter. This authority to deny such a permit or approval shall apply to any of the following Applicants:
A. 
The owner of record at the time of such violation; and
B. 
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; and
C. 
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
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 or constructive knowledge of the violation.
3. 
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 Board of Supervisors 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.
[Ord. 2001-08, 11/8/2001, § 7.05; as amended by Ord. 2007-04, 11/8/2007]
1. 
Any person, corporation, unincorporated association, partnership, trust, company, or other legal entity who or which has violated any provision of this Chapter or who shall cause any violation of any provision 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 fees incurred by the Township as a result thereof.
2. 
Magisterial District Judges shall have initial jurisdiction in proceedings brought by the Township in accordance with this Section. No judgment shall commence or be imposed, levied, or be payable until the date 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 on behalf of the Township 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 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.
[Ord. 2001-08, 11/8/2001, § 7.06]
1. 
In the event any provision, Section, sentence, clause, or part of this Chapter shall be held to be invalid, such validity shall affect or impair any remaining provision, section, sentence, clause, or part of this Chapter, it being the intent of this Board that such remainder shall be and remain in full force and effect.
2. 
The provisions of this Chapter adopted hereby are severable, and if any clause, sentence, subsection, Section, article, chapter or part thereof shall be adjudged by any court of competent jurisdiction to be illegal, invalid or unconstitutional, such judgment or decision shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation and application to the clause, sentence, subsection, Section, article, chapter or part thereof rendered. It is hereby declared to be the intent of the Board of Supervisors that this ordinance would have been adopted if such illegal, invalid or unconstitutional clause, sentence, subsection, section, article, chapter or part thereof had not been included therein.