The provisions of this article are intended to permit and encourage
innovations in residential development through permitting a greater
variety, type, design, and layout of dwellings; and by allowing the
development of well-planned, higher density, residential neighborhoods
or groups of residences on sites larger than normal building lots.
To give the site planner maximum freedom, more intensive use of land
may be permitted, and the coverage, height, setback and other requirements
may be varied under circumstances which will ensure more imaginative
use of a building site than can be achieved under the standard regulations
of this chapter. This provision is intended to encourage a more efficient
use of open space, and public services. This development may contain
individual single-family to multifamily dwellings, and common property
which is planned and developed as a unit.
Pursuant to Section 702 of the Pennsylvania Municipalities Planning
Code, Act 247, as amended,[1] the authority to approve or disapprove applications and
plans for a planned residential development is vested with the governing
body. The Bear Creek Township Board of Supervisors hereby retains
such authority. The Board of Supervisors grants Bear Creek Township
Planning Commission to act in an advisory capacity to review and to
provide comment to the Board of Supervisors when considering a planned
residential development. Review and comment shall also be required
by the Luzerne County Planning Commission under the same procedures
applicable to a subdivision and/or land development.
[1]
Editor's Note: See 53 P.S. § 10702.
The principal permitted uses shall include:
The following methodology shall be applicable to determine area
requirements within this article:
A.
Gross area. All land within a parcel proposed to be developed as
a PRD.
B.
Net area available for development. The gross area minus the sum
of all environmentally constrained land or other areas as listed below:
(1)
Floodplains.
(2)
Wetlands that cannot be reasonably incorporated into usable
common open space.
(3)
Natural bodies of water including ponds, creeks, streams or
lakes.
(4)
Existing public or private street.
(5)
Utility rights-of-way, both subsurface and overhead, that cannot
be reasonably incorporated into usable common open space.
(6)
Rock outcrops.
(7)
Slopes which equal or exceed 25%,
C.
Net residential area. The net area available for development minus
required open space.
D.
Common open space. Not less than 20% of net area available for development
shall be designated, designed and devoted to common open space for
the use and enjoyment of the residents therein.
E.
Residential density. The permitted maximum residential density for
the net residential area of a PRD shall be as follows:
|
Zoning District
|
Minimum Lot Area of District
(acres)
|
Maximum Density for PRD1
(square feet)
| |
|---|---|---|---|
|
C-1
|
3
|
1 unit per each 60,000
| |
|
A-1
|
2
|
1 unit per each 40,000
|
|
NOTE:
| ||
|---|---|---|
|
1
|
Maximum density based upon public sewer and water; otherwise,
the maximum density shall be increased to that of the underlying district.
| |
All planned residential developments shall be subject to the
following:
A.
Minimum tract area. A planned residential development shall have
a gross land area of not less than 25 acres.
B.
Distance between buildings. No buildings or structure, including
porches, decks or balconies, shall be less than 30 feet to any other
building or structure.
C.
Setback requirements.
(1)
The minimum front, side and rear setbacks for a planned residential
development shall each be not less than 50 feet to the property lines
of adjoining properties. A planting strip of not less than 20 feet
in width shall be along all property lines at the periphery of the
development where necessary to preserve the privacy of neighboring
residents.
(2)
Land adjacent to a lake, pond, stream, wetlands, or watercourse
shall remain as permanent open space for a distance of not less than
100 feet from the water's edge, unless superseded by more restrictive
standards.
D.
Maximum building height. No structures within a PRD shall exceed
2 1/2 stories, with a maximum height not to exceed 45 feet.
A.
Ownership of property.
(1)
The tract of land for a PRD may be owned, leased or controlled
either by a single person, or corporation or a group of individuals
or corporations. An application must be filed by the owner or jointly
by owners of all property included in the project. In the case of
multiple ownership, the approved plan shall be binding on all owners.
(2)
When common property exists, the ownership of such common property
may be either public or private. When common property exists in private
ownership, satisfactory arrangements must be made for the improvements,
operation and maintenance of common property and facilities including
private streets, drives, service and parking areas and recreational
and open space areas.
B.
Maintenance of common property.
(1)
In the event that the organization established to own and maintain
the common property, or any successor organization, fails to maintain
such property in reasonable order, the Township Supervisors may serve
written notice upon such organization or upon the residents and owners
of the development setting forth the manner in which the organization
has failed to maintain the common property in reasonable condition.
Said notice shall include a demand that such deficiencies of maintenance
be cured within 30 days thereof, and shall state the date and place
of a hearing thereon which shall be held within 14 days of the notice.
(2)
At such hearing, the Township may modify the terms of the original
notice as to the deficiencies and may give an extension of time within
which they shall be cured. If the deficiencies set forth in the original
notice or in the modifications thereof shall not be cured within 30
days or any extension thereof, the Township, in order to preserve
the taxable values of the properties within the development and to
prevent the common property from becoming a public nuisance, may enter
upon said common open space and maintain the same for a period of
one year. Said entry and maintenance shall not vest in the public
any rights to use the common open space except when the same is voluntarily
dedicated to the public by the residents and owners. Before the expiration
of said year, the Township shall, upon its initiative or upon the
request of the organization theretofore responsible for the maintenance
of the common property, call a public hearing upon notice to such
organization, or to the residents and owners of the development to
be held by the Township, at which hearing such organization or the
residents and owners of the development shall show cause why such
maintenance by the Town shall not, at the election of the Township,
continue for a succeeding year.
(3)
If the Township shall determine that such organization is ready
and able to maintain said common property in a reasonable condition,
it shall cease to maintain said common property at the end of said
year. If the Township shall determine such organization is not ready
and able to maintain said common property in a reasonable condition,
the Township may, at its discretion, continue to maintain said common
property during the next succeeding year, subject to a similar hearing
and determination in each year thereafter.
(4)
The cost of such maintenance by the Township shall be assessed
ratably against the properties within the planned residential development
that have a right of enjoyment of the common open space, and shall
become a lien on said properties. The municipality, at the time of
entering upon said common open space, for the purpose of maintenance,
shall file a notice of lien in the office of the prothonotary of the
county, upon the properties affected by the lien within the planned
residential development.
(5)
The decision of the Board of Supervisors shall be subject to
appeal to court in the same manner, and within the same time limitation,
as is provided for zoning appeals as provided for under the Pennsylvania
Municipalities Planning Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A planned residential development shall be subject to the following
standards and regulations:
A.
Requirements for improvements and design. All improvements, including but not limited to, streets, curbing, sidewalks, stormwater detention facilities, drainage facilities, water supply facilities, sewage disposal, streetlighting, tree lawns, etc., unless otherwise exempted, shall be designed and constructed in conformance with the standards and requirements of Chapter 109, Subdivision and Land Development.
B.
Sewage disposal. Disposal of sanitary sewage shall be by means of centralized sewers and shall conform to the design standards of Chapter 109, Subdivision and Land Development. The proposed sewage collection system and treatment facility shall require DEP approval as a prerequisite and/or condition to tentative approval of a development plan.
C.
Water supply. The water supply shall be off-site system supplied
by a certified public utility, a bona fide cooperative association
of lot owners, or by a municipal corporation, authority or utility.
A copy of a certificate of public convenience from the Pennsylvania
Public Utility Commission or an application for such certificate,
a cooperative agreement or a commitment or agreement to serve the
planned residential development in question shall be required. Whichever
form is appropriate, shall be considered as acceptable evidence.
A planned residential development may be constructed in phases
subject to the following:
A.
The application for tentative approval shall cover the entire area
to be developed with a schedule delineating all proposed phases, as
well as the dates by which applications for final approval of each
phase shall be filed. Such schedule shall be updated annually by the
applicant on or before the anniversary date of the approval of the
development plan, until all phases are completed and granted final
approval by the Board of Supervisors. Any modification in the aforesaid
schedule shall be subject to approval of the Board of Supervisors
in its discretion.
B.
Not less than 15% of the total number of dwelling units to be constructed
shall be included in the first phase.
C.
The second and any subsequent phases shall be completed in accordance
with the tentatively approved plan, with each phase containing not
less than 15% of the total number of dwelling units.
D.
The Board of Supervisors may impose further conditions upon the filing
of any phase of a development plan, as it may deem necessary to assure
the orderly development of the plan and/or to protect the public health,
safety and welfare.
To further the mutual interest of the residents of the planned
residential development and of the public in the preservation of the
integrity of the development plan, as finally approved, and to insure
that modifications, if any, in the development plan shall not impair
the reasonable reliance of said residents upon the provisions of the
development plan, nor result in changes that would adversely affect
the public interest, the enforcement and modifications of the provisions
of the development as finally approved, whether those are recorded
by plat, covenant, easement or otherwise, shall be subject to the
following:
A.
Provisions of the development plan relating to the use, bulk and
location of buildings and structures; the quantity and location of
common open space, except as otherwise provided herein; and the intensity
of use or the density of residential units shall run in favor of the
Township and shall be enforceable in law or in equity by the Township,
without limitation on any powers of regulation otherwise granted the
Township by law.
B.
All provisions of the development plan shall run in favor of the
residents of the planned residential development, but only to the
extent expressly provided in the development plan and in accordance
with the terms of the development plan, and to that extent said provisions,
whether recorded by plat, covenant, easement or otherwise, may be
enforced at law or in equity by said residents acting individually,
jointly or through an organization designated in the development plan
to act on their behalf; provided, however, that no provisions of the
development plan shall be implied to exist in favor of residents of
the planned residential development except as to those portions of
the development plan which have been finally approved and have been
recorded.
C.
All those provisions of the development plan authorized to be enforced
by the Township under this section may be modified, removed or released
by the Township, except grants of easements relating to the service
or equipment of a public utility, subject to the following conditions:
(1)
No such modification, removal or release of the provisions of
the development plan by the Township shall affect the rights of the
residents of the planned residential development to maintain and enforce
those provisions, at law or in equity, as provided in this section.
(2)
No modification, removal or release of the provisions of the
development plan by the Township shall be permitted except upon a
finding by the Board of Supervisors, following a public hearing pursuant
to public notice, called and held in accordance with the provisions
of this section, that the same is consistent with the efficient development
and preservation of the entire planned residential development, does
not adversely affect either the enjoyment of land abutting upon or
across the street from the planned residential development or public
interest, and is not granted solely to confer a special benefit upon
any person.
D.
Residents of the planned residential development may, to the extent
and in the manner expressly authorized by the provisions of the development
plan, modify, remove or release their rights to enforce the provisions
of the development plan, but no such action shall affect the right
of the Township to enforce the provisions of the development plan
in accordance with the provisions of this section.
The application for approval, tentative and final, of a planned residential development as provided for by this chapter, shall be in lieu of all other procedures or approvals otherwise required by the Zoning Ordinance and Chapter 109, Subdivision and Land Development, except where specifically indicated. The procedures herein described for approval or disapproval of a development plan for a planned residential development and the continuing administration thereof are established in the public interests in order to provide an expeditious method for processing a development plan for a planned residential development and to avoid the delay and uncertainty which would arise if it were necessary to secure approval, by a multiplicity of local procedures, of a plat of subdivision as well as approval of a change in the zoning regulations otherwise applicable to the property. An application for tentative approval shall be consistent with the following:
A.
Informal consultation. The landowner and Board of Supervisors may
consult informally at a public meeting or work session concerning
the proposed planned residential development prior to the filing of
an application for tentative approval, provided that no statement
or representation by a member of the Board of Supervisors shall be
binding upon the Board of Supervisors as a whole. The informal consultation
is intended to allow the landowner and Township officials to exchange
comments and discuss issues which may be of particular significance
to the site.
B.
Application and fee. An application for tentative approval shall
be filed by or on behalf of the landowner with the Zoning Officer.
An application fee of $500, plus $75 per housing unit, based upon
total number of proposed housing units, shall be paid upon filing
the required application.
C.
Relationship to planning, zoning and subdivision. All planning, zoning
and subdivision matters relating to the platting, use and development
of the planned residential development and subsequent modifications
of the regulations relating thereto, to the extent such modification
is vested in the Township, shall be determined and established by
the Township Board of Supervisors.
D.
Required documentation.
(1)
The application for tentative approval shall include documentation
illustrating compliance with all of the standards for a planned residential
development and, where necessary, the Township shall order such documentation
to aid them in their review.
(2)
An original and 15 copies of the application shall be submitted
along with 20 copies of each of the following:
(a)
Any required study and/or report, prepared as an impact analysis,
which may be required at the discretion of the Board of Supervisors.
A determination of the need for any such study and/or report may be
made at the time of the informal consultation or during the public
hearing for consideration of tentative approval of the development
plan.
(b)
The development plan for the entire site, in addition to all
other requirements shall include information and documentation noted
herein:
[1]
The location, size and topography of the site and the legal
nature of the landowner's interest in the land proposed to be developed.
[2]
The density of land use to be allocated to parts and/or phases
of the site to be developed.
[3]
The location and size of common open space and the form of organization
proposed to own and maintain the common open space.
[4]
The use and height, bulk and location of buildings and other
structures.
[5]
The means and feasibility of proposals for the disposition of
sanitary waste and stormwater.
[6]
The substance of covenants, grants or easement or other restrictions
proposed to be imposed upon the use of the land, buildings and structures,
including proposed easements or grants for public utilities.
[7]
Provisions for parking of vehicles and the location and width
of proposed streets and any other form of public rights-of-way, excluding
common open space.
[8]
The required modifications in the Township land use regulations as contained within the Zoning Ordinance and Chapter 109, Subdivision and Land Development, otherwise applicable to the subject property.
[9]
The feasibility of proposals for energy conservation and the
effective utilization of renewable energy sources.
[10]
In the case of development plans, which call for
development over a period of years, a schedule showing the proposed
timetable within which applications for final approval of all phases
of the planned residential development are intended to filed. This
schedule must be updated annually, on the anniversary of its approval,
until the development is completed and accepted.
[11]
A plan map at a scale of not greater than one inch equals 50 feet, with contours for each two feet change in elevation. A location map shall also be provided at a scale of not greater than one inch equals 2,000 feet, indicating the relation of the site to its geographic proximity within the Township. The drafting standards applicable for a major subdivision and/or land development, as provided for within Chapter 109, Subdivision and Land Development, shall apply.
E.
Statement of landowner. The application shall also include a written
statement by the landowner setting forth the reasons why, in his opinion,
the planned residential development would be in the public interest
and consistent with the Comprehensive Plan of the Bear Creek Township,
including any subject amendments to said plan.
F.
Application and approval procedures in lieu of others. The application
for tentative and final approval of a development plan for a planned
residential development prescribed herein shall be in lieu of all
other procedures and approvals required by the Zoning Ordinance and
Chapter 209, Subdivision and Land Development, unless otherwise expressly
stated.
G.
Referrals and review of plan. The application for tentative approval
shall be filed with the Zoning Officer, who shall be authorized to
accept such applications under the Zoning Ordinance. Copies of the
application and tentative plan shall be referred to the agencies and
officials as required by Chapter 209, Subdivision and Land Development,
for their review and comment. Said reports shall be available prior
the public hearing.
A.
Within 60 days after the filing of an application for tentative approval
of a planned residential development pursuant to this article, a public
hearing pursuant to public notice on said application shall be held
by the Township Board of Supervisors in the manner prescribed in the
ordinance for the enactment of an amendment to the Zoning Ordinance.
B.
The Chairman or in his absence, the acting Chairman, of the Township
Board of Supervisors, may administer oaths and compel the attendants
of witnesses. All testimony by witnesses shall be given under oath
and every party of record at a hearing shall have the right to cross-examine
adverse witnesses.
C.
A verbatim record of the hearing shall be provided by the Township
Board of Supervisors whenever such records are requested by any party
to the proceedings, with the cost of making and transcribing such
a record to be paid by those parties wishing to obtain such copies.
All exhibits accepted as evidence shall be properly identified and
the reason for any exclusion shall be clearly noted in the record.
D.
The Township Board of Supervisors may continue the public hearing
as required provided that in any event, the public hearing or hearings
shall be concluded within 60 days following the date of the first
public hearing.
A.
The Township Board of Supervisors, within 60 days following the conclusion
of the public hearing, or within 180 days after the date of filing
the application, whichever occurs first, shall by official written
communication to the landowner, either:
B.
Failure to act within the prescribed time period shall be deemed
to be a grant of tentative approval of the development plan as submitted.
In the event that tentative approval is granted subject to conditions,
the landowner may, within 30 days after receiving a copy of the official
written communication of the Township Board of Supervisors, notify
said Board of his refusal to accept all said conditions, in which
case, the Township Board of Supervisors shall be deemed to have denied
tentative approval of the development plan. In the event the landowner
does not notify the Township Board of Supervisors of his refusal to
accept all said conditions within 30 days after receiving a copy of
the official written communication of the Township Board of Supervisors,
tentative approval of the development plan, with all said conditions,
shall stand as granted.
C.
The grant or denial of tentative approval by official written communication
shall include not only conclusions, but also findings of fact related
to the specific proposal and shall set forth the reasons for the denial,
and said communication shall set forth particulars in what respect
the development plan would or would not be in the public interest,
including but not limited to findings of facts and conclusions based
upon the following:
(1)
Those respects in which the development plan is or is not consistent
with the Comprehensive Plan, including any amendments thereto, for
the development of the Township.
(2)
The extent to which the development plan departs from zoning
and subdivision regulations otherwise applicable to the subject property,
including but not limited to density, bulk and use and the reasons
why such departures are or are not deemed to be in the public interest.
(3)
The purpose, locations and amount of common open space in the
planned residential development, the reliability of the proposals
for maintenance and conservation of the common open space and the
adequacy or inadequacy of the amount and purpose of the common open
space as related to the proposed density and type of residential development.
(4)
The physical design of the development plan and the manner in
which said design does or does not make adequate provisions for public
services (including but not limited to sewage, water and stormwater
runoff), provide adequate control for vehicular traffic, and further
the amenities of light and air, recreation and visual enjoyment.
(5)
The relationship, beneficial or adverse, of the proposed planned
residential development to the neighborhood or area of the Township
in which it is proposed to be established.
(6)
In the case of a development plan which proposes development
over a period of years, the sufficiency of the terms and conditions
intended to protect the interest of the public and of the residents
of the planned residential development in the integrity of the development
plan.
D.
In the event a development plan is granted tentative approval, with
or without conditions, the Township Board of Supervisors may set forth
in the official written communication, the time within which an application
for final approval of the development plan shall be filed or, in the
case of a development plan which provides for development over a period
of years, the periods of time within which applications for final
approval of each part or phase thereof shall be filed. Except upon
the consent of the landowner, the time so established between grant
of tentative approval and an application for final approval shall
not be less than 90 days. In the case of development plans which extend
over a period of years, the time between applications for final approval
of each part of the plan shall not be less than one year.
A.
The official written communication provided for in this article shall
be certified by the Township Secretary and filed in his/her office;
a certified copy shall be mailed to the landowner. Where tentative
approval has been granted, it shall be deemed as an amendment to the
Zoning Map, effective and so noted upon the Zoning Map upon final
approval.
B.
Tentative approval of a development plan shall not qualify a plan
of the planned residential development for recording nor authorize
development or the issuance of any zoning permit. A development plan,
which has been given tentative approval with conditions which have
been accepted by the landowner (and provided that the landowner has
not defaulted nor violated any of the conditions of the tentative
approval), shall not be modified or revoked nor otherwise impaired
by action of the Township pending the application or applications
for final approval, without the consent of the landowner, provided
an application for final approval is filed or, in the case of development
over a period of years, provided applications are filed within the
periods of time specified in the official written communication granting
tentative approval.
C.
In the event that a development plan is given tentative approval
and thereafter, but prior to the final approval, the landowner shall
elect to abandon said development plan and shall so notify the Township
Board of Supervisors in writing, or in the event the landowner shall
fail to file application or applications for final approval within
the required period of time or times, as the case may be, the tentative
approval shall be deemed to be revoked and all that portion of the
area included in the development for which final approval has not
been given shall be subject to those Township land use ordinances
otherwise applicable thereto. The same shall be noted on the Zoning
Map and in the records of the Township Secretary.
A.
An application for final approval may be for all of the land included
in a development plan or, to the extent set forth in the tentative
approval, a section thereof. Said application shall be made through
the Zoning Officer for review by the Township Board of Supervisors
and subject to approval by the Township Board of Supervisors within
the time or times specified by the official written communication
granting tentative approval. If the application for final approval
is in compliance with the tentatively approved development plan, a
public hearing shall not be required.
B.
The application shall include all drawings, specifications for required improvements, covenants, easements, a financial guarantee and all other such requirements as specified within Chapter 109, Subdivision and Land Development, as well as any conditions set forth in the official written communication granting tentative approval.
C.
In the event that the application for final approval has been filed,
together with all drawings, specifications and other documents in
support thereof, and as required by the ordinance and the official
written communication of tentative approval, the Township Board of
Supervisors shall, within 45 days of such filing, grant such development
plan final approval.
D.
In the event the development plan as submitted contains variations
from the development plan given tentative approval, the Township Board
of Supervisors may refuse to grant final approval and shall, within
45 days from the filing of the application for final approval, so
advise the landowner in writing of said refusal, setting forth in
said notice the reasons why one or more said variations are objectionable
and not in the public interest.
E.
In the event of such refusal, the landowner may either:
(1)
Refile his application for final approval without the variations
to which the Township Board of Supervisors deemed objectionable and
not in the public interest.
(2)
File a written request with the Township Board of Supervisors
that it hold a public hearing on his/her application for final approval.
F.
If the landowner wishes to take either of such alternate action,
he may do so at any time within which he shall be entitled to apply
for final approval, or within 30 additional days if the time for applying
for final approval shall have already passed at the time when the
landowner was advised that the development plan was not in substantial
compliance. In the event the landowner shall fail to take either of
these alternate actions within said time, he/she shall be deemed to
have abandoned the development plan.
G.
Any such public hearing shall be held pursuant to public notice within
30 days after the request for the hearing is made in writing by the
landowner. The hearing shall be conducted in the manner prescribed
in this chapter for public hearings on applications for tentative
approval. Within 30 days after the conclusion of the public hearing,
the Township Board of Supervisors shall, by official written communication,
either grant final approval to the development plan or deny final
approval.
H.
The grant or denial of final approval of the development plan shall,
in cases arising under this section, be in the form and contain findings
required for an application for tentative approval as set forth in
this article.
I.
A development plan, or any part thereof, which has been given final approval, shall be so signed and certified without delay by the Township Board of Supervisors. Said development plan shall be filed of record forthwith in the Office of the Recorder of Deeds of Luzerne County before any development shall take place in accordance therewith. Upon filing of record of the development plan, the zoning and subdivision regulations otherwise applicable to the land included in such plan shall cease to apply thereto. Pending completion in accordance with the time provisions as provided for within Chapter 109, Subdivision and Land Development, said planned residential development or part thereof, as the case may be, that has been finally approved, no modification of the provisions of said development plan, or part thereof, as finally approved, shall be made except with the consent of the landowner. Upon approval of a final plat the developer shall record the plat within 90 days from the date of approval and post a financial security in accordance with Chapter 109, Subdivision and Land Development.
J.
In the event that a development plan, or section thereof, is given final approval and thereafter the landowner shall abandon such plan or section thereof that has been finally approved, and shall so notify the Township Board of Supervisors in writing; or in the event the landowner shall fail to commence and carry out the planned residential development in accordance with the time provisions as provided within Chapter 109, Subdivision and Land Development, after final approval has been granted, no development or further development shall take place on the property included in the development plan until after the said property is resubdivided and is reclassified by enactment of an amendment to the Township Zoning Ordinance in the manner prescribed for such amendments by this chapter.
A.
Jurisdiction. District Justices shall have initial jurisdiction over proceedings brought under Subsection B, Legal remedies.
B.
Legal remedies.
(1)
Any person, partnership or corporation who or which has violated
the planned residential development provisions of this chapter shall,
upon being found liable therefor in a civil enforcement proceedings
commenced by Bear Creek Township or the Zoning Officer, pay a judgment
of not more than $500, plus all court costs, including reasonable
attorney fees incurred Bear Creek Township as a result of said proceedings.
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, Bear
Creek 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, determining
that there has been a violation, further determines that there has
been a good faith basis for the person, partnership or corporation
violating this chapter to have believed that there was no such violation.
In such cases, 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 District Justice and thereafter each day that a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorney fees collected for the violation of this chapter shall be
paid over to Bear Creek Township.
(2)
The Court of Common Pleas, upon petition, may grant an order
of stay, upon cause shown, tolling the per diem fine pending a final
adjudication of the violation and judgment.
(3)
Nothing contained in this section shall be construed or interpreted
to grant any person or entity other than Bear Creek Township the right
to commence any action for enforcement pursuant to this section.
