The Township may impose fees and charges to recover all costs
incurred in the administration of this chapter. All fees and charges
may be adopted by resolution or ordinance. These fees and charges
may include, but not be limited to, an application fee; fees for review
of the plans, studies, correspondence, financial security, and associated
documentation by the Township Engineer, Township Solicitor or other
professional consultant for attending meetings related to the plan;
fees for the inspection of improvements installed in connection with
development authorized by a plan; fees for the acceptance of dedication
of improvements, including, but not limited to, costs associated with
enacting ordinances to establish traffic regulations when streets
are accepted for dedication; and fees associated with processing requests
for modifications. The Township may request that developers post escrow
with the Township for reimbursement of fees incurred by the Township
Engineer, Township Solicitor, or other professional consultant. Failure
to reimburse the Township for fees incurred by the Township Engineer,
Township Solicitor, or other professional consultant or to post escrow
in accordance with the ordinance or resolution establishing fees constitutes
a violation of this chapter.
The provisions of these regulations are intended as a minimum
standard for the protection of the public health, safety and welfare.
If the applicant demonstrates to the satisfaction of the Board of
Supervisors that literal compliance with any mandatory provision of
these regulations is unreasonable and causes undue hardship as it
applies to a particular property, the Board of Supervisors may grant
a waiver from such mandatory provision so that substantial justice
may be done and the public interest secured while permitting the reasonable
utilization of the property. The granting of a waiver shall not have
the effect of making null and void the intent and purpose of this
chapter.
All requests for waivers shall be made in accordance with the
following procedure:
A.
The requests shall be in writing in accordance with Appendix No.
18[1] and shall be made prior to submission of an application for development or shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of the unreasonableness or hardship on which the request is based, the section or sections of this chapter which are requested to be waived, the provisions proposed as an alternate to the requirements and the minimum modification necessary. The request shall be accompanied by a plan prepared at least to the minimum standards of a sketch plan (see Article IV).
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
B.
Should a revision to a submitted plan require a waiver which was not apparent at the time of the initial plan submission, the request for a waiver shall be submitted in accordance with Subsection A at the time of submission of the revised plans.
C.
The Planning Commission shall submit the request for a waiver and
accompanying documentation together with its analysis and recommendations
to the Board of Supervisors for consideration. The Board of Supervisors
shall consider the request for waivers at a public meeting, which
is at least seven days after the submission of the Planning Commission's
recommendation on the waiver request.
The Board of Supervisors shall review the request to determine
if the applicant has demonstrated that literal compliance with any
mandatory provision of this chapter exacts undue hardship because
of peculiar conditions pertaining to the land in question and that
such modification will not be contrary to the public interest and
will observe the purpose and intent of this chapter. The applicant
shall demonstrate that an alternative proposal will allow for equal
or better results and represents the minimum modification necessary.
If the Board of Supervisors determines that the applicant has met
his burden, it may grant a waiver from the literal compliance with
the terms of this chapter. In granting waivers, the Board of Supervisors
may impose such conditions as will, in its judgment, secure the objectives
and purposes of this chapter.
It shall be the duty of the Zoning Officer and/or other such
duly authorized representative of the Township, and he is hereby given
the power and authority, to enforce the provisions of this chapter.
A.
Any person, partnership or corporation or the members of such partnership
or the officers of such corporation commits a violation of this chapter,
who or which, being the owner or agent of the owner of any lot, tract
or parcel of land, shall:
(1)
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
(2)
Sell, transfer or agree to enter into an agreement to sell or transfer
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
(3)
Erect any building or buildings which constitute a land development
thereon; or
(4)
Commence site grading or construction of improvements prior to recording of a final plan unless such grading or construction is for the sole purpose of installing improvements as prescribed in § 200-15 herein, 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
(5)
Fail to comply with any condition imposed upon approval of a preliminary
plan or a final plan or any condition imposed upon the granting of
any waiver; or
(6)
Fail to comply with any agreement with the Township, ERSA, or EAWA
relating to development in accordance with a preliminary plan or a
final plan; or
(7)
Fail to comply with any note included on an approved preliminary
plan or final plan.
B.
Any person, being the owner or agent of the owner of any lot, tract
or parcel of land, who shall construct or permit the construction
of any improvement or develop or permit the development of any property
in a manner which does not fully comply with the approved improvement
construction plan or final plan, as applicable, commits a violation
of this chapter.
C.
Any person, being the owner or agent of the owner of any lot, tract
or parcel of land, who shall knowingly provide false information on
any plan, report, certification or other document required to be submitted
by this chapter commits a violation of this chapter.
D.
Any person, being the owner or agent of the owner of any lot, tract
or parcel of land, who in any other way takes action or permits another
to take action not authorized by this chapter or contrary to the provisions
of this chapter commits a violation of this chapter.
A.
Any person, being the owner or agent of the owner of any lot, tract
or parcel of land who 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 be in violation
of any of 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 attorneys' 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 the judgment nor appeals the
judgment in a timely manner, 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 determination of a violation of the Magisterial District
Judge, and thereafter each day that a violation continues shall constitute
a separate violation.
B.
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.
C.
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.
D.
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:
(1)
The owner of record at the time of such violation.
(2)
The vendee, lessee or the owner of record at the time of such violation
without regard to whether such vendee, lessee or owner of record had
actual or constructive knowledge of the violation.
(3)
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.
(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 constructive knowledge
of the violation.
E.
As an additional condition for the issuance of a permit or the granting
of an approval to any 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.
