[Ord. 1998-12, 12/17/1998, § 1000; as amended by Ord. 2011-12, 10/6/2011]
Amendments to this chapter shall become effective only after a public hearing held pursuant to public notice in the manner prescribed for enactment of a subdivision and land development ordinance by the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. In addition, in case of an amendment other than that prepared by the Planning Agency of the Township, the Board of Commissioners shall submit each such amendment to the Township planning agencies for recommendations at least 30 days prior to the date fixed for the public hearing on such proposed amendment.
[Ord. 1998-12, 12/17/1998, § 1010; as amended by Ord. 2011-12, 10/6/2011]
The decisions of the Board of Commissioners with respect to the approval or disapproval of subdivision or land development plans may be appealed directly to the Court of Common Pleas as is provided for in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq.
[Ord. 1998-12, 12/17/1998, § 1020; as amended by Ord. 2011-12, 10/6/2011]
1. 
Enforcement Remedies. 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 before a magisterial district judge, pay a judgement 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 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 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 the determination of a violation by the magisterial district judge and thereafter each day that a violation continues shall constitute a separate violation. 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.
2. 
Preventative Remedies.
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 of this chapter, to prevent unlawful construction, to recover damages, and 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 other applicant acquired an interest in such real property.
[Ord. 1998-12, 12/17/1998, § 1030]
1. 
Should any action or provision of this chapter be declared by the courts to be invalid, such decision shall not affect the validity of this chapter as a whole, nor the validity of any other section or provision of this chapter than the one so declared.
2. 
Whenever there is a conflict between minimum standards or requirements set forth in this chapter and those contained in other Township ordinances and regulations, or other applicable laws and regulations, the most stringent standard or requirement shall apply.
[Ord. 1998-12, 12/17/1998, § 1040; as amended by Ord. 2011-12, 10/6/2011]
1. 
The Township Board of Commissioners shall establish, by resolution, a collection procedure and schedule of fees to be paid by the developer at the time of filing of the sketch, preliminary and final plans. No plan shall be accepted for filing unless the required number of plans have been submitted, with the supplemental material required in §§ 22A-403 and 22-504 as relevant, accompanied by the required review fee.
2. 
Charges for field inspection as required by Township Commissioners for public improvements shall be based on actual costs incurred for such inspections.
3. 
No final plan shall be approved unless all accrued fees and charges are paid in full.
4. 
No plan shall be filed at the Recorder of Deeds Office unless all fees and charges are paid in full.
[Ord. 1998-12, 12/17/1998, § 1050; as amended by Ord. 2000-2, 3/2/2000; by Ord. 2006-2, 8/17/2006; and by Ord. 2011-12, 10/6/2011; and by Ord. 2017-02, 1/19/2017]
1. 
The Board of Commissioners may modify the requirements of one or more provisions of this chapter if the literal enforcement will, in the reasonable judgment of the Board of Commissioners, be unreasonable, cause undue hardship, or when an alternative standard can be demonstrated to provide equal or better results, provided that such modifications will not be contrary to the public interest.
2. 
If a plan is exempt from review by the Township Planning Commission pursuant to § 22A-6A, any modifications requested under an application meeting the requirements of the same shall also be exempt from review by the Township Planning Commission. The Township Engineer, in consultation with the Township Director of Planning and the Township Zoning Officer, shall recommend to the Board of Commissioners, in writing, that the modifications requested be approved or disapproved, together with the documented findings upon which the recommendations are based, and include any recommendations made by the Township Director of Planning and the Township Zoning Officer.
3. 
Procedure to Request Modifications of this Subchapter.
A. 
All requests for modification shall be in writing and shall accompany and be a part of the preliminary plan application.
B. 
In no event shall a request for modification be acted upon by the Planning Commission (or Board of Commissioners if processed under § 22A-6A) unless it has been submitted to the Township not later than five days before the day of the meeting of the Planning Commission for Board of Commissioners if processed under § 22A-6A), so that members of the Commission (or Board of Commissioners if processed under § 22A-6A) may have an adequate opportunity to review it.
C. 
The written request for modification shall state in full:
(1) 
The provision(s) of this subchapter involved.
(2) 
The grounds and facts of unreasonableness or hardship on which the request is based.
(3) 
The minimum modification necessary.
4. 
The Board of Commissioners, in considering requests for modification, shall consider the recommendations for the Planning Commission or the Township Engineer in regard thereto.
5. 
The Board of Commissioners shall keep a written record of all action on all requests for modifications.
[Ord. 1998-12, 12/17/1998; as added by Ord. 2006-4, 8/17/2006; and as amended by Ord. 2011-12, 10/6/2011]
1. 
All subdividers and land developers in Lower Macungie Township shall, as a condition of the commencement of any construction within the Township, agree to exonerate, indemnify and save harmless the Township, its Commissioners, officers, appointees and employees, jointly and severally the indemnified parties from any and all claims, actions, awards, verdicts and judgments, together with reasonable counsel fees, based upon or arising out of the approval of any or all aspects of the design, construction or development of such subdivisions or land developments, specifically to include the design, construction and maintenance of storm water drainage facilities, for damages or injuries, including death, to persons or properties caused by or sustained in connection with the design, construction and development of any such subdivision or land development, the developer's performance under any subdivision improvement or maintenance agreement, as well as any conditions created by the aforesaid design, construction or development; and if requested by the Township, to assume, without expense to the Township, the defense of any claims or actions against the indemnified parties, or any of them, arising out of any of the approvals made by the Township of subdivision or land development designs, plans or construction which are created, controlled or effectuated by the developer, its agents, independent contractors, employees or assigns.
2. 
In support of the indemnification and hold harmless language set forth in the prior paragraph, each such developer of subdivisions or land developments within the Township shall, throughout the time of performing any work within the Township, carry with insurance companies acceptable to the Township, comprehensive general liability insurance, which shall include contractual liability coverage (which must be "admitted" carriers in the Commonwealth of Pennsylvania, and must be rated by the A.M. Best Company as B+ or better) in which the developer insures the liability which it has assumed pursuant to the requirements of this chapter, which coverage shall be at least $500,000 per occurrence, $1,000,000 in the aggregate for personal injury and/or death, and at least $1,000,000 for property damage, naming the indemnified parties as additional insureds in order to protect and insure said indemnified parties against any and all liability with respect to the approval of design, construction or development proposed or effectuated by such developers, and shall, upon request at least annually, furnish the Township with copies of insurance policies or binders evidencing developer's compliance with this requirement.
3. 
The aforesaid insurance coverage shall be renewed from year to year at the expense of the developer of such subdivision or land development until all public improvements which are to be dedicated to the Township shall have been conveyed to and occupied by the Township, or the expiration of the developer's maintenance period under any subdivision maintenance agreement entered into between the Township and the developer, whichever shall last occur. In addition, the coverage shall provide primary and not secondary insurance protection to the Township commencing with the construction and development period, and continuing through the two year statute of limitations period immediately following the close of the subdivision improvement maintenance period.