[Ord. 2011-03, 6/27/2011, § 22-901]
This Part outlines the procedures for enforcement and amendment of this chapter, as well as procedures for challenges and appeals of decisions rendered under this chapter.
[Ord. 2011-03, 6/27/2011, § 22-902]
1.
Procedures for Amendment. The Board of Supervisors may amend this chapter in accordance with the procedures set forth in the Municipalities Planning Code, 53 P.S. § 10101 et seq.
2.
Review by Planning Commission Required. In the case of an amendment other than that prepared by the Planning Commission, the Board of Supervisors shall submit each such amendment to the Planning Commission for recommendations at least 30 days prior to the date fixed for the public hearing on such proposed amendment.
3.
Review by County Planning Commission. At least 30 days prior to the date fixed for the public hearing on the amendment, the Board of Supervisors shall submit the proposed amendment to the County Planning Commission for its recommendations.
4.
Publication, Advertisement and Availability of Amendment. Proposed amendments to this chapter shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section, and shall include the time and place of the meeting at which passage shall be considered, a reference to a place within the Township where copies of the proposed amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Board of Supervisors shall publish the proposed amendment once in one newspaper of general circulation in the Township not more than 60 days nor less than seven days prior to passage. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared at the direction of the Board of Supervisors and setting forth all the provisions in reasonable detail. If the full text is not included:
A.
A copy thereof shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published.
B.
An attested copy of the proposed amendment shall be filed in the Lancaster County law library or other county office designated by the Lancaster County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.
In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the Board of Supervisors shall, at least 10 days prior to enactment readvertise, in one newspaper of general circulation in the Township, a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments. |
5.
Forwarding of Certified Copy to County Planning Commission. Within 30 days after adoption, the Board of Supervisors shall forward a certified copy of any amendment to this chapter to the County Planning Commission.
6.
Official Ordinance Books. Subdivision and land development ordinances and amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.
[Ord. 2011-03, 6/27/2011, § 22-903]
1.
When a plan, whether preliminary or final has been approved subject to conditions, and when the applicant rejects the conditions, the applicant shall so notify the Board of Supervisors in writing within 30 days of the date of the Board of Supervisors action. Such notification of rejection of the conditions of approval shall serve to automatically rescind the approval of the plan.
2.
Failure by the applicant to notify the Board of Supervisors of acceptance or rejection of the conditions of approval within the time so specified shall serve to automatically rescind approval of the plan.
[Ord. 2011-03, 6/27/2011, § 22-904]
1.
Review by the Board of Supervisors. The provisions of this chapter 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 this chapter is shown by the applicant, to the satisfaction of the Board of Supervisors, to be unreasonable and to cause undue hardship because of peculiar conditions pertaining to the lot in question, provided that such modification shall not be contrary to the public interest and that the purpose and intent of this chapter is observed, 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.
2.
Authority to Impose Conditions. In granting waivers, the Board of Supervisors may impose such conditions, as shall, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.
3.
Procedures for Processing Waivers. All requests for waivers shall be processed in accordance with the requirements of this chapter.
[Ord. 2011-03, 6/27/2011, § 22-905]
1.
Right to Appeal. Any person aggrieved by a finding, decision, or recommendation of the Board of Supervisors with respect to the approval or disapproval of a plan or waiver request may appeal as provided for in the Municipalities Planning Code, 53 P.S. § 10101 et seq.
2.
Mediation. As an alternative to an adjudicatory appeal proceeding, a party entitled to appeal a decision of the Board of Supervisors may request the utilization of mediation as an aid in resolving the dispute. Participation in mediation shall be wholly voluntary by the parties, and shall be conducted as prescribed in the Municipalities Planning Code, 53 P.S. § 10101 et seq.
[Ord. 2011-03, 6/27/2011, § 22-906]
1.
Any person, partnership or 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:
A.
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.
B.
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.
C.
Erect any building or buildings that constitute a land development thereon.
D.
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 § 22-304 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.
E.
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.
F.
Fail to comply with any agreement with the Township or the Authority relating to development in accordance with a preliminary plan or a final plan.
G.
Fail to comply with any note included on an approved preliminary plan or final plan commits a violation of this chapter.
H.
Fail to reimburse the Township for review and inspection fees within 30 days after the date of an invoice for such fees unless the developer has contested such fees in accordance with Article V of the Municipalities Planning Code, 53 P.S. § 10501 et seq.
I.
Fail to provide documents required to transfer an improvement which has been dedicated to the Township or to the sewer authority or to the relevant water authority within 30 days after the date of a notification that the Township or the sewer authority or water authority, as applicable, desires to accept dedication.
2.
Any person, partnership or 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 construct or permit the construction of any improvement or develop or permit the development of any property in a manner that does not fully comply with the approved improvement construction plan or final plan, as applicable, commits a violation of this chapter.
3.
Any person, partnership or 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 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.
4.
Any person, partnership or 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, 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.
5.
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.
[Ord. 2011-03, 6/27/2011, § 22-907]
1.
Enforcement Remedies.
A.
Magisterial district judges shall have initial jurisdiction in proceedings brought under this section.
B.
Any person, partnership or corporation who or which has violated 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 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.
C.
The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
D.
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.
Preventive 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, 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 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 that has been developed or that 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. 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 the applicant acquired an interest in such real property.
3.
Abatement of Violations Prior to Additional Plan Approvals. No approval shall be granted to any subsequent phases of a development until all outstanding violations are abated and the project is in full compliance both with the standards and conditions of this chapter and the Township Zoning Ordinance [Chapter 27].
[Ord. 2011-03, 6/27/2011, § 22-908]
The Board of Supervisors shall keep an accurate, public record of its findings, decisions, and recommendations relevant to all applications filed with it for review or approval.
[Ord. 2011-03, 6/27/2011, § 22-909]
Should any section, subsection or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decisions shall not affect the validity of the chapter as a whole, or of any other part thereof.
[Ord. 2011-03, 6/27/2011, § 22-910]
Whenever there is a difference between the minimum applicable standards specified herein and those included in other applicable Township regulations, the more stringent requirement shall apply.
[Ord. 2011-03, 6/27/2011, § 22-911]
All applicants and all developers shall be required to reimburse the Township for all fees charged by the Township Engineer, Township Solicitor, or other professional consultant relating to the review of plans and materials submitted by an applicant, review and preparation of documents submitted under this chapter or required by this chapter, inspection of improvements, and processing acceptance of dedication of any improvements constructed in accordance with a plan submitted and approved under this chapter. Applicants shall also pay application fees to the Township to reimburse the Township for its administrative costs. All application fees and regulations concerning reimbursement of the fees imposed by the Township Engineer, Township Solicitor, or other professional consultant shall be imposed and collected in accordance with ordinances enacted or resolutions adopted by the Board of Supervisors and in accordance with the provisions of the Municipalities Planning Code, 53 P.S. § 10101 et seq.