[Ord. 179, 8/8/2011, § I]
1. 
Inspection revealing noncompliance with plans submitted under the provisions of this chapter, including all supplementary data required, shall be sufficient grounds for withdrawal of building permits by the Township until correction thereof, or other penalties or remedies, including injunctive relief, as may be provided by law.
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 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 the applicant acquired an interest in such real property.
3. 
Enforcement Remedies.
A. 
Completion of Improvements. In the event that any required improvements have not been installed in accordance with this chapter and the approved final plan, the Township shall have the right to enforce the financial security provided by the applicant by appropriate legal and equitable remedies. If proceeds of such financial security are insufficient to pay the cost of installing, constructing or making repairs or corrections to all of the improvements covered by said financial security, the Township may, at its option, install part of such improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable action to recover the moneys necessary to complete the remainder of the improvements. All of the proceeds, whether resulting from the financial security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation of the improvements covered by such financial security, and not for any other municipal purpose.
B. 
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, 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 district justice. 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 district justice 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 district justice 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.
[Ord. 179, 8/8/2011, § I]
1. 
The Township shall assign a subdivision application number to all subdivision and land development applications, and all matters referring to an application should be filed in accordance with the subdivision case number. The Township shall keep a record of its findings, decisions, and recommendations relative to all plans filed with it for review.
2. 
All such records shall be public records.
[Ord. 179, 8/8/2011, § I]
1. 
No application for sketch plan review or preliminary plan or final plan approval shall be deemed submitted until the review and administrative fees and escrow deposits, as set forth below, have been paid.
2. 
Subdivision or land development application fees (nonrefundable), escrow deposits for administrative fees and consultant review fees, and a consultant professional services agreement on a form provided by the Township shall be signed by the applicant and submitted with any application for sketch plan, preliminary plan, or final plan approval to cover the costs of plan review and processing. The amounts of the application fees and escrow deposits shall be fixed by resolution of the Board of Supervisors. The escrowed funds shall be used to reimburse the Township for actual expenditures incidental to these processes including, but not limited to, fees of the Township Consultants. In the event that costs are incurred by the Township in excess of the amount held in escrow, or if the Township determines that the funds held in escrow are likely to be exhausted before the work required of the Township Consultants will be completed, then the applicant shall fully reimburse the Township and/or replenish the escrow prior to the issuance of any permits.
3. 
Following final plan approval and recording and the establishment of any required performance guarantee, the applicant shall deposit funds into a second escrow established by the Township in accordance with a consultant professional services agreement signed by the applicant, to cover the reasonable and necessary costs and expenses incurred by the Township for administrative fees, inspections of improvements construction, materials and/or site testing, and maintenance costs arising prior to the acceptance of dedication of improvements by the Township, pursuant to Section 510 of the MPC. In the event that costs are incurred by the Township in excess of the amount held in escrow, or if the Township determines that the funds held in escrow are likely to be exhausted before construction of the improvements is completed and acceptance of dedication has occurred, then the applicant shall promptly reimburse the Township and/or replenish the escrow. The amount of the escrow deposit shall be fixed from time to time by resolution of the Board of Supervisors.
[Ord. 179, 8/8/2011, § I]
1. 
In any case in which an applicant demonstrates to the satisfaction of the Board of Supervisors that the literal enforcement or strict application of one or more provisions of this chapter would exact undue hardship to the applicant because of peculiar conditions pertaining to the land in question, the Board may grant a modification of or waiver from the requirement; provided, however, that such modification or waiver shall not be granted if it would be contrary to the public interest or to the purpose and intent of this chapter.
[Amended by Ord. No. 2021-251, 11/8/2021]
2. 
In granting modifications and waivers, the Board of Supervisors may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements so modified.
3. 
All requests for modifications or waivers shall be submitted in writing in the form of a letter addressed to the Township. The letter shall accompany and be made a part of the application for preliminary plan approval and shall provide the following information, the form of which is provided in Appendix 22-E of this chapter.
[Amended by Ord. 209, 12/12/2016; and by Ord. No. 2021-251, 11/8/2021]
A. 
The citation for and a restatement of the specific section or sections of this chapter from which a modification or waiver is sought;
B. 
A description of the extent of the modification or waiver being requested and the alternatives being proposed; and
C. 
A full and complete explanation of the reasons why strict application of the requirements of the identified section(s) would exact undue hardship to the applicant because of peculiar conditions pertaining to the land in question if the requested relief is not granted.
4. 
A request for a modification or waiver shall be reviewed by the Planning Commission who shall make recommendations to the Board of Supervisors. The Board shall keep a written record of all action taken on all requests for modification or waiver.
5. 
Any modifications or waivers approved by the Board of Supervisors shall be described in a waiver matrix, the form of which is provided in Appendix 22-A of this chapter. The waiver matrix shall be fully completed for all approved modifications or waivers and placed on the first sheet of the applicant's plan. If no modifications or waivers are requested, the note. "No waivers are requested" shall be placed on the first sheet of the applicant's plan.
[Added by Ord. 209, 12/12/2016]
[Ord. 179, 8/8/2011, § I]
Appeals from the actions of the Board of Supervisors with respect to any application for subdivision or land development approval shall be governed by the provisions of the MPC, as amended from time to time, or any successor legislation thereto.
[Ord. 179, 8/8/2011, § I]
1. 
Power to Amend. The provisions of this chapter may be amended from time to time by the Board of Supervisors.
2. 
Procedure. The following requirements shall be observed prior to making any amendment to this chapter:
A. 
Before voting on the enactment of a proposed amendment, the Board of Supervisors shall hold a public hearing thereon pursuant to public notice as defined in this chapter, at which time the parties in interest and citizens shall have an opportunity to be heard. A brief summary setting forth the principal provisions of the proposed amendment and a reference to the place within the Township where copies of the proposed amendment may be secured or examined shall be incorporated into the public notice.
B. 
Unless the proposed amendment has been prepared by the Planning Commission, the Board of Supervisors shall submit the proposed amendments to the Planning Commission for its findings and recommendations at least 30 days prior to the date fixed for the public hearing on such proposed amendment. In addition, the proposed amendment shall be submitted to the County Planning Commission for its recommendations at least 30 days prior to the date fixed for the public hearing on the amendment.
C. 
Prior to the enactment of proposed amendments, the Township shall publish the proposed amendment once in one newspaper of general circulation in the Township not more than 60 days and not less than seven days prior to passage. Publication of the proposed amendment shall include the time and place of the meeting, the place within the Township where copies of the proposed amendment can be obtained, and either the full text thereof or the title and a brief summary, prepared by the Township Solicitor, setting forth all the provisions in reasonable detail. If the full text is not included:
(1) 
A copy thereof shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published.
(2) 
An attested copy of the proposed amendment shall be filed in the County Law Library.
D. 
In the event substantial changes are made in the proposed amendment, before voting upon enactment, the Board of Supervisors shall, at least 10 days prior to enactment, re-advertise, 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 changes.
E. 
Within 30 days after enactment, the Board of Supervisors shall forward a certified copy of the amendment to the County Planning Commission.