[Ord. 76, 9/8/1982, § 900]
If any mandatory provisions of this chapter are shown by the
applicant, to the satisfaction of the Board, to be unreasonable and
cause undue hardship as they apply to the proposed subdivision in
question, the Board may grant a modification to such applicant from
such mandatory provisions, so that substantial justice may be done
and the public interest secured provided that such modification will
not have the effect of nullifying the intent and purpose of this chapter.
[Ord. 76, 9/8/1982, § 901]
1. The Township shall assign a subdivision application number to all
applications, and all matters referring to this should be tied in
with and filed in accordance with the subdivision case number. The
Township shall keep a record of its findings, decisions, and recommendations
relative to all subdivision plans filed with it for review.
2. All such records shall be public records.
[Ord. 76, 9/8/1982, § 902]
1. Subdivision and land development application fees and initial escrow
deposits for plan review and processing of all plans shall be fixed
by the Board of Supervisors by resolution. In addition to such fees
and escrow deposits, all disbursements by the Township incident to
plan review, approval, and processing in excess of the amount required
by escrow deposits, and all inspections of construction including,
but not necessarily limited to, engineering fees, inspection fees,
costs of materials, or site testing, and any maintenance costs prior
to the acceptance of improvements by the Township, shall be reimbursed
to actual costs by applicant.
2. All such reimbursements for costs expended prior to establishment
of the performance guarantee for the applicant shall be made prior
to issuance of any permits. All such reimbursements for costs expended
during construction shall be made out of escrow funds established
as the performance guarantee, on a monthly basis.
[Ord. 76, 9/8/1982, § 903;
as amended by Ord. 2010-01, 3/23/2010]
1. 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 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
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 the determination of a violation
by the magisterial district judge and thereafter each day that a violation
continues shall constitute a separate violation.
2. 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.
3. 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.
4. Magisterial district judges shall have initial jurisdiction in proceedings
brought under this section.
[Ord. 76, 9/8/1982; as
added by Ord. 2010-01, 3/23/2010]
1. 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.
2. 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:
A. The owner of record at the time of such violation.
B. 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.
C. 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.
D. 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.
3. 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.
[Ord. 76, 9/8/1982, § 904]
1. The Board may, from time to time, revise, modify and amend these
regulations by appropriate action in accordance with the provisions
of the Act, as amended.
2. Notice of the date, time and place of a public meeting, together
with a brief summary setting forth the principal provisions of the
proposed revisions, modifications or amendments, shall be published
in a newspaper of general circulation in the Township once a week
for 2 successive weeks in advance of such meeting.
3. In case of an amendment not prepared by the Planning Commission,
the Board shall submit such amendment to the Planning Commission and
Township Engineer for recommendations at least 30 days prior to the
date fixed for the public hearing on such proposed amendment.
[Ord. 76, 9/8/1982, § 905]
1. Any developer aggrieved by a finding, decision or recommendation
to the Board may request and receive opportunity to appear before
the Board, present additional relevant information and request reconsideration
of the original finding, recommendation or decision.
2. The decision of the Board with respect to the approval or disapproval
of plans may be appealed directly to Court as provided in Act 247,
53 P.S. § 10101 et seq., as amended.