[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.