[Ord. 6-97-429, 6/12/1997, § 12.1]
1. 
The Board of Commissioners may, from time to time, revise and amend this chapter in accordance with law. 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 amendment by §§ 505 and 506 of the MPC. In the circumstance where a proposed amendment to this chapter has not been prepared by the Township Planning Commission, the Board of Commissioners shall submit each such amendment to the Township Planning Commission for recommendations at least 30 days prior to the date fixed for the public hearing on such proposed amendment. In addition, at least 30 days before the Board of Commissioners' hearing on the proposed amendment to this chapter, the Township shall submit the proposed amendment to the County Planning Commission for recommendations.
2. 
Within 30 days after adoption of any such amendment, the Township shall forward a certified copy of the amendment to this chapter to the County Planning Commission.
[Ord. 6-97-429, 6/12/1997, § 12.2]
1. 
The Township Board of Commissioners or Township Planning Commission, as applicable, may grant a waiver or modification of the requirements of one or more provisions of this chapter if it is demonstrated to the satisfaction of the Board of Commissioners or Planning Commission that:
A. 
Literal enforcement of the provision(s) of this chapter will exact undue hardship because of peculiar conditions pertaining to the land in question, or, that under the peculiar conditions pertaining to the land in question, an alternative standard will provide equal or better results than the provision(s) of this chapter.
B. 
The requested waiver or modification will not be contrary to the public health, safety, welfare and interest.
C. 
The purpose and intent of this chapter will be observed.
2. 
All requests for a waiver or modification shall be in writing and shall accompany and be a part of the initial plan application for subdivision or land development. The request shall state in full the grounds and facts of hardship or unreasonableness upon which the request is based, the provision or provisions of the ordinance involved, and the minimum modifications necessary.
3. 
The Board of Commissioners, in considering requests for a waiver or modification, shall consider the recommendations of the Township Planning Commission in regard thereto.
4. 
The Board of Commissioners, or the Township Planning Commission, as applicable, shall keep a written record of all action on all requests for waivers or modifications.
5. 
If a waiver or modification of one or more requirements of this chapter is granted, a note stating the provision(s) waived or modified, the nature of the waiver or modification and the justification for the granted waiver shall appear on the plan sheet to be recorded at the Recorder of Deeds Office.
[Ord. 6-97-429, 6/12/1997, § 12.3]
1. 
The Township Board of Commissioners shall establish, from time to time by resolution, a schedule of application fees to be paid by the developer to the Township and a schedule of escrow deposits for money to be posted by the developer with the Township at the time of filing a sketch, preliminary, preliminary/final and/or final plan submission. No plan shall be accepted for filing unless the required number of plans are submitted to the Township, accompanied by the supplemental materials required under this chapter for any such plan submission and the required application fee and escrow deposit.
2. 
The developer shall be required to reimburse the Township for all of the reasonable and necessary administrative costs, legal, engineering and other professional consultant fees and costs actually incurred by the Township for the review and processing of a proposed subdivision or land development plan. The review fees from the Township's Engineer, Solicitor or other professional consultants, shall be based upon a schedule established by resolution. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Township Engineer, Solicitor or other professional consultants for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the Township Engineer, Solicitor or other professional consultant to the Township when fees are not reimbursed or otherwise imposed upon applicants.
3. 
The money placed in escrow with the Township shall be utilized to reimburse the Township for any and all reasonable and necessary administrative costs, engineering, legal or other professional consultant fees and expenses incurred by the Township for reviewing and processing any plan submission. Whenever the escrow deposit balance is 50% or less of the required initial escrow deposit, the developer shall make payment within 15 days after request by the Township in an amount necessary to fully fund the escrow account.
4. 
Upon the recordation of the subdivision and/or land development plan with the County Recorder of Deeds and the payment of all Township administrative costs, engineering, legal and other professional consultant fees and expenses, the balance of the escrow account shall be refunded to the developer. Money held in escrow will not be returned until all invoices from the Township Engineer, Township Solicitor or other professional consultant have been received by the Township and paid by the developer.
5. 
In the event the developer disputes the amount of such review fees, the developer shall, within 10 days of the billing date, notify the Township Planning and Zoning Office in writing that such fees, or any portion thereof, are in dispute.
6. 
In the event that the developer and the Township cannot reach agreement, within 20 days of the billing date, on the amount of the review fees, then the developer and the Township shall follow the procedures for dispute resolution set forth in § 510(g) of the MPC.
[Ord. 6-97-429, 6/12/1997, § 12.4]
1. 
The preventative and enforcement remedies as delineated in §§ 515.1 and 515.3, respectively, of the MPC shall apply.
A. 
The Board of Commissioners shall appoint one or more agents to enforce the provisions of this chapter and the accompanying design standards and improvement specifications required under this chapter.
B. 
Review of actual construction under any approved subdivision or land development plan to determine compliance with this chapter, and any conditions of approval for such plan, shall be undertaken solely by the Township, its agents or representatives.
C. 
Any action inconsistent with the provisions of this chapter shall be subject to a cease and desist order, and other appropriate measures deemed appropriate by the Board of Commissioners, or agent authorized by it to enforce the provisions of this chapter.
[Ord. 6-97-429, 6/12/1997, § 12.5]
1. 
Completion of Improvements. In the event that any improvements which may be required have not been installed as required in the Subdivision and Land Development Ordinance or in accord with the approved final plat, the Township will enforce any security by appropriate legal and equitable remedies, as outlined in the MPC.
2. 
In addition, any person, partnership or corporation violating the provisions of this chapter may be named in a civil enforcement proceeding commenced by the Township, pursuant to the enforcement remedies provided for in the MPC.
[Ord. 6-97-429, 6/12/1997, § 12.6]
An appeal from a decision of the Township Board of Commissioners, or Township Planning Commission where it is authorized to approve applications, with respect to the approval or disapproval of a subdivision or land development plan shall be appealed directly to the Court of Common Pleas of Lehigh County, Pennsylvania, within the time period and in the manner prescribed by the MPC.