The purpose of this article is to establish the procedures for
the amendment, administration and enforcement of this chapter.
Amendments to this chapter shall become effective only after
a public hearing held pursuant to public notice in the manner prescribed
in the MPC.
A.
Intent. 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 these regulations
is shown by the applicant, to the satisfaction of the Board of Supervisors,
to be unreasonable or to cause undue hardship as it applies to a particular
property; or if the applicant shows that an alternative proposal will
allow for equal or better results, 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. However, the granting of a waiver/modification
shall not have the effect of making null and void the intent and purpose
of this chapter.
B.
Conditions. In granting waivers/modifications, the Board of Supervisors
may impose such conditions as will, in its judgment, secure substantially
the objectives of the standards and requirements of this chapter.
C.
Procedure. All requests for waivers/modifications shall be in writing,
shall accompany and be made a part of the development application,
and shall include:
D.
Action. If the Board of Supervisors denies the request, the applicant
shall be notified, in writing, of the reasons for denial. If the Board
of Supervisors grants the request, the final record plan shall include
a note which identifies the waiver/modification as granted. In any
case, the Board of Supervisors shall keep a written record of all
actions on all requests for waivers/modifications.
A.
Preventive remedies.
(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)
Refusal; additional conditions.
(a)
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.
(b)
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)
In the event that any applicant or owner of any property fails to
obtain the proper sewage permit for any required on-site sewage disposal
system, or takes such action or causes any action which results in
the revocation of any sewage permit by the Township Sewage Enforcement
Officer, the Township shall have the authority to withhold the issuance
of any certificate of use for any structure on the said property and/or
to take any appropriate actions by law or in equity to prohibit the
occupancy of any such structure.
B.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated
the provisions of this chapter or prior enabling laws shall, upon
being found liable for the violation in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $500 plus
all court costs, including reasonable attorney, witness, and consultant
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 Magisterial 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 District Magisterial Judge 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 initial determination
of a violation by the District Magisterial 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 including,
but not limited to, injunctive relief.
C.
Jurisdiction. District Magisterial Judges shall have initial jurisdiction in proceedings brought under § 153-88B.
D.
Transfer. The description by metes and bounds in the instrument of
transfer or other document used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
E.
Construction. In the case of subdivisions, no person shall proceed with any development, site grading or construction of improvements prior to the approval of a preliminary plan in accord with this chapter. In the case of land developments, no person shall proceed with any development, site grading or construction of improvements prior to the authorization to proceed issued in accord with § 153-21G. No deeds shall be executed or recorded for the transfer of any lots or units before the Township has approved the final plan and such plan is filed with the Carbon County Recorder of Deeds.
A.
Establishment of fees. Fees to be paid by the applicant shall be
established by resolution of the Board of Supervisors to cover all
costs incurred by the Township associated with the processing and
review of all plans and documents and all plan and document revisions.
Such cost may include, but not be limited to, Township administrative
costs and the reasonable and necessary charges by the Township's
professional consultants as defined and authorized by § 503(1)
and § 510(g) of the Pennsylvania Municipalities Planning
Code. "Professional consultants" shall include, but shall not be limited
to, architects, attorneys, certified public accountants, engineers,
geologists, land surveyors, landscape architects, and planners.
B.
Application fees. At the time of the filing of any application, the
applicant shall pay to the Township a fee sufficient to cover the
administrative costs associated with the review of the application.
C.
Review and inspection fees. At the time of the filing of any application,
the applicant shall pay to the Township a fee deemed sufficient to
cover the cost of:
(1)
Reviewing compliance with chapter and engineering details.
(2)
Inspecting the site for conformance.
(3)
Evaluating cost estimates of required improvements.
(4)
Inspection of required improvements during installation.
(5)
Final inspection or reinspection on completion of installation of
required improvements.
(6)
Fees charged for other related consulting services.
(7)
Any other review costs incurred by the Township.
D.
Supplemental fees and adjustment. If the review fees collected at
the time of application are not sufficient to cover the cost of engineering
services and other related professional consulting services incurred
by the Township, an additional fee shall be collected from the applicant
prior to any action on the plan. If after Township action on the plan
any review fees remain, there shall be a refund made to the applicant
of the balance within 30 days of action on the plan.
E.
Disputes. Disputes between the applicant and the Township regarding
fees shall be settled pursuant to § 503(1) and § 510(g)
of the Pennsylvania Municipalities Planning Code, as amended.
F.
Failure to pay fees. Any failure by the applicant to pay any required
fees shall be deemed a violation of this chapter and shall make null
and void any approval granted by the Township and the Township shall
have the right to collect any unpaid fees and costs of collection
in accord with applicable law.
The Township shall keep an accurate public record of its findings,
decisions, and recommendations relevant to all applications filed
for review or approval.
