[Ord. 2013-39, 1/10/2013]
This subdivision and land development ordinance shall be considered
to set forth the minimum requirements for the protection of the public
health, safety, comfort, property or general welfare, pursuant to
the authority of the Pennsylvania Municipalities Planning Code, Act
Number 247, 1968 sessions,[1] as amended, or such statutes hereinafter in effect, and
shall be construed most favorably to the Township as encouraging standards
of planning and development exceeding these basic and minimum regulations.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Ord. 2013-39, 1/10/2013]
1.
The Swatara Township Planning Commission is authorized to administer
the provisions of this subdivision and land development ordinance
as herein provided, and to recommend enforcement of the provisions
of this chapter to the Swatara Township Board of Supervisors.
2.
In addition to other remedies provided herein, the Swatara Township
Board of Supervisors 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.
3.
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; and
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; and
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; and
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.
4.
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 Planning Commission
and/or Township Supervisors 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. 2013-39, 1/10/2013]
1.
The provisions of this chapter are intended as minimum standards
for the protection of the public health, safety and welfare of the
residents and inhabitants of Swatara Township. The Planning Commission
shall review all waiver/modification requests, and shall grant or
deny such request if this authority is specifically granted to the
Planning Commission herein, or make recommendations to the Board of
Supervisors on such requests. Unless otherwise specified herein, the
Board of Supervisors shall have the sole authority to grant or deny
a waiver request.
2.
All requests for a modification shall be in writing to the Planning
Commission and shall accompany and be part of the application for
development. The request shall state in full the grounds and facts
of unreasonableness or hardship on which the request is based, the
provision or provisions of the Ordinance involved and the minimum
modification necessary.
3.
The Township Board of Supervisors shall keep a written record of
all requests for modifications or waivers.
[Ord. 2013-39, 1/10/2013]
1.
Appeals from a decision or the absence of a decision under this chapter
shall be based on the provisions of the relevant provisions of the
Municipalities Planning Code and other relevant statutes and rules.
2.
A subdivider or developer aggrieved by any action of the Township
regarding refusal to approve a subdivision or land development plan
may, within 30 days of such refusal, appeal to the Common Pleas Court
of Lebanon County. Any other appeals by aggrieved parties or other
landowners shall be subject to the appeal procedures outlined in Article
X of Act 247.
[Ord. 2013-39, 1/10/2013; as amended by Ord.
2017-08, 9/14/2017]
1.
Fee Procedures.
A.
Each subdivision or land development plan application shall be accompanied
by the required review, recreation, and recording fees, as established
from time to time by resolution of the Board of Supervisors. Such
fees, current at the time of adoption of this chapter, are included
herein. Fees shall be payable at the time of plan submission (unless
otherwise noted herein) and plan processing, approval and recording
shall not be completed until all required fees are paid.
B.
There shall be no refund or credit of fees or a portion of any fee
should the subdivider or developer withdraw the plan during the review
process or fail to receive plan approval.
C.
The fee schedule shall be established by adoption of a resolution
of the Swatara Township Board of Supervisors setting forth the fees.
2.
County Fees. All required Lebanon County Planning Department plan
review fees shall be paid at the time of plan submission to the Township.
3.
Recreation Fee. Recreation fees of $1,400 per lot shall be required to be provided to the Township, in lieu of land dedication, in accordance with § 22-502, Subsection 1P.
4.
Recording Fee. The subdivider or developer shall be responsible for
recording the approved plans with the Lebanon County Recorder of Deeds
office and for the payment of any fees associated with such recording.
[Ord. 2013-39, 1/10/2013]
1.
Any person, partnership or corporation who or which has violated
the provisions of this subdivision and land development ordinance
shall, upon being found liable therefore in a civil enforcement proceeding
commenced by the Township Board of Supervisors, pay a judgment of
not more than $500 plus all court costs, including reasonable attorney
fees incurred by the Township as a result thereof.
2.
Magisterial District Judges shall have initial jurisdiction in proceedings
brought by the Board of Supervisors in accordance with this section.
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 Board of Supervisors 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 the ordinance to have believed that there was no 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.
[Ord. 2013-39, 1/10/2013]
Amendments to this chapter may be initiated by the Planning
Commission or the Board of Supervisors. If the amendments are initiated
by the Planning Commission, the proposed amendment or amendments shall
be submitted to the Board of Supervisors for review and comment. Before
enactment of a proposed amendment or amendments, the Board of Supervisors
may hold a public hearing thereon pursuant to public notice.
[Ord. 2013-39, 1/10/2013]
1.
Should any section, subsection or provision of this chapter be declared
by a court of competent jurisdiction to be invalid, such decision
shall not affect the validity of this chapter as a whole or any other
part thereof.
2.
Any ordinance or ordinance provision of Swatara Township that is
inconsistent with any of the provisions of this chapter is hereby
repealed to the extent of the inconsistency only.
[Ord. 2013-39, 1/10/2013]
This Subdivision and Land Development Ordinance shall become
effective on January 15, 2013.
