[Ord. No. 12-12-2006,
12/12/2006, § 900]
1. The provisions of this chapter represent minimum standards for the
protection of the public welfare.
2. If an applicant feels that any mandatory provision of this chapter
is unreasonable and would cause unique and undue hardship as it applies
to his proposed subdivision or land development, such applicant may
apply to the Township Supervisors in writing for a waiver of said
provision. If, upon review, the Supervisors find that substantial
justice would be served and the public interest secured by granting
the applicant's request, they may grant a waiver or modification in
writing to such applicant; provided, that such waiver or modification
will not have the effect of nullifying the intent and purpose of this
chapter.
3. In granting waivers or modifications, the Township Supervisors may
impose such conditions as will, in their judgment, encourage innovative
design and secure substantially the objectives of the standards or
requirements so waived or modified.
[Ord. No. 12-12-2006,
12/12/2006, § 901]
The Township Planning Commission and Supervisors shall maintain
an accurate public record of all the plans they review and those upon
which they take action and of their findings, decisions, and recommendations
in relation thereto.
[Ord. No. 12-12-2006,
12/12/2006, § 902]
The Township Supervisors may, from time to time, revise, modify,
and amend this chapter by proceeding to advertise and take action
at a scheduled public meeting, all in accordance with the applicable
provisions of the Pennsylvania Municipalities Planning Code, 53 P.S.
§ 10101 et seq.
[Ord. No. 12-12-2006,
12/12/2006, § 903]
1. In addition to other remedies, the Hemlock Township 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 transferrer from such
penalties or from the remedies herein provided.
2. As provided by § 515.1 of the Pennsylvania Municipalities
Planning Code, 53 P.S. § 10515.1 et seq., or as may hereafter
be amended, the Hemlock Township Supervisors 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 the Hemlock Township
Subdivision and Land Development Ordinance, enacted August 11, 1992,
or any prior regulations, adopted pursuant to the requirements of
the Pennsylvania Municipalities Planning Code, which may have been
in effect in Hemlock Township. The 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 Supervisors
may require compliance with the conditions that would have applied
to the property at the time the applicant acquired an interest in
such real property.
[Ord. No. 12-12-2006,
12/12/2006, § 904]
1. In order to properly carry out the administration and enforcement
of this chapter, the Hemlock Township Supervisors may appoint a Subdivision
Ordinance Administrator and may grant to this individual the power
and authority to administer and enforce the provisions of this chapter.
Said Administrator shall hold no elective office in the Township,
nor be an appointed member of the Township Planning Commission. The
individual selected shall meet the qualifications established by the
Township and shall be able to demonstrate a working knowledge of municipal
subdivision regulations, and may be compensated for his work.
2. The Administrator shall be technically responsible to the Township
Supervisors and shall report to them monthly on work accomplished.
He shall also work closely with the Township Planning Commission and
assist them as they review all proposed subdivision and land development
applications. The Administrator shall verify all subdivision information
supplied as part of any application for a zoning permit and shall
coordinate with the Township Zoning Officer on other matters as necessary
or appropriate. In addition, the Administrator shall perform all other
tasks as designated in his job description. In the event that the
Subdivision Ordinance Administrator is unavailable to perform the
duties and responsibilities assigned herein, the Township Zoning Officer
or other individual duly designated by the Township Supervisors may
temporarily perform these functions.
[Ord. No. 12-12-2006,
12/12/2006, § 905; as amended by Ord. No. 11-11-2014, 11/11/2014]
1. Failure to obtain subdivision or land development approvals as required
by this chapter, or failure to carry out the requirements of any such
approval, shall be considered a violation of this chapter and shall
be remedied as follows.
A. Any person, partnership or corporation who or which has violated
the provisions of this chapter, whether enacted under current law
or prior enabling laws shall, upon being found liable therefore in
a civil enforcement proceeding commenced by Hemlock 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 commenced or be imposed, levied or be 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, Hemlock
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. All judgments, costs
and reasonable attorney fees collected for the violation of this chapter
shall be paid over to Hemlock Township.
B. In addition to the procedures set forth above, Hemlock Township may also utilize the procedures set forth in §
22-904, Subsection
1, of this chapter as enforcement remedies.
C. 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.
D. Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than Hemlock Township, or their
duly appointed agent, the right to commence any action for enforcement
pursuant to this section.
[Ord. No. 12-12-2006,
12/12/2006, § 906]
1. Township Fees. All plan processing, improvement design review and
inspection fees shall be paid to Hemlock Township. Such fees shall
be as defined below and shall be designed to cover reasonable and
necessary costs associated with processing and evaluating subdivision
and land development plans, reviewing proposed designs for site improvements,
and conducting inspections of improvement construction and installations
required by this chapter.
A. Municipal Plan Processing Fees. Fees for the processing and evaluating
of preliminary and final subdivision and land development plans shall
be established by resolution of the Hemlock Township Supervisors.
Such fees shall be reasonable and shall include all municipal review
and processing charges. These fees shall accompany the submission
of plans to Hemlock Township and shall be nonrefundable.
B. Improvement Design Review Fees. The applicant shall reimburse the
Township for all reasonable and necessary charges by the Township
Engineer and/or other professional consultants, including the municipal
Solicitor, for review of site improvement or development designs.
Such engineering and/or consulting fees shall be in accordance with
the ordinary and customary charges by the engineer or consultant for
similar service in the region, but in no event shall the fees exceed
the rate or cost charged by the engineer or consultant to the Township
when fees are not reimbursed or otherwise imposed on applicants. (See
also paragraph .D, below, for escrow agreement and account requirements.)
C. Improvement Inspection Fees. Where site improvements are required by the Township to be installed as a condition of final approval of a subdivision or land development plan, said improvements must be inspected by the Township Engineer in accordance with the procedure set forth in §
22-604 of this chapter upon their completion. The applicant shall reimburse the Township for the reasonable and necessary expenses incurred for the inspection of such improvements. Such expense shall be in accordance with the ordinary and customary fees charged by the Township Engineer for work performed for similar services in the region, but in no event shall the fees exceed the rate or cost charged by the engineer to the Township when fees are not reimbursed or otherwise imposed on applicants. (See paragraph .D, below, for escrow agreement and account requirements.)
D. Escrow Agreement and Escrow Account Requirements.
(1)
Escrow Agreement. The applicant shall enter into a written agreement
with the Township which sets forth the terms and conditions of the
escrow account to be established for: (a) the review of designs for
improvements in the proposed subdivision or land development, and
(b) the inspection of the installation of said improvements.
(2)
Escrow Account. Initial funds necessary to cover expenses incurred
in connection with the review of improvement designs by the Township
Engineer or other professional consultants (as established in the
schedule of fees adopted by the Township Supervisors) shall be paid
to Hemlock Township at the time of plan submission. Funds intended
to cover the cost of the inspection of improvement installation shall
be paid to the Township prior to final plan approval or prior to the
release of an improvement guarantee or other financial security guaranteeing
satisfactory improvement installation. Said funds shall be set aside
by the municipality in a special escrow account for the proposed subdivision
or land development. The applicant will receive an itemization of
all charges made to the account, and any unused funds in the escrow
will be returned to him after completion of the applicable phase of
the project. Conversely, the applicant may be required to place additional
funds into the account where necessary to cover unforeseen plan or
installation complexities and/or additional reviews or inspections.
(Additional escrow funds may be required by the Hemlock Municipal
Sewer Cooperative or other agencies responsible for reviewing and
approving other aspects of the proposed subdivision or land development)
(3)
Dispute Resolution. In the event the applicant disputes the
amount of the improvement design review fees, the procedure for resolution
of such disputes contained in § 503(1)(i) of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10503(1)(i), or
as may hereafter be amended, shall be applied. Where the applicant
disputes the amount of the inspection fee, the procedure for the resolution
of such disputes contained in § 510(g) of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 10510(g), or as
may hereafter be amended, shall be applied.
2. County Plan Review Fees. Fees for County Planning Commission review
of plans for proposed subdivision or land development located in Hemlock
Township shall be established by the Columbia County Board of Commissioners.
Applicants shall be responsible for assuming all costs associated
with the County review of subdivision or land development plans, according
to the fee schedule and procedure established by Columbia County.