[Ord. 1994-1, 7/--/1994, § 801]
1. 
The Planning Commission may, in specific cases involving a subdivision, land development or manufactured home park plan, recommend modifications from the provisions of these regulations subject to approval by the Board of Supervisors that will not be contrary to the public interest of the spirit and intent of this chapter. Modifications shall only be granted where, owning to special conditions in a specific subdivision or plan, the literal interpretation and strict application of the provisions of these regulations would cause unfair and unnecessary hardship.
2. 
No such modification from the provisions of these regulations shall be recommended by the Planning Commission unless one or more of the following conditions pertain:
A. 
There are unique physical circumstances or conditions present on the property including peculiar shape or exceptional topographical or other physical conditions and the reasons for which a modification is sought are due to these conditions and not the provisions of the subdivision regulations.
B. 
Because of the physical circumstances there is no possibility that the property can be developed in strict conformity with these regulations if reasonable use is to be made of it.
C. 
The reasons for request of a modification have not been created by the applicant.
D. 
The modification, if granted, will not alter the essential character of the neighborhood or district in which the property is located nor substantially or permanently impair the appropriate use or development of adjacent property nor be detrimental to the public welfare.
3. 
The modification, if authorized, will represent the minimum that will afford relief and will represent the least modification possible of the regulation in issue.
4. 
The developer shall submit to the Planning Commission the request for a modification in writing not later than the final plan submission, citing specifically the deviations from a particular section or sections of these regulations desired that will provide the minimum relief.
5. 
The Planning Commission shall review the application and shall advise the Board as to approval or rejection of the modification request. The Commission may call a duly noticed public hearing (§ 22-802, Subsection 4) to obtain additional information and public sentiment.
6. 
Within 90 days after the meeting at which the modification request was first considered and not subsequently changed the Board of Supervisors shall inform the developer by letter of its decision. If the decision is unfavorable the reasons for rejection shall be specifically indicated.
7. 
The developer may revise the application for another submission to the Planning Commission without modifications requested. The owner may not again submit the same application, once finally denied, for at least one year after rejection.
8. 
The specific wording of a modification which has been granted shall be lettered in ink upon the recording tracing and signed and dated by the Chairman of the Board of Supervisors.
[Ord. 1994-1, 7/--/1994, § 802]
1. 
A proposal for an amendment to this chapter may be initiated in any of the following ways:
A. 
A request of the Planning Commission by the Board of Supervisors.
B. 
An official proposal by the Planning Commission.
C. 
A petition presented to the Planning Commission signed by five individual owners of properties in the Township or by a developer who has entered into an agreement to purchase property in the Township and at least four individual owners of properties in the Township.
2. 
Upon receiving a request for an amendment or upon making an official proposal, the Planning Commission shall prepare a report on the proposal with copies sent to the Board of Supervisors and to the County Planning Commission. Such report shall recommend either adoption, rejection or adoption of the amendment proposal with specific revisions.
3. 
The Board shall review the Planning Commissions's report on the amendment and shall schedule a public hearing after which it shall vote approval or disapproval of the proposed amendment. If the Planning Commission's recommendation is for rejection the Board need not, at its option, proceed further unless the individuals who introduced the amendment proposal originally petition the Board to hold the hearing.
4. 
The public hearing shall be advertised in a newspaper of general local circulation at least once in each of two consecutive weeks, the first notice appearing not more than 30 days and the second not less than seven days prior to the hearing. The notice shall indicate the date, time and place of the hearing, a brief summary of the contents of the amendment and the location and time where and when copies of the amendment may be examined before the hearing.
5. 
When the Board proposes an amendment it shall allow both the County and Township Planning Commissions at least 30 days to review and comment upon it prior to the public hearing.
6. 
The Board shall hold the public hearing and shall vote approval or disapproval not more than 90 days after the date that the proposed amendment was first presented to the Planning Commission or by the Board.
7. 
If a proposed amendment is substantially changed after public hearing the Board shall hold an additional public hearing before voting for or against adoption at its next regular meeting after the additional hearing.
8. 
Intent to adopt the amendment shall be advertised as provided in Subsection 4 above prior to adoption. The full text of the amendment shall be provided the newspaper carrying the hearing notice at the time the notice is placed and an attested copy of the amendment shall be filed in the County Law Library.
9. 
Within 30 days after adoption the Board shall send a certified copy of the amendment to the County Planning Commission.
10. 
Appeal from decisions of the Board on amendments shall be to the County Court of Common Pleas.
11. 
A proposed amendment, once finally denied, may not again be considered for adoption in its original form for at least one year after such denial unless new circumstances would warrant such reconsideration.
[Ord. 1994-1, 7/--/1994, § 803]
1. 
The provisions of these regulations shall be enforced by an administrator appointed by and responsible to the Board of Supervisors.
2. 
The administrator shall review proposals for subdivision and land development plans upon request of the Planning Commission on Board of Supervisors; shall issue or revoke permits at the direction of the Board of Supervisors; shall enter upon, at his discretion, subdivision and land development plans in the process of construction to evaluate compliance with the terms of plans as approved; shall point out to the developer discrepancies in the development under construction or laid out on the ground not in compliance and demand remedial action to guarantee compliance within not more than 30 days of noting the discrepancy to avoid penalties and shall otherwise act as the Township's agent in the enforcement of these regulations. Appeal from decisions or actions of the administrator shall be to the Board of Supervisors which may uphold or reverse the administrator's action.
3. 
No developer, owner or agent or employee of them shall block entrance of the administrator to any subdivision or planned development in the process of development pursuant to an approved development plan in the Township.
[Ord. 1994-1, 7/--/1994, § 804]
1. 
In addition to other remedies the Board of Supervisors may undertake 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.
2. 
The Board may refuse to issue any permit or grant any approval necessary to further improve or develop property which was illegally subdivided or upon which construction or site preparation has occurred in violation of this chapter. The authority to deny a permit or approval shall apply to the owner of record at the time the violation occurred, subsequent owners regardless of their knowledge of the violation and any vendor or lease holder of the property or their successors whether or not they knew of the violations.
3. 
Any person, partnership or corporation who or which has violated this chapter or any prior regulations incorporated into this chapter shall, upon being found liable therefor a civil enforcement proceeding commenced by the Board, pay a judgement of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result of the litigation.
4. 
No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the District Justice who shall have first jurisdiction in such proceedings.
5. 
If the defendant neither pays nor appeals the judgment the Township may enforce it pursuant to applicable rules of civil procedure.
6. 
Each day that a violation continues shall constitute a separate offense unless the District Justice determines that the defendant had believed there was no violation. In that case only one violation shall be deemed to have occurred until the fifth day after the determination, after which each subsequent day shall be a separate violation.
7. 
Nothing contained in this section shall be construed to grant to any person, partnership or corporation other than Vernon Township the right to commence any action for enforcement pursuant to this section.
8. 
All fines, costs and reasonable legal expenses of the Township recovered in the proceedings shall be paid to the Township.
[Ord. 1994-1, 7/--/1994, § 805]
1. 
A schedule of fees for minor subdivisions, major subdivisions, land development plans not involving subdivision, manufactured home park permits, requests for modifications and petitions for amendments for this chapter shall be established by resolution of the Board of Supervisors, posted conspicuously in the Township building and subsequently amended only by action of the Board.
2. 
No subdivision or development plan shall be finally approved and no petition or requests acted upon unless or until all applicable fees have been paid in full.