A.
Undue hardship. If any mandatory provisions of this chapter are shown
by the applicant, to the satisfaction of the Board of Supervisors
to be unreasonable, to cause undue hardship, or that an alternate
standard can provide equal or better results, the Board of Supervisors
may grant a modification to that provision. A modification may be
granted provided it will not be contrary to the public interest and
provided the purpose and intent of this chapter is maintained. A hardship
must result from the application of this chapter on the property subject
to development and not from the applicant's lack of knowledge of the
terms of this chapter. Evidence of a modification granted by the Board
of Supervisors on other properties, subdivisions or land developments
shall not be considered as a basis for relief or modification.
B.
Written requests by developer. All requests for modification shall
be in writing and signed by the applicant. The request shall fully
state the reasons the developer believes the challenged provision
is unreasonable or creates an unreasonable hardship and shall detail
what the developer believes to be the minimum modification of such
standard acceptable to carry out the intent and purpose of this chapter.
C.
Greater profit not grounds for request. It is not sufficient proof
of hardship to show that a greater profit would result if the modification
were granted.
D.
Requests considered. The Board of Supervisors shall consider modification
requests that:
E.
Advisory opinion from planning commission. The Board of Supervisors
may request an advisory opinion from the planning commission on any
modification request. The Board of Supervisors may, at their sole
discretion, schedule a public hearing on a request for modification.
F.
Conditional approval. In granting modifications, the Board of Supervisors
may impose such conditions it deems necessary to carry out the objectives
of the standard(s) or requirement(s) modified.
G.
Record of requests. The Township shall keep a written record of all
requests for modifications.
H.
Notation on recorded plan. If a modification is granted a notation
describing the modification shall appear on the plan, and shall apply
only to the plan or development for which the modification was sought.
I.
Request to be included with application. Any written request for
a modification shall be included in the application for development.
Such request shall cite the section(s) of the ordinance to be modified,
the extent of modification and the reasons for the modification.
J.
Written decision. In the event the Board of Supervisors grants a
request for modification, the Board shall set forth the reasons for
the modification in writing and enter same into the minutes of the
Board of Supervisors at a duly advertised public meeting.
A.
Notice of hazardous condition. Where the Township has determined
that any existing excavation, embankment or fill is a hazard, the
Code Enforcement Officer shall give written notice to the property
owner that such hazard exists and shall order that such hazard be
corrected by the owner within a reasonable time specified in the notice.
B.
Remediation by Township; action against property owner. If, after
such notification, the property owner has not corrected the condition
within the time specified in the notice, then the Township may enter
upon the property to correct the condition and assess the costs of
same against the property owner by the filing of a municipal claim
against the property or any other action permissible at law for the
collection of municipal debt.
C.
Review by engineer. Whenever the Township determines that any proposed
excavation or fill is a hazard, it may require the property owner
to have any proposed corrective action certified by a soils engineer
or an engineering geologist, and reviewed and approved by the Township
Engineer.
A.
Civil enforcement and penalties for violation. Any person, partnership,
corporation or other entity violating the provisions of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, pay a judgment of not less than $300 nor
more than $600 plus all court costs, and reasonable attorney fees
incurred by the Township in the pursuit thereof. No judgment shall
commence or be imposed, levied or payable until a court of competent
jurisdiction determines that a violation exists. Where a civil judgment
for a violation of this chapter has not been timely paid, the violator
shall be liable for the penalty imposed, including daily penalties
for continuing violations of not less than $300 nor more than $600
for each day a violation exists, plus court costs and reasonable attorney's
fees incurred by the Township in the subsequent enforcement proceedings.
B.
Conveyance not a defense. The transfer of all or any portion of the
property subject to this chapter shall not exempt the seller or transferor
from such penalties or from the remedies herein provided for any violation
of this chapter occurring during the seller or transferor's period
of ownership. In such circumstances, both the seller/transfer or and
buyer/transferee may be deemed jointly and severally liable for any
violation and/or responsible to remedy same.
C.
Joint and several liability. The owner or tenant of any structure
or premises or land or lot or part thereof, or any agent, architect,
attorney, banker, builder, contractor or other person who commits,
participates in, assists in or maintains such violation may each be
found to be in separate violation of this chapter and be subject to
those penalties herein provided.
D.
Refusal of development permits and approvals. The Township may refuse
to issue any permit or grant any approval necessary to further improve
or develop any real property subject to development or resulting from
a subdivision of real property in violation of this chapter or any
other ordinance referenced herein.
E.
Cumulative remedies. The remedies available to the Township in the
enforcement of this chapter are cumulative. Nothing contained in this
section shall be deemed or construe to preclude the Township from
taking such other legal action, at law or in equity, necessary to
prevent or remedy any violation or otherwise enforce the terms of
this chapter.
