This chapter 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, 53 P.S. § 10101 et seq., 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.
A. 
East Hanover Township and the East Hanover Township Engineer are authorized to administer the provisions of this chapter as herein provided, and to enforce the provisions of this chapter on behalf of the East Hanover Township Board of Supervisors.
B. 
Upon presentation of proper credentials, duly authorized representatives of East Hanover Township may enter at reasonable times upon any property within their jurisdiction to Investigate or ascertain the condition of the subject property in regard to any aspect regulated by this chapter.
C. 
In addition to other remedies provided herein, East Hanover Township and/or the Township Engineer may, on behalf of the East Hanover Township Board of Supervisors, 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.
D. 
East Hanover 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; and
(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; and
(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; and
(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. 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, East Hanover 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.
A. 
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 East Hanover Township. East Hanover Township and/or the East Hanover Township Engineer may grant a modification of the requirements of one or more provisions of this chapter if East Hanover Township concludes that the literal enforcement will exact undue hardship because of peculiar conditions pertaining to the land in question, provided that such modifications will not be contrary to the public interest and that the purpose and intent of this chapter is observed.
B. 
All requests for a modification shall be in writing to East Hanover Township and the East Hanover Township Engineer 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 chapter involved and the minimum modification necessary.
C. 
All such modification requests shall be approved or disapproved by East Hanover Township. A written record of the action shall be kept for all modification requests.
A subdivider of developer aggrieved by any action of East Hanover Township, or the Township Engineer 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.[1]
[1]
Editor's Note: Article X, Appeals, was repealed by 12-21-1988 by P.L. 1329, No. 170. See now Article X-A, Appeals to Court.
A. 
Any person, partnership or corporation who or which has violated the provisions of this stormwater ordinance shall, upon being found liable therefore in a civil enforcement proceeding commenced by East Hanover Township pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by East Hanover Township as a result thereof.
B. 
Magisterial District Judges shall have initial jurisdiction in proceedings brought by East Hanover Township in accordance with this section. No judgment shall commence 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, East Hanover 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 the chapter 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.
A. 
Fee procedures. Each subdivision or land development plan application shall be accompanied by the required review fees, as established 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 set forth in this section may be amended from time to time by adoption of a resolution by the East Hanover Township Board of Supervisors setting forth the new fees.
D. 
Separate fees for subdivision and/or land development may apply. Refer to Chapter 185, Subdivision and Land Development, for clarification.
E. 
Engineer review fees. All applications involving stormwater management or engineering review shall be accompanied by fees, payable to the Township, in accordance with the current fee schedule established by resolution by the East Hanover Township Board of Supervisors.
Amendments to this chapter may be initiated by East Hanover Township Board of Supervisors. Before enactment of a proposed amendment or amendments the East Hanover Township Board of Supervisors shall hold a public hearing thereon pursuant to public notice.