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 No. 247, 1968 sessions, as amended, 53 P.S. § 10101 et seq., or such statutes hereinafter in effect, and shall be construed most favorably to the County as encouraging standards of planning and development exceeding these basic and minimum regulations.
A. 
East Hanover Township is authorized to administer the provisions of this chapter as herein provided, and to enforce the provisions of this chapter on behalf of East Hanover Township Board of Supervisors.
B. 
In addition to other remedies provided herein, East Hanover 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 meters 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.
C. 
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 Board of 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.
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 Board of Supervisors may grant a modification of the requirements of one or more provisions of this chapter if it 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 made in writing to East Hanover Township Board of Supervisors 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.
C. 
All such modification requests shall be approved or disapproved by East Hanover Township Board of Supervisors. 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 Board of Supervisors 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. 
Fee procedures.
(1) 
Each subdivision or land development plan application shall be accompanied by the required review fee, 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.
(2) 
The fee schedule set forth in this section may be amended from time to time by adoption of a resolution by East Hanover Township Board of Supervisors setting forth the new fees. Fees will be placed in an escrow account.
B. 
Township fees. Fees for review, processing and approval of subdivision and land development plans shall be payable to East Hanover Township at the time of application, in accordance with the current schedule adopted by resolution by the Board of Supervisors.
A. 
Any person, partnership or corporation who or which has violated the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by East Hanover Township Board of Supervisors, pay a judgement 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 judgement 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 judgement. East Hanover Township may enforce the judgement 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.
Amendments to this chapter may be initiated by East Hanover Township Board of Supervisors. If the amendments are initiated by the Board of Supervisors, the proposed amendment or amendments shall be subject for review and comment at least 30 days prior to a public hearing. Before enactment of a proposed amendment or amendments the Board of Supervisors shall hold a public hearing thereon pursuant to public notice, in accordance with the PA Municipalities Planning Code, 53 P.S. § 10101 et seq.
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.
Any other ordinance provision(s) or regulations of East Hanover Township inconsistent with any of the provisions of this chapter is hereby repealed to the extent of the inconsistency only.