A.
In addition to other remedies, Lower Windsor Township 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
land shall not exempt the seller or transferor from such penalties
or from the remedies provided in this chapter.
B.
Lower Windsor Township or its Zoning and/or Building Permit Officer
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 the violation.
(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.
(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.
(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.
C.
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 applicant shall
comply with the conditions that would have been applicable to the
property at the time he acquired an interest in the real property.
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 Lower Windsor Township
before a Magisterial District Judge, pay a judgment of $500 plus all
court costs, including reasonable attorney fees incurred by Lower
Windsor Township as a result thereof. No judgment shall commence or
be imposed, levied or be payable until the date of determination of
a violation by the Magisterial District Judge. If the defendant neither
pays nor timely appeals the judgment. Lower Windsor 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 determines that there was a
good faith basis for the person, partnership, or corporation violating
the chapter to have believed that there was no such violation, in
which case 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 a Magisterial District Judge, and thereafter each day that a violation
continues shall constitute a separate violation.
B.
The Court of Common Pleas of York County, 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.
C.
Nothing in this section shall be construed or interpreted to grant
to any person or entity other than Lower Windsor Township the right
to commence any action for enforcement pursuant to this section.
On a lot held in single and separate ownership on the effective
date of this chapter, or any amendment thereto, which does not fulfill
the regulations for the minimum lot area and/or lot width, a building
may be erected, altered and used, providing the setback requirements
are not less than the minimum required and a sewage permit may be
obtained.
A.
The Township may grant the owner of a lot a special temporary permit
to place one mobile home on his lot where the same would not otherwise
be permitted by the provisions of this chapter for the purpose of
providing a home for one of his great-grandparents, grandparents,
parents, siblings, children, grandchildren or great-grandchildren,
and for such one family member's spouse and children, if:
(1)
All structures suitable for human habitation on the lot will be used
as homes for the lot owner or his great-grandparent, grandparent,
parent, sibling, child, grandchild or great-grandchild, and such one
family member's spouse and children; and
(3)
Proper sewer and water service to the mobile home will be provided
without the installation of any new sewage or water systems; and
(4)
No permanent foundation for the mobile home will be constructed on
the lot; and
(5)
The lot owner agrees to remove the mobile home from his lot within
30 days after:
(a)
His use thereof ceases to conform with any of the provisions
of this section of this chapter; or
(b)
The temporary special permit (or any renewal thereof) issued
him expires; or
(c)
The temporary special permit (or any renewal thereof) issued
him is terminated by the Township because he is no longer in compliance
with any of the provisions of this section of this chapter.
B.
To obtain a special temporary permit or any renewal thereof, the
lot owner shall apply for same to the Township by completing and signing
an application form provided by the Township and paying to the Township
the full amount of the original application or renewal application
fee, which fee amounts shall be set by Township resolution and shall,
in all cases, be nonrefundable.
C.
Every special temporary permit and renewal thereof issued by the
Township shall be for a period of one year or less. All applications
for renewal of a temporary special permit shall be made by the holder
of same at least 30 days prior to the expiration of the original special
temporary permit. The Township shall renew every special temporary
permit upon which application for renewal is timely made so long as
the lot owner remains in compliance with all provisions of this section
of this chapter.
D.
The Township shall issue no special temporary permit under this section
of this chapter without first holding a public hearing thereon, written
notice of which the Township shall mail by United States Certified
Mail, return receipt requested, at least seven days before the day
of the hearing, to all owners, as identified by name and address in
the Township real estate tax records, of all lots adjoining the lot
upon which the mobile home is to be placed. No hearing or notice by
the Township shall be required for any renewal of any special temporary
permit.
A.
If the literal compliance with any mandatory provision of this chapter
is shown by the applicant, to the satisfaction of the majority of
the members of the Board of Supervisors present at a scheduled meeting,
to be 1) unreasonable or to cause unique or undue hardship as it applies
to a particular property or 2) that an alternative proposal will allow
for equal or better results than the ordinance requirements, the Board
of Supervisors may grant a waiver from or modification of such mandatory
provision, so that substantial justice may be done and the public
interest secured while permitting the reasonable utilization of the
property. The granting of a waiver or modification shall not have
the effect of making null and void the intent and purpose of this
chapter, nor does the request for a waiver or modification alter the
mandatory procedural time periods for review of preliminary or final
plans.
B.
Request for a waiver or modification shall be made in writing by
the applicant and shall be submitted for review by the Township Planning
Commission. The Board of Supervisors shall have the authority to approve
or disapprove the request.
C.
In granting a waiver or modification, the Board of Supervisors may
impose such conditions as will, in its judgment, secure substantially
the objectives of the standards and requirements of this chapter.
Action on the waiver or modification shall be entered in the minutes
of the Board of Supervisors and communicated to the applicant. Failure
of the Board of Supervisors to render a decision on the request for
waiver or modification and communicate it to the applicant shall be
deemed to be a denial of the request.
A.
Fees for filing and reviewing a preliminary plan, final plan, or
land development plan and fees for inspection of improvements shall
be set from time to time by resolution of the Board of Supervisors
which fees shall not exceed the cost charged by the Township Engineer
or other reviewing consultant to Lower Windsor Township when fees
are not reimbursed by or imposed on applicants. Said fees shall include
the cost of the following:
(1)
Reviewing the subdivision or land development plan and engineering
details by the Township Engineer and other review consultants if necessary.
(2)
Reviewing of cost estimates of required improvements for the purpose
of posting security.
(3)
Inspection of site for conformance to survey.
(4)
Inspection of required improvements during installation and final
inspection for completion of installation of required improvements.
B.
Costs shall be billed to the applicant upon completion of each review
phase. If fees remain unpaid after 30 days of date of invoice by Lower
Windsor Township, interest shall be charged at the rate of 1 1/2%
per month thereafter. No zoning/building permits shall be issued nor
any subdivision or land development shall be recorded for any tract
of land for which any fees required by this section remain unpaid.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
No lot in a land development shall be sold, rented, leased or conveyed
in any manner; no permit to erect, alter or repair any building upon
land in a land development shall be issued; and no building shall
be erected in a land development until a final plan of such land development
has been approved and properly recorded and until improvements have
been either constructed or guaranteed.
B.
Any person, copartnership or corporation who shall develop any lot,
tract or parcel of land, layout, construct open or dedicate any street,
sanitary sewer, storm sewer or water mains, for public use or travel,
or for the common use of occupants of buildings abutting thereon,
sell, rent, lease, or convey in any manner any lot or erect any building
in a land development without first having complied with the provisions
of this chapter shall be guilty of a violation of this chapter.
C.
The Board of Supervisors may initiate and maintain civil action to
obtain a writ of injunction against the owner or agency who is in
violation of any provision of this chapter, or who attempts the improper
sale or conveyances of land; and in proper cases to set aside and
invalidate any conveyances or agreements to convey land made prior
to final plan approval of any subdivision or land development.
D.
Nothing
herein shall prevent the Board of Supervisors from taking such other
action necessary to prevent or remedy any violation.
The procedures for securing review of this chapter or any decision
or determination thereunder is set forth in Article X-A of the Pennsylvania
Municipalities Planning Code,[1] as enacted by Act 170 of 1988, as amended.
[1]
Editor's Note: See 53 P.S. Art. X-A.
A.
The degree of flood protection sought by the provisions of this chapter
is considered reasonable for regulatory purposes and is based on acceptable
engineering methods of study. Larger floods may occur on rare occasions.
Flood heights may be increased by man-made or natural causes, such
as ice jams and bridge openings restricted by debris. This chapter
does not imply that areas outside the floodplain or that land uses
permitted within such areas will be free from flooding or flood damages.
B.
This chapter shall not create liability on the part of the Township
of Lower Windsor or any officer or employee thereof for any flood
damages which result from reliance on this chapter or any administrative
decision lawfully made thereunder.
The grant or permit or approval of a subdivision and/or land
development plan shall not constitute a representation, guarantee,
or warranty of any kind by the Township or by any officials or employee
thereof the practicability or safety of the proposed use, and shall
create no liability upon the Township, its officials or employees.
The existing Land Subdivision Regulations, adopted October 10,
1970, and entitled "Lower Windsor Township Land Subdivision Regulations"
and the existing Trailer and Trailer Park Regulations, adopted September
12, 1970, and all supplements and amendments thereto are hereby repealed.
The provisions of this chapter shall be held to be minimum requirements
to meet the purposes of this chapter. When provisions of this chapter
impose greater restrictions than those of any statute, other ordinance,
or regulations, the provisions of this chapter shall prevail. When
provisions of any statute, other ordinance or regulation impose greater
restrictions than those of this chapter, the provisions of such statute,
ordinance or regulation shall prevail.
If any section, clause, provision or portion of this chapter
shall be held invalid or unconstitutional by a recognized court of
the commonwealth, such decision shall not affect the legality of the
remaining sections, clauses, provisions or portions of this chapter.
A zoning/building permit or other permit or authorization issued
or approved in violation of the provisions of this chapter, is void
without the necessity of any proceedings for revocation. Any work
undertaken or use established pursuant to such permit or other authorization
is unlawful. No action may be taken by a board, agency or employee
of the Township purporting to validate such a violation.
This chapter shall take effect immediately after publication
of adoption according to law. Initial Subdivision Ordinance adopted
by the Board of Supervisors of Lower Windsor Township, York County,
Pennsylvania, into an ordinance the 21st day of July 1978.[1]
[1]
Editor's Note: Ordinance No. 2012-05, in adopting this chapter,
provides that it amends and incorporates all amendments to Ord. No.
78-1.
