It shall be the duty of the Board of Commissioners of Upper Allen Township or a duly appointed officer to enforce the provisions of this chapter. The duly appointed officer shall require that the application for a building permit contain all information necessary to enable him/her to ascertain whether the proposed building, alteration or use is located in an approved subdivision or land development. No building permit shall be issued until the duly appointed officer has certified that the site for the proposed building, alteration, or use complies with all the provisions of this chapter and conforms to the site description as indicated on the approval and recorded final plan.
A. 
Time limitations and ordinance changes.
(1) 
When an application for approval of a plat, whether preliminary or final, has been approved without conditions or approved by the applicant's acceptance of conditions, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval.
(2) 
Where final approval is preceded by preliminary approval, the aforesaid five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of the governing ordinances or plans as they stood at the time when the application for such approval was duly filed.
(3) 
Where the landowner has substantially completed the required improvements as depicted upon the final plan within the aforesaid five-year limit or any extension thereof as may be granted by the Board of Commissioners, no change in Township ordinance or plan enacted subsequent to the date of filing of the preliminary plan shall modify or revoke any aspect of the approved final plan pertaining to the zoning classification or density, lot, building, street or utility location.
(4) 
In the case of a preliminary plan calling for the installation of improvements beyond a five-year period, a schedule shall be filed by the landowner with the preliminary plans delineating all proposed sections as well as deadlines within which applications for final plan approval of each section are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plan approval, until final plan approval of the final section has been granted and any modification in the aforesaid schedule shall be subject to approval of the Board of Commissioners in its discretion.
(5) 
Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of 25% of the total number of the dwelling units as depicted on the preliminary plan, unless a lesser percentage is approved by the governing body of Upper Allen Township, in its discretion. Provided the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plan approval, including compliance with landowner's aforesaid schedule of submission of final plans for the various sections, then the aforesaid protections afforded by substantially completing the improvements depicted upon the final plan within five years shall apply and for any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within said five-year period. The aforesaid protection shall apply for an additional term or terms of three years from the date of final pan approval for each section.
The provisions of this chapter are intended as minimum standards for the protection of the public health, safety and welfare of the citizens of the Township. The Township Planning Commission shall have the right to recommend to the Board of Commissioners of Upper Allen Township modifications, deferrals and waivers to the regulations in the individual cases as may be necessary in the public interest; provided, however, that such variations shall not have the effect of nullifying the intent and purpose of these regulations. The list of suggested modifications, deferrals and waivers, and the specific reasons for such change shall be entered in the minutes of the Planning Commission and a copy of this entry shall be transmitted to the Board of Commissioners together with the approved plans for review and approval by the Board of Commissioners. The Board of Commissioners may then alter any subdivision or land development plans and specify changes or modifications therein which it deems necessary and may make its approvals subject to such alterations, changes or modifications. Upon approval by the Board of Commissioners, said modifications, deferrals and waivers shall be clearly defined and entered on the final plan and signed by the Chairman of the Board of Commissioners.
A. 
Sketch, preliminary and final plats. At the time of filing a sketch plan, preliminary or final subdivision or land development plan, the applicant shall deliver to the municipality a check payable to the municipality in an amount as set by resolution of the governing body of Upper Allen Township. Said amount shall be used by the municipality to cover the costs of processing the plans, including engineering review costs, legal review costs (if necessary), administrative costs and other costs. If said amount is not sufficient to cover such costs, the applicant shall furnish additional amounts, from time to time, when called upon to do so. All amounts so furnished shall be held by the municipality in escrow until the plat has been fully processed. No plan shall be finally approved until all costs of processing the plan have been paid by the applicant.
B. 
Construction of improvements. Upon approval by the governing body of Upper Allen Township of a final plan, the applicant, in addition to all bonds or other security required, shall deliver to the municipality a check payable to the municipality in an amount determined by resolution of the governing body of Upper Allen Township. Said amount shall be used by the municipality to cover the costs of assuring the proper construction and completion of said improvements, including inspection during installation, inspection upon completion, administrative costs, costs to update municipal records, and other related costs. If said amount is not sufficient to cover such costs, the applicant shall furnish additional amounts, from time to time, when called upon to do so. All amounts so furnished shall be held by the municipality in escrow until all improvements have been completed. No lot shall be sold and no permit to erect, alter or repair any building shall be issued with respect to the land included in said final plan until all costs of assuring the proper construction and completion of improvements have been paid.
C. 
Escrow accounts. Deposits shall be credited to each escrow account as they are made, and costs shall be charged against each escrow account as they are incurred. The applicant shall be furnished with the details thereof upon request. A minimum charge for administrative costs, as set by resolution of the governing body of Upper Allen Township, shall be charged against each escrow account. At such time as the escrow account may be terminated, any excess amount remaining therein after all costs have been paid shall be refunded to the applicant.
All permitted improvements, as approved in any subdivision or land development shall comply with the requirements of the Township's Standard Construction and Material Specifications, latest edition,[1] and may be amended from time to time by resolution of the Board of Commissioners of Upper Allen Township.
[1]
Editor's Note: The Construction and Material Specifications are on file in the Township offices.
This chapter shall not apply to any signs, properties, uses or structures owned by Upper Allen Township or by a municipal authority created solely by Upper Allen Township for uses and structures that are intended for a public utility, stormwater, public works, recycling, municipal administrative, public recreation or public health and safety purposes.
A. 
No lot in a subdivision shall be sold, rented, leased or conveyed in any manner; no permit to erect, alter or repair any building upon land in a subdivision or land development shall be issued; and no building shall be erected in a subdivision or land development until a final plan of such subdivision or land development has been approved and properly recorded and until improvements have been either constructed or guaranteed.
B. 
Any person, partnership or corporation who shall subdivide 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 subdivision without first having complied with the provisions of this chapter shall be guilty of a misdemeanor.
C. 
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 the Township, pay a judgement of not more than $500 plus all court costs, including reasonable attorneys' fees incurred by the Township as a result thereof. No judgment shall commerce or be imposed, levied or payable until the date of the determination of a violation by the district justice. If the defendant neither pays nor timely appeals the judgment, the 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 district justice 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 such 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 district justice, and thereafter each day that a violation continues shall constitute a separate violation.
D. 
The Court of Common Pleas, upon petition, may grant an order to stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
E. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Township the right to commence any action for enforcement pursuant to this section.
The procedures for securing review of any ordinance, decision, or determination is set forth in Article X-a of the Pennsylvania Municipalities Planning Code (Act of 1968, P.L. 805, No. 247),[1] as reenacted and amended.
[1]
Editor's Note: See 53 P.S. § 11001-a et seq.
If any section, clause, provision, or portion of this chapter shall be held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision or portion of this chapter.