[Ord. No. 146, 3/4/2021]
2.
Engineering Fees. Engineering fees required to be paid in accordance
with this chapter shall be paid to the Township by the applicant for
the below-listed services:
A.
Reviewing all information submitted in conformance with provisions
of this chapter. This includes all originally submitted and revised
plans, reports and specification.
B.
Inspecting the layout of the site for conformance to the submitted
survey, plan and specifications.
C.
Reviewing planning modules for land development.
D.
Reviewing cost estimates of required improvements as submitted by
the developer.
E.
Inspecting required improvements during construction.
F.
Final inspections of completion of installation of the required improvements.
G.
Such other technical services as deemed necessary or required by
the Township.
3.
Fees of the Township Solicitor. The applicant shall reimburse the
Township for the fees of the Township Solicitor in the review of plans,
studies, documents, and financial security and, where applicable,
for the preparation of studies, documents, and ordinances.
4.
Fees of Other Township Consultants. The applicant shall reimburse
the Township for the fees of other consultants in the review of plans,
studies, documents, and financial security and, where applicable,
for the preparation of studies, documents, and ordinances.
5.
Reimbursement of Township Costs. The applicant shall reimburse the
Township for all costs, including but not limited to fees for recording
documents associated with a plan and advertising costs for ordinances
necessary to impose traffic and parking regulations for streets which
the Township agrees to accept.
[Ord. No. 146, 3/4/2021]
1.
The provisions of these regulations are intended as a minimum standard
for the protection of the public health, safety and welfare. If the
literal compliance with any mandatory provision of these regulations
is shown by the applicant to the satisfaction of the Board of Supervisors
to be unreasonable and to cause undue hardship as it applies to the
particular property, the Board of Supervisors may grant a modification
from such mandatory provision so that substantial justice may be done
and the public interest secured while permitting the reasonable utilization
of the property. However, the granting of a modification shall not
have the effect of making null and void the intent and purpose of
this chapter.
2.
3.
Action On Modification Requests.
A.
After review and recommendation by the Planning Commission, the Board
of Supervisors shall review the request to determine if the literal
compliance with any mandatory provision of this chapter is demonstrated
by the applicant to exact undue hardship because of peculiar conditions
pertaining to the land in question, provided that such modification
will not be contrary to the public interest and that the purpose and
intent of this chapter is observed.
B.
The applicant shall demonstrate that an alternative proposal will
allow for equal or better results and represents the minimum modification
necessary. If the Board of Supervisors determines that the applicant
has met his burden, it may grant a modification from the literal compliance
with the terms of this chapter.
C.
In granting modifications, the Board of Supervisors may impose such
conditions as will, in its judgment, secure the objectives and purposes
of this chapter.
D.
When a modification is granted with conditions, a statement of the
approved modification, including the imposed condition(s), shall be
provided on the final plan. Where the modification is a deferral of
a requirement of this chapter, the terms of the deferral shall be
included in a recorded agreement.
[Ord. No. 146, 3/4/2021]
1.
It shall be the duty of the Zoning Officer and/or other such duly
authorized representative of the Township, and they are hereby given
the power and authority to enforce the provisions of this chapter.
2.
The Zoning Officer shall require that an application for a zoning
permit contain all information necessary to enable him to ascertain
whether the proposed building, alteration, or use is located in an
approved subdivision or land development. No zoning permit shall be
issued until the Zoning Officer has determined that the site for the
proposed building, alteration or use complies with all the provisions
of this chapter and conforms to the site description and any conditions
as indicated on the approved and recorded final plan.
[Ord. No. 146, 3/4/2021]
1.
Any person, partnership or corporation, or the members of such partnership
or the officers of such corporation, who or which being the owner
or agent of the owner of any lot, tract or parcel of land, shall:
A.
Lay out, construct, open and/or dedicate any street, sanitary sewer,
storm sewer, water main or other improvement for public use, travel
or other purposes or for the common use of occupants of buildings
abutting thereon;
B.
Sell, transfer or agree to enter into an agreement to sell or transfer
any land in a subdivision or land development, whether by reference
to or by use of a plan of such subdivision or land development or
otherwise;
C.
Erect any building or buildings which constitute a land development
thereon;
D.
Commence site grading or construction of improvements prior to approval
of an improvement construction plan or recording of a final plan;
E.
Fail to comply with any condition imposed upon approval of a preliminary
plan or a final plan or any condition imposed upon the granting of
any waiver;
F.
Fail to comply with any agreement with the Township or the Authority
relating to development in accordance with a preliminary plan or a
final plan;
G.
Fail to comply with any note included on an approved preliminary
plan or final plan;
H.
Construct or permit the construction of any improvement or develop
or permit the development of any property in a manner which does not
fully comply with the approved preliminary plan or final plan, as
applicable;
I.
Knowingly provide false information on any plan, study, report, certification
or other document required to be submitted by this chapter;
J.
Fail to reimburse the Township for review or inspection fees within
30 days from the date of an invoice for such fees unless the person
has challenged the fee in accordance with the procedure in the MPC;
K.
Fail to provide documents required to transfer an improvement which
has been dedicated to the Township or to the Authority within 30 days
after the date of a notification that the Township or the Authority,
as applicable, desires to accept dedication; or
L.
In any other way take action or permits another to take action not
authorized by this chapter or contrary to the provisions of this chapter
or contrary to an approved plan commits a violation of this chapter.
Such person shall be subject to all of the penalties and remedies
set forth in Article V of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
2.
In addition to other remedies, the Township may institute and maintain
appropriate actions at law or in equity to restrain, correct or abate
violations of this chapter, to prevent unlawful construction, to recover
damages and/or to prevent illegal occupancy of a building, structure
or premises.
3.
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.
4.
The Township may further 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. The authority to deny
such permit or approval shall apply to any of the following applicants:
A.
The owner of record at the time of such violation.
B.
The vendee or lessee of the owner of record at the time of such violation
without regard to whether such vendee or lessee had actual or constructive
knowledge of the violation.
C.
The current owner of record who acquired the property subsequent
to the time of the violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
D.
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 constructive knowledge
of the violation.
5.
As an additional condition for the 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 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 estate.
