A. 
Revision and amendment. This chapter may, from time to time, be revised, modified, or amended as prescribed by local and state laws.
B. 
Waiver, modification and conditions.
(1) 
The provisions of this chapter and these regulations are intended as the minimum standards for the protection of the public health, safety and welfare of the residents of Upper Mount Bethel Township, Pennsylvania. Any action taken by the Supervisors under the terms of this chapter shall give primary consideration to the above-mentioned matters and to the welfare of the entire community. However, if the applicant, subdivider or landowner can clearly demonstrate that, because of peculiar conditions pertaining to his/her land, the literal enforcement of one or more of this chapter is unreasonable, impractical or will exact undue hardship, or when an alternative standard can be clearly demonstrated to produce equal or better results, the Supervisors may permit such waiver or modification as may be reasonable and within the general purpose and intent of the Comprehensive Plan, and the rules, regulations and standards established by this chapter and the MPC, 53 P.S. §§ 10503(8) and 10512.1, and provided such waiver or modification is not contrary to the public interest and the purpose of this chapter is observed.
(2) 
In granting such waiver or modification, the Supervisors may refer the request to the Township Engineer or the Township Planning Commission for advisory comments and/or recommendations, and may further require such conditions as will, in the Supervisors' judgment, secure substantially the objectives of the standards or requirements so varied or modified.
(3) 
The Board of Supervisors, as the governing and electing body, continues to retain the sole authority to grant or reject such waivers or modifications even if the Township Planning Commission or the Township Engineer recommends that such waiver or modification should be granted or rejected by the Township Board of Supervisors. Moreover, and subject to § 298-38B(4), and the subsections thereunder, such requests for waivers or modifications shall be made in writing, by the applicant, shall state in full all the grounds and facts of hardship based upon the peculiar conditions of the land, cite the chapter provision involved and request the minimum modification necessary. The Township shall keep a written record of all action taken on such requests.
(4) 
Prior to the Board of Supervisors taking any official action on any waiver or modification request (other than those for waiver or modification of the plan scale or sheet size), the applicant must first present his/her request at a duly advertised regular (or special) meeting of the Township Planning Commission. The applicant must also notify, in writing, all adjoining property owners (as determined below) of the tract to be subdivided or developed. The procedure for this written notification is as follows:
(a) 
Written notice shall state, in full, all grounds for the request including the peculiar conditions of the land that create a hardship in complying with this chapter and/or the reasons why this chapter's regulations are unreasonable, impractical or will exact undue hardship and/or that an alternate standard can produce equal or better results than the ordinance provisions The written notice must also cite the ordinance provision involved and the request for the minimum waiver or modification necessary. The written notice must also state the date, time and place of the Planning Commission meeting when the modifications or waiver will be presented and that the adjoining owner can attend that meeting and offer public comment prior to the Planning Commission's recommendation.
(b) 
This notice shall be prepared by and mailed by the applicant in the mode of first-class mail, postage prepaid, to all adjoining property owners ("adjoining property owners" shall be defined as those owning property within 200 feet of the tract to be developed and measured from the outside boundaries of the tract to be developed) as shown on the then existing Northampton County tax assessment maps. The mailing address(es) of the adjoining owners shall be the mailing address(es) as noted in the then existing Northampton County tax assessment records.
(c) 
This notice shall be mailed by the applicant at least 21 calendar days prior to the Planning Commission meeting where the waiver or modification request is to be presented for recommendation. Further, the applicant must file with the Township a written certificate of service prior to said Planning Commission meeting. Said certificate shall include a copy of the written notice that was mailed, the date of mailing (evidenced by an attached and completed and stamped US Postal Service Certificate of Mailing for each adjoining property owner to whom notice so mailed), a separate listing of all names and addresses of adjoining property owners to whom the notice was mailed and a statement (under oath) that the applicant has complied with all of the terms, provisions and conditions of these written notice sections.
(d) 
These written notice provisions shall apply only to major subdivision and land development plans and shall not apply to minor subdivision plans.
(e) 
These written notice provisions, themselves, cannot be waived.
(f) 
After a recommendation (whether to grant or deny the modification or waiver) made by the Planning Commission on the requested waiver or modification, the applicant shall then be permitted to present the waiver or modification request to the Board of Supervisors for official action as per § 298-38B(3) hereof. Additional written notice to the adjoining property owners is not required prior to the Board of Supervisors official action on the waiver or modification provided these written notice requirements have been met prior to the Planning Commission recommendation.
(5) 
Approval of a plan (whether preliminary or final) can also be subject to various conditions imposed by the Board of Supervisors, and as are acceptable to the applicant. Such conditions shall be in writing and signed by the applicant. Unless otherwise agreed, in writing, by the Board of Supervisors, it is further understood that all such conditions must be completed by the applicant before the plan can be recorded, or such conditions must be completed at an earlier date if an earlier date is made part of said conditions. The approval of a plan shall be rescinded automatically upon the applicant's failure to accept or reject such conditions within any time limits as may be established by the Board.
C. 
Reconsideration. Any applicant aggrieved by a finding, decision or recommendation of the Supervisors may request and receive an opportunity to reappear before the Supervisors, present additional relevant information and request reconsideration of the original finding, decision or recommendation. In addition to relief provided by this section, an applicant shall be entitled to all other relief as specified in the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
D. 
Validity. Should any section, subsection, or provision of this chapter be declared illegal, unconstitutional, unenforceable or invalid by a court of competent jurisdiction, such decision shall not affect the validity of this chapter as a whole, or any other part thereof.
E. 
Violations and penalties.
(1) 
Enforcement remedies. Any person, partnership, corporation or entity who or which has violated the provisions of this chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys' fees, incurred by the Township as a result thereof. Each day that a violation continues shall constitute a separate offense. The procedure for imposition of liability in a civil enforcement proceeding shall be as set forth in the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101 et seq. A civil enforcement proceeding shall be initiated by the Board of Supervisors.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
Preventive remedies. In addition to other remedies, the Township may institute and maintain appropriate actions, at 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 and 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. The 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:
(a) 
The owner of record at the time of such violation.
(b) 
The vendee or lessee or assignee of the owner of record at the time of such violation without regards as to whether such vendee or lessee or assignee had actual or constructive knowledge of the violation.
(c) 
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.
(d) 
The vendee or lessee or assignee 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 or assignee had actual or construction knowledge of the violation.
(e) 
As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee, lessee or assignee 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 property.
The Township Board of Supervisors shall establish, by resolution, a collection procedure and schedule of fees to be paid by the applicant at the time of the filing of sketch plans, land development plans, minor subdivision plans, preliminary and final major subdivision plans, for the preparation or review any agreements and easements, recording fees and for inspection of improvements.
A. 
In the event the applicant disputes the amount of any such review fees, the applicant shall, within 14 days of the applicant's receipt of the municipality's bill, notify the municipality that such fees are disputed, in which case the municipality shall not delay or disapprove a subdivision or land development application due to the applicant's request over disputed fees.
B. 
In the event that the municipality and the applicant cannot agree on the amount of review fees which are reasonable and necessary, the applicant and the municipality shall follow the procedure for dispute resolution set forth in Section 510 of the MPC,[1] provided that the professionals resolving such dispute shall be of the same profession or discipline as the consultants whose fees are being disputed.
[1]
Editor's Note: See 53 P.S. § 10510.
The forms and appendixes reproduced and/or printed at the end of this chapter are incorporated herein by reference and shall be included and made a part of this chapter.
A. 
Forms may be updated or added or deleted without notice.
This chapter shall be effective five days from the date of its enactment by the Board of Supervisors.
The prior Subdivision and Land Development Ordinance is hereby repealed in its entirety and this chapter shall take it place. However, other Township ordinances dealing with subdivision or land development (such as, inter alia, the Sanitary Ordinance, the "One Good Acre" Ordinance, the Township Zoning Ordinance) are not repealed. If any of the provisions of those other ordinances (or any amendments hereto) are inconsistent herewith, the more restrictive provision will apply.