A. 
Amendments to this chapter shall become effective only after a public hearing held pursuant to public notice in the manner prescribed for enactment of a subdivision and land development ordinance in Section 505 of the Pennsylvania Municipalities Planning Code (53 P.S. § 10505). In addition, in case of an amendment other than that prepared by the Penn Forest Planning Commission, the Penn Forest Board of Supervisors shall submit each such amendment to the Penn Forest Planning Commission for recommendations at least 30 days prior to the date fixed for the public hearing on such proposed amendment.
B. 
At least 30 days prior to the public hearing regarding the amendment, the amendment shall be submitted to the Carbon County Planning Commission for recommendations.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The decisions of the Penn Forest Board of Supervisors with respect to the approval or disapproval of subdivision or land development plans may be appealed directly to court in the same manner and within the same time limitations as is provided for zoning appeals in Article X-A of the Pennsylvania Municipalities Planning Code (53 P.S. § 11001-A et seq.).
A. 
Any person, partnership or corporation who or which has violated the provisions of any subdivision or land development ordinance enacted under this act or prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by a municipality, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the municipality as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of a violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the municipality 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 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 Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation.
B. 
The court of common pleas, 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 contained in this section shall be construed or interpreted to grant to any person or entity other than the municipality the right to commence any action for enforcement pursuant to this section.
(1) 
In addition to other remedies, the municipality 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 shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
(2) 
A municipality 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 any ordinance adopted pursuant to this article. 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 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.
(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 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.
(3) 
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 municipality 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. 
Should any action or provisions of this chapter be declared by the courts to be invalid, such decision shall not affect the validity of the chapter as a whole, nor the validity of any other section or provision of the chapter than the one so declared.
B. 
Whenever there is a conflict between minimum standards or requirements set forth in this chapter and those contained in other Township ordinances and regulations, or other applicable laws and regulations, the most stringent standard or requirement shall apply.
A. 
The Penn Forest Board of Supervisors shall establish, by resolution, a schedule of fees to be paid by the developer at the time of filing of the sketch, preliminary and final plans, and plans exempt from standard procedures.
B. 
The applicant shall pay the subdivision fees charged according to the adopted fee schedule. At the time of the submission, the applicant shall deposit the amount of money specified by the fee schedule with the Township. No application will be accepted for consideration unless accompanied by the required deposit. Charges and expenses will be withdrawn from the account as they are incurred by the Penn Forest Township. The deposit shall be replenished at such time and in such manner as is set forth in the fee schedule. No plan shall be approved unless all fees are paid in full. Any amounts which were deposited in excess of the charges and expenses recorded shall be returned to the applicant following action on the proposal.
The Penn Forest Township Subdivision and Land Development Ordinance 94-2, adopted 7-25-1994, and all amendments thereto, are hereby repealed. This chapter does not repeal other laws or ordinances except those specifically repealed by this chapter.
The Penn Forest Board of Supervisors may grant a modification to the requirements of one or more provisions of this chapter if the literal enforcement will 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 met. All requests for modifications shall be in writing and shall accompany and be a part of the application for development. The requests shall state in full the grounds and facts of unreasonableness or hardship on which the request is based, the provision or provisions of the chapter involved and the minimum modification necessary.
Upon presentation of proper credentials, duly authorized representatives of the Penn Forest Township may enter at reasonable times upon any property to investigate or ascertain the condition of the subject property in regard to any aspect regulated by this chapter.