A. 
The Board of Supervisors may grant a modification of the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship because of the peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purposes and intent of this chapter are observed.
B. 
Any request for a modification shall be in writing and shall accompany and be a part of the application for development. The request 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.
C. 
The Board may refer the request for modification to the Township Planning Commission for advisory comments.
D. 
In granting modifications, the Board may impose such conditions, acceptable to the applicant, as will, in its judgment, secure substantially the objectives of the standards and regulations so modified. The granting of any conditional approval shall be in accordance with the terms of § 190-13B(2), as appropriate.
E. 
The Township shall keep a written record of all actions on all requests for modifications.
A. 
The Township shall assign a subdivision application number to all applications, and all matters referring to this should be tied in with and filed in accordance with the subdivision case number. The Township shall keep a record of its findings, decisions and recommendations relative to all subdivision plans filed with it for review.
B. 
All such records shall be public records.
A. 
Subdivision and land development application fees, driveway permit fees, and initial escrow deposits for plan review and processing shall be fixed by the Board of Supervisors by resolution. In addition to such fees and escrow deposits, the Township shall also charge for review fees relative to subdivision and/or land development applications, which fees shall include reasonable and necessary charges by the municipalities' professional consultants for review and report thereon to the municipality and applicant. Such review fees shall be charged at a rate equal to the cost charged by the professional consultant(s) for services to the municipality which are not reimbursed or otherwise imposed on applicants. All disbursements by the Township incident to plan review, approval and processing in excess of the amount required by escrow deposits, and all inspection of construction, including but not necessarily limited to professional consultant fees, inspection fees, costs of material or site testing and any maintenance cost prior to the acceptance of improvements by the Township, shall be reimbursed by the applicant.
[Amended 5-9-2005 by Ord. No. 2-2005]
B. 
All such reimbursements for costs expended prior to establishment of the applicant's performance guarantee shall be made prior to issuance of any permits. All such reimbursements for costs expended during construction shall be made out of escrow funds established as the performance guarantee, on a monthly basis.
A. 
In addition to other remedies, the Board 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 or premises.
B. 
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:
(1) 
The owner of record at the time of such 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 the 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 an 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.
Any person, partnership, or corporation who or which has violated the provisions of this chapter shall, upon being found liable thereof in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof. No judgment shall commence or be imposed, levied, or be 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 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 determining that there has been a violation further 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 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.
A. 
The Board may, from time to time, revise, modify or amend the terms of this chapter. Except for an amendment proposed by the Township Planning Commission, the Board shall submit any proposed amendment to the Township Planning Commission for its review and recommendation. At least 30 days prior to the hearing on the proposed amendment, the Board shall submit any proposed amendment to the Chester County Planning Commission for review and recommendation. The Board shall take no action to approve or deny any proposed amendment until it has received a report on the proposed amendment from the County Planning Commission, or until 30 days have been allowed for the receipt of such report.
B. 
Notice of the date, time and place of the public hearing on the proposed amendment, and the content of that notice, shall be in accordance with Section 506 of the Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10506.
C. 
In the event substantial amendments are made in the proposed ordinance or amendment, before voting on enactment, the Board, at least 10 days prior to enactment, shall readvertise a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.
D. 
Within 30 days following adoption, the Township shall forward a certified copy of any amendment to this chapter to the Chester County Planning Commission.