Where the Township Board of Supervisors finds that extraordinary
hardships may result from strict compliance with these regulations,
it may vary the regulations so that substantial justice may be done
and the public interest secured, provided that such variation will
not have the effect of nullifying the intent and purpose of the Comprehensive
Plan or these regulations.
In granting waivers, the Board of Supervisors may require such
conditions as will, in its judgment, secure substantially the objectives
of the standards or requirements so varied or waived.
A.
The owner shall reimburse the Township for engineering and legal
fees incurred for services performed during the approval of each subdivision
or development or section thereof and for the waiver of land development
plan approval process.
B.
The engineering and legal fees required to be reimbursed by this
article shall be promptly reimbursed to the Township by the owner,
upon the submission of bills therefor to the owner by the Township
from time to time, as such fees are billed to the Township by its
or their engineers or attorneys.
C.
In regard to the engineering and legal fees escrow required to be
paid to the Township by this article, the developer shall pay 10%
of the sum escrowed, as reimbursement to the Township of the costs
incurred by the Township for the collection of such fees and the disbursement
of the same to the Township Engineer and Township Solicitor to cover
administrative expenses.
A.
Three days prior to the commencement of any operation in the construction
or installation of streets, curbs, sidewalks, drainage facilities,
street signs, fire hydrants, streetlights, monuments, water and sewer
mains and capped sewers, the developer shall notify the Township Engineer,
who shall inspect the work, materials, construction and installation
for compliance with Township requirements.
B.
The Township Engineer shall be authorized to have such tests of materials
made as are provided in the Falls Township Design Standards, in order
to have proper control of materials. The developer shall be responsible
for reimbursement to the Township for the cost of any required testing.
It is hereby declared to be the legislative intent that:
A.
If a court of competent jurisdiction declares any provision of this
chapter to be invalid or ineffective in whole or in part, the effect
of such decision shall be limited to those provisions which are expressly
stated in the decision to be invalid or ineffective, and all other
provisions of this chapter shall continue to be separately and fully
effective.
B.
If a court of competent jurisdiction finds the application of any
provision or provisions of this chapter to any lot, building or other
structure or tract of land to be invalid or ineffective in whole or
in part, the effect of such decision shall be limited to the person,
property or situation immediately involved in the controversy, and
the application of any such provision to other persons, property or
situations shall not be affected.
Amendments to these subdivision and land development regulations
shall only be enacted as provided in Section 505 of the Pennsylvania
Municipalities Planning Code, as same now exists or as hereafter amended.
In any case where the Board of Supervisors determines, pursuant to § 191-14H, 191-18G or 191-22G, that a preliminary plan or final plan does not meet the required objectives and requirements or otherwise disapproves of a preliminary plan or final plan, the applicant may appeal from such determination or disapproval in the manner prescribed by the Pennsylvania Municipalities Planning Code, as same now exists or as hereafter amended. The appeal shall be filed within 30 days after the date of such determination or disapproval, or if no determination is made, 30 days after the date by which a determination was required to be made by these regulations.
A.
A person, partnership or corporation who or which has violated any
of the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by this Township, pay
judgment of not more than $600, plus all court costs, including reasonable
attorney's fees incurred by this Township 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 District Justice.
If the defendant neither pays nor timely appeals the judgment, the
Township shall proceed to enforce the judgment pursuant to the applicable
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 this
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 District Justice, and thereafter each day that a violation
continues shall constitute a separate violation.
B.
This 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 any provision of this chapter. Such denial of 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 current owner 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 conservative knowledge of the violation.
(4)
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.
C.
In addition to the foregoing, this Township may impose as an additional
condition for issuance of a permit with a granting of an approval
pursuant to this chapter to such owner, current owner, vendee or lessee
for the development of any such real property, compliance with the
conditions that would have been applicable to the property at the
time that the applicant acquired an interest in such real property.
D.
Notwithstanding anything contained herein to the contrary, the Township
retains the right, in addition, to pursue other remedies provided
in this section to institute and maintain appropriate actions by law
or 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 the transferor 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.
