The procedures for waivers or modification to
minimum standards shall be as follows:
A.
The Township Council may grant a modification of the
requirements of one or more provisions of this chapter if the literal
enforcement will cause undue hardship or peculiar conditions pertaining
to the land in question, provided that such modification will not
be contrary to the public interest and provided that the purpose and
intent of this chapter is observed.
B.
All requests 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 this chapter involved and the minimum modification necessary.
C.
Said request shall be presented to the Planning Commission
for review. The Commission shall submit its report to the Township
Council.
D.
Said request for waiver or modification shall be reviewed
by the Township Council at a public meeting. The Council shall decide
if this waiver is consistent with the goals and objectives of the
Township's Comprehensive Plan and the intent of this chapter.
E.
In granting a waiver or modification, the Township
Council may impose conditions that will substantially secure the objectives
of the regulation that is varied.
F.
The Township Council shall keep a written record of
all action on all requests for modifications.
These regulations may be modified or repealed,
all or in part, by amendment(s) in accordance with procedures described
in the Pennsylvania Municipalities Planning Code.
A.
A subdivider or developer aggrieved by any action
of the Township Council in regard to refusal to approve a subdivision
or land development may appeal to the Common Pleas Court of Northampton
County in accordance with the Municipalities Planning Code.
B.
Appeals by aggrieved parties for any decision of the
Township Council regarding subdivisions and land development shall
be undertaken in accordance with the procedures allowed in the Municipalities
Planning Code.
A.
Any person, partnership or corporation 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 attorney fees, incurred by the 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 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 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 Magisterial District Judge, and thereafter each day that a
violation continues shall constitute a separate violation.
[Amended 3-3-2021 by Ord.
No. 2021-01]
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 constructed
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.
A.
In addition to other remedies, the Township 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
of 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.
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;
and
(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.
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 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.
