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These regulations may be modified or repealed, all or in part, by amendment(s) in accordance with procedures described in the Pennsylvania Municipalities Planning Code.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.