The Township Zoning Administrator is the administrative
officer and shall be given the responsibility for ensuring orderly
and expeditious processing of subdivision and land development plan
applications.
Pursuant to the Act 247, as amended, the Municipalities
Planning Code,[1] approval of subdivision plans by the Township is hereby
required as a condition for the recording of such plans with the Erie
County Recorder of Deeds.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A.
The Township Board of Supervisors, when acting upon
applications for preliminary, final, major or minor subdivision approval,
shall have the power to grant such modifications from the requirements
for subdivision approval as may be reasonable and within the general
purpose and intent of the provisions for subdivision review and approval
of this chapter, if the literal enforcement of one or more provisions
of this chapter is impracticable or will exact undue hardship because
of peculiar conditions pertaining to the land in question.
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. The
Board of Supervisors shall forward the request to the Township Planning
Commission for it review and comment.
C.
The Township shall keep a written record of all action
on all requests for modifications.
A.
The Township may refuse to issue any building or zoning
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 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 violation without
regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
B.
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 developer
or subdivider must be in 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.
Any person, partnership or corporation who or which
has violated the provisions of this chapter, upon being found liable
therefor in a civil enforcement proceeding commenced by the Township,
shall pay a judgment of not more than $500 plus all court costs, including
reasonable attorneys' fees incurred by the Township as a result thereof.
No judgment shall commence or be improved, levied or payable under
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.
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 Township
the right to commence any action for enforcement pursuant to this
section.
The Township may revise, modify and amend this
chapter by appropriate action in accordance with the Municipal Planning
Code, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The Township and subdivider or developer may choose to complete the approval proceedings of this chapter by way of the mediation option. In exercising such an option, the Planning Commission and mediating parties shall meet the stipulations and follow the procedures set forth in Article IX, Section 908.1, of the MPC, Act 247, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10908.1.
