A.
The provisions of this chapter are the minimum standards
for the protection of the public welfare.
B.
If any mandatory provision of this chapter is shown
by the applicant, to the satisfaction of the Board of Commissioners
at a scheduled public meeting, to be unreasonable and to cause unique
and undue hardship as it applies to his proposed subdivision or land
development, the Board of Commissioners, upon obtaining the comments
and recommendations of the Planning Commission, may grant a modification,
in writing, to such applicant from such mandatory provision, so that
substantial justice may be done and the public interest secured provided
that such variance will not have the effect of nullifying the intent
and purposes of this chapter.
C.
In granting modifications, the Board of Commissioners
may impose such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements so varied or modified.
The Board of Commissioners of Caln Township
may, from time to time, revise, modify and amend this chapter by appropriate
action taken at a scheduled public meeting, all in accordance with
the applicable provisions of the Pennsylvania Municipalities Planning
Code.
Any person, partnership or corporation who or
which, being the owner or agent of the owner of any lot, tract or
parcel of land, shall lay out, construct, open or dedicate any street,
sanitary sewer, storm sewer, water main or other improvements for
public use, travel or other purposes or for the common use of occupants
of buildings abutting thereon, or who sells, transfers or agrees or
enters into an agreement to sell any land in a subdivision or land
development, whether by reference to or by other use of a plat of
such subdivision or land development or otherwise, or erects any building
thereon, unless and until a final plat has been prepared in full compliance
with the provisions of this chapter and of the regulations adopted
hereunder and has been recorded as provided herein, shall be guilty
of a misdemeanor, and, upon conviction thereof, such person, or the
members of such partnership, or the officers of such corporation,
or the agent of any of them, responsible for such violation shall
pay a fine not exceeding $1,000 per lot or parcel or per dwelling
within each lot or parcel. All fines collected for such violation
shall be paid over to Caln Township, whose ordinance has been violated.
The description by metes and bounds in the instrument of transfer
or other document used in the process of selling or transferring shall
not exempt the seller or transferor from such penalties or from the
remedies herein provided.
The decision of the Board of Commissioners with
respect to the approval or disapproval of plans may be appealed directly
to court as provided for in Act 247 of the Pennsylvania Municipalities
Planning Code, as amended by Act 93 of July 1972, or as hereinafter
amended.
