A.
Fee resolution.
(1)
The Board shall establish by resolution a collection
procedure and schedule of fees to be paid by the applicant at the
time of submission of all plans.
(2)
Fees for all other permits required for and by the
Township shall be established by the resolution.
(3)
Said schedule of fees shall be posted in the Township
Office.
B.
Engineering fees.
(1)
Engineering fees required to be paid in accordance
with this chapter shall be paid to the Township by the applicant for
the below listed services:
(a)
Reviewing all information submitted in conformance
with provisions of this chapter. This includes all originally submitted
and revised plans, reports and specification.
(b)
Inspecting the layout of the site for conformance
to the submitted survey, plan and specifications.
(c)
Reviewing planning modules for land development.
(d)
Reviewing cost estimates of required improvements
as submitted by the developer.
(e)
Inspecting required improvements during construction.
(f)
Final inspections of completion of installation
of the required improvements.
(g)
Such other technical services as deemed necessary
or required by the Township.
The provisions of these regulations are intended
as a minimum standard for the protection of the public health, safety
and welfare. If the literal compliance with any mandatory provision
of these regulations is shown by the applicant to the satisfaction
of the Board present at a public meeting to be unreasonable and to
cause undue hardship as it applies to the particular property, the
Board may grant a waiver from such mandatory provision so that substantial
justice may be done and the public interest secured while permitting
the reasonable utilization of the property. However, the granting
of a waiver shall not have the effect of making null and void the
intent and purpose of this chapter.
At a public meeting, the Board shall review
the request to determine if the literal compliance with any mandatory
provision of this chapter is demonstrated by the applicant to exact
undue hardship because of peculiar conditions pertaining to the land
in question, provided that such modification will not be contrary
to the public interest and that the purpose and intent of this chapter
is observed. The applicant shall demonstrate that an alternative proposal
will allow for equal or better results and represents the minimum
modification necessary. If the Board determines that the applicant
has met his burden, it may grant a waiver from the literal compliance
with the terms of this chapter. In granting waivers, the Board may
impose such conditions as will, in its judgment, secure the objectives
and purposes of this chapter. When a waiver is granted with conditions,
a statement of the approved waiver including the imposed condition(s)
shall be provided on the final plan.
A.
It shall be the duty of the Zoning Officer and/or
other such duly authorized representative of the Township, and they
are hereby given the power and authority to enforce the provisions
of this chapter.
B.
The Zoning Officer shall require that the application
for a zoning permit contain all information necessary to enable him
to ascertain whether the proposed building, alteration or use is located
in an approved subdivision or land development. No zoning permit shall
be issued until the Zoning Officer has determined that the site for
the proposed building, alteration or use complies with all the provisions
of this chapter and conforms to the site description as indicated
on the approved and recorded final plan.
A.
Any person, partnership, corporation or the members
of such partnership or the officers of such 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 and/or dedicate any street,
sanitary sewer, storm sewer, water main or other improvement 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 use of a plan of such subdivision or
land development or otherwise; or who erects any building thereon,
unless and until a final plan has been prepared in full compliance
with the provisions of this chapter and has been recorded, as provided
herein; or who in any other way be in violation of any of the provisions
of this chapter shall, upon being found liable therefor 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 determines that there was a
good faith basis for the person, partnership or corporation violating
the 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 determination of a violation
of the Magisterial District Judge and thereafter each day that a violation
continues shall constitute separate violation.
B.
In addition to other remedies, the Township may institute
and maintain appropriate actions at law or in equity to restrain,
correct or abate violations of this chapter, to prevent unlawful construction,
to recover damages and/or to prevent illegal occupancy of a building,
structure or premises.
C.
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.
D.
The Township may further 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. The authority
to deny such 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 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 the 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 constructive
knowledge of the violation.
E.
As an additional condition for the 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 estate.
