This article outlines the procedures for enforcement
and amendment of this chapter, as well as procedures for challenges
and appeals of decisions rendered under this chapter.
A.
Amendments to this chapter shall become effective
only after a public hearing held pursuant to public notice in the
manner prescribed for enactment of a proposed ordinance in the Municipalities
Planning Code.
B.
In the case of an amendment other than that prepared
by the Warwick Township Planning Commission, the Board of Supervisors
of the Township shall submit each amendment to the Township Planning
Commission for recommendations at least 30 days prior to the date
of the public hearing on such proposed amendment.
A.
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
a majority of the members of the Board of Supervisors present at a
public meeting, to be unreasonable and to cause undue hardship because
of peculiar conditions pertaining to the particular property and if
the applicant shows that an alternative proposal will allow for equal
or better results and represents the minimum modification necessary,
the Board of Supervisors 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/or purpose of this chapter.
B.
In granting waivers, the Board of Supervisors may
impose such conditions as will, in its judgment, secure substantially
the objectives of the standards and requirements of this chapter.
Any person aggrieved by a finding, decision
or determination of the Board of Supervisors, Township Engineer or
Zoning Officer in connection with an application for approval of a
subdivision or land development shall appeal as specified by this
section.
A.
Appeals from the determination of the Township Engineer
or Zoning Officer with reference to sedimentation, erosion control
and/or stormwater management issues shall be made to the Board of
Supervisors.
B.
Appeals from all findings, decisions or determinations
of the Board of Supervisors shall be made in accordance with the provisions
of the Municipalities Planning Code.
A.
Any person, partnership or 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:
(1)
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
(2)
Sell, transfer or agree to enter into an agreement
to sell or transfer 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
(3)
Erect any building or buildings which constitute a
land development thereon; or
(4)
Commence site grading or construction of improvements prior to recording of a final plan, unless such grading or construction is for the sole purpose of installing improvements as prescribed in § 285-7G, herein, 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
(5)
Fail to comply with any condition imposed upon approval
of a preliminary plan or a final plan or any condition imposed upon
the granting of any waiver; or
(6)
Fail to comply with any agreement with the Township
or the Authority relating to development in accordance with a preliminary
plan or a final plan; or
(7)
Fail to comply with any note included on an approved
preliminary plan or final plan; commits a violation of this chapter.
B.
Any person, partnership or 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 construct or permit the construction of any improvement
or develop or permit the development of any property in a manner which
does not fully comply with the approved improvement construction plan
or final plan, as applicable, commits a violation of this chapter.
C.
Any person, partnership or 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 knowingly provide false information on any plan, report,
certification or other document required to be submitted by this chapter
commits a violation of this chapter.
D.
Any person, partnership or 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, in any other way takes action or permits another to take
action not authorized by this chapter or contrary to the provisions
of this chapter commits a violation of this chapter.
E.
As an additional condition for the issuance of a permit
or the granting of an approval to any 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.
A.
Any person who shall violate 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 attorneys'
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 a District Justice. 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 District Justice, 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. If the District Justice makes a
determination of good faith, there shall be deemed to have been only
one such violation until the fifth day following the date of determination
of a violation by the District Justice, and thereafter each day that
a violation continues shall constitute a separate violation.
B.
The Township may institute and maintain 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 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
or a land development 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 of 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 or constructive
knowledge of the violation.
The Township may impose fees and charges to
cover all costs incurred in the administration of this chapter. The
Board of Supervisors shall adopt fees and charges by resolution or
ordinance. These fees shall include, but shall not be limited to,
an application fee; fees for the review of the plans, studies, financial
security and associated documentation by the Township Engineer, Township
Solicitor or other professional consultant; fees for the inspection
of improvements installed in connection with development authorized
by a plan; and fees for acceptance of dedication of improvements.
Whenever there is a difference between the minimum
applicable standard specified herein and those included in other applicable
municipal regulations, the more stringent requirement shall apply.
Nothing in this chapter shall be construed to
affect any suit or proceeding pending in any court, or any rights
acquired or liability incurred, or any permit issued or any cause
or causes of action arising prior to the enactment of the chapter.
The Warwick Township Subdivision and Land Development
Ordinance of 1979, enacted in 1979 and subsequently amended, is hereby
repealed in its entirety; provided, however, that this repeal shall
in no manner be construed as a waiver, release or relinquishment of
the right to initiate, pursue or prosecute any proceeding at law or
in equity pertaining to any act which would have constituted a violation
of the Warwick Township Subdivision and Land Development Ordinance
of 1979, as amended. All provisions of the Warwick Township Subdivision
and Land Development Ordinance of 1979, as amended, shall remain in
full force and effect, and are not repealed hereby, as they pertain
to such acts and to the processing and administration of development
plans filed prior to the effective date of this chapter which are
protected from the effect of the intervening ordinances by § 508(4)
of the Municipalities Planning Code.
