A.
The Board of Supervisors may, from time to time on
their own motion, revise, modify, or amend these regulations in order
to increase their effectiveness or to expedite the approval of subdivision
or land development plans.
B.
Any revisions, modifications, or amendments to these
regulations shall be made in accordance with the procedures established
by law, after a public hearing on the proposed revisions, modifications,
or amendments, held pursuant to public notice in accordance with the
provisions of § 505 of the Pennsylvania Municipalities Planning
Code.[1]
[1]
Editor's Note: See 53 P.S. § 10505.
C.
In the case of amendment other than that prepared
by the Township Planning Commission, the Board of Supervisors shall
submit each amendment to the Township Planning Commission for recommendations
at least 30 days prior to the date fixed for the public hearing on
such proposed amendment.
A.
The Board of Supervisors or the Planning Commission,
if authorized to approve applications within this chapter, may grant
a modification of the requirements of one or more provisions if the
literal enforcement will 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.
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.
If approval power is reserved by the Board of Supervisors,
the request for modification may be referred to the Planning Commission
for advisory comments.
D.
The Board
of Supervisors or the Planning Commission, as the case may be, shall
keep a written record of all action on all requests for modifications.
A.
Any subdivider aggrieved by a finding, decision, or
recommendation of the Township Planning Commission may request and
shall receive an opportunity to appear before the Township Planning
Commission to present additional relevant information and request,
in writing, reconsideration of the original finding, decision, or
recommendation.
B.
Any persons aggrieved by a finding, decision, or recommendation
of the Township Planning Commission may appeal, in writing, to the
Board of Supervisors within 10 days after the date of action of the
Township Planning Commission.
(1)
Upon receipt of such appeal, the Board of Supervisors
shall hold a hearing after proper notification to all parties in interest,
and in the manner prescribed by law.
(2)
After such hearing, the Board of Supervisors may affirm
or reverse the action of the Township Planning Commission by a recorded
vote and in the manner prescribed by law. The findings and reasons
for the disposition of the appeal shall be stated on the records of
the Board of Supervisors, and a copy shall be given to the appellant.
Affirmative action shall authorize the applicant to continue application
from the point at which it was interrupted.
(3)
Any person aggrieved by action of the Township Planning
Commission or Board of Supervisors may appeal within 30 days directly
to the Court of Common Pleas of Berks County in accordance with and
in a manner prescribed by the Pennsylvania Municipalities Planning
Code, Article X-A.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
A.
The Board of Supervisors shall establish by resolution
a collection procedure and schedule of fees to paid by the applicant
at the time of filing of a plan.
B.
The schedule of fees shall be posted in the Township
office or in such other place as the Board of Supervisors may designate.
A copy of the fee schedule shall be available to applicants upon request.
C.
There shall be no refund or credit of any portion
of the fee should the applicant fail to apply for final approval within
the required period of time or if the final plan covers only a section
of the subdivision for which preliminary plan approval was granted.
D.
No final plan shall be approved unless all fees and
charges have been paid in full.
A.
No lot in a subdivision shall be sold, no permit to erect any building upon land in a subdivision shall be issued, and no building shall be erected in a subdivision until a record plan of such subdivision shall have been approved and properly recorded and until improvements have been either constructed or guaranteed, as described in § 190-25D(6)(b) of this chapter.
B.
Any person who shall subdivide any lot, tract, or
parcel of land; lay out, construct, open, or dedicate any street,
sanitary sewer, storm sewer, water main, or other improvement for
public use, travel, or for the common use of occupants of buildings,
abutting thereon; sell or agree to sell, lease, transfer, or improve
any land; enter into a subdivision without having complied with all
the provisions of this chapter; or violate in any other way any provision
of this chapter, shall be prosecuted in accordance with the provisions
of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
D.
Nothing herein shall prevent the Township from taking
such other action necessary to prevent or remedy any violation.
The Township Planning Commission and the Board
of Supervisors shall keep a record of their findings, decisions, and
recommendations relative to all subdivision plans filed for review.
Such records shall be available to the public for review.
