A.
If any mandatory provisions of this chapter are shown by the applicant,
to the satisfaction of the Board, to be unreasonable and cause undue
hardship as they apply to his proposed subdivision, the Board may
grant a modification to such applicant from such mandatory provisions,
so that substantial justice may be done and the public interest secured,
provided that such modification will not have the effect of nullifying
the intent and purpose of this chapter.
B.
In granting modifications, the Board may impose such conditions as
will, in its judgment, secure substantially the objectives of the
standards or requirements so modified.
C.
All requests for modifications of the mandatory provisions of this
chapter shall be submitted at the same time as the submission of the
preliminary plan and shall state with particularity the modifications
requested with reference to the particular section of this chapter
and the claimed hardship.
A.
The Township shall assign a subdivision application number to each
application, and all matters referring to this should be tied in with
and filed in accordance with the subdivision case number. The Township
shall keep a record of its findings, decisions and recommendations
relative to all subdivision plans filed with it for review.
B.
All such records shall be public records.
A.
Subdivision and land development application fees and initial escrow
deposits for plan review and processing shall be fixed by the Board
of Supervisors by resolution. In addition to such fees and escrow
deposits, all disbursements by the Township incident to plan review,
approval and processing in excess of the amount required by escrow
deposits and all inspections of construction, including but not necessarily
limited to engineering fees, inspection fees, costs of materials or
site testing and any maintenance lots prior to the acceptance of improvements
by the Township, shall be reimbursed for actual costs. In addition,
any legal fees incurred by the Township in excess of review of the
Township's standard forms shall be reimbursed in the same manner.
B.
All such reimbursements for costs expended prior to establishment
of the applicant's performance guaranty shall be made prior to
issuance of any permits. All such reimbursements for costs expended
during construction shall be made out of escrow funds established
as the performance guaranty on a monthly basis.
C.
Excluding fixed administrative costs, the applicant shall be charged
only for time actually expended and detailed in bills from the Township
Engineer and Solicitor. Any unexpended balance of the deposit shall
be returned to the applicant following certification by the Township
Engineer that all work has been completed satisfactorily.
D.
If actual time charges required of either the Township or Solicitor
will exceed the deposited amount, the Township shall render to the
applicant a preliminary statement of time expended and the additional
deposit required to complete reviews. Such required additional amounts
must be deposited with the Township Secretary prior to issuance of
the building permit.
E.
The amounts of these inspection fees shall be fixed by resolution
of the Board of Supervisors.
F.
If problems arise requiring more extensive involvement of the Township
Engineer, any resulting costs that exceed the initial fee will be
assessed the applicant.
If in the opinion of the Township Engineer the nature of any
land-disturbance work is such that it may create a hazard to human
life or endanger adjoining property or property at a higher or lower
elevation or any street or street improvement or any other public
property, then the Township Engineer may require that such an applicant
file a certificate of insurance showing that he is insured against
claims for damages for personal injury and property damage (including
damage to Scott Township by deposit or washing of material onto municipal
streets or other public improvements) which may arise from or out
of the performance of the work, whether such performance be by himself,
his subcontractor or any person directly or indirectly employed by
him. The amount of such insurance shall be prescribed by the Township
in accordance with its determination of the risks involved in an amount
not less than $25,000 per occurrence. Such insurance shall be written
by a company licensed to do business in Pennsylvania and approved
by the Township. Neither issuance of a permit nor compliance with
the provisions hereto or any condition imposed by the Township shall
relieve any person from any responsibility for damage to persons or
property otherwise imposed by law, nor shall it impose any liability
upon the Township for damages to persons or property.
A.
Duly authorized representatives of the Township of Scott have the
right to enter private property at reasonable times to investigate
any condition associated with this chapter.
B.
Penalty.
[Amended 10-10-1995 by Ord. No. 1-1995]
(1)
Unless another penalty is specified, any person, partnership or corporation
who or which has violated any provision of this chapter shall, upon
being found liable therefor in a civil enforcement proceeding commenced
by a municipality, 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 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.
(2)
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.
(3)
Nothing contained in this subsection 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.
C.
In addition to the foregoing, the Township of Scott may institute
injunctive, mandamus or any other appropriate action or proceeding
at law or in equity for the enforcement of this chapter. Any court
of competent jurisdiction shall have the right to issue restraining
orders, temporary or permanent injunctions, mandamus or other appropriate
forms of remedy or relief.
[Amended 10-10-1995 by Ord. No. 1-1995]
Amendments to this chapter shall become effective only after a public hearing held pursuant to public notice, as defined in § 123-6 above. In the case of an amendment other than that prepared by the County Planning Commission, the Board of Supervisors shall submit each such amendment to the County Planning Commission for recommendations at least 30 days prior to the date fixed for the public hearing on such proposed amendment.
In the event that any of the provisions of this chapter are
inconsistent with the Act[1] and cannot be reconciled therewith, the provisions of
the Act shall supersede those inconsistent provisions and shall be
deemed to be incorporated herein by reference.
[1]
Editor's Note: The Pennsylvania Municipalities Planning Act,
53 P.S. § 10101 et seq.
