[Ord. 01-11, 6/21/2001, § 901; as amended by Ord.
2011-4, 7/7/2011]
Amendments to the Subdivision and Land Development Ordinance
shall become effective only after a public hearing held pursuant to
public notice in the manner prescribed for enactment of a subdivision
and land development ordinance by the Pennsylvania Municipalities
Planning Code. In addition, in case of an amendment other than that
prepared by the planning agency of the Township, the Board of Supervisors
shall submit each such amendment to the Township planning agencies
for recommendations at least 30 days prior to the date fixed for the
public hearing on such proposed amendment. This Section shall not
apply to those provisions specifically authorized to be updated and
amended by resolution of the Board of Supervisors. This shall include
the amendment of certain fees and the updating and amending of the
Upper Macungie Township Infrastructure Construction Specifications
referenced in Part 11 of this Chapter.[1]
[1]
Editor's Note: Part 11, Township Infrastructure Construction
Specifications, was repealed by Ord. 2011-4, 7/7/2011, which ordinance
also provided for the adoption of new standards by resolution. Said
resolution is on file inthe Township offices.
[Ord. 01-11, 6/21/2001, § 902]
The decisions of the Board of Supervisors with respect to the
approval or disapproval of subdivision or land development plans may
be appealed directly to the Court of Common Pleas as is provided for
in the Pennsylvania Municipalities Planning Code.
[Ord. 01-11, 6/21/2001, § 903]
1.
Enforcement Remedies. Any person, partnership or corporation who
or which has violated the provisions of this Chapter shall, upon being
found liable therefor in a civil enforcement proceeding commenced
by the Township before a district justice, pay a judgment of not more
than $500 plus all court costs, including reasonable attorney's 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 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 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
the determination of a violation by the district justice, and thereafter
each day that a violation continues shall constitute a separate violation.
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 subsection.
2.
Preventative Remedies.
A.
In addition to other remedies, the Township may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations of this Chapter, to prevent unlawful construction, to recover
damages and prevent illegal occupancy of a building, structure or
premises. 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.
B.
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 of real property
in violation of this Chapter. This authority to deny such a 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 as 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 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.
C.
As an additional condition for 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 other applicant acquired an interest
in such real property.
[Ord. 01-11, 6/21/2001, § 904]
1.
Should any action or provision of this Chapter be declared by the
courts to be invalid, such decision shall not affect the validity
of the Chapter as a whole, nor the validity of any other section or
provision of the Chapter than the one so declared.
2.
Whenever there is a conflict between minimum standards or requirements
set forth in this Chapter and those contained in other Township ordinances
and regulations, or other applicable laws and regulations, the most
stringent standard or requirement shall apply.
[Ord. 01-11, 6/21/2001, § 905]
1.
The Township Board of Supervisors shall establish, by resolution, a collection procedure and schedule of fees to be paid by the developer at the time of filing of the sketch, preliminary and final plans. No plan shall be accepted for filing unless the required number of plans have been submitted, with the supplemental material required in §§ 22-403 and 22-504, as relevant, accompanied by the required review fee.
2.
Charges for field inspection as required by Township Supervisors
for public improvements shall be based on actual costs incurred for
such inspections.
3.
No final plan shall be approved unless all accrued fees and charges
are paid in full.
4.
No plan shall be filed at the Recorder of Deeds Office unless all
fees and charges are paid in full and all improvements, agreements,
deeds of dedication and permits from outside agencies are provided.
[Ord. 01-11, 6/21/2001, § 906]
1.
The Board of Supervisors may grant a modification of the requirements
of one or more provisions of this Chapter if the literal enforcement
will exact undue hardship because of peculiar conditions pertaining
to the land in question, provided that such modifications will not
be contrary to the public interest and that the purpose and intent
of this Chapter is observed.
2.
All requests for modification shall be in writing and shall accompany
and be a part of the preliminary plan 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 the Chapter involved, and the minimum modifications necessary.
3.
The Board of Supervisors, in considering requests for modification,
shall consider the recommendations for the Planning Commission in
regard thereto.
4.
The Board of Supervisors shall keep a written record of all action
on all requests for modifications.
