A.
Availability. Whenever, in the review of a plat by the Planning Commission
or by the governing body, there is discovered minor or technical discrepancies
or violations of this chapter, the reviewing body may (in its sole
discretion) grant conditional approval of the plat.
B.
Conditions. Whenever conditional approval is granted, the reviewing
body shall specify what changes, alterations, revisions, redesigns
or other modifications are necessary and required to be made in order
to obtain approval.
C.
Automatic rescission of conditional approval. If the reviewing body
granted conditional approval, the developer must accept the changes,
alterations, revisions or other modifications no later than 14 days
after the conditional approval is granted by the reviewing body or
the conditional approval shall be automatically rescinded and the
plat deemed rejected on the basis of the conditions stated. The developer
must, if there is acceptance of the conditions, acknowledge such acceptance
by revision of the plat and resubmission of the revised plat to the
reviewing body or its expressly designated delegate.
See also § 117-6 for additional provisions.
A.
B.
Standards. The governing body may, in its sole discretion, grant
a modification of one or more requirements of this chapter, upon request,
if:
(1)
Literal enforcement would exact undue hardship because of the peculiar
conditions pertaining to the land in question;
(2)
The aforesaid hardship is not of the developer's own making or causation;
(3)
The modification requested will not be contrary to the public interest;
and
(4)
The purpose and intent of this chapter will be observed.
C.
Records. The governing body shall keep a written record of all requests
for modification and of all action taken on the request.
D.
No deemed approval. The failure of the governing body to act on a
request for modification shall be a denial of the request.
A.
Permits required by the Township for the erection or alteration of
buildings, the installation of sewers or sewage disposal systems or
for other appurtenant improvements to, or use of, the land shall not
be issued by any Township official until it has been ascertained that
the site for such building, alteration, improvement or use is located
in a development approved and publicly recorded, if required, in accordance
with the provisions of this chapter.
B.
The Township Building Permit Officer shall require that applications
for building permits contain all the information necessary for him
or her to ascertain that, and he or she shall not issue any building
permit until he or she determines that, the site and plan for the
proposed building, alteration or other improvement is acceptable in
accordance with the provisions of this chapter.
C.
In addition to other remedies, the Township may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations, to prevent unlawful construction, to recover damages and
to 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.
D.
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; and/or
(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.
E.
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 applicant acquired an interest in such
real property.
A.
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, pay a
judgment as provided for in the Pennsylvania Municipalities Planning
Code 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 be 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 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 Magisterial
District Judge and thereafter each day that a violation continues
shall constitute a separate violation.
[Amended 1-3-2023 by Ord. No. 2023-01]
B.
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.
C.
Nothing contained in this section 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.
D.
District Justices shall have initial jurisdiction in proceedings
brought under this section.
The governing body is authorized to pursue, in addition to the
other remedies stated in this article, any and all remedies available
at law or in equity, civil or criminal, to compel compliance with
this chapter or to punish violations thereof.
