[Amended 5-23-2011 by Ord. No. 711]
A. 
The Township Supervisors may, from time to time, by ordinance, revise, modify or amend this chapter in order to increase its effectiveness or to expedite the approval of land subdivision and/or land development plans.
B. 
Any revisions, modifications or amendments to this chapter 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 provision of Section 505 of Act 247, as amended, or any amendments thereto.[1]
[1]
Editor's Note: See 53 P.S. § 10505.
C. 
In addition, in the case of amendments other than those prepared by the Township Planning Commission, the Township Supervisors shall submit each amendment to the Township Planning Commission and the County Planning Commission for recommendations at least 30 days prior to the date fixed for the public hearing on such proposed amendment.
D. 
Any ordinances, codes, resolutions or regulations referenced herein shall be construed to include any amendments thereto, to the extent permitted by law.
The provisions of this chapter are intended as minimum standards for the protection of the public health, safety and welfare of the residents and inhabitants of the Township. The Township reserves the right, in unusual situations, to modify or to extend them conditionally in individual cases as may be necessary in the public interest; provided, however, that such variation shall not have the effect of nullifying the intent and purpose of these regulations. The list of such modifications and the reasons for them shall be entered in the minutes of the Township Planning Commission or Township Supervisors, and a copy of this entry shall be transmitted to the Township Planning Commission Secretary. Modifications shall be clearly defined and entered on the record plan and signed by the Township Supervisors.
All appeals and challenges shall conform to the requirements and procedures as outlined in the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
The Township Supervisors shall establish, by resolution, a collection procedure and Schedule of Fees to be paid by the applicant or developer at the time of filing a sketch, preliminary and final plan.
B. 
The Schedule of Fees shall be available in the municipal office, upon request.
C. 
In the event the applicant or developer is required to pay additional fees at the filing of the final plan, such fees shall be collected by the Township Planning Commission Secretary prior to distributing the final plan. There shall be no refund or credit of any portion of the fee should the applicant or developer fail to apply for final approval within the required period of time or if the final plan covers only a section of the subdivision or land development for which preliminary approval has been obtained.
D. 
No final plan shall be signed and sealed by the Township until all fees and charges have been paid in full.
A. 
No person, partnership or corporation shall subdivide any lot, tract or parcel of land, lay out, construct, open or dedicate any street, sanitary sewer, storm sewer or water main or other improvements for public use or travel or for the common use of occupants for buildings abutting thereon, sell, lease, transfer or agree or enter into an agreement to sell any land in a subdivision or erect any building in a subdivision until:
(1) 
A record plan of such subdivision shall has been approved and properly recorded.
(2) 
Improvements have been either constructed or guaranteed and all the provisions of this chapter have met compliance.
B. 
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 the Township, pay a judgment of not more than $1,000 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 a district justice. If the violator neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to applicable rules of civil procedures. Each day that a violation continues shall constitute a separate violation, unless the district justice in 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 each violation by the district justice and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney's fees collected for the violation of this chapter shall be paid over to the Township. The Court of Common Pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per-diem fine pending a final adjudication of the violation and judgment.
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, to prevent illegal occupancy of a building, structure or premises and to set aside and invalidate any unlawful conveyances of land. 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 transferee 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. Such refusal 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. 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.
E. 
Nothing herein shall prevent the Township from taking such other action as is necessary to prevent or remedy any violation.
The Township Planning Commission and the Township Supervisors shall keep a record of their findings, decisions and recommendations relative to all subdivision and land development plans filed for review. Such records shall be made available to the public for review.
The applicant shall be responsible for observing the procedures established in this chapter and for submitting all plans and documents as may be required.
A. 
Whenever there is a difference between the minimum standards specified herein and those included in other official Township regulations, the more stringent requirements shall apply and are not hereby repealed.
B. 
All ordinances or parts of ordinances conflicting with any provision of this chapter are hereby repealed insofar as the same affects this chapter (except as noted in Subsection A).
If any sentence, clause, section or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts hereof. It is hereby declared as the intent of the Board of Supervisors that this chapter would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereof not been included herein.