[Ord. 1998-12, 12/17/1998, § 1000; as amended by
Ord. 2011-12, 10/6/2011]
Amendments to this chapter 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, 53 P.S. § 10101
et seq. In addition, in case of an amendment other than that prepared
by the Planning Agency of the Township, the Board of Commissioners
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.
[Ord. 1998-12, 12/17/1998, § 1010; as amended by
Ord. 2011-12, 10/6/2011]
The decisions of the Board of Commissioners 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, 53 P.S. § 10101
et seq.
[Ord. 1998-12, 12/17/1998, § 1020; as amended by
Ord. 2011-12, 10/6/2011]
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 magisterial district judge, pay a judgement
of not more than $500 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 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. 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.
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 other applicant acquired an interest in such
real property.
[Ord. 1998-12, 12/17/1998, § 1030]
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 this chapter as a whole, nor the validity of any other section
or provision of this 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. 1998-12, 12/17/1998, § 1040; as amended by
Ord. 2011-12, 10/6/2011]
1.
The Township Board of Commissioners 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 §§ 22A-403 and 22-504 as relevant, accompanied by the required review fee.
2.
Charges for field inspection as required by Township Commissioners
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.
[Ord. 1998-12, 12/17/1998, § 1050; as amended by Ord. 2000-2, 3/2/2000; by Ord. 2006-2, 8/17/2006; and by Ord.
2011-12, 10/6/2011; and by Ord. 2017-02, 1/19/2017]
1.
The Board of Commissioners may modify the requirements of one or
more provisions of this chapter if the literal enforcement will, in
the reasonable judgment of the Board of Commissioners, be unreasonable,
cause undue hardship, or when an alternative standard can be demonstrated
to provide equal or better results, provided that such modifications
will not be contrary to the public interest.
2.
If a plan is exempt from review by the Township Planning Commission
pursuant to § 22A-6A, any modifications requested under
an application meeting the requirements of the same shall also be
exempt from review by the Township Planning Commission. The Township
Engineer, in consultation with the Township Director of Planning and
the Township Zoning Officer, shall recommend to the Board of Commissioners,
in writing, that the modifications requested be approved or disapproved,
together with the documented findings upon which the recommendations
are based, and include any recommendations made by the Township Director
of Planning and the Township Zoning Officer.
3.
Procedure to Request Modifications of this Subchapter.
A.
All requests for modification shall be in writing and shall accompany
and be a part of the preliminary plan application.
B.
In no event shall a request for modification be acted upon by the
Planning Commission (or Board of Commissioners if processed under
§ 22A-6A) unless it has been submitted to the Township not
later than five days before the day of the meeting of the Planning
Commission for Board of Commissioners if processed under § 22A-6A),
so that members of the Commission (or Board of Commissioners if processed
under § 22A-6A) may have an adequate opportunity to review
it.
4.
The Board of Commissioners, in considering requests for modification,
shall consider the recommendations for the Planning Commission or
the Township Engineer in regard thereto.
5.
The Board of Commissioners shall keep a written record of all action
on all requests for modifications.
[Ord. 1998-12, 12/17/1998; as added by Ord. 2006-4, 8/17/2006;
and as amended by Ord. 2011-12, 10/6/2011]
1.
All subdividers and land developers in Lower Macungie Township shall,
as a condition of the commencement of any construction within the
Township, agree to exonerate, indemnify and save harmless the Township,
its Commissioners, officers, appointees and employees, jointly and
severally the indemnified parties from any and all claims, actions,
awards, verdicts and judgments, together with reasonable counsel fees,
based upon or arising out of the approval of any or all aspects of
the design, construction or development of such subdivisions or land
developments, specifically to include the design, construction and
maintenance of storm water drainage facilities, for damages or injuries,
including death, to persons or properties caused by or sustained in
connection with the design, construction and development of any such
subdivision or land development, the developer's performance
under any subdivision improvement or maintenance agreement, as well
as any conditions created by the aforesaid design, construction or
development; and if requested by the Township, to assume, without
expense to the Township, the defense of any claims or actions against
the indemnified parties, or any of them, arising out of any of the
approvals made by the Township of subdivision or land development
designs, plans or construction which are created, controlled or effectuated
by the developer, its agents, independent contractors, employees or
assigns.
2.
In support of the indemnification and hold harmless language set
forth in the prior paragraph, each such developer of subdivisions
or land developments within the Township shall, throughout the time
of performing any work within the Township, carry with insurance companies
acceptable to the Township, comprehensive general liability insurance,
which shall include contractual liability coverage (which must be
"admitted" carriers in the Commonwealth of Pennsylvania, and must
be rated by the A.M. Best Company as B+ or better) in which the developer
insures the liability which it has assumed pursuant to the requirements
of this chapter, which coverage shall be at least $500,000 per occurrence,
$1,000,000 in the aggregate for personal injury and/or death, and
at least $1,000,000 for property damage, naming the indemnified parties
as additional insureds in order to protect and insure said indemnified
parties against any and all liability with respect to the approval
of design, construction or development proposed or effectuated by
such developers, and shall, upon request at least annually, furnish
the Township with copies of insurance policies or binders evidencing
developer's compliance with this requirement.
3.
The aforesaid insurance coverage shall be renewed from year to year
at the expense of the developer of such subdivision or land development
until all public improvements which are to be dedicated to the Township
shall have been conveyed to and occupied by the Township, or the expiration
of the developer's maintenance period under any subdivision maintenance
agreement entered into between the Township and the developer, whichever
shall last occur. In addition, the coverage shall provide primary
and not secondary insurance protection to the Township commencing
with the construction and development period, and continuing through
the two year statute of limitations period immediately following the
close of the subdivision improvement maintenance period.
