[Ord. 1166, 8/27/1973, § 1165.01]
The properly authorized official of the Township shall administer
the provisions of this chapter and enforce the decisions of the Board
of Commissioners made hereunder, and report any violations to the
Board of Commissioners.
[Ord. 1166, 8/27/1973, § 1165.02]
1.
The duties of the official who administers and enforces this chapter
shall be to:
B.
Stamp applications with date received and distribute applications
and plats as required by this chapter.
C.
File in the record of the Planning Commission all applications received.
D.
Certify to the Planning Commission and Township Commissioners, before
they review plats, that all submission procedures have been met and
all fees paid. Distribute plats and recommendations after action by
the Planning Commission and/or Commissioners.
[Ord. 1166, 8/27/1973, § 1165.03]
1.
The Board of Commissioners shall establish, by resolution, a collection
procedure and schedule of fees to be paid by the subdivider at the
time of filing a preliminary plat. The resolution shall also establish
a fee for public hearings.
2.
The schedule of fees shall be posted in the office of the Township
Manager.
3.
Charges for field inspection shall be established on the basis of
the number of lots to be inspected, including improvements to be provided.
4.
No final plat shall be approved unless all fees and charges are paid
in full.
[Ord. 1166, 8/27/1973; as added by Ord. 1726, 10/14/1991,
§ 22-304; and as amended by Ord. 2288, 4/12/2010]
1.
Review fees may include reasonable and necessary charges by the municipality's
professional consultants for review and report thereon to the Township.
Such review fees shall be based upon a schedule established by ordinance
or resolution. Such review fees shall be reasonable and in accordance
with the ordinary and customary charges for similar service in the
community, but in no event shall the fees exceed the rate or cost
charged by the professional consultant for comparable services to
the Township for services which are not reimbursed or otherwise imposed
on applicants. Fees charged to the Township relating to any appeal
of a decision on an application shall not be considered review fees
and may not be charged to an applicant.
A.
The Board of Commissioners shall submit to the applicant an itemized
bill showing work performed, identifying the person performing the
services and the time and date spent for each task. Nothing in this
paragraph shall prohibit interim itemized billing or municipal escrow
or other security requirements. In the event the applicant disputes
the amount of any such review fees, the applicant shall, no later
than 45 days after the date of transmittal of the bill to the applicant,
notify the Township and the Township's professional consultant
that such fees are disputed and shall explain the basis of their objections
to the fees charged, in which case the Township shall not delay or
disapprove a subdivision or land development application due to the
applicant's dispute over fees. Failure of the applicant to dispute
a bill within 45 days shall be a waiver of the applicant's right
to arbitration of that bill under § 510(g) of the Municipalities
Planning Code, 53 P.S. § 10510(g).
B.
In the event that the Township's professional consultant and
the applicant cannot agree on the amount of review fees which are
reasonable and necessary, then the applicant and the Township shall
follow the procedure for dispute resolution set forth in § 510(g)
of the Municipalities Planning Code, 53 P.S. § 10510(g),
provided that the arbitrator resolving such dispute shall be of the
same profession or discipline as the professional consultant whose
fees are being disputed.
C.
Subsequent to a decision on an application, the Board of Commissioners
shall submit to the applicant an itemized bill for review fees, specifically
designated as a final bill. The final bill shall include all review
fees incurred at least through the date of the decision on the application.
If for any reason additional review is required subsequent to the
decision, including inspections and other work to satisfy the conditions
of the approval, the review fees shall be charged to the applicant
as a supplement to the final bill.
[Ord. 1166, 8/27/1973, § 1165.04]
1.
No lot in a subdivision shall be sold, no permit to erect, alter or repair any building upon land in a subdivision or development shall be issued, and no building shall be erected in a subdivision or development until a final plat of such subdivision or land development has been approved and properly recorded and until improvements have been either constructed or guaranteed in accordance with § 22-504.
2.
No person shall connect to any water line, storm, drainage or sanitary
sewer, without first obtaining the required permit and paying the
proper connection charge.
3.
No person shall dig, make any cuts or changes whatsoever in the cartway,
gutters or right-of-way without first obtaining a permit and paying
the proper fee.
[Ord. 1166, 8/27/1973, § 1165.05]
Where any Township road, including the paved area, gutters,
utilities and the right-of-way, is hereafter damaged in any manner
whatsoever, the person or persons directly responsible for the damage,
the subcontractor and/or general contractor for whom the person or
his superiors work, or with whom they have contracted, shall be jointly
liable for any and all damage to the Township road and shall repair
the damage within 90 days of any written demand by the Township. All
repairs shall meet Township standards and shall be subject to Township
inspection. The liability of the developer, if any, shall be determined
by the Street Committee of the Township Commissioners with consultation
of the Township Engineer and/or Superintendent of Public Works and
the Solicitor.
[Ord. 1166, 8/27/1973, § 1165.06; as amended by
Ord. 1726, 10/14/1991, § 22-307]
Any subdivider or land developer aggrieved by a finding, decision,
or other action of the Township Planning Commission or Board of Commissioners
regarding this chapter, may request and shall receive an opportunity
to appear before the Planning Commission or Board of Commissioners,
to present additional relevant information and request, in writing,
reconsideration of the original finding, decision, or action.
[Ord. 1166, 8/27/1973; as added by Ord. 1726, 10/14/1991,
§ 22-308]
1.
The Board of Commissioners 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 modification will not
be contrary to the public interest and that the purpose and intent
of this chapter is observed.
2.
All requests for a modification shall be in writing and shall accompany
and be a part of the 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 this
chapter involved and the minimum modification necessary.
3.
The request for modification shall be referred to the Planning Commission
for advisory comments.
4.
The Board of Commissioners shall keep a written record of all action
on all requests for modifications.
[Ord. 1166, 8/27/1973; as added by Ord. 1726, 10/14/1991,
§ 22-309]
1.
Amendments to this chapter shall become effective only after a public
hearing held pursuant to public notice. A brief summary setting forth
the principal provisions of the proposed amendment and a reference
to the place within the Township where copies of the proposed amendment
may be secured or examined shall be incorporated in the public notice.
Unless the proposed amendment shall have been prepared by the Planning
Commission, the Board of Commissioners shall submit the amendment
to the Planning Commission at least 30 days prior to the hearing on
such amendment to provide the Planning Commission an opportunity to
submit recommendations. In addition, at least 30 days prior to the
public hearing on the amendment, the Township shall submit the proposed
amendment to the County planning agency for recommendations.
2.
Within 30 days after adoption, the Board of Commissioners shall forward
a certified copy of the amendment to the County planning agency.
3.
Proposed amendments shall not be enacted unless notice of proposed
enactment is given in the manner set forth in this section, and shall
include the time and place of the meeting at which passage will be
considered, a reference to a place within the Township where copies
of the proposed amendment may be examined without charge or obtained
for a charge not greater than the cost thereof. The Board of Commissioners
shall publish the proposed amendment once in a newspaper of general
circulation in the Township not more than 60 days nor less than seven
days prior to passage. Publication of the proposed amendment shall
include either the full text thereof or the title and a brief summary,
prepared by the Township Solicitor and setting forth all the provisions
in reasonable detail. If the full text is not included:
4.
In the event substantial amendments are made in the proposed amendment,
before voting upon enactment, the Board of Commissioners shall, at
least 10 days prior to enactment, readvertise, in one newspaper of
general circulation in the Township, a brief summary setting forth
all the provisions in reasonable detail together with a summary of
the amendments.
[Ord. 1166, 8/27/1973; as added by Ord. 1726, 10/14/1991,
§ 22-310]
After a plat has been approved and recorded as provided in this
chapter, all streets and public grounds on such plat shall be and
become a part of the Official Map of the Township without public hearing.
[Ord. 1166, 8/27/1973; as added by Ord. 1726, 10/14/1991,
§ 22-311]
1.
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.
2.
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:
A.
The owner of record at the time of such violation.
B.
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.
C.
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.
D.
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.
3.
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.
[Ord. 1166, 8/27/1973; as added by Ord. 1726, 10/14/1991,
§ 22-312; and as amended by Ord. 2288, 4/12/2010]
1.
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 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
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 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.
4.
Magisterial district judges shall have initial jurisdiction in proceedings
brought under this section.
