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Township of Lower Oxford, PA
Chester County
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[Ord. 3/1/1978, 3/1/1978, § 1001; as amended by Ord. 1-93, 1/6/1993]
1. 
In addition to other remedies, the Township of Lower Oxford 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 of Lower Oxford 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 of Lower Oxford 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. 3/1/1978, 3/1/1978, § 1001; as amended by Ord. 1-93, 1/6/1993]
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 of Lower Oxford, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Township of Lower Oxford 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 of Lower Oxford 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 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 district justice 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 of Lower Oxford the right to commence any action for enforcement pursuant to this section.
4. 
District justices shall have initial jurisdiction in proceedings brought under this section.
[Ord. 3/1/1978, 3/1/1978; as added by Ord. 1-93, 1/6/1993]
1. 
The following are exempt or partially exempt from the provisions of this chapter:
A. 
The conversion of an existing single-family detached dwelling or single family dwelling semi-detached dwelling into not more than three residential units, unless such units are intended to be a condominium;
B. 
The addition of an accessory building, including farm buildings, on a lot or lots subordinate to an existing principal building; or
C. 
The addition or conversion of buildings or rides within the confines of an enterprise which would be considered an amusement park. For the purposes of this subsection, an amusement park is defined as a tract or area used principally as a location for permanent amusement structures or rides. This exclusion shall not apply to newly acquired acreage by an amusement park until initial plans for the expanded area have been approved by proper authorities.
[Ord. 3/1/1978, 3/1/1978, § 1001; as amended by Ord. 2-88, 12/21/1988, § 2; and by Ord. 1-93, 1/6/1993]
1. 
The Board shall prescribe and make available to applicants a form upon which all applications for approval of subdivision and land development plans shall be made.
2. 
Every applicant shall, at the time of filing application for approval of the plan, pay to the Township of Lower Oxford a basic filing fee, as per a fee schedule adopted by the Board of Supervisors by resolution.
3. 
Review Fees.
A. 
Review fees shall include the reasonable and necessary charges by the Township's professional consultants or engineer for review and report to the Township of Lower Oxford, and shall be set by resolution. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Township engineer or consultant for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the Township of Lower Oxford when fees are not reimbursed or otherwise imposed on applicants.
B. 
In the event the applicant disputes the amount of any such review fees, the applicant shall, within 10 days of the billing date, notify the Township of Lower Oxford that such fees are disputed, in which case the Township shall not delay or disapprove a subdivision or land development application due to the applicant's request over disputed fees.
C. 
In the event that the Township of Lower Oxford and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the fees shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the Township of Lower Oxford and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Township of Lower Oxford and the applicant or developer.
[Ord. 3/1/1978, 3/1/1978, § 1001]
1. 
The Board may, from time to time, revise, modify, and amend this Chapter 22 by appropriate action taken at a scheduled public meeting. The Board shall submit such modifications or amendments to the Planning Commission for review and recommendation.
2. 
Notice of the date, time and place of such a public meeting, together with the brief summary setting forth the principal provisions of the proposed revisions, modifications or amendments, shall be in accordance with the requirements of public notice.
[Ord. 3/1/1978, 3/1/1978; as added by Ord. 1-93, 1/6/1993]
Changes in this chapter shall affect plats as follows:
1. 
From the time an application for approval of a plat, whether preliminary or final, is duly filed as provided in this chapter, and while such application is pending approval or disapproval, no change or amendment of this chapter, zoning or other governing ordinance or plan shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly approved. The applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations.
2. 
When an application for approval of a plat, whether preliminary or final, has been approved without conditions or approved by the applicant's acceptance of conditions, no subsequent change or amendment in this chapter, zoning or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval.
3. 
Where final approval is preceded by preliminary approval, the aforesaid five-year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of this chapter or the governing ordinance or plans as they stood at the time when the application for such approval was duly filed.
4. 
Where the landowner has substantially completed the required improvements as depicted upon the final plat within the aforesaid five-year limit, or any extension thereof as may be granted by the Board of Supervisors, no change of any ordinance or plan enacted subsequent to the date of filing of the preliminary plat shall modify or revoke any aspect of the approved final plat pertaining to zoning classification or density, lot, building, street or utility location.
5. 
In the case of a preliminary plat calling for the installation of improvements beyond the five-year period, a schedule shall be filed by the landowner with the preliminary plat delineating all proposed sections as well as deadlines within which applications for final plat approval of each section are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plat approval, until final plat approval of the final section has been granted and any modification in the aforesaid schedule shall be subject to approval of the Board of Supervisors in its discretion.
6. 
Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of 25% of the total number of dwelling units as depicted on the preliminary plan, unless a lesser percentage is approved by the Board of Supervisors in its discretion. Provided the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plat approval, including compliance with landowner's aforesaid schedule of submission of final plats for the various sections, then the aforesaid protections afforded by substantially completing the improvements depicted upon the final plat within five years shall apply and for any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within said five-year period the aforesaid protections shall apply for an additional term or terms of three years from the date of final plat approval for each section.
7. 
Failure of landowner to adhere to the aforesaid schedule of submission of final plats for the various sections shall subject any such section to any and all changes in this chapter, zoning, and other governing ordinance enacted by the Township of Lower Oxford subsequent to the date of the initial preliminary plan submission.
[Ord. 3/1/1978, 3/1/1978, § 1003; as amended by Ord. 1-93, 1/6/1993]
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 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 Supervisors shall keep a written record of all action on all requests for modifications.