This Article IX establishes the procedures for the amendment, administration and enforcement of this chapter.
Amendments to this chapter shall be made in accord with the
requirements of the Pennsylvania Municipalities Planning Code, Act
247 of 1968, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq,
A.
Intent. The provisions of this chapter are intended as a minimum
standard for the protection of the public health, safety, and welfare.
If the literal compliance with any mandatory provision of these regulations
is shown by the applicant, to the satisfaction of the Township, to
be unreasonable or to cause undue hardship as it applies to a particular
property, or if the applicant shows that an alternative proposal will
allow for equal or better results, the Board of Commissioners may
grant a waiver from such mandatory provision, so that substantial
justice may be done and the public interest secured while permitting
the reasonable utilization of the property. However, the granting
of a modification shall not have the effect of making null and void
the intent and purpose of this chapter.
B.
Procedure. All requests for modifications shall be in writing on
the form provided by the Township and signed by the applicant shall
accompany the development application, and shall include:
C.
Action. The Township planning Commission shall make an advisory recommendation
for approval or disapproval of the request for a modification to the
Board of Commissioners who shall make the final determination. If
the Board of Commissioners denies the request, the applicant shall
be notified in writing. If the Board of Commissioners grants the request,
the final plan shall include a note which identifies the modification
as granted.
D.
Conditions. In granting modifications the Board of Commissioners
may impose such conditions as will, in its judgement, secure substantially
the objectives of the standards and requirements of this chapter.
E.
Record. The Board of Commissioners shall keep a written record of
all actions on all requests for modifications.
A.
Preventive remedies.
(1)
In addition to other remedies, the Township may institute and maintain
appropriate actions at 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.
(a)
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 or 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.
(b)
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.
(3)
In the event that any applicant or owner of any property fails to
obtain the proper sewage permit for any required on-site sewage disposal
system, or takes such action or causes any action which results in
the revocation of any sewage permit by the Township Sewage Enforcement
Officer, the Township shall have the authority to withhold the issuance
of any certificate of use for any structure on said property and/or
to take any appropriate actions by law or in equity to prohibit the
occupancy of any such structure.
B.
Enforcement remedies.
(1)
Any person, partnership, corporation, association or other legal
entity 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, corporation, association or other legal entity violating
the ordinance 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, including
but not limited to, injunctive relief.
C.
Jurisdiction. The District Magisterial Judge shall have initial jurisdiction in proceedings brought under § 390-79B.
D.
Transfer. The description by metes and bounds in the instrument of
transfer or other document used in the process of selling or transferring
shall not exempt the seller or transferor from such penalties or from
the remedies herein provided.
E.
Construction.
(1)
In the case of subdivisions, no person shall proceed with any development,
site grading or construction of improvements prior to the approval
of a preliminary plan in accord with this chapter.
(2)
In the case of land developments, no person shall proceed with any development, site grading or construction of improvements prior to the authorization to proceed issued in accord with § 390-19M of this chapter.
(3)
A preconstruction conference with the Township Engineer shall be
required prior to the initiation of construction of any improvements.
(4)
No deeds shall be executed or recorded for the transfer of any lots
or units before the Township has approved the final plan and such
plan is duly recorded with the Monroe County Recorder of Deeds.
A.
Establishment of fees. Fees to be paid by the applicant shall be
established by resolution of the Board of Commissioners to cover all
costs incurred by the Township associated with the processing and
review of all plans and documents and all plan and document revisions.
Such cost may include, but not be limited to, Township administrative
costs and the reasonable and necessary charges by the Township's
professional consultants as defined and authorized by Section 503(1)
and Section 510(g) of the Pennsylvania Municipalities Planning Code.[1] Professional consultants, shall include, but shall not
be limited to, architects, attorneys, certified public accountants,
engineers, geologists, land surveyors, landscape architects, and planners.
[1]
Editor's Note: See 53 P.S. § 10503(1) and 53 P.S.
10510(g), respectively.
B.
Application fees. At the time of the filing of any application, the
applicant shall pay to the Township an application fee and an initial
escrow fee to be applied to the administrative, review and inspection
costs associated with the processing of the application.
C.
Review and inspection fees. The fees to be paid by the applicant
shall at a minimum be sufficient to cover the cost of:
(1)
Reviewing compliance with ordinance and engineering details.
(2)
Inspecting the site for conformance.
(3)
Evaluating cost estimates of required improvements.
(4)
Inspection of required improvements during installation.
(5)
Final inspection or reinspection on completion of installation of
required improvements.
(6)
Fees charged for other related consulting services.
(7)
Any other review and inspection costs incurred by the Township.
D.
Supplemental fees and adjustment. If the review fees collected are
not sufficient to cover the cost of engineering services and other
related professional consulting services incurred by the Township,
an additional fee shall be collected from the applicant prior to any
action on the plan. If after Township action on the plan any review
fees remain, there shall be a refund made to the applicant of the
balance within 30 days of action on the plan.
E.
Recreation fees. Any recreation fee which is due in accord with § 390-58 of this chapter shall be paid.
G.
Failure to pay fees. Any failure by the applicant to pay any required
fees shall be deemed a violation of this chapter and shall make null
and void any approval granted by the Township.
The Township shall keep an accurate public record of its findings,
decisions, and recommendations relevant to all applications filed
for review or approval.
