[Ord. 2014-01, 1/6/2014]
1.
Before voting on the enactment of a proposed amendment to this chapter,
the Board of Supervisors shall hold a public hearing pursuant to public
notice. The amendment or summary setting forth the principal provisions
of the amendment shall be published once each week for two successive
weeks in a newspaper of general circulation in the Township. Such
notice shall state the time and place of the hearing and the particular
nature of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication not be less
than seven days from the date of the hearing. The notice shall include
a reference to the place within the Township where copies of the proposed
amendment may be secured or examined.
2.
In the case of an amendment other than that prepared by the Planning
Commission, the Board of Supervisors shall submit each such amendment
to the Planning Commission for recommendation at least 30 days prior
to the date fixed for the public hearing on such proposed amendment.
3.
The recommendation of the Planning Commission shall be made in writing
to the Board of Supervisors within 30 days. The recommendation shall
include a specific statement as to whether or not the proposed amendment
is in accordance with the objectives of the Comprehensive Plan.
4.
At least 30 days prior to the hearing on the proposed amendment,
the Board of Supervisors shall submit the proposed amendment to the
Berks County Planning Commission for review and recommendations. In
the case of a complete replacement of an existing subdivision and
land development ordinance, the Berks County Planning Commission shall
be provided 45 days for their review and comment.
5.
The recommendations of the Berks County Planning Commission shall be made to the Board of Supervisors within 30 days and the proposed action shall not be taken by the Board of Supervisors until such recommendation is made. If, however, the County Planning Commission fails to act within 30 days, the Board of Supervisors shall proceed without its recommendation. As noted in Subsection 4 above, in the case of a complete replacement of an existing subdivision and land development ordinance, the Berks County Planning Commission shall have 45 days for their review and comment before the Board of Supervisors can proceed without its recommendation.
6.
Before voting on the enactment of a proposed amendment to this chapter,
the Board of Supervisors shall publish the proposed amendment once
in one 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 or the title
and a brief summary, prepared by the Township Solicitor and setting
forth all the provisions in reasonable detail.
7.
In the event substantial amendments are made to the proposed amendment
before voting on the enactment, the Board of Supervisors, 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 amendment.
[Ord. 2014-01, 1/6/2014]
The Township Secretary shall assign an application number to
all applications for preliminary plan and final plan approval. All
matters pertaining to such applications shall be filed in accordance
with the subdivision and/or land development application number. In
addition, the Township shall keep a record of its findings, decisions
and recommendations relative to all subdivision and/or land development
plans filed with the application for review. All such records shall
be public records.
[Ord. 2014-01, 1/6/2014]
Upon the filing of an application for preliminary and final
approval of a subdivision and/or land development plan, the landowner
or developer shall pay to the Township Secretary, to the use of the
Township, such fees as the Board of Supervisors shall from time to
time provide by resolution.
[Ord. 2014-01, 1/6/2014]
The landowner or developer shall pay to the use of the Township,
and upon invoice rendered by the Township, such charges as shall be
made by the Township Engineer or other Township inspector for the
field inspection of improvements in the subdivision or land development;
but in the event, owing to special or unusual conditions, specialized
or expert inspections, analyses, or tests of improvements shall be
required, such inspections, analyses, or tests shall be performed
by persons or firms selected by the Board of Supervisors, and the
fees and costs of such inspections, analyses or tests shall be paid
by the landowner or developer to the use of the Township upon invoice
rendered by the Township, in an amount equivalent to the actual cost
thereof to the Township.
[Ord. 2014-01, 1/6/2014]
The landowner or developer shall pay to the use of the Township,
and upon invoice rendered by the Township, the actual cost of all
fees incurred by the Township in the review of all subdivision and/or
land development plans by the Township Engineer, Planning Consultant,
Township Solicitor, and such other professionals as are engaged by
the Township to review and evaluate subdivision and land development
plans. The need for such professionals, and the selection thereof,
shall be determined solely by the Board of Supervisors.
[Ord. 2014-01, 1/6/2014]
The landowner or developer shall pay to the use of the Township
and upon invoice rendered by the Township, the cost of performing
all material tests determined by the Board of Supervisors to be necessary
or desirable in connection with the inspection or approval of all
subdivision and/or land development plans or improvements.
[Ord. 2014-01, 1/6/2014]
The landowner or developer shall pay to the use of the Township,
and upon invoice rendered by the Township, all fees incurred by the
Township in the preparation of the subdivision and land development
agreements, improvement and maintenance bonds, escrow agreements,
and other instruments deemed necessary or desirable by the Board of
Supervisors in connection with subdivisions or land developments.
[Ord. 2014-01, 1/6/2014]
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. 2014-01, 1/6/2014]
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 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 Part 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 Part.
