The Township Board of Commissioners may from time to time revise,
modify, or amend this chapter by appropriate action in accordance
with applicable law.
A.
Proposals for an amendment to this chapter may be initiated by the
Board of Commissioners on its own motion, by the Planning Commission,
or by any owner of land within the Township, as follows:
(1)
Proposals originated by the Board of Commissioners. The Board shall
refer every proposed amendment originated by said Board to the Township
Planning Commission and the Lehigh Valley Planning Commission. The
Township Planning Commission shall have at least 30 days prior to
a public hearing scheduled to discuss the amendment to submit to the
Board of Commissioners a report containing its recommendations, including
any additions or modifications to the original proposal, all as provided
for in the MPC.
(2)
Proposals originated by the Planning Commission. The Township Planning
Commission may, at any time, transmit to the Board of Commissioners
any proposal for the amendment or repeal of this chapter.
(3)
Proposals originated by a landowner. If a landowner desires to request
the Township to amend this chapter, it shall do so by submitting the
required forms, fees and escrow deposits with the Township as may
be established by resolution from time to time. The Board may refer
the proposal to the Planning Commission for consideration or may take
no action on the request.
No lot in a subdivision may be sold, no space or lot in a subdivision
may be leased, nor may any permit to erect, alter or repair any building
upon land in a subdivision be issued, and no building may be erected
in a subdivision, unless and until a final subdivision plan has been
approved and, where required, recorded, and unless and until the improvements
required by the Township Board of Commissioners in connection therewith
have either been constructed or guaranteed as hereinabove provided.
Where, owing to special conditions, a literal enforcement of this
provision would result in unnecessary hardship, the Township Board
of Commissioners may, in its sole and absolute discretion, modify
this requirement following referral to and recommendation of the Planning
Commission concerning the scope of such reasonable exception thereto
as will not be contrary to the public interest, and may permit the
sale of a lot, leasing of space, issuance of a permit, or erection
of a building, subject to conditions necessary to assure installation
of adequate streets and other public improvements.
No person who is employed by the Township in any activity affected
by these regulations and no person on the staff of any firm, organization
or agency representing the Township on any matter which is affected
by these regulations shall represent a developer of a major subdivision
within the Township.
Where this chapter imposes a greater restriction than imposed
or required by such other provisions of law, ordinance, resolution,
or regulation, or by such easements, covenants or agreements, the
provisions of this chapter shall control. Wherever the provisions
of other law or ordinance or regulations impose a greater restriction
than this chapter, the provisions of such other law or ordinance or
regulations shall control.
A.
Enforcement remedies. Any person 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 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 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. 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. Nothing contained in this Subsection A 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 subsection.
B.
Preventative remedies.
(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 of this chapter, 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)
Refusal to issue permit or grant approval.
(a)
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.
(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.
All other Township ordinances, resolutions and/or other regulations,
or any parts of Township ordinances, resolutions and/or other regulations
are hereby repealed insofar as they are inconsistent with the provisions
of this chapter. All other provisions of the ordinances, resolutions
and/or other regulations of the Township of South Whitehall, Lehigh
County, Pennsylvania, shall remain in full force and effect.
A.
If the literal enforcement of any provision of this chapter will
exact undue hardship because of peculiar conditions pertaining to
applicants' land or the nature of the application (such as, but not
limited to, the unique natural, historical, aesthetic or scenic character
of the subdivision), the Township may grant a modification or waiver
in writing to such applicant, provided that such modification or waiver
will not be contrary to the public interest and the purpose and intent
of this chapter is observed.
B.
All requests for modifications or waivers shall be in writing, be
signed by the applicant and shall accompany and be a part of the application
for development. The request shall state in full the grounds and facts
upon which the request is based, the provision or provisions of the
ordinance involved, and the minimum modification necessary. Any request
for modification or waiver may be referred to the Planning Commission
for advisory comments.
C.
In granting modifications or waivers, the Township may impose such
conditions as will, in its judgment, substantially secure the objectives
of the standards or requirements so modified or waived. In the event
that the Township grants waivers for street trees, buffer landscape
plantings, or other landscaping/screening required by this chapter,
the Township may require alternate plantings or plantings at other
locations within the development.
D.
The Township shall keep a written record of its actions on all requests
for modifications or waivers.
E.
In the event that an applicant requests a waiver of the review process
provided for by this chapter, the following shall be provided as the
minimum requirements of any such submission to allow the Township
and its consultants the opportunity to fully review the waiver request.
(1)
The applicant shall submit the following:
(a)
Plan: 10 clean and legible white paper prints of the site plan, which site plan shall include all detail required by § 312-12B (drawing requirements for preliminary plan submission).
(b)
Application form: one copy of the "Rezoning, Code Amendment
& Waiver Request Application" and two copies of all supporting
documents required by such application form. Application forms may
be obtained from the Department of Community Development.
(c)
Appropriate fees: An application fee and escrow fund shall be
submitted in an amount established by resolution of the Township Board
of Commissioners.
(2)
If the Township staff and Township Engineer recommend the waiver
be granted, and if such waiver is granted by the Board of Commissioners,
the following certifications shall be signed by the applicant, the
applicant's design professional and the Township.
(a)
Owner's certification. The following owner's certification must
be signed by a duly authorized representative of the owner.
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Owner's Certification
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[I/We] being duly sworn according to law depose and say that
[I am/we are] the sole owner[s] of this property, in peaceful possession
of the same, and that there are no suits pending affecting the title
thereof. [I/We] do further depose and say that [I/we] have complied
with all requirements, provisions and conditions of Resolution 20___-___
by which the Township Board of Commissioners conditionally waived
the requirements of the Township Subdivision and Land Development
Ordinance for the project reflected on this plan. [I/We] agree that
[I/we] shall exonerate, indemnify, protect, defend and save harmless
the Township from any and all claims, lawsuits, damages and liabilities
of every kind, character and manner whatsoever pertaining to, relating
to, resulting from, caused by or arising out of the Township's approval
of the waiver request as evidenced by Resolution 20___-___, all as
more fully outlined in Resolution 20___-___.
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Owner:
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_________________________________
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Name:
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Title:
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(b)
Design professional's certification. The following design professional's
certification must be signed.
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Design Professional's Certification
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I, __________, a licensed professional [engineer/land surveyor]
of the Commonwealth of Pennsylvania, do hereby certify that the accompanying
plan[s] and supporting documentation are true, correct, accurate and
are in compliance with all requirements, provisions and conditions
of Resolution 20___-___ by which the Township Board of Commissioners
conditionally waived the requirements of the Township Subdivision
and Land Development Ordinance for the project reflected on this plan.
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Design Professional:
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______________________
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(c)
Township acknowledgment. The following Township acknowledgment
must be signed by the Township representative.
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Township Acknowledgment
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Based upon and expressly in reliance on the foregoing certifications
of the owner and design professional, the within plan is accepted
by South Whitehall Township as the plan satisfying all requirements,
provisions and conditions of Resolution 20___-___.
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____________________________________________
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(d)
If such plan is intended to be recorded, the applicant shall
provide for an appropriate signature area for the Lehigh Valley Planning
Commission.
Pursuant to recommendations by the Township Engineer, the Township
Manager, or the Planning Commission, the Board of Commissioners may
require the developer to construct a higher quality pavement structure
for subdivision streets, a larger diameter storm sewer, sanitary sewer
or water transmission line, a larger capacity central water supply
and storage facility, or a larger capacity sewage treatment plant,
etc. While this chapter contains the minimum standards for the protection
of the public welfare, the Township may modify the minimum standards
as necessary to serve the public interest of the Township and its
citizens.
