[Ord. 158, 3/9/1977]
All provisions of this chapter shall be administered by the
Board of Township Supervisors of Northampton Township or by a Township
official as designated by the Board (for purposes of clarity, hereinafter
called the "Zoning Officer"). All plans, applications, correspondence,
complaints, requests for variances or appeals shall be delivered to
the township offices and submitted through the Township Manager's
office to the Zoning Officer.
[Ord. 158, 3/9/1977; as amended by Ord. 294, 8/9/1989]
1.
If any mandatory provisions of this chapter are shown by the applicant/developer
to be unreasonable and cause undue hardship as they apply to any proposed
subdivision or land development plan because of peculiar conditions
pertaining to the land in question or when an alternative standard
can be demonstrated to provide equal or better results, the Board
of Supervisors may modify or waive such mandatory provisions so that
substantial justice may be done and the public interest secured, provided
that such modification or waiver will not have the effect of nullifying
the intent and purpose of this chapter.
A.
The applicant/developer shall request such modifications or waivers,
in writing, and shall state in full the grounds and facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of the Chapter involved and the minimum modification necessary.
B.
In granting modifications and waivers, the Board of Supervisors may
impose such conditions as will, in its judgment, secure substantially
the objectives of the standards or requirements so modified or waived.
[Ord. 158, 3/9/1977]
If, during the course of construction or completion of a subdivision
or land development, changes, alterations or modifications of a final
plan become necessary, such changes may be approved only after written
acceptance by the Township Engineer and written approval of the Board
of Township Supervisors. Substantial revisions to any such final plan
shall cause the rerecordation of the final plan after such approvals
are obtained.
[Ord. 158, 3/9/1977; as amended by Ord. 294, 8/9/1989]
1.
Any amendment to this chapter shall be in accordance with the Pennsylvania
Municipalities Planning Code, as amended, 53 P.S. § 10101
et seq. Resolutions adopted by the Board of Township Supervisors pursuant
to the terms and conditions of this chapter regarding fees, paving
and construction standards and changes in other design criteria specifically
permitted by resolution of the Board shall not be considered as an
amendment to this chapter.
A.
Authorization. The Board of Supervisors may from time to time amend,
supplement, change, modify or repeal this chapter. When doing so,
the Board shall proceed in the manner prescribed in this Part.
B.
Procedure.
(1)
Sources of Amendment. Proposals for amendment, supplement, change,
modification or repeal may be initiated by the Board of Supervisors
or its own motion or by the Planning Commission.
(a)
Proposals Originated by Board of Supervisors. The Board shall
refer every proposed amendment, supplement, change, modification or
repeal originated by said Board to the Township Planning Commission
and the Bucks County Planning Commission. Within 30 days of the submission
of said proposal, the Township Planning Commission shall submit to
the Board of Supervisors a report containing its recommendations,
including any additions or modifications to the original proposal.
(b)
Proposals Originated by Planning Commission. The Township Planning
Commission may at any time transmit to the Board of Supervisors any
proposal for the amendment, supplement, change, modification or repeal
of this chapter.
(2)
Hearings. Before voting on the enactment of any amendment, the
Board of Supervisors shall hold a public hearing thereon with notice
as required by law. No amendment shall become effective until after
such hearing, at which parties in interest and citizens shall have
an opportunity to be heard. If, after any public hearing held on an
amendment, the proposed amendment is revised or further revised, the
Board may hold another public hearing, pursuant to public notice,
before proceeding to vote on the amendment.
[Ord. 158, 3/9/1977]
1.
Subdivision and Land Development Control. It shall be unlawful for
the owner of any land in the Township or any other person, firm or
corporation to subdivide any lot, tract or parcel of land or to lay
out, construct, open or dedicate for public use or travel any street,
sanitary sewer, storm sewer, drainage facilities or other facilities
in connection therewith or for the common use of occupants of buildings
within the subdivision or land development unless and until final
plans of such subdivision or development shall have been prepared
by a registered professional engineer or registered land surveyor,
submitted to and approved in writing thereon by the Township Board
of Supervisors and recorded in the Bucks County Recorder of Deeds
office in Doylestown, Pennsylvania.
2.
Sale of Lots; Issuance of Building Permits; Erection of Buildings.
A.
No lot in a subdivision may be sold and no permit to erect, alter
or repair any building upon land in a subdivision or land development
may be issued unless and until the municipal improvements required
by the Board of Supervisors in connection therewith have either been
constructed or guaranteed as hereinafter provided.
B.
No building in a subdivision or land development depending for ingress
and egress upon the improvement of any street or streets herein provided
for shall be permitted to be occupied before improvements are fully
completed from an existing paved street to and across the front of
the lot on which the building is located and/or to a sufficient depth
along the side of the lot to service any driveway, driveways or parking
spaces.
C.
No building depending upon public water and sewer facilities shall
be permitted to be occupied before such facilities are fully provided
and operational.
[Ord. 158, 3/9/1977; as amended by Ord. 294, 8/9/1989; and by Ord. 561, 4/25/2012]
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. The 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.
4.
Magisterial district judges shall have initial jurisdiction in proceedings brought under Subsection 5 below.
5.
Enforcement Remedies.
A.
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's fees incurred by the Township as a result thereof.
No judgment shall commence or be imposed, levied or be 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 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.
B.
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.
C.
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.
