The Township Supervisors shall establish by
resolution a Schedule of Fees to be paid by the subdivider. The Schedule
of Fees shall be obtainable from the Township Secretary. No final
plan or sketch plan of record shall be approved unless all fees have
been paid in full.
A.
The Township 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
modifications will not be contrary to the public interest and that
the purpose and intent of this chapter is observed.
(1)
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 or provisions of this
chapter involved and the minimum modification necessary. The request
for modification may be referred to the Planning Commission for advisory
comments. The Supervisors shall keep a written record of all action
on all requests for modifications.
(2)
In granting modifications, the Supervisors may impose
such conditions as will, in their judgment, secure substantially the
objectives of the standards or requirements so modified.
B.
No changes, erasures, modifications or revisions shall
be made in any plan of a subdivision or land development after the
plan has been endorsed by the Supervisors, unless the plan is first
resubmitted to and approved by the Township Supervisors in accordance
with the provisions of this chapter.
A.
Preventive 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, 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 a
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 or 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.
B.
Enforcement remedies. Any person, partnership or corporation
who or which has violated the provisions of this chapter or any prior
Subdivision and Land Development Ordinance of the Township shall,
upon being found liable therefore in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $1,000
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 be 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 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.
The Township Planning Commission and the Township
Supervisors shall keep a record of their findings, decisions and recommendations
relative to all subdivision and land development plans filed for review.
Such records shall be available to the public for review.
The subdivider shall be responsible for observing
the procedures established in this chapter and for submitting all
plans and documents as may be required.
A.
Whenever there is a difference between the minimum
standard specified herein and those included in other official Township
regulations, the more stringent requirements shall apply and are not
hereby repealed.
B.
All existing ordinances or parts of ordinances which are contrary to the provisions of this chapter are hereby repealed to the extent necessary to give this chapter full force and effect (except as noted in § 154-46A); provided, however, that the provisions of this chapter shall not affect any suit or prosecution pending or to be instituted to enforce any provision of such repealed ordinance or to punish any offense against any such repealed ordinance committed prior to the effective date of this chapter.
The Township Supervisors may amend this chapter.
Any amendments shall be made in accordance with the procedures established
by law.
