Township of Caln, PA
Chester County
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Table of Contents
Table of Contents
The provisions of this chapter are the minimum standards for the protection of the public welfare.
If any mandatory provision of this chapter is shown by the applicant, to the satisfaction of the Board of Commissioners at a scheduled public meeting, to be unreasonable and to cause unique and undue hardship as it applies to his proposed subdivision or land development, the Board of Commissioners, upon obtaining the comments and recommendations of the Planning Commission, may grant a modification, in writing, to such applicant from such mandatory provision, so that substantial justice may be done and the public interest secured provided that such variance will not have the effect of nullifying the intent and purposes of this chapter.
In granting modifications, the Board of Commissioners may impose such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
The Board of Commissioners of Caln Township may, from time to time, revise, modify and amend this chapter by appropriate action taken at a scheduled public meeting, all in accordance with the applicable provisions of the Pennsylvania Municipalities Planning Code.
Any person, partnership or corporation who or which, being the owner or agent of the owner of any lot, tract or parcel of land, shall lay out, construct, open or dedicate any street, sanitary sewer, storm sewer, water main or other improvements for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon, or who sells, transfers or agrees or enters into an agreement to sell any land in a subdivision or land development, whether by reference to or by other use of a plat of such subdivision or land development or otherwise, or erects any building thereon, unless and until a final plat has been prepared in full compliance with the provisions of this chapter and of the regulations adopted hereunder and has been recorded as provided herein, shall be guilty of a misdemeanor, and, upon conviction thereof, such person, or the members of such partnership, or the officers of such corporation, or the agent of any of them, responsible for such violation shall pay a fine not exceeding $1,000 per lot or parcel or per dwelling within each lot or parcel. All fines collected for such violation shall be paid over to Caln Township, whose ordinance has been violated. 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.
The decision of the Board of Commissioners with respect to the approval or disapproval of plans may be appealed directly to court as provided for in Act 247 of the Pennsylvania Municipalities Planning Code, as amended by Act 93 of July 1972, or as hereinafter amended.