The Supervisors may, at their discretion, revise,
modify or amend these regulations by appropriate action taken at a
scheduled public meeting and as per Section 505 of the Municipal Planning
Code.[1]
[1]
Editor's Note: See now 53 P.S. § 10505.
A.
The Board of Supervisors or the Planning Commission,
if authorized to approve applications within this chapter, may grant
a modification of the requirements of one or more provisions if the
literal enforcement will exact undue hardship because of peculiar
conditions pertaining to the land in question, provided that such
modification wilt be contrary to the public interest and that the
purpose and intent of this chapter is observed.
B.
All requests for this 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 and facts of unreasonableness
or hardship on which the request is based, the provision or provisions
of the ordinance involved and the minimum modification necessary.
C.
The Board of Supervisors may request the modification
to be referred to the Planning Commission for advisory comments.
D.
The Board of Supervisors shall keep a written record
of all action on all requests for modifications.
Any developer aggrieved by a finding, decision,
or recommendation of the Supervisors may request and receive opportunity
to appear before the Supervisors, present additional relevant information,
and request reconsideration of the original finding, decision or recommendation.
The Board of Supervisors shall keep a record
of the findings, decisions and recommendations relative to all subdivision
plans filed with it for review and/or approval. Such records shall
be open to the public.
A.
Any person, partnership or corporation who or which
has violated the provisions of this chapter enacted under this act
or prior enabling laws shall, upon being found liable therefor in
a civil enforcement proceeding commenced by the Township of Tobyhanna,
pay a judgement of not more than $500 plus all court costs, including
reasonable attorney fees incurred by the Township of Tobyhanna as
a result thereof. No judgement shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
district justice. If the defendant neither pays nor timely appeals
the judgement, the Township may enforce the judgement 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.
B.
The court of common pleas, upon petition, may grant
an order of stay, upon cause shown, totaling the per diem judgement
pending a final adjudication of the violation and judgement.
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.
