(A) The following reasons shall constitute cause to revoke a permit issued under this chapter.
(B) Below is a partial list and the township reserves the right to revoke a permit for violation of any other provision contained in this chapter.
(1) If the developer/permittee ceases to operate the project; provided, however, that the developer/permittee shall not be deemed to have ceased operating the project if the developer/permittee ceases operations for all or substantially all of the project for a period not exceeding six months.
(2) If a petition is filed by the developer/permittee under any bankruptcy, reorganization, arrangement, insolvency, dissolution or liquidation law of any jurisdiction, whether now or hereafter in effect, and is not dismissed within 90 days after such filing.
(3) If the developer/permittee fails to observe or perform any material condition or provision hereof for a period of 60 days after receiving written notice of such failure from the township, the developer/permittee shall commence corrective action within 30 days of notice from any source, of any failure, and shall complete corrective action within 60 days of receipt of notice. Any period of time for which the developer/permittee is unable to commence or complete corrective action as the result of any material third party withholding approval of such action shall not be counted against the developer/permittee. If the developer/permittee is unable to commence corrective action within 30 days of notice or is unable to complete corrective action within 60 days of receipt of notice for reasons other than delays caused by any material third party, the developer/permittee shall request an extension from the township, which shall not be unreasonably withheld and which may include reasonable conditions, in order for the developer/permittee to receive and maintain such extension.
(4) If the developer/permittee continues to be in material breech of any statute, regulation, rule or permit administered by any federal, state, county or local department, agency or commission within 60 days after receiving written notice of a violation by such federal, state or county department, agency or commission, the developer/permittee shall notify the township, in writing, of any alleged violation, order or enforcement proceeding within seven days of receipt. The developer/permittee shall commence corrective action within 30 days of notice, from any source, of any breach and/or violation, and shall complete corrective action within 60 days of receipt of notice. Any period of time for which the developer/permittee is unable to commence or complete corrective action as the result of any material third party withholding approval of such action shall not be counted against the developer/permittee. If the developer/permittee is unable to commence corrective action within 30 days of notice or is unable to complete corrective action within 60 days of receipt of notice for reasons other than delays caused by any material third party, the developer/permittee shall request an extension from the township which shall not be unreasonably withheld and which may include reasonable conditions in order for the developer/permittee to receive and maintain such extension.
(5) In addition, the township may revoke a permit issued under this chapter if the following conditions are met:
(a) The event of default remains uncured;
(b) There is no force majeure event causing the event of default to continue;
(c) The township has provided the developer/permittee an opportunity to present and explain its position before the Township Board to respond to the event of default, and any and all decisions and/or determinations by the Township Board may be appealed to the Court of Common Pleas of the county, and all appeals are de novo; and
(d) All de novo appeals from the decision rendered by the Township Board under division (B)(5)(c) above have been exhausted.
(Ord. 5-2006, passed 12-7-2006)