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The Township Board of Supervisors may revise or amend in whole or in part these regulations; provided, however, that the amendment thereof shall be accomplished in accordance with the provisions of § 505 of the Act of July 31, 1968, Pub. L. No. 247 (53 P.S. § 10505) as supplemented and amended.
(Ord. 2-2011, passed 10-6-2011)
(A) Modified standards. The provisions of these regulations are the minimum standards for the protection of the public welfare. The Township Board of Supervisors reserves the right to modify or to extend these regulations as may be necessary in the public interest.
(B) Waiver. If a majority of the Township Board of Supervisors feels that this chapter causes undue hardship upon a particular subdivision, it may grant a waiver, provided that it does not nullify the intent and purpose of this chapter. In granting waivers, the Township Board of Supervisors may impose such conditions as will, in its judgment, advance the achievement of the intent of this chapter. The standards and requirements of these regulations may be modified by the Township Board of Supervisors in the case of a plan or program for complete community, new town, neighborhood, cluster subdivision or mobile home park which in the judgment of the Township Board of Supervisors provides adequate open and public spaces and improvements for circulation, recreation, light, air and service needs of the tract when fully developed and populated and which also provides such covenants or other legal provisions which will assure conformity to and achievement of the development goals of the township.
(Ord. 2-2011, passed 10-6-2011)
(A) Any subdividers aggrieved by a finding, decision or recommendation of the Township Board of Supervisors may request and shall receive another opportunity to appear before the Township Board of Supervisors to present additional relevant information. This request shall be in writing within 30 days after the original date of action by the Township Board of Supervisors.
(B) Upon receipt of such appeal, the Township Board of Supervisors shall hold a hearing after proper notification of all parties concerned and in a manner prescribed by law.
(C) After such hearing, the Township Board of Supervisors may affirm or reverse the original action of the Township Board of Supervisors by a recorded vote and in the manner prescribed by law. The findings and reasons for the disposition of the appeal shall be stated on the records of the Township Board of Supervisors. Affirmative action shall authorize the subdividers to continue application from the point at which it was interrupted.
(D) Any person aggrieved by action of the Board of Supervisors may appeal within 30 days directly to the Court of Common Pleas of the county in accordance with and in a manner prescribed by law.
(Ord. 2-2011, passed 10-6-2011)
Any person who violates or permits a violation of this chapter, upon being found liable thereof in a civil enforcement proceeding, shall pay a fine of not more than $600 plus all court costs, including reasonable attorney’s fees, incurred by the township in the enforcement of this chapter. Such fines shall be determined by the officer of the township authorized to do so by the Board of Supervisors. No judgment shall be imposed until the date of the determination of the violation by the District Justice and/or court. 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 a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
(Ord. 3-96, passed 9-3-1996; Ord. 2-2011, passed 10-6-2011)