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1. The Board of Township Supervisors shall consider and act upon requests for modification at a regularly scheduled meeting of the Board.
2. A formal hearing shall not be required. However, the applicant or any interested party may request a hearing upon agreement to pay for the public notice and stenographic costs thereof.
3. At any meeting or hearing, the applicant or his representative shall present evidence in support of the request.
4. The Board of Township Supervisors after hearing said evidence and considering the application, may grant or deny said modification.
5. In modifying any requirements, the Board of Township Supervisors shall record its action and the grounds for the modification of a requirement to the applicant applying for the modification. A note should be placed on the plan stating the modification and date granted.
6. Whenever a request for the modification of a requirement is denied, the Board of Township Supervisors shall record its action and the grounds for such denial in its minutes. The Board of Township Supervisors shall transmit a copy of the action and the grounds for such denial of any alteration to the applicant applying for the modification.
(Ord. 2011-05, 3/14/2011, § 1303)
Part 14
Enforcement, Penalties, Severability, Amendments, and Enactment
Enforcement, Penalties, Severability, Amendments, and Enactment
1. The Board of Township Supervisors shall have the duty and authority for the administration and general enforcement of the provisions of this Chapter, as specified or implied herein.
2. Officials of the Township having regulatory duties and authorities connected with or appurtenant to the subdivision, use or development of land shall have the duties and authorities for the controlling enforcement of the provisions of this Chapter, as specified or implied herein or in other ordinances of the Township.
3. Permits required by the Township, for the erection or alteration of buildings, the installation of sewers or sewage disposal systems, or for other appurtenant improvements to, or use of, the land, shall not be issued by any Township official responsible for such issuance until he or she has ascertained that the site for such building, alteration, improvement or use is located in a subdivision approved and publicly recorded in accordance with the provisions of this Chapter regulating the subdivision and development of land.
A. Such permits shall be issued only after it has been determined that the site for such building alteration, improvement or use conforms to the site description indicated by the approved and recorded final plan or other land description acceptable in accordance with the provisions of this Chapter, and that it is in compliance with all applicable provisions of this Chapter.
B. If the building permit is issued erroneously or prior to proper approval, it is void.
4. The Sewage Enforcement Officer shall require that applications for sewage disposal system permits contain all the information to ascertain that the site for the proposed system is acceptable in accordance with the provisions of this Chapter, and the rules and regulations of PADEP and any requirement of the Township pertaining to the issuance of such permit.
5. Preventive Remedies.
A. In addition to other remedies, the Township may institute and maintain appropriate actions by law or 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.
B. 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. The Township’s authority to deny such a permit or approval shall apply to any of the following applicants:
(1) The owner of record at the time of such violation.
(2) The vendee or lessee of the owner of record at the time of such violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
(3) 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.
(4) The vendee or lessee of the current owner of record who acquired the property subsequent to the time of the violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
C. As an additional condition for the issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the develop ment 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.
(Ord. 2011-05, 3/14/2011, § 1401)
Upon submission of the plan, whether preliminary or final, as specified in this Chapter, the developer shall pay to the Township the required plan fee as follows:
A. Preliminary Plan. As established by resolution of the Board of Supervisors.
B. Final Plan. As established by resolution of the Board of Supervisors. The fee shall include the cost for:
(1) Reviewing the development plan engineering details.
(2) Inspecting the site for conformance of survey.
(3) Preparing cost estimates of required improvements.
(4) Inspection of required improvements during installation.
(5) Final inspection on completion of installation of required improve ments.
(6) Administrative and legal services necessary for the processing of the proposed land development plan.
C. Any engineering, legal and administrative costs in excess of the amount submitted prior to approval of the final plan, shall be paid by the developer upon being notified of same by the Township. Any excess paid over the amount actually required to cover such costs of the final plan shall be returned to the developer upon the completion of the required improvement.
D. All fees shall be payable to Dover Township upon billing by the Secretary- Treasurer of Dover Township.
E. No permits shall be issued until all fees and charges are paid in full.
(Ord. 2011-05, 3/14/2011, § 1402)
1. Before voting on the enactment of an amendment, the Board of Township Supervisors shall hold a public hearing thereon, pursuant to public notice.
2. In addition, in the case of an amendment other than that prepared by the Township Planning Commission, the Board of Township Supervisors shall submit each such amendment to the Planning Commission for recommendations at least 30 days prior to the date fixed for the public hearing on such proposed amendment.
3. In addition, at least 30 days prior to the hearing on the amendment, the Township shall submit the proposed amendment to the York County Planning Commission for recommendations.
4. Proposed subdivision and land development ordinance amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this Section, and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Township where copies of the proposed amendment may be examined without charge or obtained for charge not greater than the cost thereof.
A. The Board of Township Supervisors shall publish the proposed amendment once in one newspaper of general circulation in the Township not more than 60 days nor less than 7 days prior to passage.
B. Publication of the proposed amendment shall include either the full text thereof or the title and a brief summary, prepared by the Township Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
(1) A copy thereof shall be supplied to a newspaper of general circulation in the Township at the time the public notice is published.
(2) An attested copy of the proposed ordinance shall be filed in the County law library or other County office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinance.
5. In the event substantial amendments are made in the proposed amendment, before voting upon enactment, the Board of Township Supervisors shall at least 10 days prior to enactment readvertise, in one newspaper brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.
6. Subdivision and land development amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.
7. Within 30 days after adoption, the Township shall forward a certified copy of any amendment to this Chapter to the York County Planning Commission.
(Ord. 2011-05, 3/14/2011, § 1403)
1. Jurisdiction. Magisterial district judges having territorial jurisdiction over Dover Township shall have initial jurisdiction over proceedings brought under subsection .2, below.
2. Enforcement Remedies.
A. Any person who has violated or permitted the violation of the provisions of this Chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Township, pay a judgment of not more than $500 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 magisterial district judge. 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 magisterial district judge determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating the 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 magisterial district judge and thereafter each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney’s fees collected for the violation of the Chapter shall be paid over to the Township.
B. The Court of Common Pleas of York County, upon petition, may grant an order of stay, upon cause shown, tolling the per diem fine pending a final adjudication of the violation and judgment.
C. Nothing contained in this Section shall be construed or interpreted to grant any person or entity other than the Township the right to commence any action at law and/or at equity for enforcement pursuant to this Section.
(Ord. 2011-05, 3/14/2011, § 1404)
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