Part 7
Administration and Enforcement
§22-701 Waivers or Modifications.
1. The provisions of this Chapter represent minimum standards for the protection of the public welfare.
2. If any mandatory provision of this Chapter is shown by the applicant, to the satisfaction of a majority of the Township Supervisors, to be unreasonable and to cause unique and undue hardship as it applies to his proposed subdivision or land development, the Supervisors may grant a waiver or modification in writing to such applicant from such mandatory provision, so that substantial justice may be served and the public interest secured; provided that such waiver or modification will not have the effect of nullifying the intent and purpose of this Chapter.
3. In granting waivers or modifications, the Township Supervisors may impose such conditions as will, in their judgement, encourage innovative design and secure substantially the objectives of the standards or requirements so waived or modified.
(Ord. 96-01-02, 1/2/1996, Article 7, §700)
§22-702 Records.
The Township Planning Commission and Supervisors shall maintain an accurate public record of all the plans they review and those upon which they take action and of their findings, decisions, and recommendations in relation thereto.
(Ord. 96-01-02, 1/2/1996, Article 7, §701)
§22-703 Amendments.
The Township Supervisors 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 §505 of the Pennsylvania Municipalities Planning Code, 53 P.S. §10505, as reenacted and amended in 1988, December 21, P.L. 1329, Act 170, and as further amended by Act 209 of 1990 and Act 131 of 1992, or as may hereafter be additionally amended.
(Ord. 96-01-02, 1/2/1996, Article 7, §702)
§22-704 Preventive Remedies.
1. In addition to other remedies, the Wolf Township Supervisors may institute and maintain appropriate actions by law or in 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.
2. As provided by §515.1 of the Pennsylvania Municipalities Planning Code, 53 P.S. §10515.1, as reenacted and amended in 1988, December 21, P. L. 1329, Act 170, and as further amended by Act 209 of 1990 and Act 131 of 1992, or as may hereafter be additionally amended, the Wolf Township Supervisors 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 or any prior regulations, adopted pursuant to the requirements of the Pennsylvania Municipalities Planning Code, which may have been in effect in Wolf Township. The authority to deny such a permit or approval shall apply to any of the following applicants:
A. The owner of record at the time of such violation.
B. 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.
C. 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.
D. The vendee or lessee of the current owner of record who acquired the property subsequent to the time of violation without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
3. As an additional condition for issuance of a permit or the granting of an approval to any such owner, current owner, vendee or lessee for the development of any such real property, the Township Supervisors may require compliance with the conditions that would have applied to the property at the time the applicant acquired an interest in such real property.
(Ord. 96-01-02, 1/2/1996, Article 7, §703)
§22-705 Administration.
It shall be the duty of the Wolf Township Supervisors to administer and enforce the provisions of this Chapter. In order to properly carry out this responsibility, the Supervisors may appoint a Subdivision Ordinance Administrator and may grant to this duly appointed individual the power and authority to administer and enforce the provisions of this Chapter. The Administrator shall be responsible to the Supervisors and shall report to them monthly providing details of work accomplished. The Administrator shall also verify all subdivision information supplied as part of any application for a building/zoning permit and shall coordinate with the Township Zoning Officer on other matters as necessary or appropriate. In addition, the Administrator shall perform all other tasks as designated in his job description. In the event that the Subdivision Ordinance Administrator is unavailable to perform the duties and responsibilities assigned herein, the Township Secretary may temporarily perform these functions.
(Ord. 96-01-02, 1/2/1996, Article 7, §704)
§22-706 Enforcement Remedies.
1. Any person, partnership or corporation who or which has violated the provisions of this Chapter, whether enacted under current law or prior enabling laws, shall, upon being found liable therefore in a civil enforcement proceeding commenced by Wolf 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 district justice. If the defendant neither pays nor timely appeals the judgment, Wolf 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 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. All judgments, costs and reasonable attorney fees collected for the violation of this Chapter shall be paid over to Wolf Township.
2. In addition to the procedures set forth above, the Wolf Township Supervisors may also utilize the procedures set forth in §22-704.1 of this Chapter as enforcement remedies.
3. The court of common pleas, upon petition, may grant an order of stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
4. Nothing contained in this Section shall be construed or interpreted to grant to any person or entity other than the Wolf Township Supervisors, or their duly appointed agent, the right to commence any action for enforcement pursuant to this Section.
(Ord. 96-01-02, 1/2/1996, Article 7, §705)
§22-707 Fee Schedule.
1. Township Fees. All plan processing, improvement design review and inspection fees shall be paid to Wolf Township. Such fees shall be as defined below and shall be designed to cover reasonable and necessary costs associated with processing and evaluating subdivision and land development plans, reviewing proposed designs for site improvements, and conducting inspections of improvement construction and installations required by this Chapter. The Board of Supervisors may, from time to time, adopt a resolution establishing a fee schedule to establish or amend the amount of any fees provided for under this Section in addition to establishing the amount of any escrow deposit required under this Section. [Ord. 2015-02]
A. Municipal Plan Processing Fees. Fees for the processing and evaluating of preliminary and final subdivision and land development plans shall be established by resolution of the Wolf Township Board of Supervisors. Such fees shall be reasonable and shall include all municipal review and processing charges. These fees shall accompany the submission of plans to the Township and shall be nonrefundable. [Ord. 2004-1]
B. Improvement Design Review Fees.
(1) The applicant shall reimburse the Township for all reasonable and necessary charges by the Township Engineer and/or consultant for review of site improvement or development designs. Such engineering and/or consulting fees shall be in accordance with the ordinary and customary charges by the engineer or consultant for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the Township when fees are not reimbursed or otherwise imposed on applicants. [Ord. 2015-02]
(2) Any engineering review fees reimbursable to the Township shall be prepaid by the applicant into escrow at the time of plan submittal to be held by the Township and drawn upon by the Township as cost for engineering review of the plans are accrued. [Ord. 2015-02]
(3) When the amount of the initial escrow deposit required under subsection (2) above falls below an appropriate minimum amount as established by the Township, the applicant shall be notified by the Township Secretary to deposit sufficient additional escrow funds to bring the balance of the escrow account up to an amount equal to the initial deposit. Until the amount is reestablished, review of the plan shall cease. Upon final approval of the plans, any unused portion of deposited escrow funds shall be returned to the applicant upon written request. [Ord. 2015-02]
(4) In the event the applicant disputes the amount of such design review fees, the procedure for resolution of such disputes contained in §503(1) of the Pennsylvania Municipalities Planning Code, 53 P.S. §10503(1), as amended or as may hereinafter be additionally amended, shall be applied. [Ord. 2015-02]
(5) Improvement Inspection Fees.
(a) Where site improvements are required by the Township Supervisors to be installed as a condition of final approval of a subdivision or land development plan, said improvements must be inspected by the Township Engineer in accordance with the procedure set forth in §22-305.3 of this Chapter upon their completion. The applicant shall reimburse the Township for the reasonable and, necessary expense incurred for the inspection of such improvements. Such expense shall be in accordance with the ordinary and customary fees charged by the Township Engineer for work performed for similar services in the community, but in no event shall the fees exceed the rate or cost charged by the engineer to the Township when fees are not reimbursed or otherwise imposed on applicants. These fees shall be paid to the Township prior to the approval of a final plan or prior to the release of a performance or improvement guarantee.
(b) In the event the applicant disputes the amount of such inspection fee, the procedure for the resolution of such disputes contained in §510(g) of the Pennsylvania Municipalities Planning Code, 53 P.S. §10510(g), as reenacted and amended in 1988, December 21, P.L. 1329, Act 170, and as further amended by Act 209 of 1990 and Act 131 of 1992, or as may hereafter be additionally amended, shall be applied.
2. County Plan Review Fees. Fees for County Planning Commission review of plans for proposed subdivision or land development located in Wolf Township shall be established by the Lycoming County Board of Commissioners. Applicants shall be responsible for assuming all costs associated with the County review of subdivision or land development plans, according to the fee schedule and procedure established by the County.
(Ord. 96-01-02, 1/2/1996, Article 7, §706; as amended by Ord. 2004-1, 3/8/2004; and by Ord. 2015-02, 5/11/2015, §2)