[Ord. 1997-1, 5/12/1997, § 801]
1.
The Board of Supervisors shall have the duty and authority for the
administration and general enforcement of the provisions of this Part,
as specified or implied herein.
2.
Officials of the Township having regulatory duties and authorities
connected with, or pertinent to, the subdivision, use or development
of land shall have duties and authorities for controlling enforcement
of the provisions of this Part, as specified or implied herein or
in other ordinances of the Township.
[Ord. 1997-1, 5/12/1997, § 802]
1.
General Requirements. No lot in a subdivision may be sold; no permit
to erect, alter, or repair any building in a subdivision or land development
may be issued; no building may be erected in a subdivision or land
development unless a final subdivision or land development plan has
been approved and signed by the East Nottingham Township Supervisors
in accordance with the procedures for review outlined in Part 3 hereof,
and duly recorded in the office of the Chester County Recorder of
Deeds. All improvements as required by the Board of Supervisors in
conjunction with said subdivision or land development shall have been
constructed or guaranteed as herein provided.
2.
Preventive Remedies.
A.
In addition to other remedies, East Nottingham Township shall 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 premise. 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.
East Nottingham Township shall 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. This 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 has 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 violation without regard as
to whether such vendee or lessee had actual or constructive knowledge
of the violation.
(5)
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, East Nottingham Township
shall 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.
3.
Enforcement Remedies.
A.
Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by East Nottingham Township,
pay a judgment of not more than $500 plus all court costs, including
reasonable attorney fees incurred by East Nottingham Township 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 judgment, East Nottingham 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 on 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, tolling the per diem judgment pending a final adjudication
of the violation and judgment.
[Ord. 1997-1, 5/12/1997, § 803]
Where, owing to special conditions, a literal enforcement of the provisions of this chapter would result in unnecessary hardships and the developer demonstrates to the satisfaction of the Board by legal, competent evidence that the proposed waiver would not be contrary to the public health, safety, morals and welfare and that the spirit and intent of this chapter and all other ordinances of the Township would be preserved, the Board of Supervisors, with or without public hearing, may, but shall not be required to, make such reasonable waivers from the terms of this chapter as may be necessary to alleviate the hardship and preserve the public interest and spirit and intent of this chapter and other related ordinances; provided, however, where relief is sought from a hardship created by another ordinance and that ordinance contains within it provisions for obtaining relief from that hardship (for example, the jurisdiction granted to the Zoning Hearing Board under the Zoning Ordinance [Chapter 27]), the Board of Supervisors shall not be construed to have been granted a power to grant relief or to exercise concurrent jurisdiction with boards of review created in such other ordinances; provided, further, that the burden of establishing the right to waiver shall be in all respects upon the applicant, In granting such waivers, the Board of Supervisors may impose such conditions as will in its judgement secure substantially the objectives of the standards or requirements so waived and preserve the integrity, spirit and intent of this chapter and the public health, safety and welfare.
[Ord. 1997-1, 5/12/1997, § 804]
The Board of Supervisors of East Nottingham Township may, from
time to time, revise, modify, amend or repeal this chapter in accordance
with the procedures established under the applicable provisions of
the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq.
[Ord. 1997-1, 5/12/1997, § 805]
The Board of Supervisors of East Nottingham Township, Chester
County, shall, by resolution, subsequently amend, modify, revise or
repeal a schedule of fee for the administration of this chapter and
the review of plans and applications submitted thereunder. The schedule
shall be available at the Township Office for public inspection during
ordinary business hours.
[Ord. 1997-1, 5/12/1997, § 806]
Any person aggrieved by any decision of the Board of Supervisors
with respect to the approval or disapproval of any application or
plan submitted thereunder or any conditions attached to any such approval
may appeal to the Court of Common Pleas of Chester County within the
time limits and in the manner provided in Article X of the Pennsylvania
Municipalities Planning Code, 53 P.S. § 11001 et seq., its
amendments and supplements.
[Ord. 1997-1, 5/12/1997, § 807]
District Magistrates shall have initial jurisdiction in proceedings
brought under § 515.3 of the Municipalities Planning Code.
