Township of East Bradford, PA Article VII Administration and Enforcement

§ 95-41 Enforcement; violations and penalties.

A. Enforcement.

(1) In addition to other remedies, the Board of Supervisors may institute and maintain appropriate actions at 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.

(2) 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 or land development 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:

(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 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.

B. Penalties. 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 the Township, pay a judgment of not more than $500, plus all court costs, including reasonable attorney fees incurred by the Township as result thereof. No judgment shall commence or be imposed or 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, 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 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 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 District Justice, and thereafter such day that a violation continues shall constitute a separate violation.

§ 95-42 Revision and amendment.

A. The Board may, from time to time, revise, modify and amend this chapter by appropriate action taken at a scheduled public hearing. The Board shall submit such modifications or amendments to the Township Planning Commission (unless such modifications or amendments have been prepared by the Township Planning Commission) and to the Chester County Planning Commission for review and recommendation at least 30 days prior to the hearing on the amendments or modifications.

B. Notice of the date, time and place of such a public meeting, together with a brief summary setting forth the principal provisions of the proposed revisions, modifications or amendments, shall be in accordance with Section 506 of the Pennsylvania Municipalities Planning Code.[1]

[1] Editor's Note: See 53 P.S. § 10506.

C. In the event that substantial amendments are made in the proposed ordinance or amendment, before voting on enactment the Board shall, at least 10 days prior to enactment, readvertise a brief summary, setting forth all the provisions in reasonable detail, together with a summary of the amendments.

D. Within 30 days after adoption, the Township shall forward a certified copy of any amendment to the Subdivision and Land Development Chapter to the Chester County Planning Commission.

§ 95-43 Relief from unnecessary hardship; waivers.

A. The Board of Supervisors may grant a modification of the requirements of one or more provisions of this chapter if, because of peculiar conditions pertaining to the land in question, literal compliance with the chapter will cause undue hardship or be unreasonable or if an alternative standard can be demonstrated to provide equal or better results. Further, the Board shall find that such modification will not be contrary to the public interest and that the purpose and intent of this chapter is observed.

B. Any request for modification shall be in writing and shall accompany and be a part of the application for development. The request shall state in full the grounds and facts of unreasonabless or hardship on which the request is based, the provision or provisions of this chapter involved and the minimum modification necessary.

C. The Board may refer the request for modification to the Township Planning Commission for advisory comments.

D. The applicant shall have the duty and burden of presenting evidence to the Board in support of and justifying the requested modifications and demonstrating that such modifications will not be contrary to the public interest and that the purpose and intent of this chapter is observed.

E. In granting modifications, the Board may impose such conditions as are reasonable and necessary to implement the objectives and purposes of the provision or provisions of this chapter being modified.

F. The Township Administrator shall keep a written record of all action taken on all requests for modifications.

G. The request for waiver shall not be granted if the effect of such waiver is to exceed maximum densities allowed pursuant to the East Bradford Township Zoning Ordinance.

[Added 11-8-2005 by Ord. No. 9-2005]

§ 95-44 Reconsideration.

Any applicant aggrieved by a finding, decision or recommendation of the Board may request and receive opportunity to appear before the Board, present additional relevant information and request reconsideration of the original finding, decision or recommendation.