This article outlines the procedures for enforcement
and amendment of this chapter, as well as procedures for challenges
and appeals of decisions rendered under this chapter.
A.
In interpreting and applying the provisions of this
chapter, they shall be held to be the minimum requirements for the
promotion of the health, safety and general welfare of the residents
of the Township.
B.
In interpreting the language of this chapter, to determine
the extent of the restriction upon the use of the property, the language
shall be interpreted, where doubt exists as to the intended meaning
of the language written and enacted by the governing body, in favor
of the property owner and against any implied extension of the restriction.
Amendments to this chapter shall become effective
only after a public hearing held pursuant to public notice in the
manner prescribed for enactment of a subdivision and land development
ordinance in the Pennsylvania Municipalities Planning Code, Act 247
of 1968, as reenacted and amended by Act 170 of 1988, and as subsequently
amended.
The provisions of this chapter are intended as minimum standards for the protection of the public health, safety and welfare. The Board of Supervisors may modify any mandatory provision of these regulations in accordance with the provisions of § 194-12.
The decision of the Board of Supervisors may
be appealed, as provided for in the Pennsylvania Municipalities Planning
Code, Act 247 of 1968, as reenacted and amended by Act 170 of 1988,
and as subsequently amended.
A.
The Township may impose fees and charges to recover
all costs incurred in the administration of this chapter. All fees
and charges shall be adopted by resolution or ordinance. These fees
shall include, but not be limited to, an application fee; fees for
the review of the plans, studies, financial security, and associated
documentation by the Township Engineer, Township Solicitor or other
professional consultant; fees for the inspection of improvements installed
in connection with development authorized by a plan; and fees for
the acceptance of dedication of improvements.
B.
Filing fees shall be reasonable and in accordance
with the ordinary and customary charges by the Township Engineer,
Township Solicitor, or consultant for similar service in the community.
In no event will these fees exceed the rate or cost charged by the
Township Engineer, Township Solicitor, or consultant to the municipality
when fees are not reimbursed or otherwise imposed on applicants.
C.
In the event the applicant disputes the amount of
any such filing fee, the applicant shall, within 14 days of the applicant's
receipt of the bill, notify the Board of Supervisors that such fees
are disputed, in which case the Township will not delay or disapprove
a subdivision or land development application due to the applicant's
request over disputed fees.
D.
In the event that the Township and the applicant cannot
agree on the amount of the fee which is reasonable and necessary,
then the applicant and the Township shall follow the procedure for
dispute resolution set forth in Section 510(g) of the Pennsylvania
Municipalities Planning Code, provided that the professionals resolving
such dispute shall be of the same profession or discipline as the
consultants whose fees are being disputed.
Any person, partnership or corporation, or the members of such partnership, or the officers of such corporation, who or which, being the owner or agent of the owner of any lot, tract or parcel of land, shall lay out, construct, open and/or dedicate any street, sanitary sewer, storm sewer, water main or other improvement for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon; or sell, transfer or agree or enter into an agreement to sell or transfer any land in a subdivision or land development, whether by reference to, or by use of, a plan of such subdivision or land development or otherwise; or erect any building or buildings which constitute a land development thereon; or commence site grading or construction of improvements before recording of a final plan, unless such grading or construction is for the sole purpose of installing improvements, as prescribed in § 194-19; unless, and until, a final plan has been prepared in full compliance with the provisions of this chapter, and has been recorded as provided herein, or who, or which, in any other way is in violation of or violates any of the provisions of this chapter, shall be subject to the penalties and remedies set forth in § 194-84.
A.
Magisterial District Judges shall have initial jurisdiction
in proceedings brought under this chapter.
B.
In addition to other remedies, the Township 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.
C.
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 authority to deny
such a permit or approval shall apply to any of the following:
(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 violation without
regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
D.
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.
E.
Any person, partnership or corporation who, or which,
has violated the provisions of this chapter, upon being found liable
thereof in a civil enforcement proceeding commenced by the Township,
must 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.
F.
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.
G.
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity, other than the Township,
the right to commence any action for enforcement pursuant to this
section.
H.
No person shall proceed with any site grading or construction of improvements prior to recordation of a final plan, unless such grading or construction is for the sole purpose of installing the public improvements, as prescribed in § 194-19.
I.
No deeds shall be executed or recorded for lots, nor
shall the construction of any structure be initiated, before the Board
of Supervisors has approved the final plan, and such plan is recorded
with the office of the Lancaster County Recorder of Deeds.
The Township shall keep an accurate, public
record of its findings, decisions and recommendations relevant to
all applications filed with it for review or approval.
Whenever there is a difference between the standards
specified herein and those included in other applicable regulations,
the more stringent requirement shall apply.
The Subdivision and Land Development Ordinance
of the Township of East Cocalico, as adopted on November 21, 1990,
and as subsequently amended, is hereby repealed in total; provided,
however, that this repeal shall in no manner be construed as a waiver,
release or relinquishment of the right to initiate, pursue, or prosecute,
as the case may be, any proceeding at law or in equity pertaining
to any act done which would have constituted a violation of the Subdivision
and Land Development Ordinance of 1990, as amended. All provisions
of the Subdivision and Land Development Ordinance of 1990, as amended,
shall remain in full force and effect, and are not repealed hereby,
as they pertain to such acts, and to the processing of such plans
filed prior to the effective date of this chapter which are protected
from the effect of intervening ordinances by Section 508(4) of the
Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508.
An approval issued in violation of the provisions
of the chapter is void without the necessity of any proceedings for
revocation. Any work undertaken pursuant to such an approval is unlawful.
No action may be taken by a board, agency, or employee of the Township
purporting to validate such a violation.
The developer shall be responsible for observing
the procedures established in this chapter and for submitting all
plans and documents as may be required.
This chapter shall not affect any act done,
or any offense committed, prior to its effective date nor affect any
action to enforce any prior ordinance or to punish any offense against
a prior ordinance.
[Added 10-1-2008 by Ord. No. 2008-04]
In order to ensure that the review processes and administration
of this Subdivision and Land Development Ordinance are accomplished
in a manner that is readily accessible to all citizens of the Township,
any information and/or plans submitted associated with any application,
permit, petition, appeal or any other request shall be provided in
a form that is reproducible, without restriction, by any and all interested
parties and/or the general public.
