The Kilbuck Township Board of Supervisors may from time to time revise, modify and amend this chapter by appropriate action in accordance with the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The filing fee shall be fixed by the Township Supervisors by resolution. Any additional cost of review, design, inspection, or maintenance by Township officials shall be borne by the applicant.
The Planning Commission shall maintain an accurate public record of all plans upon which it takes action and of its findings, decisions and recommendations in relation thereto.
In any case where the Planning Commission disapproves a subdivision or land development plan, any person aggrieved thereby may, within 30 days thereafter, appeal to the Court of Common Pleas of Allegheny County, Pennsylvania, in accordance with Article X-A of the Pennsylvania Municipalities Planning Code.
A. 
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.
B. 
The Township may refuse to issue any permit or grant any approval necessary to further improve or develop any real property in violation of this chapter or preceding regulations of the Township of Kilbuck. 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 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. 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 county may require compliance with the condition that would have been applicable to the property at the time the applicant acquired an interest in such real property.
A. 
Initial jurisdiction. The District Justice for Kilbuck Township shall have initial jurisdiction in proceedings brought under this section.
B. 
Judgment. 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 municipality, pay a judgment of not less than $100 and not more than $500, plus all court costs, including reasonable attorney fees incurred by the Township as a result thereof.[1]
(1) 
No judgment shall commence or be imposed, levied or be payable until the date of the determination of a violation by the District Justice.
(2) 
If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable rules of civil procedure.
(3) 
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 persons, partnership, or corporation violating this chapter to have believed that there was no such violation, in which event there shall be deemed to have only been 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Stay of judgment. 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.
D. 
Enforcement by Township. Nothing 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.
A. 
Conflict with public provisions. If any provision of this chapter imposes restrictions which are different from those imposed by any other applicable ordinance, regulation, or provision of law, the provision that is more restrictive or which imposes higher standards shall control.
B. 
Conflict with private provisions. If the requirements of this chapter are different from those contained in deed restrictions, covenants, or other private agreements, the requirements that are more restrictive or which impose higher standards shall govern, provided that the private provisions are otherwise lawful.[1]
[1]
Editor's Note: Appendix 1, Required Certifications, and Appendix 2, Standard Construction Details, which originally accompanied this ordinance, are on file in the Township offices.