Section 501 of the Pennsylvania Municipalities Planning Code (Act 247),[1] as amended, provides that Lower Makefield Township may regulate subdivision and land development within the Township by enacting a subdivision and land development ordinance.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
This chapter requires that all plans for the subdivision or development of land lying within Lower Makefield Township be submitted for approval to the Lower Makefield Township Board of Supervisors. Further, all such plans shall be reviewed by the Lower Makefield Township Planning Commission in accordance with procedures set forth in this chapter prior to submission to the Board of Supervisors.
The provisions of this chapter shall be held to be minimum requirements to meet the purposes stated herein. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall prevail. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than those of this chapter, the provisions of such statute, ordinance or regulation shall prevail.
The Bucks County Planning Commission is empowered under Section 502 of the Pennsylvania Municipalities Planning Code (Act 247)[1] to review and report on each subdivision or land development plan before local approval and recording, as required by law. The submission of plans to the Bucks County Planning Commission for review and report shall be as provided in this chapter. After consideration of the county report, the Planning Commission and the Board of Supervisors may proceed to preliminary and final action.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
It shall be unlawful for the owner or any other person, firm or corporation owning or controlling any land in the Township to initiate a land development or subdivide any lot, tract or parcel of land or to lay out, construct, open or dedicate for public use or travel any street, sanitary or storm sewer drainage facility or other facility in connection therewith for the common use of occupants of buildings located within the subdivision or land development, unless final plans of such subdivision or land development shall have been prepared and signed by and sealed by a professional engineer or land surveyor or landscape architect, as permitted by the Landscape Architects' Registration Law,[1] duly and currently registered in the State of Pennsylvania; submitted to and approved, in writing, thereon by the Lower Makefield Township Supervisors and recorded in the Bucks County Recorder of Deeds Office in Doylestown, Pennsylvania; and the improvements required by the Board of Supervisors in connection therewith have either been constructed or the Board of Supervisors has been assured of proper completion by the deposit of funds or securities in escrow, sufficient to cover the cost of the required improvements and inspections as determined by the methods set forth by this chapter.
[1]
Editor's Note: See 63 P.S. § 901 et seq.
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 provided herein.
B. 
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 any ordinance adopted pursuant to the Pennsylvania Municipalities Planning Code, Act 247, as amended.[1] This authority to deny such a permit or approval shall apply to any of the following applicants: the owner of record at the time of such violation; the vendee or lessee of the owner of record at the time of such violation without regard to whether such vendee or lessee had actual or constructive knowledge of the violation; 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; 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 such real property, the Township may require compliance with the conditions that would have been applicable to the property at the time that the applicant acquired an interest in such property.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Any persons, partnership or corporation who or which has violated the provisions of any subdivision or land development ordinance enacted under this act or prior enabling laws 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 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, 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 ordinance 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.
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.
C. 
The Township shall have the sole right to commence actions of enforcement pursuant to this section.