A.
The Board of Supervisors shall have the duty and authority
to administer and generally enforce the provisions of this chapter,
as specified or implied herein. Officials of the Township having regulatory
duties and authorities connected with, or pertinent to, the subdivision,
use or development of land shall have the duties and authorities to
control and enforce the provisions of this chapter, as specified or
implied herein or in other ordinances of the Township.
B.
The Township Building Permit Officer shall require
that applications for building permits contain all the information
necessary for him to ascertain that, and he shall not issue any building
permit until he determines that, the site and plan for the proposed
improvement or development does not violate the provisions of this
chapter. The Township Sewage Enforcement Officer shall require that
applications for sewage disposal system permits contain all the information
for him to ascertain that, and he shall not issue any sewage disposal
permits until he determines that, the site for the proposed system
complies with the provisions of this chapter.
C.
The Township may refuse to issue any permit or grant
any approval necessary to further improve or develop any land which
has been developed or which has resulted from a subdivision of land
in violation of the provisions 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 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 the issuance of a permit
or the granting of an approval to any such owner, current owner, vendee
or lessee for the development of such property, the Township may require
compliance with the conditions that would have been applicable to
the land at the time the applicant acquired an interest in such land.
[Amended 8-21-2003 by Ord. No. 2003-5]
Any person, partnership or corporation who or
which being owner or agent of the owner of any lot, tract or parcel
of land, shall lay out, construct, open or dedicate any street, sanitary
sewer, storm sewer, water main or other improvements for public use,
travel or other purposes or for the common use of occupants of buildings
abutting thereon, or who sells, transfers or agrees, or enters into
an agreement to sell any land in a subdivision or land development
whether by reference to, or by other use of, a plat of such subdivision
or land development or otherwise, or erect any building thereon, unless
and until a final plan has been prepared in full compliance with the
provisions of this chapter and of the regulations adopted hereunder
and has been recorded as provided herein, 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's fees incurred by the municipality
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of the 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 there has been a violation further determines there was
a good faith basis for the person, partnership or corporation violation
this 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 (5th) 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. Imprisonment
shall not be authorized under this chapter.
In addition to the other remedies, the municipality
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.
The decision of the Board of Supervisors with
respect to the approval of plans may be appealed to any court by any
party or any officer or agent of the developer. Such appeal shall
be filed not later than 30 days following the date of the decision
from which the appeal is taken.
