A. 
In addition to other remedies, the Township of Derry 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 which has been developed or which has resulted from a subdivision or real property in violation 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 violations.
C. 
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.
A. 
Any person, partnership or corporation who or which has violated the provisions of this chapter or prior subdivision and land development ordinances in effect at the time of the violation shall, upon being found liable therefor in a civil enforcement proceeding commenced by Derry 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 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 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 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. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than Derry Township the right to commence any action for enforcement pursuant to this chapter.
District justices shall have initial jurisdiction in proceedings brought under this chapter.
[Amended 8-27-2001 by Ord. No. 486]
A. 
From the time an application for approval of a plan, whether preliminary or final, is duly filed as provided in this chapter, and while such application is pending approval or disapproval, no change or amendment of Chapter 225, Zoning, this chapter or other governing ordinances shall affect the decision on such application adversely to the applicant and the applicant shall be entitled to a decision in accordance with the provisions of the governing ordinances or plans as they stood at the time the application was duly filed. In addition when a preliminary application has been duly approved, the applicant shall be entitled to final approval in accordance with the terms of the approved preliminary application as hereinafter provided. However, if an application is properly and finally denied, any subsequent application shall be subject to the intervening change in governing regulations.
B. 
When an application for approval of a plat, whether preliminary or final, has been approved without conditions or approved by the applicant's acceptance of conditions, no subsequent change or amendment in the zoning, subdivision or other governing ordinance or plan shall be applied to affect adversely the right of the applicant to commence and to complete any aspect of the approved development in accordance with the terms of such approval within five years from such approval. The five year period shall be extended for the duration of any litigation, including appeals, which prevent the commencement or completion of the development and for the duration of any sewer or utility moratorium or prohibition which was imposed subsequent to the filing of an application for preliminary approval of a plat. In the event of an appeal filed by any party from the approval or disapproval of a plat, the five year period shall be extended by the total time from the date the appeal was filed until a final order in such matter has been entered and all appeals have been concluded and any period for filing appeals or requests for consideration have expired; provided, however, no extension shall be based upon any water or sewer moratorium which was in effect as of the date of the filing of a preliminary application.
C. 
Where final approval is preceded by preliminary approval, the aforesaid five year period shall be counted from the date of the preliminary approval. In the case of any doubt as to the terms of a preliminary approval, the terms shall be construed in the light of the provisions of this chapter or the governing ordinances or plans as they stood at the time when the application for such approval was duly filed.
D. 
Where the landowner has substantially completed the required improvements as depicted upon the final plan within the aforesaid five year limit, or any extension thereof as may be granted by the Township of Derry, no change of any ordinance or plan enacted subsequent to the date of filing of the preliminary plan shall modify or revoke any aspect of the approved final plan pertaining to zoning classification or density, lot, building, street or utility location.
E. 
In case of a preliminary plan calling for the installation of improvements beyond the five year period, a schedule shall be filed by the landowner with the preliminary plan delineating all proposed sections as well as deadlines within which applications for final plan approval of each section are intended to be filed. Such schedule shall be updated annually by the applicant on or before the anniversary of the preliminary plan approval, until final plan approval of the final section has been granted. Any modification in the aforesaid schedule shall be subject to approval of the Board of Supervisors in its discretion.
F. 
Each section in any residential subdivision or land development, except for the last section, shall contain a minimum of 25% of the total number of dwelling units as depicted on the preliminary plan, unless a lesser percentage is approved by the Board of Supervisors in its discretion. Provided the landowner has not defaulted with regard to or violated any of the conditions of the preliminary plan approval, including compliance with landowner's aforesaid schedule of submission of final plans for the various sections, then the aforesaid protections afforded by substantially completing the improvements depicted upon the final plan within five years shall apply and for any section or sections, beyond the initial section, in which the required improvements have not been substantially completed within said five year period the aforesaid protections shall apply for an additional term or terms of three years from the date of final plan approval for each section.
G. 
Failure of landowner to adhere to the aforesaid schedule of submission of final plans for the various sections shall subject any such section to any and all changes in this chapter and other governing ordinance enacted by the Township of Derry subsequent to the date of the initial preliminary plan submission.
A. 
Upon the approval of a preliminary plan, final plan, or a master plan that is submitted in accordance with § 225-501.58 of Chapter 225, Zoning, the developer shall within 90 days of such final approval record such plan in the Office of the Recorder of Deeds of Dauphin County. The recorder of deeds shall not accept any plan for recording unless such plan officially notes the approval by the Board of Supervisors and review by the Township and County Planning Commissions.
[Amended 3-28-2017 by Ord. No. 684]
B. 
The recording of the plan shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject plan.
Amendments to this chapter shall become effective only after a public hearing held pursuant to public notice as defined herein and in accordance with the Pennsylvania Municipalities Planning Code of 1968, as amended, Act 247, Article V, § 505.
[Amended 1-26-2016 by Ord. No. 675]
The fees established in this chapter for review of the plans may be revised as deemed necessary by the Board of Supervisors by favorably acting on a resolution revising the existing fee schedules. Furthermore, the fees to be paid to the Dauphin County Planning Commission and the Derry Township Municipal Authority are subject to change by action of the Dauphin County Commissioners and the Derry Township Municipal Authority, respectively.