These provisions shall be considered the minimum
requirements for the protection of the public welfare, and the Township
reserves the right to modify or to extend them as may be necessary
in the public interest.
Any subdivider aggrieved by a finding, decision
or recommendation of the Township Board of Commissioners may request
and receive opportunity to appear before the Township Board of Commissioners,
present additional relevant information and request reconsideration
of the original finding, decision or recommendation, upon written
request within 30 days of notification of the Board's decision.
Nothing herein contained shall be interpreted to permit any waiver of any of the requirements of the Tinicum Township building code or Chapter 395, Zoning, as each may have been amended or will from time to time be amended.
These subdivision regulations shall become effective
on December 18, 1978, and shall remain in force until modified, amended
or rescinded by the Board of Commissioners.
A.
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
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 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.
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 the Township
the right to commence any action for enforcement pursuant to this
section.
