[Amended 9-17-1990 by Ord. No. 235-90]
A.
In the event that any improvements required by any final plan approval
have not been installed and completed as provided in this chapter
or in accord with the approved final plan, the developer shall be
in default, and the Supervisors shall enforce any corporate bond,
financial security agreement or other security by any appropriate
legal or equitable remedies. Upon the Supervisor's written notice
of default to the financial institution posting the financial security
or corporate bond guaranteeing installation, construction and completion
of any required improvement or maintenance thereof, said financial
institution shall forthwith pay over to the Township any amount or
amounts demanded by the Township comprising the bond or financial
security. If the proceeds of any corporate bond or other financial
security are insufficient to pay the costs of installing or making
repairs or corrections to all of the improvements covered by the security,
the Supervisors may, at their option, install all or part of the improvements
in all or part of the subdivision or land development and may institute
appropriate legal or equitable actions to recover the monies necessary
to complete the remainder of these improvements, including proceeding
against the developer on the developer's bond. All of the proceeds,
whether resulting from the security or from any legal or equitable
action brought against the developer, or both, shall be used solely
for the installation of the improvements covered by such security
and the recovery of all court costs and legal fees incurred by the
Township in any such action or actions.
B.
In addition to other remedies, the Township may institute and maintain
appropriate actions at law or in equity to restrain, correct or abate
violations of this chapter, to prevent unlawful construction, to recover
damages and to prevent illegal occupancy of a building, structure
or premises.
[Amended 6-2-2014 by Ord.
No. 422-14]
C.
The Township may refuse to issue any permit or grant any approval necessary to further improve or develop any real property within a subdivision or land development which has been developed or which has resulted from a subdivision or land development of real property in violation of this chapter or any ordinance adopted pursuant to MPC Article V.[1] This authority to deny such permit or approval shall apply
to any of the following:
(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 has 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 the violation, without regard
as to whether such vendee or lessee had actual or constructive knowledge
of the violation.
(5)
The
description by metes and bounds in the instrument of transfer or other
documents used in the process of selling or transferring lots or parcels
of ground in any subdivision or land development shall not exempt
the seller or transferor from any such penalties or from the remedies
herein provided for.
[Added 6-2-2014 by Ord.
No. 422-14]
[1]
Editor's Note: See 53 P.S. § 10501 et seq.
D.
As an additional condition for the issuance of a permit or the granting
of an approval to any owner, current owner, vendee or lessee described
in the preceding subsection for any such property, the Township shall
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.
[Amended 8-18-1980 by Ord. No. 164-80; 9-17-1990 by Ord. No.
235-90]
The Supervisors shall establish by resolution a schedule of
application fees and a collection procedure for all fees and costs
required to be paid by an applicant or developer when submitting an
application for subdivision or land development under the provisions
of this chapter.
[Amended 9-17-1990 by Ord. No. 235-90[1]]
The Supervisors may grant a modification of one or more of the
requirements of this chapter if the literal enforcement thereof will
exact undue hardship upon the developer because of peculiar conditions
pertaining to the land which is the subject of the application. The
granting of such modification shall be discretionary with the Supervisors,
who must be satisfied that the undue hardship results from the circumstances
described in MPC Section 910.2(a),[2] will not be detrimental or contrary to the public interest
and welfare, and will not be contrary to the purposes and intent of
this chapter. All requests for modification shall be in writing and
must accompany and be a part of the application for preliminary subdivision
or land development. Such request shall state in full the grounds
and facts of unreasonableness or hardship upon which the request is
based, cite the provision or provisions of this chapter involved,
and describe the minimum requested modification, and the Planning
Commission shall recommend action to the Supervisors. The Supervisors
shall keep a written record of their action with respect to any such
request, but the failure of the Supervisors to act on any such request
shall not result in a deemed approval thereof.
