Prohibited acts. It shall be a violation of this chapter for any person to perform or commence the following without first complying with all applicable provisions of this chapter:
A. 
Lay out, construct, open, transfer, and/or dedicate any street, sanitary sewer, storm sewer, water main or other improvement for public use, travel or other purposes when part of a subdivision or land development;
B. 
Sell, transfer or enter into an agreement to sell or transfer any land in or relating to a subdivision or land development;
C. 
Construct or erect any building or structure which constitutes a land development or which otherwise requires a land development or subdivision application; or
D. 
Commence site grading or site improvements associated with a land development or subdivision unless otherwise authorized by the Borough.
The Borough may enforce any security posted pursuant to this chapter for the construction of any required improvements which have not been constructed or installed in accordance with this chapter, the improvements agreement, or the conditions of approval. If the balance of the security is insufficient to pay the costs of installation, repair, or correction of the required improvements, the Borough may institute proceedings at law or in equity to recover sums spent or to otherwise secure the completion of the work.
Borough review and approval of an application or the subsequent observation and approval of required improvements shall not constitute land development on behalf of or by the Borough or otherwise cause the Borough to be engaged in the process of land development. By submitting an application under this chapter, the developer hereby agrees to indemnify, defend, and hold harmless the Borough and all its agents, servants, employees, officials and consultants of and from any and all claims, demands, causes of action or suits which arise out of or relate to the review, approval, construction or observation of the developer's application and required improvements.
Absent the receipt of a waiver approved by the Borough in accordance with this chapter, the developer shall comply with the requirements of this chapter, the conditions of approval, the improvements agreement and all applicable laws and regulations. The approval of an application or the construction of required improvements in violation of any of the above does not constitute a waiver or otherwise absolve the developer of responsibility for full compliance with all of the requirements relative to a subdivision or land development.
A. 
Fraudulent, misleading or materially inaccurate information. The approval of an application by the Borough based upon any fraudulent, misleading or materially inaccurate information shall be voidable at the sole discretion of the Borough.
B. 
Approvals in violation of ordinance. Notwithstanding approval of the application by the Borough, the developer shall not be relieved of the obligation to comply with all applicable ordinances, laws and regulations.
C. 
Remedies. Upon discovery of an erroneous approval under § 194-705A or B, the developer may be subject to the remedies contained in this article and the modification or revision of the approved application to correct the defect. Unless authorized by the Borough, processing of the application or performance of work thereunder shall cease.
A. 
Appropriate actions authorized.
(1) 
In addition to any other available remedies, the Borough may institute and maintain appropriate actions at law or in equity to:
(a) 
Restrain, correct, or abate violations;
(b) 
Prevent unlawful construction;
(c) 
Recover damages, including but not limited to court costs and attorney fees; and
(d) 
Prevent illegal occupancy of a building, structure, or premises.
(2) 
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 Borough may refuse to issue any permit, refuse to issue an approval, or revoke a permit or an approval that is 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 Article 5 of the MPC. This authority to deny or revoke such a permit or revoke 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; and
(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. 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 Borough 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 shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough 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 Borough 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. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this section.
D. 
District Justices shall have initial jurisdiction in proceedings brought under § 194-703 of this chapter.
Remedies available to the Borough as set forth in this chapter shall not be deemed to be exclusive and, in addition to such remedies, the Borough shall have available all other appropriate remedies at law or in equity.
The provisions of this chapter are severable, and should any article, section, subsection, paragraph, clause, phrase, or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such determination shall not affect the validity of the chapter as a whole or any part or provision thereof, other than the part so declared to be invalid.
The Subdivision and Land Development Ordinance of the Borough of New Freedom, Ordinance of 1992, as enacted and ordained on November 23, 1992, and as subsequently amended, is hereby repealed in it's entirety; provided, however, this repeal shall in no manner be construed as a waiver, release or relinquishment of the right to initiate, pursue, or prosecute, as the case may be, any proceeding at law or in equity pertaining to any act done which constitutes or would have constituted a violation of that ordinance. Except as otherwise provided in the MPC, the provisions the Subdivision and Land Development Ordinance of the Borough of New Freedom, Ordinance of 1992, as amended, shall remain in full force and effect and are not repealed with respect to applications filed prior to the effective date of this chapter.
This Subdivision and Land Development Ordinance shall become effective five calendar days after its enactment by the Borough Council of New Freedom, County of York, Commonwealth of Pennsylvania.