A. 
Subdivision and land development control. It shall be unlawful for any person, firm, partnership, corporation, or any other legal entity or agent thereof owning, controlling or possessing any lot, tract, or parcel of land in the Borough to subdivide any lot, tract, or parcel of land, or exterior space by leasehold or other means, to conduct land development, or to lay out, construct, open or dedicate for public use or travel any street, sanitary or storm sewer drainage facility or other facility in connection therewith, for the common use of occupants of buildings located within the subdivision or land development, or erect any building(s) or improvements thereon, unless and until final plans of such subdivision or land development shall have been prepared and signed by and sealed by a professional engineer or land surveyor or landscape architect, as permitted by the Landscape Architects' Registration Law,[1] duly and currently registered in the State of Pennsylvania; signed by the record owners of the land, with said signatures notarized; submitted to and approved, in writing, thereon by the Tullytown Borough Council, reviewed and signed by the Bucks County Planning Commission, and recorded in the Bucks County Recorder of Deeds office in Doylestown, Pennsylvania; and the improvements required by the Council in connection therewith have either been constructed or the Council has been assured of proper completion by the deposit of funds or securities in escrow, sufficient to cover the cost of the required improvements, inspections, and fees as determined by the methods set forth by this chapter.
[1]
Editor's Note: See 63 P.S. § 901 et seq.
B. 
Sale of lots; issuance of building permits; erection of buildings.
(1) 
No lot in a subdivision may be sold, nor any improvement constructed thereon, and no permit to erect, alter, or repair any building upon land in a subdivision or land development may be issued unless and until the plan has received final approval and until the improvements required by the Borough Council in connection therewith have either been constructed or guaranteed as hereinafter provided.
(2) 
No building in a subdivision or land development depending on ingress and egress upon the improvement of any street or streets, herein provided for, shall be permitted to be occupied before improvements are substantially completed from an existing paved street to and across the front of the lot on which the building is located, and/or to a sufficient depth along the side of the lot to service any driveway, or parking spaces, or in the case of streets with insufficient width, until such widening of said street has been completed.
(3) 
No building without adequate water and sewer facilities shall be issued a permanent occupancy permit before such facilities are fully provided and operational and have the approval of the County Health Department and/or the Pennsylvania Department of Environmental Protection.
A. 
In addition to other remedies, the Borough 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 provided herein.
B. 
The Borough 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 of real property in violation in any ordinance adopted pursuant to the Pennsylvania Municipalities Planning Code,[1] Act 247, as amended.
(1) 
This authority to deny such a permit or approval shall apply to any of the following applicants:
(a) 
The owner of record at the time of such violation;
(b) 
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;
(c) 
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;
(d) 
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.
(2) 
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 such real property, the Borough may require compliance with the conditions that would have been applicable to the property at the time that the applicant acquired an interest in such property. The Borough shall have all of the remedies provided in the Pennsylvania Municipalities Planning Code, Sections 511 and 515.1,[2] to enforce compliance with the provisions of this chapter.
[2]
Editor's Note: See 53 P.S. § 10511 and 53 P.S. § 10515.1, respectively.
[1]
Editor's Note: See 53 P.S. § 10501.
C. 
Any owner, or agent of the owner, of any land located within a subdivision who sells, transfers or agrees to sell any land by reference to or exhibition of, or by other use of, a plan of a subdivision, before the same has been finally approved by the Borough Council, shall be subject to the sanctions and penalties hereafter set forth. Borough Council may also enjoin such transfer or sale or agreement by injunction in addition the penalties herein provided.
A. 
Any person, partnership or corporation who or which has violated the provisions of any subdivision or land development ordinance enacted under this chapter or prior enabling laws 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 be 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 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. The Borough shall have all of the enforcement actions provided in the Pennsylvania Municipalities Planning Code, Section 515.3,[1] to ensure compliance with the provisions of this chapter.
[1]
Editor's Note: See 53 P.S. § 10515.3.
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. 
The Borough shall have the sole right to commence actions of enforcement pursuant to this section.