[Ord. 2007-07, 12/11/2007, § 1]
1. The provisions of this Part shall be held to be minimum requirements
to meet the purposes of this chapter.
A. Where provisions of this chapter impose greater restrictions than
those of any statute, other ordinance or regulation, the provisions
of this chapter shall prevail.
B. Where provisions of any statute, other ordinance or regulation impose
greater restrictions than those of this chapter, the provisions of
such statute, ordinance or regulations shall prevail.
[Ord. 2007-07, 12/11/2007, § 1]
1. The Township Supervisors may amend, supplement or repeal any portion
of this chapter after adequate public notice and a public hearing.
B. Upon recommendation of the Planning Commission.
[Ord. 2007-07, 12/11/2007, § 1]
Nothing herein shall be construed in limitation of the applicant's
right to legally contest decisions of the Board of Supervisors with
respect to the approval or disapproval of subdivision or land development
plans.
[Ord. 2007-07, 12/11/2007, § 1]
1. It shall be the duty of the Zoning Officer; or,
A. Other such duly authorized representative of Manchester Township.
2. He is hereby given the power and authority to enforce the provisions
of this chapter.
3. The enforcement officer shall require that the application for a
building permit contain all information necessary:
A. To enable him to ascertain whether the proposed building, alteration
or use is located in an approved subdivision or land development.
B. No building permit shall be issued until the enforcement officer
has certified that the site for the proposed building, alteration
or use complies:
(1)
With all the provisions of this chapter; and,
(2)
Conforms to the site description as indicated on the approved
and recorded final plan.
[Ord. 2007-07, 12/11/2007, § 1]
1. In addition to other remedies, Manchester Township may institute
and maintain appropriate actions by law or in equity to:
D. To prevent unlawful construction.
F. To 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
land shall not exempt the seller or transferor from such penalties
or from the remedies provided in this chapter.
3. Manchester Township or its Zoning or Building Permit Officer 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 of this
chapter.
A. 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 the 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. 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 applicant shall
comply with the conditions that would have been applicable to the
property at the time he acquired an interest in the real property.
[Ord. 2007-07, 12/11/2007, § 1]
Nothing herein shall prevent the Board of Supervisors from taking
such other action necessary to prevent or remedy any violation.
[Ord. 2007-07, 12/11/2007, § 1]
1. Enforcement Notice.
A. If it appears to the Township that a violation of this chapter has
occurred:
(1)
The Township shall initiate enforcement proceedings by sending
an enforcement notice as provided in this section.
(a)
The enforcement notice shall be sent to:
2) If applicable, the owner of record of the parcel
on which the violation has occurred.
3) To any person who has filed a written request to
receive enforcement notices regarding that parcel.
4) To any other person requested in writing by the
owner of record.
(b)
An enforcement notice shall state at least the following:
1) The name of the violator.
2) If applicable, the owner of record and any other
person against whom the Township intends to take action.
3) The location of the violations and, if applicable,
the property in violation.
4) The specific location with description of the requirements
that have not been met.
5) Citing in each instance the applicable provision
of this chapter.
6) The date before which the steps for compliance must
be commenced and the date before which the steps must be completed.
7) That the recipient of the notice has the right to
file an appeal to the Board of Supervisors within a period of 10 days.
8) That failure to comply with the notice within the
time specified constitutes a violation, with possible sanctions clearly
described.
a)
Unless extended by appeal to the Board of Supervisors
2. Enforcement Remedies.
A. Any person, partnership or corporation who or which has violated
the provisions of this chapter shall:
(1)
Upon being found liable therefore in a civil enforcement proceeding
commenced by the Township.
(a)
Pay a judgment of not more than $500.
2) Plus reasonable attorney fees incurred by the Township
as a result thereof.
(2)
No judgment shall commence or be imposed, levied or payable
until the date of the determination of a violation by the district
justice.
(3)
If the defendant neither pays nor timely appeals the judgment:
(a)
The Township may enforce the judgment pursuant to the applicable
rules of civil procedure.
(4)
Each day that a violation continues shall constitute a separate
violation:
(a)
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.
1) In which event there shall be deemed to have been
only one such violation.
2) Until the fifth day following the date of the determination
of a violation by the district justice.
3) Thereafter each day that a violation continues shall
constitute a separate violation.
B. The court of common pleas, upon petition, may grant:
(1)
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.
D. District justices shall have initial jurisdiction in proceedings
brought under this section.