[Ord. 100-1995, 7/3/1995, § 20.30]
1.
The Township Supervisors or their duly appointed representatives
shall have the duty and authority for the administration and general
enforcement of the provisions of this chapter, as specified herein.
Permits required by the Township for the erection or alteration of
buildings, the installation of sewage disposal systems or for other
pertinent improvements to or use of the land shall not be issued by
any municipal official unless in accordance with the procedures specified
herein.
2.
Fees. The Supervisors may establish, by resolution, a schedule of
fees and a collection procedure for review and inspection of all applications
for approval of a subdivision or land development plan.
3.
The owner or subdivider making application for review of a preliminary
subdivision plan or final subdivision plan shall execute an agreement
with the Township of Spring. The agreement shall provide that the
owner or subdivider shall reimburse the Township for the actual cost
of all fees and expenses for engineering services that the Township
may incur with the review of the plan for land subdivision submitted
by the owner or subdivider, on-site inspection of the development
or improved roadways, cost of test core samples which will be taken
to ascertain compliance with thickness and compaction requirements
of improved roadways to be accepted by the Township. Any additional
expenses incurred and authorized by the Township Supervisors and deemed
necessary for on-site investigations shall be paid the owner or subdivider.
[Ord. 100-1995, 7/3/1995, § 20.31; as amended by
Ord. 09-00, 10/2/2000]
1.
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 district justice. 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 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.
2.
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.
3.
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.
4.
District justices shall have initial jurisdiction in proceedings
brought under this section.
[Ord. 100-1995, 7/3/1995, § 20.31; as amended by
Ord. 09-00, 10/2/2000]
1.
In addition to other remedies, the Township 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 herein provided.
2.
The Township 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. 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.
3.
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 Township 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.
[Ord. 100-1995, 7/3/1995, § 20.32]
Provisions of this chapter may, from time to time, be amended
through action of the Supervisors in the manner provided by Article
V of the Pennsylvania Municipalities Planning Code, as amended.
