[Ord. 07-117, 11/13/2007, § 801]
1. The Board of Supervisors shall have the duty and authority for the
administration and general enforcement of the provisions of this chapter,
as specified or implied herein.
2. Officials of the Township having regulatory duties and authorities
connected with, or pertinent to, the subdivision, use or development
of land shall have the duties and authorities for the controlling
enforcement of the provisions of this chapter, as specified or implied
herein or in other ordinances of the Township.
3. Permits required by the Township for the erection or alteration of
buildings, the installation of sewers or sewage disposal systems,
or for other appurtenant improvements to, or use of, the land shall
not be issued by the Township official until it has been ascertained
that the site for such building, alteration, improvement or use is
located in a development approved and publicly recorded in accordance
with the provisions of this chapter.
4. Such permits shall be issued only after it has been determined that
the site for such building, alteration, improvement or use conforms
to the site description as indicated by the approved and recorded
final plan or other land description acceptable in accordance with
the provisions of this chapter, and that it is in compliance with
all applicable provisions of this chapter.
5. The Township building permit officer shall require that application
for building permits contain all the information necessary to ascertain
that, and shall not issue any building permit until it is determined
that, the site and plan for the proposed building, alteration or other
improvement is acceptable in accordance with the provisions of this
chapter.
6. The Township Sewage Enforcement Officer shall require that applications
for sewage disposal system permits contain all the information necessary
for him to ascertain that, and he shall not issue any sewage disposal
system permit until he determines that, the site for the proposed
system is acceptable in accordance with the provisions of this chapter.
7. A municipality 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 or real property
in violation of any ordinance adopted pursuant to this Part. 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.
8. 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 municipality 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. 07-117, 11/13/2007, § 802]
1. Any person, partnership, or corporation who or which being the owner
or agent of any lot, tract or parcel of land shall lay out, construct,
open or dedicate any street, sanitary sewer, storm sewer, water main
or other improvements for public use, travel or other purposes or
for the common use of occupants of buildings abutting thereon, or
who sells, transfers or agrees to enter into an agreement to sell
any land in a subdivision or land development whether by reference
to or by other use of a plat of such subdivision or land development
or erect any building thereon, unless and until a final plat has been
prepared in full compliance with the provisions of this chapter, shall
be guilty of a misdemeanor, and upon conviction thereof, such person,
or the members of such partnership, or the officers of such corporation,
or agent of any of them, responsible for such violation pay a fine
not exceeding $1,000 per lot or parcel or per dwelling within each
lot or parcel, but in no event shall the fine be less than $100. All
fines collected for such violations shall be paid over to Cumberland
Township.
2. The description by metes and bounds in the instrument of transfer
or other document used in the process of selling or transferring shall
not exempt the seller or transfer or from such penalties or from the
remedies herein provided.
3. The Board of Supervisors may initiate and maintain civil action to
obtain a writ of injunction against the owner or agency who is in
violation of any provision of this chapter, or who attempts the improper
sale or conveyances of land; and in proper cases to set aside and
invalidate any conveyances or agreements to convey land made prior
to final plan approval of any subdivision or land development.
4. Nothing herein shall prevent the Board of Supervisors from taking
such other action necessary to prevent or remedy any violation.
A. Duly authorized representatives of Cumberland Township have the right
to enter private property at reasonable times to investigate any condition
associated with this chapter.
B. Any person who violates any of the provisions of this chapter shall,
upon being found liable therefore in civil enforcement proceedings
commenced by Cumberland Township, shall be subject to a fine not exceeding
$1,000, plus all court costs, including reasonable attorney fees incurred
by Cumberland Township.
C. Upon discovery of any violation of this chapter, Cumberland Township
may, at its option, forgo any prosecution hereunder, and may grant
to the owner a period of seven calendar days to comply with the provisions
of this chapter. Upon failure of the owner to effect such compliance,
the Township may initiate prosecution as hereinabove set forth.
5. In addition to other remedies, the municipality 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.
[Ord. 07-117, 11/13/2007, § 803]
Decisions made by the Township may be appealed in accordance
with the Pennsylvania Municipalities Planning Code, 53 P.S. § 10101
et seq.