[Ord. 5/3/1982, § 900]
The Township Secretary shall assign an application
number to all applications for preliminary plan and final plan approval.
All matters pertaining to such applications shall be filed in accordance
with the subdivision and/or land development application number. In
addition, the Township shall keep a record of its findings, decisions
and recommendations relative to all subdivision and/or land development
plans filed with the application for review. All such records shall
be public records.
[Ord. 5/3/1982, § 901]
Upon the filing of an application for preliminary
and final approval of a subdivision and/or land development plan,
the landowner or developer shall pay to the Township Secretary to
the use of the Township, such fees as the Board of Supervisors shall
from time to time provide by ordinance or resolution.
[Ord. 5/3/1982, § 902]
The landowner or developer shall pay to the
use of the Township, and upon invoice rendered by the Township, such
charges as shall be made by the Township Engineer or other Township
inspector for the field inspection of improvements in the subdivision
or land development; but in the event, owing to special or unusual
conditions, specialized or expert inspections, analyses or tests of
improvements shall be required, such inspections, analyses or tests
shall be performed by persons or firms selected by the Board of Supervisors,
and the fees and costs of such inspections, analyses or tests shall
be paid by the landowner or developer to the use of the Township upon
invoice rendered by the Township, in an amount equivalent to the actual
cost thereof to the Township.
[Ord. 5/3/1982, § 903]
The landowner or developer shall pay to the
use of the Township, and upon invoice rendered by the Township, the
actual cost of all fees incurred by the Township in the review of
all subdivision and/or land development plans by the Township Engineer,
Planning Consultant, Township Solicitor and such other professionals
as are engaged by the Township to review and evaluate subdivision
and land development plans. The need for such professional, and the
selection thereof, shall be determined solely by the Board of Supervisors.
[Ord. 5/3/1982, § 904]
The landowner or developer shall pay to the
use of the Township and upon invoice rendered by the Township, the
cost of performing all material tests determined by the Board of Supervisors
to be necessary or desirable in connection with the inspection or
approval of all subdivision and/or land development plans or improvements.
[Ord. 5/3/1982, § 905]
The landowner or developer shall pay to the
use of the Township, and upon invoice rendered by the Township, all
fees incurred by the Township in the preparation of the subdivision
and land development agreements, improvement and maintenance bonds,
escrow agreements and other instruments deemed necessary or desirable
by the Board of Supervisors in connection with subdivisions or land
developments.
[Ord. 5/3/1982, § 906; as added by Ord.
163-2010, 12/6/2010, § 2]
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. 5/3/1982, § 907; as added by Ord.
163-2010, 12/6/2010, § 2]
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 magisterial
district judge. 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 magisterial district judge
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 the 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 an action for enforcement pursuant to this section.
4. Magisterial district judges shall have initial jurisdiction
in proceedings brought under this section.