This article outlines the procedures for enforcement and amendment
of this chapter, as well as procedures for challenges and appeals
of decisions rendered under this chapter.
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 or enters 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 such is in full compliance
with the provisions of this chapter as provided herein, shall, upon
being found in violation of the requirements of this chapter by a
District Justice in a civil enforcement proceeding, pay a judgment
not exceeding $500, plus all court costs, including reasonable attorney
fees incurred by East Petersburg Borough.
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 transferer from such penalties or from the
remedies therein provided.
A. Authority to initiate court actions. In addition to the penalties
imposed in the event of violations, East Petersburg Borough may also
institute and maintain appropriate legal proceedings in law or in
equity before any court of competent jurisdiction to restrain, correct
or abate violations, including, but not limited to, requiring compliance
with all applicable provisions of the chapter, including the requirement
of submitting the plans in compliance with the provisions of this
chapter to prevent unlawful construction, to recover damages, including
all fees and costs of East Petersburg Borough, including reasonable
attorney's fees, and to prevent illegal occupancy of a building,
structure or premises.
B. Recordation prohibited prior to Commission approval. No deeds shall
be executed or recorded for lots, nor shall the construction of any
structure be initiated, before East Petersburg Borough has approved
the final plan and such plan is filed with the Lancaster County Recorder
of Deeds.
C. Notice of violation. Upon discovery of an alleged violation, East
Petersburg Borough may, pursuant to Section 515.1 of the Pennsylvania
Municipalities Planning Code, as subsequently amended, refuse to issue any permit or
grant any approval necessary to further improve or develop any real
property held in violation of the requirements of this chapter.
D. Abatement of violations. No approval shall be granted to any subsequent
phases of a development until all outstanding violations are abated
and the project is in full compliance with the standards and conditions
of this chapter.
East Petersburg Borough shall keep an accurate, public record
of its findings, decisions, and recommendations relevant to all applications
filed with it for review or approval.
Should any section, subsection or provision of this chapter
be declared by a court of competent jurisdiction to be invalid, such
decisions shall not affect the validity of the chapter as a whole
or of any other part thereof.