Application Fees and Deposits. The Board of Supervisors shall establish,
from time to time by resolution, application fees and deposits to
be paid by the applicant/developer at the time of filing the relevant
application under this chapter.
Review Fees and Expenses. The applicant/developer shall reimburse
the Township for all fees and expenses incurred by the Township related
to a subdivision and/or land development and/or the review of any
application under this chapter, including, but not limited to, the
reasonable and necessary charges by the Township's professional consultants,
the Township Engineer and/or the Township Solicitor for review and
report on an application, subdivision and/or land development under
this chapter and the inspection of improvements related thereto.
Disputes. Any disputes as to fees and expenses shall be resolved
in accordance with the MPC.
[Ord. 657, 4/9/2015]
All appeals from decisions of the Board of Supervisors in the
administration of this chapter shall be made in accordance with the
provisions of the MPC.
Any person, partnership, or corporation who or which has violated
or permitted the violation of the provisions of this chapter shall,
upon being found liable therefore 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 be payable until the date of the determination of a violation
by the magisterial district judge. If the defendant neither pays nor
appeals the judgment in a timely manner, 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
5th day following the date of the determination of a violation by
the magisterial district judge, and thereafter, each day that a violation
continues shall constitute a separate violation. All judgments, costs
and reasonable attorney fees collected for the violation of this chapter
shall be paid over to the Township Treasurer. A civil enforcement
proceeding may be initiated by the Zoning Officer without prior consent
of the Board of Supervisors.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
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.
In addition to other remedies, the Township may institute and maintain
appropriate actions at 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.
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 consolidated 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:
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.
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.
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.
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.