[Ord. 215, 5/18/2004, § 2.00]
1.
Subdivision and Land Development Control. It shall be unlawful for
the owner or any other person, firm or corporation owning or controlling
any land in the Township, to subdivide any lot, tract, parcel of land
or interior or exterior space by leasehold or other means, including
the creation of condominium units, or to lay out, construct, open
or dedicate for public use or travel, any street, sanitary or storm
sewer drainage facility or other facility in connection therewith,
for the common use of occupants of buildings located within the subdivision
or land development, unless final plans of such subdivision or land
development shall: (A) have been prepared and signed by and sealed
by a professional engineer or land surveyor or landscape architect,
as permitted by the Landscape Architects' Registration Law, 63 P.S.
§ 901 et seq., duly and currently registered in the State
of Pennsylvania; (B) submitted to and approved in writing thereon
by the Board of Supervisors subsequent to meeting the requirements
of sketch and preliminary submissions; (C) recorded in the Bucks County
Recorder of Deeds office in Doylestown, Pennsylvania; and (D) the
improvements required by the Township for plan approval have either
been constructed or proper completion of those improvements has by
deposit of funds or financial security sufficient to cover the cost
of improvements, inspections and legal fees.
2.
Before the approval of a plan, the Board of Supervisors shall transmit
a copy of the proposed plat to the Bucks County Planning Commission,
and give the commission 30 days in which to make a recommendation.
Pending the receipt and consideration of such report, the Board of
Supervisors shall defer action thereon, but if such report is not
received by the Board of Supervisors within 30 days from the submission
of the plan to the Bucks County Planning Commission, or within such
further time as may be agreed upon by the Board of Supervisors, the
Board of Supervisors may proceed to final action thereon.
[Ord. 215, 5/18/2004, § 2.01; as amended by A.O.]
1.
It shall be unlawful to record any subdivision plan in any public
office, unless the same shall bear thereon by endorsement or otherwise
the approval of the Board of Supervisors.
2.
The Township shall have all of the remedies provided in the Pennsylvania
Municipalities Planning Code to enforce compliance with the provisions
of this chapter including those remedies provided in §§ 511,
515.1 and 515.3 of the Pennsylvania Municipalities Planning Code,
53 P.S. §§ 10511, 10515.1, 10515.3, as same may, from
time to time, be revised.
3.
Any owner, or agent of the owner, of any land located within a subdivision,
who sells, transfers or agrees to sell, any land by reference to,
or exhibition of, or by other use of a plan of a subdivision, before
the same has been finally approved by the Board of Supervisors shall
be subject to the sanctions and penalties hereafter set forth. The
Board of Supervisors may also enjoin such transfer or sale or agreement
by injunction in addition to the penalties herein provided.
4.
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.
5.
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 (buyer) or lessee (renter) of the owner of record at the
time of such violation without regard as to whether such vendee (buyer)
or lessee (renter) 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 (buyer) or lessee (renter) of the current owner of record
who acquired the property subsequent to the time of violation without
regard as to whether such vendee (buyer) or lessee (renter) had actual
or constructive knowledge of the violation.
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As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee (buyer) or
lessee (renter) 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.
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7.
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
or other appropriate tribunal. 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 the ordinance 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 magisterial district judge
and thereafter each day that a violation continues shall constitute
a separate violation.
8.
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.
9.
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.
