A.
No subdivision or land development of any lot, tract or parcel of
land shall be made, and no street, sanitary sewer, storm sewer, water
main or other improvements in connection therewith shall be laid out,
constructed, opened or dedicated for public use or travel, or for
the common use of occupants of buildings abutting thereon, except
in accordance with this chapter. Per Pennsylvania Municipalities Planning
Code Section 515.2, Jurisdiction,[1] District Justices shall have initial jurisdiction in proceedings
brought under this section.
[1]
Editor's Note: See 53 P.S. § 10515.2.
B.
Any such person, partnership or corporation, including the members
of such partnership or the officers of the corporation, or the agent
of any of them, responsible in law or in fact for such violation,
upon being found liable thereof in a civil enforcement proceeding
commenced by Shaler Township, must pay a judgment of not more than
$500 plus all court costs, including reasonable attorney fees, incurred
by the Township as a result thereof. Each day that a violation continues
shall be a separate violation.
C.
No judgment shall commence or be imposed or payable until the District
Justice having jurisdiction determines the date of violation.
D.
If the defendant neither pays nor timely appeals the judgment, the
Township shall enforce the judgment pursuant to the rules of civil
procedure.
E.
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.
F.
Any fines or judgments collected shall be deposited in the Township's
general fund.
A.
In addition to other remedies, the Township may institute and maintain
appropriate actions by law or in equity to restrain, correct or abate
violations or to prevent illegal occupancy of a building, structure
or premises. A 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.
B.
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:
(1)
The landowner of record at the time of such violation.
(2)
The vendee or lessee of the landowner 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.
(3)
The current landowner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
landowner had actual or constructive knowledge of the violation.
(4)
The vendee or lessee of the current landowner 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.
