A. 
The Board of Supervisors shall have the duty and authority for the administration and general enforcement of the provisions of this chapter, as specified or implied herein.
B. 
Officials of the Township having regulatory duties and authorities connected with, or pertinent to, the subdivision, use or development of land shall have duties and authorities for controlling enforcement of the provisions of this chapter, as specified or implied herein or in other ordinances of the Township.
[Amended 11-13-2001 by Ord. No. 106]
A. 
General requirement. In East Earl Township, no lot in a subdivision may be sold; no permit to erect, alter or repair any building in a subdivision or land development may be issued; and no building may be erected in a subdivision or land development unless a final subdivision or land development plan has been approved and signed by the East Earl Township Supervisors in accordance with the procedures for review outlined in Article III, hereof, and duly recorded in the office of the Lancaster County Recorder of Deeds. All improvements as required by the Board of Supervisors in conjunction with said subdivision or land development shall have been constructed or guaranteed as herein provided.
B. 
Preventative remedies.
(1) 
In addition to other remedies, the Township of East Earl 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 of East Earl 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 of East Earl 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.
C. 
Enforcement remedies.
(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 of East Earl, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys' fees incurred by the Township of East Earl 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 Justice. If the defendant neither pays nor timely appeals the judgment, the Township of East Earl 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 Justice 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 Magisterial 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 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 of East Earl the right to commence any action for enforcement pursuant to this section.
(4) 
Magisterial District Justices shall have initial jurisdiction in proceedings brought under this section.
D. 
The description of such lot or parcel by metes and bounds in instrument of transfer or other document uses, in the process of selling or transferring, shall not exempt the seller or transferor from such penalties, or from the remedies herein provided. The County may also enjoy such transfer or sale or agreement by action/or injunction brought in any court of equity jurisdiction, in addition to the penalty herein provided.
A. 
Application form. The Supervisors shall prescribe and make available to applicants a form upon which all applications for approval of subdivision and land development plans shall be made. (See Appendix 11.[1])
[1]
Editor's Note: Said appendix is on file in the Township offices.
B. 
Fee schedule. Every applicant shall, at the time of filing an application for review of a plan, pay to the Township of East Earl a basic filing fee as per a schedule adopted and subject to periodic amendment by the Supervisors.
C. 
Fees for expert review and testing. Every applicant shall, as part of this application for review of a plan, pay to the Township of East Earl such fees and expenses as said Township may be required to incur for the services of the Township Solicitor, Township Engineer, and, or inspector in investigation, for tests, reviews, and advice to the Township in relation to the plan. The applicant shall be billed for such services and shall pay the amount due within 45 days of such billing.
D. 
Lancaster County Planning Commission application and fee. Every applicant shall complete the form required for review by the Lancaster County Planning Commission and shall pay a fee as per a schedule adopted, and subject to periodic amendment by the Lancaster County Board of Commissioners. (See Appendix 15.[2])
[2]
Editor's Note: Said appendix is on file in the Township offices.
The Board of Supervisors may, from time to time, revise, modify and amend this chapter by appropriate action taken at a scheduled public meeting in accordance with § 10505 of the Act.
If any mandatory provisions of this chapter are shown by the applicant, to the satisfaction of the Board of Supervisors to be unreasonable and/or cause undue hardship as they may apply to the proposed subdivision or land development, the Board of Supervisors may grant a waiver to such applicant from such mandatory provisions so that substantial justice may be done and the public interest secured, provided that such modification will not have the effect of nullifying the intent and purpose of this chapter. In granting waivers and modifications, the Board may impose such conditions as will, in its judgement, secure substantially the objectives of the standards or requirements as modified.
The decision of the Board of Supervisors with respect to the approval or disapproval of plans may be appealed directly to the Court of Common Pleas by any party or officer or agency of the Township. Such appeal shall be filed not later than 30 days following the date of the decision being appealed.