The Township may deny issuing to an applicant a municipal permit
if the applicant owns real property in any municipality in the Commonwealth
of Pennsylvania, including the Township, for which there exists on
the real property:
A. A final and unappealable tax, water, sewer, permit, or refuse collection
delinquency on account of the actions of the owner; or
B. A serious violation of state law or a code, and the owner has taken
no substantial steps to correct the violation within six months following
notification of the violation, and for which fines or other penalties
or a judgment to abate or correct were imposed by a Magisterial District
Judge (previously a District Justice) or municipal court, or a judgment
at law or in equity was imposed by a court of common pleas. However,
no denial shall be permitted on the basis of a property for which
the judgment, order or decree is subject to a stay or supersedeas
by an order of a court of competent jurisdiction or automatically
allowed by statute or rule of court until the stay or supersedeas
is lifted by the court or a higher court, or the stay or supersedeas
expires as otherwise provided by law. Where a stay or supersedeas
is in effect, the property owner shall so advise the Township.
The Township shall not deny a municipal permit to an applicant:
A. If the municipal permit is necessary to correct a violation of state
law or a code.
B. If the applicant's delinquency on taxes, water, sewer or refuse
collection charges is under appeal or otherwise contested through
a court or administrative process.
C. Where the property was inherited by will or intestacy.
In issuing a denial of a permit based on an applicant's
delinquency in real property taxes or municipal charges or for failure
to abate a serious violation of state law or a code on real property
that the applicant owns in this commonwealth, the Township or Board
shall indicate the street address, municipal corporation and county
in which the property is located, and the court and docket number
for each parcel cited as a basis for the denial. The denial shall
also state that the applicant may request a letter of compliance from
the appropriate state agency, municipality or school district, in
a form acceptable to the Township Solicitor.
A denial of a permit shall be subject to the provisions of 2
Pa.C.S.A. Chapter 5, Subchapter B (relating to practice and procedure
of local agencies), and Chapter 7, Subchapter B (relating to judicial
review of local agency action), or the Pennsylvania Municipalities
Planning Code, for denials subject to Act 90 of 2010 or this chapter.