Township of Newlin, PA Article X Amendment, Administration, and Enforcement

§ 185-81 Purpose.

This article outlines the procedures for enforcement and amendment of this chapter, as well as procedures for challenges and appeals of decisions rendered under this chapter.

§ 185-82 Procedure; violations and penalties.

A. Amendment procedure. The Board of Supervisors may, from time to time, amend, supplement, change, modify, or repeal this chapter by the following process. The Board of Supervisors, by resolution, shall fix the time and place of a public hearing on the proposed amendment and give notice thereof as follows:

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

(1) By publishing a notice not more than 60 days nor less than seven days prior to the passage of the amendment.

(2) The notice shall state the time and place of the hearing and either the full text of the amendment or the title and a brief summary, prepared by the Township Solicitor and setting forth all the provisions in reasonable detail, according to the provisions of Section 506(a) of the Pennsylvania Municipalities Planning Code.[1]

[1] Editor's Note: See 53 P.S. § 10506(a).

(3) The Board of Supervisors shall submit the proposed amendment to the Chester County Planning Commission for recommendations not less than 30 days prior to the public hearing on the proposed amendment.

(4) Within 30 days after adoption of the amendment, the Board of Supervisors shall forward a certified copy of the amendment to the Chester County Planning Commission.

B. Referral to Township Planning Commission. In case of an amendment other than that prepared by the Township Planning Commission, the Board of Supervisors shall submit each such amendment to the Township Planning Commission for recommendations at least 30 days prior to the public hearing on the proposed amendment.

C. Publication, advertisement and availability of proposed amendments. Proposed amendments to this chapter shall follow the publishing, advertisement and availability requirements as specified in the Pennsylvania Municipalities Planning Code, as amended.

D. Challenges and appeals. Any person aggrieved by a finding, decision, or recommendation of the Board of Supervisors pursuant to the administration of this chapter may appeal any such action as provided for in Article IX of the Pennsylvania Municipalities Planning Code.

E. Mediation. As an alternative to an appeal proceeding, a party entitled to appeal a decision of the Board of Supervisors under the provisions of this chapter may request the use of mediation as an aid in resolving the dispute. Participation in mediation shall be voluntary by both parties, and shall be conducted as prescribed in Article IX of the Pennsylvania Municipalities Planning Code.

F. Enforcement. The Board of Supervisors is authorized to enforce the provisions of this chapter. The Board of Supervisors may institute and maintain appropriate legal proceedings in law or in equity to restrain, correct or abate violations, including, but not limited to, requiring compliance with the provisions of this chapter, to recover damages, and to prevent the illegal occupancy of a building, structure or premises.

G. Penalties.

(1) Imposition of penalties. 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 Board of Supervisors, pay a judgment of not more than $500, plus all court costs, including reasonable attorneys' fees incurred by the Board of Supervisors 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. If the defendant neither pays nor timely appeals the judgment, the Board of Supervisors 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 of 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 Judge, and thereafter each day that a violation continues shall constitute a separate violation.

(2) Legal actions. In case any building, structure, landscaping or land is, or is proposed to be, erected, constructed, reconstructed, altered, converted, maintained or used in violation of this chapter, the Board of Supervisors or, with the approval of the Board of Supervisors, an officer of the Township, or any aggrieved owner or tenant of real property who shows that his property or person will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding to prevent, restrain, correct or abate such building, structure, landscaping or land, or to prevent, in or about such premises, any act, conduct, business or use constituting a violation. When any such action is instituted by a landowner or tenant, notice of that action shall be served upon the Township at least 30 days prior to the time the action is begun by serving a copy of the complaint on the Board of Supervisors. No such action may be maintained until such notice has been given.

(3) Subsequent owners shall comply with regulations. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferor for such penalties or from the remedies herein provided.

H. Preventive remedies.

(1) Actions by law. In addition to other remedies, the Board of Supervisors 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.

(2) Refusal of permits for developments in violation of this chapter. The Board of Supervisors 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 or real property in violation of this chapter. The authority to deny such a permit 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 has 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 has 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) Compliance with antecedent conditions. 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 Board of Supervisors 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.

I. Abatement of violations prior to subsequent plan approvals. No approval shall be granted to any subsequent phase of a development until all outstanding violations are abated and the project is in full compliance with this chapter.