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.
A. 
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety and general welfare of the residents of the Township.
B. 
In interpreting the language of this chapter, to determine the extent of the restriction upon the use of the property, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by the governing body in favor of the property owner and against any implied extension of the restriction.
Amendments to this chapter shall become effective only after a public hearing held pursuant to public notice in the manner prescribed for enactment of a subdivision and land development ordinance in the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as reenacted and amended by Act 170 of 1988, and as subsequently amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The provision of this chapter are intended as minimum standards for the protection of the public health, safety and welfare. The Board of Supervisors may modify any mandatory provision of these regulations in accordance with the provisions of § 435-16.
The decision of the Board of Supervisors may be appealed, as provided for in the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as reenacted and amended by Act 170 of 1988, and as subsequently amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
The Township may impose fees and charges to recover all costs incurred in the administration of this chapter. All fees and charges shall be adopted by ordinance or resolution. These fees and charges shall include, but not necessarily limited to, the following: application fees; fees for the review of sketch plans, preliminary plans, final plans, studies, financial security and associated documentation by the Township Engineer, Township Solicitor or other professional consultants; fees for the inspection of improvements installed in connection with development authorized by any plan; fees for the acceptance of dedication of improvements.
B. 
The applicant shall pay all profession consultant's review fees as follows:
(1) 
The Board of Supervisors shall establish, by ordinance or resolution, a schedule of review fees to be paid by the applicant at the time of filing of the sketch, preliminary and final plans, and any other plans or submissions required by this chapter. Review fees shall include reasonable and necessary charges by the Township's professional consultants for review and report thereon to the Township. Such review fees shall be reasonable and in accordance with the ordinary and customary charges for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the professional consultant for comparable services to the Township for services which are not reimbursed or otherwise imposed on applicants. Fees charged to the Township relating to any appeal of a decision on an application shall not be considered review fees and may not be charged to an applicant.
(2) 
The Board of Supervisors shall submit to the applicant an itemized bill showing work performed, identifying the person performing the services and the time and date spent for each task. Nothing in this subsection shall prohibit interim itemized billing or municipal escrow or other security requirements. In the event the applicant disputes the amount of any such review fees, the applicant shall, no later than 100 days after the date of transmittal of the bill to the applicant, notify the Township and the Township's professional consultant that such fees are disputed and shall explain the basis of their objections to the fees charged, in which case the Township shall not delay or disapprove a subdivision or land development application due to the applicant's dispute over fees. Failure of the applicant to dispute a bill within 100 days shall be a waiver of the applicant's right to arbitration of that bill under § 435-73K of this chapter.
(3) 
In the event that the Township's professional consultant and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the applicant and the Township shall follow the procedure for dispute resolution set forth in § 435-73 of this chapter, provided that the arbitration resolving such dispute shall be of the same profession or discipline as the professional consultant whose fees are being disputed.
(4) 
Subsequent to a decision on an application, the Board of Supervisors shall submit to the applicant an itemized bill for review fees, specifically designated as a final bill. The final bill shall include all review fees incurred at least through the date of the decision on the application. If for any reason additional review is required subsequent to the decision, including inspections and other work to satisfy the conditions of the approval, the review fees shall be charged to the applicant as a supplement to the final bill.
(5) 
The provisions of this chapter so far as they are the same as those of ordinances in force immediately prior to the enactment of this chapter, are intended as a continuation of such ordinances and not as new enactments. Provisions of this chapter shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish any offenses under the authority of any ordinance repealed by this chapter.
Any person, partnership or corporation, or the members of such partnership or the officers of such corporation, who or which, being the owner of agent of the owner of any lot, tract or parcel of land, shall:
A. 
Lay out, construct, open and/or dedicate any street, sanitary sewer, storm sewer, water main or other improvement for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon;
B. 
Sell, transfer or agree or enter into an agreement to sell or transfer any land in a subdivision or land development, whether by reference to or by use of a plan of such subdivision or land development or otherwise;
C. 
Erect any building or buildings which constitute a land development thereon; or
D. 
Commence site grading or construction of improvements prior to recording of a final plan unless such grading or construction is for the sole purpose of installing improvements as prescribed in § 435-75.
Unless and until a final plan has been prepared in full compliance with the provisions of this chapter and has been recorded as provided herein, or who or which in any other way is in violation of our violates any of the provisions of this chapter, shall be subject to the penalties and remedies set forth in § 435-87.
A. 
Magisterial District Judges shall have initial jurisdiction in proceedings brought under this chapter.
B. 
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 of 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.
C. 
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. The authority to deny such a permit or approve shall apply to any of the following:
(1) 
The owner of record at the time of such violation.
(2) 
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 for the violation.
(3) 
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.
(4) 
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.
D. 
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.
E. 
Any person, partnership or corporation who or which has violated the provisions of this chapter, upon being found liable therefor in a civil enforcement proceeding commenced by the Township, must pay a judgment as provided for in the Pennsylvania Municipalities Planning code, Act of July 31, 1968, P.L. 805, No. 247, reenacted and amended by Act 170 of 1988, as amended,[1] and the Second Class Township Code, Act of May 1, 1993, P.L. 103, No. 69, reenacted and amended July 10, 1947, P.L. 1481, No. 567, and as subsequently amended,[2] 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 be 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 municipality 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 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.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[2]
Editor's Note: See 53 P.S. § 65101 et seq.
F. 
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.
G. 
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.
H. 
No person shall proceed with any site grading or construction of improvement prior to recordation of a final plan, unless such grading or construction is for the sole purpose of installing the public improvements as prescribed in § 435-75, Installation of public improvement in conjunction with conditional final plan approval.
I. 
No deeds shall be executed or recorded for lots, nor shall the construction of any structure be initiated, before the Board of Supervisors has approved the final plan and such plan is recorded with the office of the York County Recorder of Deeds.
The Township shall keep an accurate, public record of its findings, decisions, and recommendations relevant to all applications filled with it for review or approval.
Should any section, subsection or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decisions shall not affect the validity of the chapter as a whole, or of any other part thereof.
Wherever there is a difference between the standards specified herein and those included in other applicable regulations, the more stringent requirement shall apply.
The Subdivision and Land Development Ordinance #84-1989 of the Township of Carroll enacted in 1989 and as subsequently amended, is hereby repealed in total; provided, however, that this repeal shall in no manner be construed as a waiver, release or relinquishment of the right to initiate, pursue, or prosecute, as the case may be, any proceeding at law or in equity pertaining to any act done which would have constituted a violation of the Carroll Township Subdivision and Land Development Ordinance 84-1989, as amended. All provisions of the Carroll Township Subdivision and Land Development Ordinance of 84-1989, as amended, shall remain in full force and effect, and are not repealed hereby, as they pertain to such acts and to the processing of such plans filed prior to the effective date of this chapter which are protected from the effect of intervening ordinances by Section 508(4) of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508(4).
An approval issued in violation of the provisions of this chapter is void without the necessity of any proceedings for revocation. Any work undertaken pursuant to such an approval is unlawful. No action may be taken by a board, agency, or employee of the Township purporting to validate such a violation.
The provisions of this chapter, so far as they are the same as those of ordinances in force immediately prior to the enactment of this chapter, are intended as a continuation of such ordinances and not as new enactments. Provisions of this chapter shall not affect any act done or liability incurred, nor shall they affect any suit or prosecution pending or to be instituted to enforce any right or penalty or to punish an offense under the authority of any ordinance repealed by this chapter.
In the event that any provisions, section, sentence, clause or part of this chapter shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this chapter or other ordinances affected by this chapter, it being the intent of Carroll Township that such remainder shall be and shall remain in full force and effect.
All other ordinances, parts of ordinances or parts of resolutions inconsistent herewith shall be and the same expressly are repealed.