[Ord. No. 74-1977, § 1201, 7/12/1977]
1. The Planning Commission and 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.
2. Officials of South Hanover Township having regulatory duties and
authorities connected with or appurtenant to the subdivision, use
or development of land shall have the duties and authorities for the
controlling enforcement of the provisions of this chapter, as specified
or implied herein or in other ordinances of South Hanover Township.
3. Permits required by South Hanover Township for the erection or alteration
of buildings, the installation of sewers or sewage disposal systems,
or for other appurtenant improvements to, or use of, the land, shall
not be issued by any South Hanover Township official responsible for
such issuance until he has ascertained that the site for such building,
alteration, improvement, or use is located on a subdivision approved
and publicly recorded in accordance with the provisions of this chapter
regulating the subdivision of land.
4. Such permits shall be issued only after it has been determined that
the site for such building, alteration, improvement or use conforms
to the site descriptions as indicated by the approved and recorded
final plat or other land description acceptable in accordance with
the provisions of this chapter, and that it is in compliance with
all applicable provisions of this chapter.
5. The South Hanover Township Sewage Enforcement Officer shall require
that applications for sewage disposal permits contain all the information
necessary for him to ascertain that the site for the proposed system
is acceptable in accordance with the provisions of this chapter. The
rules and regulations of the Department of Environmental Resources
and any requirements of South Hanover Township pertaining to the issuance
of such permit.
[Ord. No. 74-1977, § 1202, 7/12/1977]
Amendments to this chapter shall become effective only after a public hearing held pursuant to public notice as defined herein and in accordance with the Pennsylvania Municipalities Planning Code of 1968, as amended, Act 247, Article
V, § 505.
[Ord. No. 74-1977, 7/12/1977; Ord. No. 3-1995, 9/12/1995]
1. 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 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 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 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.
[Ord. No. 74-1977, 7/12/1977; Ord. No. 3-1995, 9/12/1995]
1. Any person, partnership or corporation who or which has violated
the provisions of this chapter shall, upon being found liable therefore
in a civil enforcement proceeding commenced by the Township, pay a
judgment of not more than $500 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 payable until the date of
the determination of a violation by the district justice. If the defendant
neither pays nor timely appeals the judgment, the Township 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 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 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 the right
to commence any action for enforcement pursuant to this section.
4. District justices shall have initial jurisdiction in proceedings
brought under this section.