The Board of Supervisors may, from time to time on their own motion,
revise, modify or amend this chapter in order to increase its effectiveness
or to expedite the approval of land subdivision and/or land development
plans.
Any revisions, modifications or amendments to this chapter shall
be made in accordance with the procedures established by law, after
a public hearing on the proposed revisions, modification or amendments
held pursuant to public notice in accordance with the provision of
the Municipalities Planning Code.[1]
The Board of Supervisors shall submit each amendment to the County
Planning Commission for recommendations at least 30 days prior to
the date affixed for the public hearing on such proposed amendment.
The Board of Supervisors may require inspections during the
construction as may be necessary to determine that improvements are
being installed in accordance with the approved plan and the provisions
of this chapter.
No construction shall be commenced, no lot in a subdivision shall
be sold, no permit to erect any building upon land in a subdivision
shall be issued and no building shall be erected in a subdivision,
except after compliance with this chapter.
Any person, partnership or corporation who or which has violated
or permitted the violation of any provisions of this chapter shall,
upon being found liable therefor 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 Magisterial District Judge. 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 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 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. All judgments, costs and reasonable attorney
fees collected for the violation of this chapter shall be paid over
to the Township.
The Court of Common Pleas, upon petition, may grant an order of stay,
upon cause shown, tolling the per diem fine pending a final adjudication
of the violation and judgment.
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 hereto.
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.
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 any ordinance adopted pursuant to this chapter. This
authority to deny such a permit or approval shall apply to any of
the following applicants:
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.
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.
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.
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.