Any person applying for a permit under the terms and conditions
of this chapter shall agree, by making said application, to indemnify
and hold harmless the Township, its officers, agents and employees
against all liability of whatever nature arising during the performance
of the work or as a result of the work for which a permit is granted,
whether or not the liability arises as a result of the negligence
of the person to whom the permit was issued. The application for a
permit shall contain appropriate language indicating that the applicant
agrees to indemnify and hold the Township, its officers, agents and
employees harmless as required by this chapter.
A.
Any person who violates or fails to comply with the provisions of
this chapter or of any of the terms and conditions of any permit issued
pursuant thereto shall be guilty of a summary criminal offense and,
upon conviction thereof, shall pay a fine not exceeding $1,000, together
with costs of prosecution, for each and every offense. In default
of payment of fines and costs, such person shall be liable to imprisonment
for not more than 30 days.
B.
Each day a violation is continued shall constitute a separate offense.
C.
The Permit Administrator or any duly authorized agent of the Township
may serve notice of violation or may revoke any permit issued to any
person violating any of the provisions of this chapter. If the notice
of violation is not complied with or a permit is revoked, all work
shall be discontinued.
D.
Notwithstanding other remedies for violations to this chapter, the
Board of Supervisors or, with their approval, the Permit Administrator
may institute in the name of the Township any appropriate action or
proceedings to prevent any work or acts declared to be unlawful under
the provisions of this chapter, or to restrain, correct or abate a
violation.
A.
All ordinances and resolutions, or parts thereof, which are inconsistent
with the provisions of this chapter are hereby repealed to the extent
necessary to give this chapter full force and effect.
B.
Notwithstanding any provisions set forth in this chapter, whenever
the provisions of this chapter shall be inconsistent with other Township
ordinances or regulations, including, but not limited to, the provisions
of the Township Subdivision and Land Development Ordinance[1] or the Township Zoning Ordinance,[2] or conditions imposed as part of a subdivision or land
development plan approval, and the provisions of said other ordinances
or the conditions for approval are more restrictive or more stringent
than the requirements set forth in this chapter, the provisions of
said other ordinances or conditions imposed as a condition of approval
shall prevail and be applicable.
C.
The provisions of this chapter are intended as minimum standards
for the protection of the public health, safety and welfare of the
residents and inhabitants of the Township. The Township reserves the
right, in unusual situations, to modify or extend them conditionally
in individual cases as may be necessary in the public interest; provided,
however, that such modifications shall not have the effect of nullifying
the intent and spirit of this chapter.
D.
Should any provision, section, sentence, clause or portion of this
chapter be held to be invalid or unconstitutional, such invalidity
or unconstitutionality shall not affect or impair any portion of the
remaining provisions, sections, sentences, clauses, or parts of this
chapter. It is hereby declared to be the intent of the Board of Supervisors
of the Township of Marlborough that the remainder of this chapter
shall be and remain in full force and effect notwithstanding the fact
that such portion thereof shall be invalid or unconstitutional.
