[Ord. No. 2-2022, 1/3/2022]
This Part shall be known as the "Hopewell Township Solar Energy
Ordinance of 2022."
[Ord. No. 2-2022, 1/3/2022]
The purpose of this Part is to promote health, safety and welfare
within the Township by providing regulations for accessory solar energy
systems (ASES) and principal solar energy systems (PSES).
[Ord. No. 2-2022, 1/3/2022]
For the purposes of this Part the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
(Often referred to as residential solar, but does not rule
out commercial installations) An area of land or other area used for
a solar collection system principally used to capture solar energy,
convert it to electrical energy or thermal power and supply electrical
or thermal power the majority of which is for on-site use. An accessory
solar energy system consists of one or more freestanding ground- or
roof-mounted, solar arrays or modules, or solar related equipment
and is intended to primarily reduce on-site consumption of utility
power or fuels.
The individual or entity seeking approval for a solar energy
system pursuant to this Part. The owner of the real property upon
which the solar energy system shall be erected, as well as the applicant,
shall be responsible for compliance with this Part.
The Board of Supervisors of Hopewell Township.
The Township of Hopewell Code of Ordinances.
A building or structure in which is conducted in the principal
use of the lot on which the building or structure is located.
(also referred to as solar farms or commercial solar facilities)
An area of land or other area used for a solar collection system principally
used to capture solar energy, convert it to electrical energy or thermal
power and supply electrical or thermal power primarily for off-site
use. Principal solar energy systems consist of one or more freestanding
ground- or roof-mounted, solar collector devices, solar related equipment
and other accessory structures and buildings, including light reflectors,
concentrators, and heat exchangers; substations; electrical inverters;
electrical infrastructure; battery storage; on-site transmission lines;
and other appurtenant structures. Off-site transmission lines will
not be considered part of the PSES for the purposes of zoning applications,
but must be shown on land development plans submitted for approval.
A solar easement means a right, expressed as an easement,
restriction, covenant, or condition contained in any deed, contract,
or other written instrument executed by or on behalf of any landowner
for the purpose of assuring adequate access to direct sunlight for
solar energy systems.
Radiant energy (direct, diffuse and/or reflective) received
from the sun.
This overlay district was created by the Hopewell Township
Solar Energy Ordinance of 2022 and is identified on the Hopewell Township
Zoning Map, and may be amended as needed in the future.
A solar photovoltaic cell, module, or array, or solar hot
air or water collector device, which relies upon solar radiation as
an energy source for collection, inversion, storage, and distribution
of solar energy for electricity generation or transfer of stored heat.
SOLAR ARRAYA grouping of multiple solar modules with the purpose of harvesting solar energy.
SOLAR MODULEA grouping of solar cells with the purpose of harvesting solar energy.
SOLAR PHOTOVOLTAIC CELLThe smallest basic solar electric device which generates electricity when exposed to light.
Items including a solar photovoltaic cell, module, or array,
or solar hot air or water collector device panels, lines, pumps, storage
batteries, mounting brackets, framing and possibly foundations or
other structures used or intended to be used for collection, storage,
and transmission of solar energy.
[Ord. No. 2-2022, 1/3/2022]
ASES shall be permitted in all zones as an accessory use secondary
to the primary use of a property, upon receipt of a use certificate
to be issued by the Zoning Officer, so long as all of the following
criteria are met:
1.
All ASES must adhere to the following performance standards:
A.
ASES with an aggregate collection and/or focusing area of 100 square
feet or less are exempt from these terms and conditions.
B.
ASES constructed prior to the effective date of this section shall
not be required to meet the terms and conditions of this Part. Any
physical modification to an existing ASES, whether or not existing
prior to the effective date of this section, must adhere to the provisions
in § 403.42 of the Uniform Construction Code concerning
permit requirements and exemptions.
C.
Upon installation, the ASES shall be maintained in good working order
in accordance with standards of the Township provisions under which
the ASES was constructed. Failure of the property owner to maintain
the ASES in good working order is grounds for appropriate enforcement
action by the Township. The Township may perform the services required
and charge the owner appropriate fees or costs. Nonpayment of these
fees or costs may result in a municipal lien against the property.
D.
The display of advertising is prohibited except for reasonable identification
of the manufacturer of the system.
E.
Solar panels shall be located to minimize glare on adjacent properties
or streets. The Township may require reasonable corrective actions
after installation of the ASES to eliminate glare to adjacent residences
or streets which causes a risk to public health or safety.
(1)
The Township may require a glare study to be completed and submitted
with the final land development plan and then again six months after
operation of the ASES.
F.
All on-site transmission and plumbing lines shall be attached flush
to the solar array racking system or placed underground to the extent
feasible. Any off-site transmission lines must be placed within legal
rights-of-way, and proof of the right-of-way shall be provided to
the Township prior to land development plan approval. Privately owned
off-site transmission lines proposed to be in a public street right-of-way
shall require Township approval and a right-of-way agreement with
provisions indemnifying the Township from all liability related to
the transmission lines.
G.
The ASES must be properly maintained and be kept free from all hazards,
including but not limited to, faulty wiring, loose fastenings, being
in an unsafe condition, or detrimental to public health, safety or
general welfare. In the event of a violation of any of the foregoing
provisions, the Zoning Officer shall give written notice specifying
the violation to the owner of the ASES to conform or to remove the
ASES.
H.
Each ASES and all other solar related equipment shall be removed
within 12 months of the date when the use has been discontinued or
abandoned by system owner and/or operator, or upon termination of
the useful life of same.
I.
The ASES shall be presumed to be discontinued or abandoned if no
electricity is generated by such solar collector for a period of six
continuous months.
2.
Ground-Mounted Accessory Solar Energy Systems.
A.
ASES installers must certify they are listed as a certified installer
on the PA Department of Environmental Protection's (DEP) approved
solar installer list or that they meet the criteria to be a DEP approved
installer by meeting or exceeding one of the following requirements:
(1)
Is certified by the North American Board of Certified Energy
Practitioners (NABCEP).
(2)
Has completed an Interstate Renewable Energy Council (IREC)
Institute for Sustainable Power Quality (ISPQ) accredited PV training
program or a PV manufacturer's training program and successfully
installed a minimum of three PV systems.
B.
For residential applications, the ASES installer must also be a registered
home improvement contractor with the Pennsylvania Attorney General's
office.
C.
The owner of a ground-mounted ASES shall provide the Township written
confirmation that the public utility company to which the ASES will
be connected and has been informed of the customer's intent to
install a grid connected system and approval of such connection. Off-grid
systems shall be exempt from this requirement.
D.
The minimum setbacks from side and rear property lines shall be equivalent
to the building setbacks in the applicable zoning district.
E.
Ground-mounted ASES are prohibited in front yards.
F.
Freestanding ground-mounted ASES solar panels shall not exceed the
applicable maximum height requirements in the underlying zoning district.
G.
The following components of an ASES shall be considered impervious
coverage and shall be included as part of the impervious coverage
limitations for the underlying zoning district:
(1)
Foundation systems for ASES, typically consisting of driven
piles or monopoles or helical screws with or without small concrete
collars.
(2)
Any impervious foundations installed for accessory mechanical
equipment of the ASES, including any foundation structure to hold
batteries or storage cells.
(3)
Gravel or paved access roads and parking areas servicing the
ASES.
H.
Appropriate safety/warning signage concerning voltage shall be placed
at ground-mounted electrical devices, equipment, and structures. All
electrical control devices associated with the ASES shall be locked
to prevent unauthorized access or entry.
I.
The applicant shall demonstrate compliance with the Hopewell Township Stormwater Management Ordinance, Chapter 23 of the Code. ASES owners are encouraged to use low-maintenance and/or low-growing native species and pollinators under the system as a best management practice for stormwater management, or other acceptable vegetation and/or pollinators acceptable to the Township.
J.
No grass or weeds shall be permitted at any time to exceed 12 inches
in length or height from the surfaces under or surrounding the ASES.
Any noxious weeds, as listed on Pennsylvania's Noxious Weed Control
List (as amended), shall be immediately eradicated and removed.
(1)
A violation of this provision also constitutes a violation of the Township's Weed Control provisions and the Township has the power to enforce this provision as outlined in § 10-106 of the Code. Additionally, the Township may perform the eradication and removal services required and charge the owner appropriate fees. Nonpayment of fees may result in a lien against the property.
K.
Ground-mounted ASES shall not be placed within any legal easement
or right-of-way location unless agreed to by easement or right-of-way
holder.
L.
If a ground-mounted ASES is removed, any earth disturbance as a result
of the removal of the ground-mounted solar energy system shall be
returned to an environmentally stable condition. All development,
including but not limited to panels, fencing, roadways and placement
of aggregate, shall be removed unless other arrangements have been
approved by the Township in writing.
M.
Zoning/building permit applications shall document compliance with
this section and shall be accompanied by drawings showing the location
of the system on the building or property, including property lines.
Permits must be kept on the premises where the ASES is constructed.
N.
The zoning/building permit shall be revoked if the ASES, whether
new or pre-existing, is moved or otherwise altered, either intentionally
or by natural forces, in a manner which causes the ASES not to be
in conformity with these provisions.
3.
Roof-Mounted and Wall-Mounted Accessory Solar Energy Systems.
A.
A roof-mounted or wall-mounted ASES may be located on a principal
or accessory building.
B.
ASES mounted on roofs or walls of any building shall be subject to
the maximum height regulations specified for buildings within each
of the applicable zoning districts.
C.
Wall-mounted ASES shall comply with the building setbacks in the
applicable zoning districts.
D.
Solar panels shall not extend beyond any portion of the roof edge.
E.
The applicant shall provide evidence that the plans comply with the
Uniform Construction Code and adopted building code of the Township
that the roof or wall is capable of holding the load imposed on the
structure.
[Ord. No. 2-2022, 1/3/2022]
PSES shall be permitted in the Solar Energy Overlay District
as established by the Hopewell Township Solar Energy Ordinance of
2022, upon receipt of a use certificate to be issued by the Zoning
Officer, so long as all of the following criteria are met:
1.
All PSES must adhere to the following performance standards:
A.
PSES constructed prior to the effective date of this section shall
not be required to meet the terms and conditions of this section.
Any physical modification to an existing PSES, whether or not existing
prior to the effective date of this section must adhere to the provisions
in § 403.42 of the Uniform Construction Code concerning
permit requirements and exemptions.
B.
No person shall install or construct a PSES without first obtaining approval pursuant to the plan review procedures of Chapter 22 of the Code, Subdivision and Land Development.
C.
The PSES layout, design and installation shall conform to good industry
practice. "Good industry practice" shall mean the practices, methods,
standards, and acts (engaged in or approved by a significant portion
of the solar power industry for similar facilities in similar geographic
areas that are similar in size and complexity) as the same may change
from time to time, that, at a particular time, in the exercise of
reasonable professional judgment in light of the facts known at the
time a decision was made, would have been expected to accomplish the
desired result in a manner consistent with applicable law, regulation,
codes, good business practices, reliability, safety, environmental
protection, economy, expedition, and shall comply with the PA Uniform
Construction Code and with all other applicable fire and life safety
requirements.
D.
The application shall include a construction transportation plan
that shows all roadways that will be utilized to access the site,
which shall be forwarded to the Township for review and approval.
E.
Upon completion of installation, the PSES shall be maintained in
good working order in accordance with standards of the Township codes
under which the PSES was constructed. Failure of the property owner
to maintain the PSES in good working order is grounds for appropriate
enforcement action by the Township in accordance with applicable ordinances
or Code provisions. The Township may perform the services required
and charge the owner appropriate fees. Nonpayment of these fees may
result in a municipal lien against the property.
F.
PSES installers must certify they are listed as a certified installer
on the PA Department of Environmental Protection's (DEP) approved
solar installer list or that they meet the criteria to be a DEP approved
installer by meeting or exceeding one of the following requirements:
(1)
Is certified by the North American Board of Certified Energy
Practitioners (NABCEP).
(2)
Has completed an Interstate Renewable Energy Council (IREC)
Institute for Sustainable Power Quality (ISPQ) accredited PV training
program or a PV manufacturer's training program and successfully
installed a minimum of three PV systems.
(3)
PSES installers of projects rated at five MW or greater must
demonstrate that they have installed at least two utility-scale solar
projects in the last three years.
G.
All on-site AC transmission and plumbing lines shall be placed underground
to the greatest extent feasible. DC transmission and plumbing lines
may be attached flush to the solar array racking systems.
H.
Any off-site transmission lines must be placed within legal rights-of-way,
and proof of the right-of-way shall be provided to the Township prior
to land development plan approval. Privately owned off-site transmission
lines proposed to be in a public street right-of-way shall require
Township approval and a right-of-way agreement with provisions indemnifying
the Township from all liability related to the transmission lines.
I.
The owner of an PSES shall provide the Township written confirmation
that the public utility company to which the PSES will be connected
and has been informed of the customer's intent to install a grid
connected system and approval of such connection. Off-grid systems
shall be exempt from this requirement.
J.
The display of advertising is prohibited except for reasonable identification
of the manufacturer of the system.
K.
Solar panels shall be located to minimize glare on adjacent properties
or streets. The Township may require reasonable corrective actions
after installation of the ASES to eliminate glare to adjacent residences
or streets which causes a risk to public health or safety.
(1)
The Township may require a glare study to be completed and submitted
with the final land development plan and then again six months after
operation of the ASES.
L.
A baseline noise study shall be performed and submitted to the Township
during the land development phase, and another noise study shall be
performed and submitted to the Township within six months after commencement
of operations. The noise study will be performed by an independent
noise study expert approved by the Township and paid for by the applicant.
Noise from a PSES, as measured at the property lines, shall not exceed
45dBA or otherwise creates excessive noise which constitutes a nuisance
as determined by the Township. The applicant will install mitigation
measures acceptable to the Township to mitigate any noise exceedance
identified by the study.
N.
No more than 20% of the entire area for development shall consist
of Class II or Class III prime agricultural soils as defined by the
current version of the Hopewell Township Soils Map, unless agrivoltaic
production will be used in which case the area for agrivoltaic production
will not count as part of the 20% allowed development.
O.
The applicant shall include a dwelling rights chart on the land development
plan, which identifies the number of dwelling rights on the property.
Dwelling rights/development rights may not be transferred out from
a property on which a PSES has been developed upon during the duration
of the lease or subsequent leases.
P.
The PSES owner and/or operator shall maintain a phone number and
identify a person responsible for the public to contact with inquiries
and complaints throughout the life of the project and provide this
number and name to the Township, and also post the same at the entrances
to the PSES. The PSES owner and/or operator shall respond to the public's
inquiries and complaints within 72 hours of receipt of a complaint.
Q.
An emergency response plan shall be included with the land development
plan application, which shall be reviewed and approved by the local
fire and emergency services departments.
R.
Decommissioning requirements.
(1)
The PSES owner shall provide an annual report by January 31
of each year showing the energy generated of the PSES for the preceding
calendar year.
(2)
If a PSES remains nonfunctional or inoperative for a continuous
period of six months, the facility shall be deemed to be abandoned
and shall constitute a public nuisance, unless the facility operator
demonstrates a good-faith intent to sell the facility. Within six
months of abandonment, the facility operator shall remove the system,
after a demolition permit has been obtained, in accordance with the
following:
(3)
After a PSES has been determined to be abandoned or has been
terminated by the PSES owner, the PSES owner must still secure the
property pursuant to the applicable provisions of this Part until
the PSES is completely decommissioned or returned to another allowed
use.
(4)
When the equipment comprising the PSES is removed, any disturbed
earth as a result of the removal of the equipment shall be restored,
graded and reseeded, or immediately returned to another allowed use.
(5)
The PSES owner shall submit an estimate for the total cost of
decommissioning without regard to salvage value of the equipment (gross
decommissioning cost), and also an estimate of the cost of decommissioning
net of the salvage value of the equipment (net decommissioning cost)
to the Township for review and approval prior to obtaining a building
permit for the PSES and the estimate shall then be updated and approved
by the Township prior to occupancy of the PSES and every fifth year
thereafter. Prior to the issuance of the building permit, the PSES
owner shall post and maintain financial security in the amount of
110% of the net decommissioning costs, provided that at no point shall
the financial security be less than 50% of the gross decommissioning
costs. The financial security shall be in the form of a bank-issued
letter of credit or cash escrow or other form of financial security
approved by the Board. Cash escrow funds shall be held in an interest-bearing
escrow account for the benefit of the PSES owner. This financial security
must be updated to the present value every five years.
(6)
If the PSES owner fails to complete decommissioning within the
required time period, then the landowner shall within six months complete
decommissioning. The Township may draw on the financial security to
reimburse the landowner or directly pay the decommissioning contractor
for decommissioning costs upon the request of the landowner and submission
of proof of costs in a form satisfactory to the Township.
(7)
If neither the PSES owner nor the landowner complete decommissioning
within the required periods, then the Township may take such measures
as necessary to complete decommissioning. To the extent the Township
incurs costs to rightfully perform any act in furtherance of decommissioning,
it may draw on the financial security to pay for all costs and expenses.
If the decommissioning costs and expenses are greater than the financial
security, then the Township may charge the landowner and/or PSES owner
for the excess costs and expenses, including reasonable attorneys'
fees for collection, and such amounts shall be a special assessment
against the property and shall constitute a municipal lien on the
property for the amount of the assessment plus an additional penalty
of 10% of the assessment.
(8)
Upon completion of decommissioning to the satisfaction of the
Township, any remaining financial security shall be released to the
PSES owner.
S.
Solar Easements.
(1)
If required, a PSES owner and/or operator must obtain any solar
easements necessary to guarantee unobstructed solar access by separate
civil agreement(s) with adjacent property owner(s).
(2)
Solar easements shall be in writing and shall be subject to
the same conveyance and instrument recording requirements as other
easements.
(3)
Any such easements shall be appurtenant; shall run with the
land benefited and burdened; and shall be defined and limited by conditions
stated in the instrument of conveyance. Instruments creating solar
easements shall include but not be limited to:
(a)
A description of the dimensions of the easement, including vertical
and horizontal angles measured in the degrees or the hours of the
day, on specified dates, during which direct sunlight to a specified
surface or structural design feature may not be obstructed;
(b)
Restrictions on the placement of vegetation, structures, and
other objects which may impair or obstruct the passage of sunlight
through the easement;
(c)
Enumeration of terms and conditions, if any, under which the
easement may be revised or terminated;
(d)
Explanation of the compensation for the owner of the real property
subject to the solar easement for maintaining the easement and for
the owner of the real property benefiting from the solar easement
in the event of interference with the easement.
T.
Permit Requirements.
(1)
PSES shall comply with the Township subdivision and land development requirements in Chapter 22 of the Code. The installation of PSES shall be in compliance with all applicable permit requirements, codes, and regulations. The PSES shall require a building permit prior to any construction and an occupancy permit prior to any solar energy production.
(2)
The PSES owner and/or operator shall repair, maintain and replace
the PSES and related solar equipment during the term of the permit
in a manner consistent with industry standards as needed to keep the
PSES in good repair and operating condition. Any changes to the configuration
of the solar equipment, fencing or screening that involves greater
than 10% of the PSES site shall require submission of a revised land
development plan and building permit application for review and approval
by the Township.
2.
Ground-Mounted Principal Solar Energy Systems.
A.
Regulations applicable to all ground-mounted PSES:
(1)
The PSES shall meet the lot size requirements of the applicable
zoning district.
(2)
PSES owners are encouraged to use low-maintenance and/or low-growing native species and pollinators under the system as a best management practice for stormwater management, or other acceptable vegetation and/or pollinators acceptable to the Township. The PSES shall also meet all requirements of Chapter 23 of the Code and any applicable Pennsylvania Department of Environmental Protection regulations for stormwater, including the FAQs for Chapter 102 Permitting for Solar Farms or successor guidelines and best management practices for solar farms.
(3)
No grass or weeds shall be permitted at any time to exceed 12
inches in length or height from the surfaces under or surrounding
the PSES. Any noxious weeds, as listed on Pennsylvania's Noxious
Weed Control List (as amended), shall be immediately eradicated and
removed.
(a)
A violation of this provision also constitutes a violation of the Township's weed control provisions, Chapter 10, Part 1 of the Code, and the Township has the power to enforce this provision as outlined in § 10-106 of the Code. Additionally, the Township may perform the eradication and removal services required and charge the owner appropriate fees. Nonpayment of these fees may result in a municipal lien against the property.
(4)
PSES shall be set back 300 feet from any residential district
or residential use. Crops, in addition to fences and screening for
a PSES, may be within the setback but must be at least 25 feet from
any adjacent property line or street right-of-way line.
(5)
Ground-mounted PSES solar modules shall comply with the building
height restrictions for principal buildings of the applicable zoning
district, excluding lightning rods and aboveground transmission lines
when required.
(6)
The following components of a PSES shall be considered impervious
coverage and shall be included as part of the impervious coverage
limitations for the underlying zoning district:
(a)
Foundation systems for PSES, typically consisting of driven
piles or monopoles or helical screws with or without small concrete
collars.
(b)
Any impervious foundations installed for accessory mechanical
equipment of the PSES, including any foundation structure to hold
batteries or storage cells.
(c)
Gravel or paved access roads and parking areas servicing the
PSES.
(7)
The total surface area of the impervious coverage on the property
shall not exceed more than 15% of the lot area.
(8)
A land development plan for a PSES shall contain property line,
fence and landscaping details showing compliance with this Part.
(9)
Ground-mounted PSES shall not be placed within any legal easement
or right-of-way location unless agreed to by the easement or right-of-way
holder.
(10)
All ground-mounted PSES shall be completely enclosed by fencing
that consists of a minimum six-foot-high fence with a locking gate.
This required fencing shall be of a type approved by the Board. Gates
shall be placed in locations allowing adequate space for vehicles
to pull-off any adjacent roadway to unlock the gate for access. Ground-mounted
PSES shall be screened from public roadways and any residential district
or residential use as required by the Board.
(11)
A clearly visible warning sign shall be placed at the base of
all pad-mounted transformers and substations and on the fence surrounding
the PSES informing individuals of potential voltage hazards.
(12)
Signage shall comply with the prevailing sign regulations.
(13)
Access drives and internal service roads are required to allow for maintenance and emergency management vehicles. The minimum cartway width shall be no less than 22 feet for both access road and internal service roads. All access drives and internal service roads must conform to the applicable standards set forth in the Township's Subdivision and Land Development Ordinance, Chapter 22 of the Code, § 22-505, Street Design.
(14)
If ground-mounted solar equipment is removed, any earth disturbance
as a result of the removal of the ground-mounted solar equipment must
be returned to an environmentally stable condition.
(15)
The continuation of any agricultural or residential use, to
include but not be limited to grazing to control vegetation or other
agricultural or ecological practices to make beneficial use of the
land underneath the solar arrays or any land not dedicated to the
PSES, will be permitted as customarily incidental to and compatible
with the PSES use, and shall not be considered a second principal
use.
3.
Roof- and Wall-Mounted Principal Solar Energy Systems.
A.
The applicant shall provide evidence that the plans comply with the
Uniform Construction Code and adopted building code of the Township
that the roof or wall is capable of holding the load imposed on the
structure.
B.
PSES mounted on roofs or walls of any building shall be subject to
the maximum height regulations specified for buildings within the
applicable zoning district.
C.
A roof-mounted or wall-mounted PSES may be located on a principal
or accessory building.
D.
Wall-mounted PSES shall comply with the building setbacks in the
applicable zoning districts.
E.
Solar panels shall not extend beyond any portion of the roof edge.
[Ord. No. 2-2022, 1/3/2022]
The Board may grant modification of the requirements of one
of more provisions of this Part if the literal enforcement will exact
undue hardship because of peculiar conditions pertaining to the property
in question, provided that such modification will not be contrary
to the public interest and that the purpose and intent of the chapter
is observed. All requests for modification shall be in writing and
shall state in full the grounds and facts of unreasonableness or hardship
on which the request is based, the provision or provisions of the
chapter involved and the minimum modification necessary.
[Ord. No. 2-2022, 1/3/2022]
1.
The violation of any provision of this Part is hereby deemed a public
nuisance. The Township is hereby authorized to enter upon private
property and take all measures necessary to abate a deemed public
nuisance under this Part. It shall be unlawful for any person, owner,
agent or person in possession of any premises to refuse to allow the
Township or designated contractor to enter upon the premises for the
purposes set forth above. The costs incurred by the Township to abate
a public nuisance, including attorney fees, shall be a special assessment
against the property and shall constitute a municipal lien on the
property for the amount of the assessment plus a penalty of 10% of
the assessment.
2.
Any person, partnership, corporation, developer or landowner who
or which has violated the provisions of this Part shall, upon being
found liable therefore in a civil enforcement proceeding commenced
by the Township before a magisterial district judge (formerly district
justice), pay a judgment of not more than $600, plus all court costs,
including reasonable attorney's fees incurred by the Township.
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 has
been a good faith basis for the person, partnership, corporation,
developer or landowner violating this Part to have believed that there
was no such violation, in which event there shall be deemed to have
been only one such violation. 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.
In addition to the penalties prescribed in Subsections 1 and 2, the Township may institute injunctive, mandamus or any other appropriate action or proceedings at law or in equity for the enforcement of this Part. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus or other appropriate forms of remedy or relief.
