[Ord. No. 70, 7/16/1990]
The board of supervisors is vested by law with the jurisdiction and control of the subdivision and development of land located within the boundaries of the township.
[Ord. No. 70, 7/16/1990]
No subdivision of any lot, tract, or parcel of land shall be effected and no street, alley, sanitary sewer, storm sewer, water main, or other similar facility in connection therewith shall be laid out, constructed, opened, or dedicated for public use or travel, or for the common use of occupants of buildings abutting or to abut thereon, except in accordance with provisions of this chapter.
[Ord. No. 70, 7/16/1990]
No lot in a subdivision shall be sold, nor shall a permit to erect or alter any building upon land in a subdivision be issued, nor shall a building be erected in a subdivision unless and until a subdivision plan has been approved and properly recorded, and until the required improvements in connection therewith have either been constructed or the completion thereof has been assured by means of a proper guarantee in accordance with part 8 of this chapter.
[Ord. No. 70, 7/16/1990; Ord. No. 167, 4/6/2011]
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.
As a condition for issuance of a permit or the granting of an approval to any owner, current owner, vendee, or lessee for the development of any 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.
3.
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 or any ordinance adopted pursuant to this part. 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.
4.
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 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 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.
5.
All fines collected for violations as described here above shall be paid over to the treasurer of the township.
6.
The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
7.
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.