A. 
Township enforcement on developer's default; security agreements.
(1) 
In the event that any improvements required by any final plan approval have not been timely and adequately installed and completed or maintained as provided in this chapter or in strict accordance with the approved final plan, the developer shall be in default, and the Board shall enforce the financial security agreement executed by the developer and his surety by any appropriate legal or equitable remedies selected by the Township, all of which remedies shall be cumulative. In addition, the financial security posted with or otherwise secured to the Township by the developer guaranteeing the installation and completion of the required improvements by the developer shall be forfeited to the Township in the amount necessary to complete all such improvements.
(2) 
Upon the Board's written notice of default to the financial institution or other surety posting or otherwise issuing the financial security guaranteeing installation, construction and completion of any required improvement or maintenance thereof, said financial institution shall forthwith pay over to the Township any amount or amounts demanded by the Township comprising such financial security. If the proceeds of any corporate bond or other financial security are insufficient to pay the costs of installing or making repairs, replacements, or corrections to all of the improvements covered by the security, the Board may, at their option, install all or part of the improvements in all or part of the subdivision or land development and may institute appropriate legal or equitable actions to recover the moneys necessary to complete the remainder of these improvements, including proceeding against the developer on the developer's unsecured surety bond. All of the proceeds, whether resulting from the security or from any legal or equitable action brought against the developer, or both, shall be used solely for the installation or maintenance, as applicable, of the improvements covered by such security and the recovery of all court costs, engineering fees and legal fees incurred by the Township in any such action or actions.
(3) 
In the event the developer defaults on or otherwise violates any maintenance agreement executed by him guaranteeing any improvements dedicated to the Township, the Township shall have the identical rights against the developer and his surety and the financial security posted with or otherwise secured to the Township as are provided for in this section for defaults under the developer's improvements guarantee and security.
B. 
Township's additional remedies.
(1) 
In addition to other remedies, the Township may institute and maintain appropriate actions at law or in equity to restrain, correct or abate violations of this chapter, 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 lots or parcels of ground in any subdivision or land development shall not exempt the seller or transfer or from any such penalties or from the remedies herein provided for.
(2) 
The Township may refuse to issue any permit or grant any approval necessary to further improve or develop any real property within a subdivision or land development which has been developed or which has resulted from a subdivision or land development of real property in violation of this chapter or any Township ordinance adopted pursuant to the PAMPC. This authority to deny such permit or approval shall apply to any of the following:
(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 has 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 the violation, without regard as to whether such vendee or lessee had actual or constructive knowledge of the violation.
(3) 
As an additional condition of the issuance of a permit or the granting of an approval to any owner, current owner, vendee or lessee described in the preceding subsection for any such property, the Township shall require compliance with the conditions that would have been applicable to the property at the time the developer acquired an interest in such real property.
The Board shall establish by one or more resolutions a schedule of application fees and a collection procedure for all fees and costs required to be paid by an developer or developer when submitting an application for development under the provisions of this chapter. Such resolution(s) may be amended from time to time at the discretion of the Board without the necessity of amendment of this chapter.
The Board may grant a modification of one or more of the requirements of this chapter if the literal enforcement thereof will exact undue hardship upon the developer because of peculiar conditions pertaining to the land which is the subject of the application. The granting of such modification shall be discretionary with the Board who must be satisfied that such modification will not be contrary to the public interest and that the purpose and intent of this chapter is observed. All requests for modification shall be in writing and must accompany and be a part of the application for subdivision or land development. Such request shall state in full the grounds and facts of unreasonableness or hardship upon which the request is based, cite the provision or provisions of this chapter involved and describe the minimum requested modification. The Board shall keep a written record of its action with respect to any such request, but the failure of the Board to act on any such request shall not result in a deemed approval thereof.
A. 
Civil penalty. Any person, partnership, corporation or other legal entity who or which has violated the 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 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, corporation or other entity 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 violation by the District Justice, and, thereafter, each day that a violation continues shall constitute a separate violation.
B. 
Enforcement officers. This chapter may be enforced by the Board, the Township Zoning Officer or his duly appointed assistants, the Township Engineer and the Township Solicitor.
C. 
Other remedies. This chapter may be enforced by the institution of suits either at law or in equity or in any other manner provided by law. All remedies of the Township shall be cumulative.
A. 
Ordinance amendments. The Board may, from time to time, revise, modify and amend this chapter by appropriate action taken at a scheduled public hearing held pursuant to public notice, subject to the applicable requirements of the PAMPC, as those statutory requirements may be changed, renumbered or amended from time to time.
B. 
Power of Board to promulgate regulations. The Board may, from time to time, promulgate rules and regulations adopted at a public meeting to implement any provision of this chapter or to establish additional development and design standards.
Appeals from the action of the Board in either approving or disapproving a preliminary plan or a final plan or from a conditional final plan approval unacceptable to the developer shall be taken to court in accordance with the applicable provisions of the PAMPC.
When an application for approval of a plat, whether preliminary or final, has been approved or approved subject to conditions acceptable to the developer, no subsequent change or amendment of this chapter or Chapter 200, Zoning, of the Code of the Township of East Whiteland shall be applied to affect adversely the right of the developer to commence and to complete any aspect of the approved development in accordance with the terms of such final approval within five years from such approval, as provided for in Section 508(4) of the PAMPC, as from time to time amended,[1] but subject, nevertheless, to the terms and conditions of the provisions of the latter section.
[1]
Editor's Note: See 53 P.S. § 10508(4).