Amendments to this chapter shall become effective only after a public hearing held pursuant to public notice as defined herein and in accordance with the Pennsylvania Municipalities Planning Code of 1968, as amended, Act 247, Article
V, Section 505.
[Amended 12-7-2000 by Ord. No. 1810]
A. Any person, partnership or corporation who or which,
being owner or agent of the owner of any lot, tract or parcel of land,
shall lay out, construct, open or dedicate any street, sanitary sewer,
storm sewer, water main or other improvements for public use, travel
or other purposes, or for the common use of occupants of buildings
abutting thereon, or who sells, transfers or agrees or enters into
an agreement to sell any land in a subdivision or land development,
whether by reference to or by other use of a plat of such subdivision
or land development, before a final plat has been prepared in full
compliance with the provision of this chapter and of the regulations
adopted hereunder and has been recorded as provided herein, shall
be guilty of a violation.
B. Any person, partnership or corporation who or which
has violated or permitted the violation of 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 that
$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
not 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
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 District Justice 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 the Zoning Officer, payable
to the Township of Ridley.
C. 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.
D. Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the Township
of Ridley the right to commence any action for enforcement pursuant
to this section.
E. The description of such lot or parcel by metes and
bounds in 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. The Township
may also enjoin such transfer or sale or agreement by action for injunction
brought in any court of equity jurisdiction, in addition to the penalty
herein provided.