A.
Proposals for amendment, supplement, change, modification
or repeal may be initiated by the governing body or by the Planning
Commission.
B.
In case of an amendment other than that prepared by
the Planning Commission, the governing body shall submit each such
amendment to the Montgomery County Planning Commission and Horsham
Township Planning Commission in accordance with the Municipalities
Planning Code.
C.
Within 30 days after adoption, the governing body
shall forward a certified copy of any amendment to this chapter to
the Montgomery County Planning Commission.
A.
Before voting on the enactment of an amendment, the
governing body shall hold a public hearing. No amendment shall become
effective until after such hearing at which parties in interest and
citizens shall have an opportunity to be heard.
B.
Notice shall be given once each week for two successive
weeks, the first notice being not more than 30 days and the second
notice not less than seven days in advance of such hearings and shall
be published in a newspaper of general circulation in the municipality.
Such notice shall state the time and place of the hearing and shall
include either the full text of the proposed amendment or the title
and a brief summary, prepared by the Municipal Solicitor and setting
forth all the provisions in reasonable detail. If the full text is
not included:
A.
Preventative remedies. In addition to the right of
the Township to enforce a subdivision or land development ordinance
violation by means of an action in equity in the Court of Common Pleas
of Montgomery County, and other rights the Township may have at law,
including actions to recover damages and to prevent illegal occupancy
of a building, structure, or premises, the Township may:
(1)
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. 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 violations.
(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.
(2)
As an additional condition for issuance of a permit
or the granting of approval to any such owner, current owner, vendee,
or lessee for the development of real property which was subdivided
in violation of this chapter, 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 property.
(3)
Any person, partnership or corporation, or the members
of such partnership or the officers of such corporation, who or which,
being the owner or agent of the owner of any lot, tract or parcel
of land, shall:
(a)
Lay out, construct, open and/or dedicate any
street, sanitary sewer, storm sewer, water main or other improvement
for public use, travel or other purposes or for the common use of
occupants of buildings abutting thereon.
(b)
Sell, transfer or agree or enter into an agreement
to sell or transfer any land in a subdivision or land development,
whether by reference to or by use of a plan of such subdivision or
land development or otherwise.
(c)
Erect any building or buildings which constitute
a land development thereon.
(d)
Commence site grading or construction of improvements prior to recording of a final plan unless such grading or construction is for the sole purpose of installing improvements as prescribed in § 198-49 herein unless and until a final plan has been prepared in full compliance with the provisions of this chapter and has been recorded as proposed herein, or who or which in any way is in violation of or violates any of the provisions of this chapter, shall be subject to the penalties and remedies set forth in Subsection B hereof.
B.
Enforcement remedies. Any person, partnership or corporation
who or which has violated the provisions of this chapter, upon being
found liable therefor in a civil enforcement proceeding commenced
by the municipality in District Justice Court, shall pay a judgment
of $1,000 plus all court costs, including reasonable attorney fees
incurred by the municipality as a result thereof. 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 the 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.
