Amendments to this chapter shall become effective
only after a public hearing held pursuant to public notice in the
manner prescribed for enactment of a subdivision and land development
ordinance by the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
[Amended 11-23-1992 by Ord. No. 92-15[1]]
A.
Any person, partnership or corporation who or which
has violated the provisions of this ordinance enacted under the Municipalities
Planning Code or prior enabling laws shall, upon being found liable
therefor in a civil enforcement proceeding commenced by a municipality,
pay a judgment of not more than $500 plus all court costs, including
reasonable attorneys' 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 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
the ordinance 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.
B.
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.
C.
Nothing contained in this section shall be construed
or interpreted to grant to any person or entity other than the municipality
the right to commence any action for enforcement pursuant to this
section.
Whenever there is a conflict between minimum
standards or requirements set forth in this chapter and those contained
in other Township ordinances and regulations or other applicable laws
and regulations, the most stringent standard or requirement shall
apply.
A.
The Township Board of Commissioners shall establish,
by resolution, a collection procedure and schedule of fees to be paid
by the developer at the time of filing of the sketch, preliminary
and final plans.
B.
Charges for field inspection, as required by Township
Commissioners for public improvements, shall be based on actual costs
incurred for such inspections.
C.
No final plan shall be approved unless all fees and
charges are paid in full.
The Board of Commissioners may waive any provisions
of this chapter.
