A.
The Board of Supervisors shall have the duty and authority
for the administration and general enforcement of the provisions of
this chapter, as specified or implied herein. Officials of the Township
having regulatory duties and authorities connected with or appurtenant
to the subdivision, use or development of land shall have the duties
and authorities for the controlling of enforcement of the provisions
of this chapter, as specific or implied herein or in other ordinances
of the Township.
B.
Permits required by the Township, for the erection
or alteration of buildings, the installation of sewers or sewage disposal
systems, or for other appurtenant improvements to, or use of, the
land, shall not be issued by any Township official responsible for
such issuance until he has ascertained that the site for such building,
alteration, improvement or use is located in a subdivision approved
and publicly recorded in accordance with the provisions of this chapter
regulating the subdivision of land. Also, such permits shall be issued
only after it has been determined that the site for such building,
alteration, improvement or use conforms to the site description as
indicated by the approved and recorded final plat or other land description
acceptable in accordance with the provisions of this chapter, and
that it is in compliance with all applicable provisions of this chapter.
If the building permit is issued erroneously or prior to proper approval,
it is void.
C.
The Sewage Enforcement Officer (SEO) shall require
that applications for sewage disposal system permits contain all the
information for the SEO to ascertain that the site for the proposed
system is acceptable in accordance with the provisions of this chapter,
and the Rules and Regulations of the Department of Environmental Protection
and any requirements of the Township pertaining to the issuance of
such permits.
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, Act 247, as amended Act 93, 1972, Article V, Section 505.[1]
[1]
Editor's Note: See 53 P.S. § 10105.
A.
Any person, partnership or corporation who or which
has violated the provisions of any subdivision or land development
ordinance enacted under this act 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 attorney fees incurred by the municipality
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 municipality 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 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 District Justice 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.
All ordinances or parts of ordinances inconsistent
herewith are hereby repealed. Nothing in this chapter hereby adopted
shall be construed to affect any suit or proceeding now pending in
any court, or any rights accrued, or liability incurred, or any cause
or causes of action accrued any right or remedy of any character be
lost, impaired or affected by this chapter.
In any case where a provision of this chapter
is found to conflict with the provision of a zoning, building, fire,
safety or health ordinance or code of this Township or law, rule or
regulation of the Commonwealth of Pennsylvania, the provision which
established the higher standard for the promotion and protection of
the health and safety of the people shall prevail. In any case where
a provision of this chapter is found to be in conflict with the provisions
of another ordinance or code of this municipality or law, rule or
reregulation of the Commonwealth of Pennsylvania which established
a lower standard for the promotion and protection of the health and
safety of the people, the provisions of this chapter shall be deemed
to prevail, and such other ordinances or codes are hereby declared
to be repealed to the extent that they may be found in conflict with
this chapter.
