This article outlines the procedures for enforcement and amendment
of this chapter, as well as procedures for challenges and appeals
of decisions rendered under the provisions of this chapter.
The Township Supervisors may, from time to time, amend, supplement,
change, modify, or repeal this chapter by the following process. The
Township Supervisors, by resolution, shall fix the time and place
of a public hearing on the proposed amendment and cause 30 days' notice
thereof to be given as follows:
A.
By publishing a notice not more than 60 days nor less than seven
days prior to the passage of the amendment.
B.
The notice shall state the time and place of the hearing and either
the full text of the amendment or the title and a brief summary, prepared
by the Township Solicitor and setting forth all the provisions in
reasonable detail, according to the provisions of the Section 506
of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10506.
C.
The Township Supervisors shall submit the proposed amendment to the
Chester County Planning Commission for recommendations not less than
30 days prior to the public hearing on the proposed amendment.
D.
Within 30 days after adoption of the amendment, the Township Supervisors
shall forward a certified copy of the amendment to the Chester County
Planning Commission.
In case of an amendment other than that prepared by the Township
Planning Commission, the Township Supervisors shall submit each such
amendment to the Township Planning Commission for recommendations
at least 30 days prior to the public hearing on the proposed amendment.
Proposed amendments to this chapter shall follow the publishing,
advertisement and availability requirements as specified in Section
506 of the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10506.
Any person aggrieved by a finding, decision, or recommendation
of the Township Supervisors pursuant to the administration of this
chapter may appeal any such action as provided for in the Pennsylvania
Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
As an alternative to an adjudicatory appeal proceeding, a party
entitled to appeal a decision of the Township Supervisors under the
provisions of this chapter may request the use of mediation as an
aid in resolving the dispute. Participation in mediation shall be
voluntary by both parties, and shall be conducted as prescribed in
Article IX of the Pennsylvania Municipalities Planning Code.
The Township Supervisors are authorized to enforce the provisions
of this chapter. The Township Supervisors may institute and maintain
appropriate legal proceedings in law or in equity to restrain, correct
or abate violations, including but not limited to requiring compliance
with the provisions of this chapter, to recover damages, and to prevent
the illegal occupancy of a building, structure or premises.
A.
Any person, partnership, or corporation 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 Supervisors,
pay a judgement of not more than $500 plus all court costs, including
reasonable attorneys' fees incurred by the Township Supervisors as
a result thereof. No judgement 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 judgement, the Township Supervisors may enforce the judgement
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 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 Magisterial District
Judge and thereafter each day that a violation continues shall constitute
a separate violation.
B.
In case any building, structure, landscaping or land is, or is proposed
to be, erected, constructed, reconstructed, altered, converted, maintained
or used in violation of this chapter, the Township Supervisors or,
with the approval of the Township Supervisors, an officer of the Township,
or any aggrieved owner or tenant of real property who shows that his
property or person will be substantially affected by the alleged violation,
in addition to other remedies, may institute any appropriate action
or proceeding to prevent, restrain, correct or abate such building,
structure, landscaping or land, or to prevent, in or about such premises,
any act, conduct, business or use constituting a violation. When any
such action is instituted by a landowner or tenant, notice of that
action shall be served upon the Township at least 30 days prior to
the time the action is begun by serving a copy of the complaint on
the Township Supervisors. No such action may be maintained until such
notice has been given.
C.
The description by metes and bounds in the instrument of transfer
or other document used in the process of selling or transferring shall
not exempt the seller or transferor for such penalties or from the
remedies herein provided.
A.
In addition to other remedies, the Township Supervisors may institute
and maintain appropriate actions by law or in equity to restrain,
correct or abate violations, to prevent unlawful construction, to
recover damages and to prevent illegal occupancy of a building, structure
or premises.
B.
The Township Supervisors may 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
or real property in violation of this chapter. The authority to deny
such a permit shall apply to any of the following applicants:
(1)
The owner of record at the time of such violation.
(2)
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.
(3)
The current owner of record who acquired the property subsequent
to the time of violation without regard as to whether such current
owner has actual or constructive knowledge of the violation.
(4)
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.
C.
As an additional condition for issuance of a permit or the granting
of an approval to any such owner, current owner, vendee or lessee
for the development of any such real property, the Township Supervisors
may require compliance with the conditions that would have been applicable
to the property at the time the applicant acquired an interest in
such real property.
No approval shall be granted to any subsequent phase of a development
until all outstanding violations are abated and the project is in
full compliance with this chapter.