This article outlines the procedures for enforcement and amendment of this chapter, as as procedures for challenges and appeals of decisions rendered under this chapter.
A. 
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety and general welfare of the residents of the Township.
B. 
In interpreting the language of this chapter to determine the extent of the restriction upon the use of the property, the language shall be interpreted, where doubt exists as to the intended meaning of the language written and enacted by the governing body, in favor of the property owner and against any implied extension of the restriction.
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 in the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as reenacted and amended by Act 170 of 1988, and as subsequently amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
The provisions of this chapter are intended as minimum standards for the protection of the public health, safety and welfare. The Board of Supervisors may modify any mandatory provision of these regulations in accordance with the provisions of § 135-14.
The decision of the Board of Supervisors may be appealed, as provided for in the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as reenacted and amended by Act 170 of 1988, and as subsequently amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
The Township shall impose fees and charges to recover all costs incurred in the administration of this chapter and such other review of plans that come before the Planning Commission and/or the Board of Supervisors. All fees and charges shall be adopted by resolution. These fees shall include, but not be limited to, an application fee; fees for the review of the plans, studies, financial security, and associated documentation by the Township Engineer, Township Solicitor or other professional consultant; fees for the inspection of improvements installed in connection with development authorized by a plan; and fees for the acceptance of dedication of improvements.
[Amended 11-19-2012 by Ord. No. 2012-O]
B. 
Filing fees shall be reasonable and in accordance with the ordinary and customary charges by the Township Engineer, Township Solicitor, or consultant for similar service in the community. In no event will these fees exceed the rate or cost charged by the Township Engineer, Township Solicitor, or consultant to the municipality when fees are not reimbursed or otherwise imposed on applicants.
C. 
In the event the applicant disputes the amount of any such filing fee, the applicant shall, within 14 days of the applicant's receipt of the bill, notify the Board of Supervisors that such fees are disputed, in which case the Township will not delay or disapprove a subdivision or land development application due to the applicant's request over disputed fees.
D. 
In the event that the Township and the applicant cannot agree on the amount of the fee which is reasonable and necessary, then the applicant and the Township shall follow the procedure for dispute resolution set forth in Section 510(g) of the Pennsylvania Municipalities Planning Code,[1] provided that the professionals resolving such dispute shall be of the same profession or discipline as the consultants whose fees are being disputed.
[1]
Editor's Note: See 53 P.S. § 10510(g).
Unless and until a final plan has been prepared in full compliance with the provisions of this chapter and has been recorded as provided herein, 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 do any of the following: 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 before recording of a final plan, unless such grading or construction is for the sole purpose of installing improvements as prescribed in § 135-21, or who or which, in any other 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 § 135-86.
A. 
Magisterial District Judges shall have initial jurisdiction in proceedings brought under this chapter.
B. 
In addition to other remedies, the Township 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. The description by metes and bounds in the instrument of transfer, or other documents used in the process of selling or transferring, shall not exempt the seller or transferor from such penalties or from the remedies herein provided.
C. 
The Township 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 of real property in violation of this chapter. The authority to deny such a permit or approval shall apply to any of the following:
(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 had 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 had 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.
D. 
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 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.
E. 
Any person, partnership or corporation who, or which, has violated the provisions of this chapter, upon being found liable thereof in a civil enforcement proceeding commenced by the Township, must pay a judgment of not more than $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 be 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 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.
F. 
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.
G. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity, other than the Township, the right to commence any action for enforcement pursuant to this section.
H. 
No person shall proceed with any site grading or construction of improvements prior to recordation of a final plan, unless such grading or construction is for the sole purpose of installing the public improvements as prescribed in § 135-21.
I. 
No deeds shall be executed or recorded for lots, nor shall the construction of any structure be initiated, before the Board of Supervisors has approved the final plan, and such plan is recorded with the office of the Adams County Recorder of Deeds.
The Township shall keep an accurate public record of its findings, decisions and recommendations relevant to all applications filed with it for review or approval.
Whenever there is a difference between the standards specified herein and those included in other applicable regulations, the more stringent requirement shall apply.
An approval issued in violation of the provisions of this chapter is void without the necessity of any proceedings for revocation. Any work undertaken pursuant to such an approval is unlawful. No action may be taken by a board, agency, or employee of the Township purporting to validate such a violation.
The developer shall be responsible for observing the procedures established in this chapter and for submitting all plans and documents as may be required.
This chapter shall not affect any act done or any offense committed prior to its effective date, nor affect any action to enforce any prior ordinance or to punish any offense against a prior ordinance.