A.
Any person, partnership, firm, association or corporation who/which, being the owner or agent of the owner of any lot, tract or parcel of land, shall subdivide or develop such lot, tract or parcel, lay out, construct, open or dedicate any street, sanitary sewer, storm sewer, water main or other improvement for public use, travel or other purpose or for the common use of occupants of buildings or premises abutting thereon, or who sells, agrees to sell, transfers or assigns any land in a subdivision or land development or erects any building thereon except in full compliance with an approved and recorded final plan, the regulations established in this chapter and all other applicable laws and ordinances and/or covenants set forth in a developer's agreement or security tendered for completion of required improvements, shall violate this chapter and be subject to enforcement remedies, fines and penalties as prescribed in this article and in Chapter 48, Enforcement and Collection Activities, Article I, Ordinance Enforcement, and Article II, Attorneys' Fees (Ordinance Nos. 96-8 and 96-9), (as the same have been and may in the future be amended).
B.
The regulations established in this chapter, Chapter 29, Part 2, Public and Private Improvements, and in Chapter 116, Stormwater Management, incorporated herein, all conditions imposed upon plan approval and all easements and other rights given to the Township in connection with plan approval shall run with the land and shall bind the developer and all of developer's successors, grantees and assigns. Any person, partnership, firm, association or corporation who/which subdivides, develops, maintains or alters land except in strict compliance with this chapter, other applicable ordinance and the development plan and declarations of easement as approved and recorded shall violate this chapter and be subject to enforcement remedies, fines and penalties as prescribed in this article and in Chapter 48, Enforcement and Collection Activities, Article I, Ordinance Enforcement, and Article II, Attorneys' Fees (Ordinance Nos. 96-8 and 96-9), as the same have been and in the future may be amended.
C.
For purposes of this chapter and the Second Class Township Code,[1] each day a violation occurs or continues shall be deemed
a separate violation, and shall subject the person or entity committing
the violation to fines and other enforcement remedies for each day
such violation continues.
[1]
Editor's Note: See 53 P.S. § 65101 et seq.
D.
The description by metes and bounds in an instrument of transfer
or other document used to sell or transfer property shall not exempt
the seller or transferor from penalties for violation of this chapter
and other applicable regulation.
E.
If a violation involves sale, agreement for sale or transfer of a
lot in violation of this chapter, each lot or transaction shall be
deemed a separate offense.
Any person or entity found in a civil action for enforcement commenced by Millcreek Township to have violated this chapter shall pay a civil fine of $500 per day for each violation, plus all costs and attorneys' fees incurred by the Township in said proceeding. All fines collected for violation of this chapter shall be paid over to the Township. Enforcement proceedings shall be as established for civil enforcement in Chapter 48 and in 53 P.S. § 10515.3, as the same may in the future be amended.
A.
If deemed appropriate in the circumstances, the Township Engineer may issue to a person or entity who/which has committed a violation of this chapter, a plan as approved and/or a developer's agreement an enforcement notice pursuant to Chapter 48, Enforcement and Collection Activities, Article I, Ordinance Enforcement, identifying the nature of the violation and providing time believed by the Engineer to be reasonable in the circumstances for remedy of the violation, prior to commencement of civil enforcement proceedings.[1]
B.
The Board of Supervisors shall not approve a plan application submitted
by or on behalf of a person who is then in violation of any provision
of this chapter or other ordinance, law or regulation pertaining to
the subject or another approved development, until such time as said
violations have been remedied.
C.
In addition to other remedies authorized in this chapter, the Second Class Township Code[2] and other applicable law, the Township may institute and
maintain appropriate actions by law or in equity to restrain, correct
and/or abate violations, to prevent unlawful construction, to recover
damages, fines and costs and to prevent unlawful construction or occupancy
of any building, structure or premises.
[2]
Editor's Note: See 53 P.S. § 65101 et seq.
D.
The Board of Supervisors, itself or through its designated employee,
officer or agent, may refuse to issue any permit, grant any approval
and/or continue pending review of or action on a submitted plan application
necessary to further improve or develop any real property which has
been developed or resulted from a subdivision or development of any
property in violation of any ordinance. This authority shall apply
to any of the following:
(1)
The record owner of the property at the time of such violation;
(2)
The vendee, lessee or agent of the record owner of the property
at the time of such violation, without regard to whether such vendee,
lessee or agent had actual or constructive knowledge of the violation;
(3)
The current record owner of the property who acquired the property
subsequent to the time of violation without regard to whether such
current owner has actual or constructive knowledge of the violation;
(4)
The vendee, lessee or agent of the current record owner of the
property who acquired the property subsequent to the violation without
regard to whether such vendee, lessee or agent has actual or constructive
knowledge of the violation.
E.
As an additional condition to issuance of a permit or the granting
of an approval to any such owner, current owner, vendee, lessee or
agent for the development of such real property, the Board of Supervisors,
itself or through its designated enforcement personnel, may require
compliance with the conditions that would have applied to the property
at the time an applicant acquired an interest therein.
F.
The Board of Supervisors, itself or through the Engineer, may upon
finding that a violation of this chapter has occurred, issue by certified
mail, return receipt requested, notice to the violator to cease and
desist further violation and to remedy all cited violations by a date
set forth in such notice. Pending remedy or cure of such violations,
the Township may in its discretion suspend all reviews, inspections
and other action pending which pertains to such plan or property.
G.
The Township Secretary, Township Engineer, Township Solicitor, Code
Administrator and Enforcement Officer are authorized to initiate and
prosecute enforcement and preventive remedies authorized in this chapter.
The Board of Supervisors may designate other persons to undertake
such actions if it deems such designation appropriate.
H.
Nothing contained in this article shall be construed or interpreted
to grant to any person or entity other than Millcreek Township the
right to undertake or commence any action for enforcement of the regulations
in this chapter.
I.
If the Board of Supervisors should determine that a violation poses
unreasonable risk of harm to the public health, safety or property
and the violation has not been remedied as directed, the Township
may abate such violation and initiate proceedings to recover the cost
from the violator.
