This article outlines the procedures for enforcement and amendment
of this chapter, as well as procedures for challenges and appeals
of decisions rendered under this chapter.
Any revisions, modifications, or amendments to this chapter
shall be made in accordance with the procedures established by the
MPC.
B.
The provisions of these regulations are intended as a minimum standard
for the protection of the public health, safety, and welfare. If the
literal compliance with any mandatory provision of these regulations
is shown by the applicant, to the satisfaction of the majority of
the members of the Board of Supervisors present at a scheduled meeting,
to create an undue hardship or appears to be unreasonable as it applies
to a particular property or that an alternative proposal will allow
for equal or better results, the Board of Supervisors may grant a
modification from such mandatory provision, so that substantial justice
deemed necessary and advisable may be done and the public interest
secured while permitting the reasonable utilization of the property.
The granting of a modification shall not have the effect of making
null and void the intent and purpose of this chapter.
C.
In granting modifications, the Board of Supervisors may impose such
conditions as will, in its judgment, secure substantially the objectives
of the standards and requirements of this chapter.
Any person aggrieved by a finding, decision, or recommendation
of the Board of Supervisors with respect to the approval or disapproval
of a plan or modification request may appeal in either of two ways
specified below:
A.
The decision may be appealed, as provided for in the MPC.
B.
The decision may be appealed to the Board of Supervisors, in writing,
within 10 days after the date of action of the Board of Supervisors.
Upon receipt of such appeal and after proper notification of any parties
in interest, the Board of Supervisors may affirm, modify, or reverse
the previous action by a recorded vote. The findings and reasons for
the disposition of the appeal shall be stated on the records of the
Township and a copy shall be given to the party who has made the appeal.
This decision may be further appealed as provided for in the MPC.
The appeal period shall start immediately after the final decision
of the Board of Supervisors on the appeal.
A.
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 lay out, construct, open, or dedicates any street, sanitary sewer, storm sewer, water main, or other improvements for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon; or sells, transfers or agrees or enters into an agreement to sell any land in a subdivision or land development whether by reference to or by other use of a plat of such subdivision or land development or otherwise; or erects any building or buildings which constitute a land development thereon; or commences site grading or construction of improvements prior to recording of a final plan unless such grading or construction is for the sole purpose of installing improvements as prescribed in Article III of this chapter herein 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; or fails to comply with any condition imposed upon approval of a preliminary plan or a final plan or any condition imposed upon the granting of a modification; or fails to comply with any agreement with the Township relating to development in accordance with a preliminary plan or a final plan; or fails to comply with any note included on an approved preliminary plan or final plan commits a violation of this chapter.
B.
Penalties for violations.
(1)
Any person who shall violate any of the provisions of this chapter
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than $500 plus
all court costs, including reasonable attorney's 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 a District Justice/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 District Justice/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.
If the District Justice/Magisterial District Judge makes a determination
of good faith, there shall be deemed to have been only one such violation
until the fifth day following the date of determination of a violation
by the District Justice/Magisterial District Judge, and thereafter
each day that a violation continues shall constitute a separate violation.
(2)
The Township may institute and maintain actions at law or in
equity to restrain, correct or abate violations of this chapter, to
prevent unlawful construction, to recover damages and/or prevent illegal
occupancy of a building, structure or premises.
(3)
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 or land development
of real property in violation of this chapter. The authority to deny
such permit or approval shall apply to any of the following applicants:
(a)
The owner of record at the time of such violation.
(b)
The vendee or lessee of the owner of record at the time of such
violation without regard to whether such vendee or lessee had actual
or constructive knowledge of the violation.
(c)
The current owner of record who acquired the property subsequent
to the time of the violation without regard as to whether such current
owner had actual or constructive knowledge of the violation.
(d)
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 constructive knowledge
of the violation.
(4)
As an additional condition for the 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 estate.
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 from such penalties or from the
remedies herein provided.
D.
No applicant shall proceed with any site grading or construction
of improvements prior to recordation of a final plan as specified
in this chapter, unless such grading or construction is undertaken
in accordance with this chapter. No deeds shall be executed or recorded
for lots, nor shall the construction of any structure be initiated,
before the Township has approved the final plan and such plan is filed
with the Lancaster 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.
Should any article, section, subsection or provision of this
chapter be declared by a court of competent jurisdiction to be invalid,
such decisions shall not affect the validity of the Ordinance as a
whole or of any other part thereof.
This chapter shall become effective five days after its adoption
by the Board of Township Supervisors of Lancaster Township, County
of Lancaster, Commonwealth of Pennsylvania.
