No subdivision or land development of any lot, tract, or parcel
of land shall be effected, and no street, sanitary sewer, storm sewer,
water main, or other facilities in connection therewith shall be laid
out, constructed, opened or dedicated for public use and travel or
the common use of occupants of the buildings abutting thereon, except
in strict accordance with the provisions of this chapter.
All persons undertaking any of the following activities shall
comply with the standards and procedures set forth herein:
B.
Construction of the following streets, parking areas, loading and
storage areas:
D.
Earthmoving and grading area exceeding one acre, excluding those
areas associated with on-lot site preparation for single-family and
two-family residential lots, and further excluding agricultural operations.
E.
Any person undergoing the review and approval procedures of this
chapter.
A.
No lot in a subdivision may be sold and no permit to erect, alter
(exterior), or repair any building upon land in a subdivision may
be issued, unless and until a plan of such subdivision shall have
been approved and properly recorded, and until the municipal improvements
required by the Board of Commissioners in connection therewith shall
have been either constructed or guaranteed as hereinafter provided.
B.
No building depending for ingress and egress upon the improvement
of any street or streets, herein provided for, shall be permitted
to be occupied before such improvements are fully completed from a
now existing paved street to and across the front of the lot on which
the building is located and/or to a sufficient depth along the side
of the lot to service any driveway, driveways or parking spaces unless
otherwise approved by the Board of Commissioners.
C.
No building depending upon public water and sewer facilities shall
be permitted to be occupied before such facilities are fully provided
and operational and approval obtained from the respective agency.
A.
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.
B.
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. This authority to deny such a permit
or approval 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 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 the 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 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.
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, 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 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 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 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 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 Township the right
to commence any action for enforcement pursuant to this section.
D.
District Justices shall have initial jurisdiction in proceedings
brought under this section.
