A.
The Board of Township Supervisors shall have the duty
and authority for the administration and general enforcement of the
provisions of this chapter, as specified or implied herein.
B.
Officials of the Township having regulatory duties
and authorities connected with or appurtenant to the subdivision,
use or development of land shall have the duties and authorities for
the controlling enforcement of the provisions of this chapter, as
specified or implied herein or in other ordinances of the Township.
C.
Permits required by the Township, for the erection
or alteration of buildings, the installation of sewers or sewage disposal
systems, or for other appurtenant improvements to, or use of, the
land, shall not be issued by any Township official responsible for
such issuance until he/she has ascertained that the site for such
building, alteration, improvement or use is located in a subdivision
approved and publicly recorded in accordance with the provisions of
this chapter regulating the subdivision and development of land.
D.
Also, such permits shall be issued only after it has
been determined that the site for such building alteration, improvement
or use conforms to the site description indicated by the approved
and recorded final plan or other land description acceptable in accordance
with the provisions of this chapter, and that it is in compliance
with all applicable provisions of this chapter.
E.
If the building permit is issued erroneously or prior
to proper approval, it is void.
F.
The Sewage Enforcement Officer shall require that
applications for sewage disposal system permits contain all the information
for him/her to ascertain that the site for the proposed system is
acceptable in accordance with the provisions of this chapter, and
the rules and regulations of the Pennsylvania DEP and any requirement
of the Township pertaining to the issuance of such permit.
[Amended 11-10-2009 by Ord. No. 2009-3]
G.
Preventive remedies.
(1)
In addition to other remedies, the Township may institute
and maintain appropriate actions by law or 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.
(2)
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 Township's authority
to deny such a 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 as 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 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 the violation
without regard as to whether such vendee or lessee had actual or constructive
knowledge of the violation.
(3)
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 property.
A.
Before voting on the enactment of an amendment, the
Board of Township Supervisors shall hold a public hearing thereon,
pursuant to public notice. Notice shall be given as follows:
(1)
Publication of the notice in a newspaper of general
circulation in the Township. Said notice shall be published one time
each week for two successive weeks. The first publication shall not
be more than 30 days and the second publication shall not be less
than seven days before the date of the hearing.
B.
In addition, in the case of an amendment other than
that prepared by the Township Planning Commission, the Board of Township
Supervisors shall submit each such amendment to the Planning Commission
for recommendations at least 30 days prior to the date fixed for the
public hearing on such proposed amendment.
C.
In addition, at least 30 days prior to the hearing
on the amendment, the Township shall submit the proposed amendment
to the County Planning Commission for recommendations.
A.
Proposed chapter amendments shall not be enacted unless
notice of proposed enactment is given in the manner set forth in this
section, and shall include the time and place of the meeting at which
passage will be considered, a reference to a place within the Township
where copies of the proposed amendment may be examined without charge
or obtained for charge not greater than the cost thereof. The Board
of Township Supervisors shall publish the proposed amendment once
in one newspaper of general circulation in the Township not more than
60 days nor less than seven days prior to passage. Publication of
the proposed amendment shall include either the full text thereof
or the title and a brief summary, prepared by the Township Solicitor
and setting forth all the provisions in reasonable detail. If the
full text is not included:
(1)
A copy thereof shall be supplied to a newspaper of
general circulation in the Township at the time the public notice
is published.
(2)
An attested copy of the proposed ordinance shall be
filed in the county law library or other county office designated
by the county commissioners, who may impose a fee no greater than
that necessary to cover the actual costs of storing said ordinance.
B.
In the event substantial amendments are made in the
proposed amendment, before voting upon enactment, the Board of Township
Supervisors shall at least 10 days prior to enactment readvertise,
in one newspaper of general circulation in the Township, a brief summary
setting forth all the provisions in reasonable detail together with
a summary of the amendments.
C.
Subdivision and land development amendments may be
incorporated into official ordinance books by reference with the same
force and effect as if duly recorded therein.
D.
Within 30 days after adoption, the Township shall
forward a certified copy of any amendment to this chapter to the County
Planning Commission.
A.
Jurisdiction. Magisterial District Judges having territorial jurisdiction over East Manchester Township shall have initial jurisdiction over proceedings brought under § 208-78B.
B.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which
has violated or permitted the violation 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 attorneys' 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 Judged and thereafter each day that a violation continues
shall constitute a separate violation. All judgments, costs and reasonable
attorneys' fees collected for the violation of this chapter shall
be paid over to the Township.
(2)
The Court of Common Pleas of York County, upon petition,
may grant an order of stay, upon cause shown, tolling the per diem
fine pending a final adjudication of the violation and judgment.
(3)
Nothing contained in this section shall be construed
or interpreted to grant any person or entity other than the Township
the right to commence any action at law and/or at equity for enforcement
pursuant to this section.
A.
Parties to proceedings authorized in this chapter
may utilize mediation as an aid in completing such proceedings. Mediation
shall supplement, not replace, those procedures in this chapter once
they have been formally initiated. Nothing in this section shall be
interpreted as expanding or limiting municipal police powers or as
modifying any principles of substantive law.
B.
Participation in mediation shall be wholly voluntary.
The appropriateness of mediation shall be determined by the particulars
of each case and the willingness of the parties to negotiate. The
Township shall assure that in each case, the mediating parties, assisted
by the mediator as appropriate, develop terms and conditions for:
(1)
Funding mediation.
(2)
Selecting a mediator who, at a minimum, shall have
a working knowledge of municipal zoning and subdivision procedures
and demonstrated skills in mediation.
(3)
Completing mediation, including time limits for such
completion.
(4)
Suspending time limits otherwise authorized in this
chapter and the PA Municipalities Planning Code,[1] provided there is written consent by the mediating parties,
and by an applicant or municipal decisionmaking body if either is
not a party to the mediation.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
(5)
Identifying all parties and affording them the opportunity
to participate.
(6)
Subject to legal restraints, determining whether some
or all of the mediation sessions shall be open or closed to the public.
(7)
Assuring that mediated solutions are in writing and
signed by the parties, and become subject to review and approval by
the appropriate decisionmaking body pursuant to the authorized procedures
set forth in the PA Municipalities Planning Code.
C.
No offers or statements made in the mediation sessions,
excluding the final written mediated agreement, shall be admissible
as evidence in any subsequent judicial or administrative proceedings.
