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.
A.
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 amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
B.
In the case of an amendment other than that prepared by the Planning
Commission, the Board of Supervisors shall submit each amendment to
the Planning Commission for recommendations at least 30 days prior
to the date of the public hearing on such proposed amendment.
A.
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 Board of Supervisors,
to be unreasonable or to cause undue hardship as it applies to a particular
property or if the applicant shows that an alternative proposal will
allow for equal or better results, the Board of Supervisors may grant
a waiver from such mandatory provision so that substantial justice
may be done and the public interest secured while permitting the reasonable
utilization of the property. However, the granting of a waiver shall
not have the effect of making null and void the intent and purpose
of this chapter.
B.
In granting waivers, 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.
The decision of the Board of Supervisors with respect to the
approval or disapproval of plans may be appealed, as provided for
in the Pennsylvania Municipalities Planning Code, Act 247 of 1968,
as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
[Amended 6-14-1990 by Ord. No. 90-07]
A.
In addition to other remedies, the Board of Supervisors 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 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.
B.
The Board of Supervisors 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:
(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. 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 Board
of Supervisors 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.
C.
Jurisdiction. District Justices shall have initial jurisdiction in
proceedings brought under this chapter.
D.
Enforcement remedies.
(1)
Any person, partnership or corporation who or which has violated
the provisions of this chapter, upon being found liable therefor in
a civil enforcement proceeding commenced by the Board of Supervisors,
shall 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 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 procedures. 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 believe 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.
(2)
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.
(3)
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.
E.
No applicant shall proceed with any site grading or construction of improvements prior to recordation of a final plan as specified in § 121-10G, unless such grading or construction is for the sole purpose of installing the public improvements as prescribed in an unconditionally approved preliminary plan in accordance with § 121-9E.
F.
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 filed with the York 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.
A.
Whenever there is a difference between the minimum applicable standard
specified herein and those included in other applicable regulations,
the more stringent requirement shall apply.
B.
This chapter, enacted on April 20, 1978, as amended, is hereby amended;
provided, however, that the amendment shall in no manner be construed
as a waiver, release or relinquishment of the right to initiate, pursue
or prosecute, as the case may be, any proceeding at law or in equity,
including criminal proceedings, pertaining to any act done which would
have constituted a violation of this chapter or its applicable predecessor
ordinances and regulations, and all provisions of said repealed ordinances
shall remain in full effect and force, and not repealed hereby, as
they pertain to said acts.
