It shall be the duty of the properly authorized official of
Peters Township to administer the provisions of this chapter and enforce
the decisions of the Council made hereunder, and to report any violations
thereof to the Council. Such official shall carry the title of "Subdivision
and Land Development Officer" and shall be the Planning Director or
a member of the Planning Department appointed by the Director.
A.
Fees.
(2)
Said schedule of fees and escrows shall be available in the Planning
Department.
(3)
The fees for engineering review and construction inspection shall
not exceed the rates charged to the Township by the Municipal Engineer
for review, reports and construction inspections, as established annually.
If the applicant has any dispute with the fees charged by the Municipal
Engineer, the procedure in §§ 503(1) and 510(g) of
the Pennsylvania Municipalities Planning Code shall be followed.[2]
[2]
Editor's Note: See 53 P.S. §§ 10503(1) and
10510(g).
(4)
No final plat shall be released for recording unless all fees and
charges are paid in full.
C.
Liability for damages to Township roads. Where any Township road,
including the paved area, gutters, utilities and the right-of-way,
is hereafter damaged in any manner whatsoever, the person or persons
directly responsible for said damage, the subcontractor and/or general
contractor for whom said person or his superiors work, or with whom
they have contracted, shall be jointly and severally liable for any
and all damage to said Township roads and shall repair said damage
within 90 days of any written demand by the Township. All repairs
shall meet Township standards and shall be subject to Township inspection.
D.
Violations of these regulations. Any person, firm, corporation or
agent thereof who shall subdivide or develop any lot, tract or parcel
of land, lay out, construct, open or dedicate any street, sanitary
sewer, storm sewer or water main, for public use or travel, or for
the common use of occupants of buildings abutting thereon; sell any
lot or erect any building in a subdivision or development without
first having complied with all the provisions of this chapter, shall
be guilty of a misdemeanor and upon conviction thereof, shall be responsible
as provided by § 515.1 of the Municipalities Planning Code.[3]
[3]
Editor's Note: See 53 P.S. § 10515.1.
E.
Preventive remedies.
(1)
In addition to other remedies, the municipality 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.
(2)
The municipality 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 applicant as specified in § 515.1(b)
of the Municipalities Planning Code.[4] 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 municipality
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.
[4]
Editor's Note: See 53 P.S. § 10515.1(b).
F.
Enforcement remedies.
(1)
Magisterial District Judges shall have initial jurisdiction in proceedings
brought against any person, partnership or corporation which has violated
the provisions of this chapter. Upon being found liable therefor in
a civil enforcement proceeding commenced by the Township, the violator
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.
Judgment shall commence, be imposed, levied or payable as provided
by § 515.3 of the Municipalities Planning Code.[5] No person nor entity other than the Township has the right
to commence such action for enforcement.[6]
(2)
In addition to any remedies and penalties provided by the Municipalities
Planning Code for a violation of the Peters Township Subdivision and
Land Development Ordinance, the Township may also seek remedies and
penalties under the applicable Pennsylvania statutes or regulations
of any violation relating to an erosion/sedimentation plan or permit
(25 Pa. Code Chapter 102); dam water obstruction or encroachment permit
granted by the Pennsylvania Department of Environmental Protection
(Dam Safety and Encroachment Act, 32 P.S. § 693.1 to 693.27);
or stormwater management controls (Stormwater Management Act; 32 P.S.
§ 680.1 et seq.).
All appeals and challenges to these regulations shall be made
in accordance with the procedures set forth in Article X-A of the
Municipalities Planning Code.[1]
[1]
See 53 P.S. § 11001-A et seq.
A.
Any amendments to this chapter shall become effective only after
a public hearing held by the Council pursuant to public notice. Such
notice shall contain 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 a charge not greater than the cost thereof.
B.
The Council shall publish the proposed amendment once in a 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:
C.
Amendments not prepared by the Planning Commission of Peters Township
shall be submitted to the Planning Commission for recommendations
at least 30 days prior to the date fixed for the public hearing and
to the County Planning Commission for its recommendations.
D.
In the event substantial amendments are made in the proposed ordinance
amendment, before voting upon enactment, the Council 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.
E.
Within 30 days after adoption, the Council shall forward a certified
copy of the amendment to the Washington County Planning Commission.
F.
Amendments may be incorporated into official ordinance books by reference
with the same force and effect as if duly recorded therein.
