A.
Application fee and deposits. The Board of Supervisors shall establish,
from time to time by resolution, application fees and deposits to
be paid by the applicant/developer at the time of filing the relevant
application under this chapter.
B.
Review fee and expenses. The applicant/developer shall reimburse
the Township for all fees and expenses incurred by the Township related
to a subdivision and/or land development and/or the review of any
application under this chapter, including, but not limited to, the
reasonable and necessary charges by the Township's professional consultants,
the Township Engineer and/or the Township Solicitor for review and
report on an application, subdivision and/or land development under
this chapter and the inspection of improvements related thereto.
A.
It shall be the duty of the Zoning Officer and/or other such duly
authorized representative of the Township, and they are hereby given
the power and authority to enforce the provisions of this chapter.
B.
The Zoning Officer shall require that the application for permits
contain all information necessary to enable him to ascertain whether
the proposed building, alteration or use is located in an approved
subdivision or land development. No permit shall be issued until the
Zoning Officer has determined that the site for the proposed building,
alteration or use complies with all the provisions of this chapter
and conforms to the site description as indicated on the approved
and recorded final plan.
A.
Any person, partnership, 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 and/or dedicate any street, sanitary sewer, storm
sewer, water main or other improvement for public use, travel or other
purposes or for the common use of occupants of buildings abutting
thereon; or who 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 use of a plan of such subdivision or land development
or otherwise; or who erects any building thereon, 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 who performs
construction of the improvements inconsistent with the approved application
or the provisions of this chapter; or who in any other way is in violation
of 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 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 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 determination of a violation
by the District Justice, and thereafter each day that a violation
continues shall constitute a separate violation.
B.
In addition to other remedies, the Township may institute and maintain
appropriate actions at law or in equity to restrain, correct or abate
violations of this chapter, to prevent unlawful construction, to recover
damages and/or to prevent illegal occupancy of a building, structure
or premises.
C.
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.
D.
The Township may further 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 authority to deny
such 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 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 the 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 constructive knowledge
of the violation.
E.
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.
