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Township of Moon, PA
Allegheny County
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Code
New Laws (0) Index
[Ord. 657, 4/9/2015]
1. 
Application Fees 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.
2. 
Review Fees 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.
3. 
Disputes. Any disputes as to fees and expenses shall be resolved in accordance with the MPC.
[Ord. 657, 4/9/2015]
All appeals from decisions of the Board of Supervisors in the administration of this chapter shall be made in accordance with the provisions of the MPC.
[Ord. 657, 4/9/2015]
1. 
Civil Enforcement Remedies.
A. 
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 therefore 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 be payable until the date of the determination of a violation by the magisterial district judge. If the defendant neither pays nor appeals the judgment in a timely manner, 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 5th day following the date of the determination of a violation by the magisterial district judge, and thereafter, each day that a violation continues shall constitute a separate violation. All judgments, costs and reasonable attorney fees collected for the violation of this chapter shall be paid over to the Township Treasurer. A civil enforcement proceeding may be initiated by the Zoning Officer without prior consent of the Board of Supervisors.
B. 
The Court of Common Pleas, 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.
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.
2. 
Preventive Remedies.
A. 
In addition to other remedies, the Township may institute and maintain appropriate actions at 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 consolidated 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 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 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.