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. 
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the health, safety and general welfare of the residents of the Township.
B. 
In interpreting the language of this chapter, to determine the extent of the restriction upon the use of the property, the language shall be interpreted where doubt exists as to the intended meaning of the language written and enacted by the governing body in favor of the property owner and against any implied extension of the restriction.
The Board of Supervisors may amend this chapter in accordance with requirements of the MPC.
The provisions of this chapter are intended as minimum standards for the protection of the public health, safety and welfare. The Board of Supervisors may modify any mandatory provision of these regulations in accordance with the provisions of § 430-14.
Decisions of the Board of Supervisors may be appealed in accordance with Article X-A of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 11001-A et seq.
The Township may impose fees and charges to recover all costs incurred in the administration of this chapter. All fees and charges may be adopted by resolution or ordinance. These fees may include, but not be limited to, an application fee; fees for the review of the plans, studies, financial security and associated documentation by the Township Engineer, Township Solicitor or other professional consultant; fees for the inspection of improvements installed in connection with development authorized by a plan; and fees for the acceptance of dedication of improvements.
A. 
Any person, partnership, limited liability company, corporation or other entity, or the members of such partnership, limited liability company or other entity, or the officers of such corporation or other entity, who or which, being the owner or agent of the owner of any lot, tract or parcel of land, shall:
(1) 
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 without full compliance with the provisions of this chapter; or
(2) 
Sell, transfer or agree to enter into an agreement to sell or transfer 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 without full compliance with the provisions of this chapter; or
(3) 
Erect any building or buildings which constitute a land development thereon without full compliance with the provisions of this chapter; or
(4) 
Commence site grading or construction of improvements prior to recording of a final plan unless such grading or construction is for the sole purpose of installing improvements as prescribed in § 430-19 herein, 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
(5) 
Fail to comply with any condition imposed upon approval of a preliminary plan or a final plan or any condition imposed upon the granting of any waiver; or
(6) 
Fail to comply with any agreement with the Township or any provider of water or sewer service relating to development in accordance with a preliminary plan or a final plan; or
(7) 
Fail to comply with any note included on an approved preliminary plan or final plan commits a violation of this chapter.
B. 
Any person, partnership, limited liability company, corporation or other entity, or the members of such partnership, limited liability company or other entity, or the officers of such corporation or other entity, who or which, being the owner or agent of the owner of any lot, tract or parcel of land, shall construct or permit the construction of any improvement or develop or permit the development of any property in a manner which does not fully comply with the approved preliminary plan or final plan, as applicable, commits a violation of this chapter.
C. 
Any person, partnership, limited liability company, corporation or other entity, or the members of such partnership, limited liability company or other entity, or the officers of such corporation or other entity, who or which, being the owner or agent of the owner of any lot, tract or parcel of land, shall knowingly provide false information on any plan, report, certification or other document required to be submitted by this chapter commits a violation of this chapter.
D. 
Any person, partnership, limited liability company, corporation or other entity, or the members of such partnership, limited liability company or other entity, or the officers of such corporation or other entity, who or which, being the owner or agent of the owner of any lot, tract or parcel of land, in any other way takes action or permits another to take action not authorized by this chapter or contrary to the provisions of this chapter commits a violation of this chapter.
A. 
Magisterial District Judges shall have initial jurisdiction in proceedings brought under this chapter.
B. 
In addition to other remedies, the Township 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.
C. 
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 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.
D. 
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.
E. 
Any person, partnership or corporation who or which has violated the provisions of this chapter, upon being found liable thereof in a civil enforcement proceeding commenced by the Township, must pay a judgment of not more than $500, as provided for in the MPC, 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 timely appeals the judgment, the municipality 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 the ordinance 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 Judge and thereafter each day that a violation continues shall constitute a separate violation.
F. 
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.
G. 
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.
H. 
No person shall proceed with any site grading or construction of improvements prior to recordation of a final plan, unless such grading or construction is for the sole purpose of installing the public improvements as prescribed in § 430-13H, Compliance with recommendations of the Township Staff Review Committee or Planning Commission.
I. 
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 recorded with the 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.
Should any section, subsection or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decisions shall not affect the validity of the chapter as a whole, or of any other part thereof.
Whenever there is a difference between the standards specified herein and those included in other applicable regulations, the more stringent requirement shall apply.
The Hellam Township Subdivision and Land Development Ordinance of 1996 and all amendments to such ordinance are hereby expressly repealed; provided, however, that the provisions of the Hellam Township Subdivision and Land Development Ordinance of 1996 and all amendments thereto shall be applied to all subdivision and land development applications and plans to which such provisions are applicable under the requirements of Section 508(4) of the MPC;[1] and provided further that nothing in this chapter shall be construed to affect any suit or proceeding pending in any court, or any rights acquired or liability incurred, or any permit issued or approval granted or any cause or causes of action arising prior to the enactment of this chapter. All ordinances and parts of ordinances and all resolutions and parts of resolutions which are inconsistent herewith by virtue of references to or incorporation of requirements contained in the Hellam Township Subdivision and Land Development Ordinance of 1996 or an amendment thereto shall, as nearly as possible, be construed to reference this chapter.
[1]
Editor's Note: See 53 P.S. § 10508(4).
An approval issued in violation of the provisions of this chapter is void without the necessity of any proceedings for revocation. Any work undertaken pursuant to such an approval is unlawful. No action may be taken by a board, agency, or employee of the Township purporting to validate such a violation.