Preston Township Wayne County - Shepstone Management Company

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§ 47 Fees subdivision or land development of adjacent property, nor be detrimental to the public welfare. 46.2.5 That the modification, if authorized, will represent the minimum modification that will afford relief and will represent the least modification possible of the regulations in issue. 46.2.6 In granting any modification, the Board of Supervisors may attach such conditions and safeguards as it may deem necessary. The Board of Supervisors shall from time to time adopt a schedule of fees to defray a portion of the expenses associated with processing applications. Such fees may include engineering and planning review fees and the inspection fees associated with improvements. All fees shall be submitted by applicants with their applications, including estimated payments in advance for all review fees and associated professional expenses, actual costs to be assessed and settled prior to final approvals or release of financial guarantees. § 48 Enforcement In addition to those who may, by law, have the authority to enforce and/or prosecute, it is specifically designated that it shall be the duty of the Board of Supervisors to administer this Ordinance. § 49 Preventive Remedies Preston Township, Wayne County Subdivision and Land Development Ordinance 49.1 In addition to other remedies, Preston 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. 49.2 Preston 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 any ordinance adopted pursuant to this article. This authority to deny such a permit or approval shall apply to any of the following applicants: 49.2.1 The owner of record at the time of such violation. 49.2.2 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. 49.2.3 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. Page 71 of 73
49.2.4 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, Preston 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. § 50 Enforcement Remedies 50.1 Any person, partnership or corporation who or which has violated the provisions of the Subdivision or Land Development Ordinance of Preston Township or any related Ordinance enacted under the Pennsylvania Municipalities Planning Code or prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by Preston Township, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by Preston 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, Preston 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 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 District Justice and thereafter each day that a violation continues shall constitute a separate violation. 50.2 The Court of Common Pleas, of Wayne County. Pennsylvania, 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. 50.3 Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than Preston Township the right to commence any action for enforcement pursuant to this section. § 51 Jurisdiction The duly designated District Justice having authority in and for Preston Township, Wayne County, Pennsylvania, shall have initial jurisdiction in proceedings brought under this Ordinance. § 52 Continuation Preston Township, Wayne County Subdivision and Land Development Ordinance The modification or repeal of any prior ordinance, resolution, or regulation by this Ordinance shall not annul or otherwise relieve any party from any permit issued, condition imposed, approval granted, approval denied, order issued, or violation, penalty, or other liability incurred pursuant to such affected ordinance, resolution, or regulation. Page 72 of 73
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Preston Township Wayne County SUBDI
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Preston Township, Wayne County Subd
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approved by the Board of Supervisor
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10.3.2 The location and proposed la
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y the most recent deed and tax reco
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The original plus six (6) copies of
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Preston Township Wayne County - Shepstone Management Company

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