Lancaster Township Subdivision & Land Development Ordinance Page 101
Section 805 Violations
805.01 Any person, partnership, or 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, or dedicate any
street, sanitary sewer, storm sewer, water main, or other improvements for public
use, travel or other purposes or for the common use of occupants of buildings
abutting thereon; or, 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 other
use of a plat of such subdivision or land development or otherwise; or, erect any
building or buildings which constitute a land development thereon; or, 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 Article III of this Ordinance herein unless and until a Final Plan has
been prepared in full compliance with the provisions of this Ordinance and has been
recorded as provided herein; or, 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 a modification; or, fail to comply with any agreement with the Township
relating to development in accordance with a Preliminary Plan or a Final Plan; or, fail
to comply with any note included on an approved Preliminary Plan or Final Plan;
commits a violation of this Ordinance.
805.02 Penalties for Violations
A. Any person who shall violate any of the provisions of this Ordinance shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Township, pay a judgment of not more than five hundred
dollars ($500.00) plus all court costs, including reasonable attorney's 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 a district justice /magisterial district judge. 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/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 Ordinance to have believed that there was no
such violation. If the district justice/magisterial district judge makes a
determination of good faith, there shall be deemed to have been only one (1)
such violation until the fifth (5
th
) day following the date of determination of
a violation by the district justice/magisterial district judge, and thereafter
each day that a violation continues shall constitute a separate violation.
B. The Township may institute and maintain actions at law or in equity to
restrain, correct or abate violations of this Ordinance, to prevent unlawful
construction, to recover damages and/or prevent illegal occupancy of a
building, structure or premises.