A. 
Before voting on the enactment of a proposed Subdivision and Land Development Ordinance, the Borough Council shall hold a public hearing thereon pursuant to public notice. A brief summary setting forth the principal provisions of the proposed ordinance and a reference to the place within the Borough where copies of the proposed ordinance may be secured or examined shall be incorporated in the public notice. Unless the proposed Subdivision and Land Development Ordinance shall have been prepared by the Planning Commission, the Borough Council shall submit the ordinance to the Planning Commission at least 45 days prior to the hearing on such ordinance to provide the Planning Commission an opportunity to submit recommendations. The Borough shall submit the proposed ordinance to the Lehigh Valley Planning Commission at least 45 days prior to the public hearing on the ordinance.
B. 
Within 30 days after adoption, the Borough Council shall forward a certified copy of any amendment to the Subdivision and Land Development Ordinance to the Lehigh Valley Planning Commission.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
Amendments to this chapter shall become effective only after a public hearing held pursuant to public notice in the manner prescribed for enactment of a proposed ordinance by this chapter. In addition, in case of an amendment other than that prepared by the Planning Commission, the Borough Council shall submit each such amendment to the Planning Commission for recommendations at least 30 days prior to the date fixed for the public hearing on such proposed amendment. The Borough, at least 30 days prior to the hearing on the amendment, shall submit the proposed amendment to the Lehigh Valley Planning Commission for recommendations.
B. 
Within 30 days after adoption, the Borough Council shall forward a certified copy of any amendment to the Subdivision and Land Development Ordinance to the Lehigh Valley Planning Commission.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I); this ordinance also deleted former § 22-702, Revision and Amendment, amended 9-17-1990 by Ord. No. 566.
A. 
Proposed subdivision and land development ordinances and amendments shall not be enacted unless notice of proposed enactment is given in the manner set forth in this section and shall include the time and place of the meeting at which passage will be considered, a reference to a place within the Borough where copies of the proposed ordinance or amendment may be examined without charge or obtained for a charge not greater than the cost thereof. The Borough Council shall publish the proposed ordinance or amendment once in one newspaper of general circulation in the Borough not more than 60 days nor less than seven days prior to passage. Publication of the proposed ordinance or amendment shall include either the full text thereof or the title and a brief summary, prepared by the Borough Solicitor and setting forth all the provisions in reasonable detail. If the full text is not included:
(1) 
A copy thereof shall be supplied to a newspaper of general circulation in the Borough at the time the public notice is published.
(2) 
An attested copy of the proposed ordinance shall be filed in the County Law Library or other county office designated by the County Commissioners, who may impose a fee no greater than that necessary to cover the actual costs of storing said ordinances.
B. 
In the event substantial amendments are made in the proposed ordinance or amendment before voting upon enactment, the Borough Council shall, at least 10 days prior to enactment, readvertise in one newspaper of general circulation in the Borough a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments.
C. 
Subdivision and land development ordinances and amendments may be incorporated into official ordinance books by reference with the same force and effect as if duly recorded therein.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 9-17-1990 by Ord. No. 566]
A. 
The Borough Council shall establish, by resolution, a collection procedure and schedule of fees to be paid by the developer at the time of filing of the feasibility, preliminary and final plans, to defray the cost to the Borough of the reasonable and necessary charges by the Borough's professional consultants and Engineer for review and report on the plan(s).
B. 
The Borough Council shall establish, by resolution, a schedule for reimbursement by the developer of the Borough for the reasonable and necessary expenses incurred for inspection of improvements in connection with release of the performance guarantee.
C. 
No final plan shall be approved unless all fees and charges are paid in full.
Every ordinance adopted pursuant to Article V (Subdivision and Land Development) of the Pennsylvania Municipalities Planning Code[2] shall include a provision that, if water is to be provided by means other than by private wells owned and maintained by the individual owners of lots within the subdivision and land development, applicants shall present evidence to the Borough Council or Planning Commission, as the case may be, that the subdivision or development is to be supplied by a certified public utility, a bona fide cooperative association of lot owners, or by a municipal corporation, authority or utility. A copy of the certificate of public convenience from the Pennsylvania Public Utility Commission or an application for such certificate, a cooperative agreement or a commitment or agreement to serve the area in question, whichever is appropriate, shall be acceptable evidence.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: See 53 P.S. §  10501 et seq.
A. 
In addition to other remedies, the Borough 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.
B. 
The Borough 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 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 Borough 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.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Magisterial District Judges shall have initial jurisdiction in proceedings brought under § 390-39, Enforcement remedies.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).[??]
A. 
Any person, partnership or corporation who or which has violated the provisions of any subdivision or land development ordinance enacted under this chapter or prior enabling laws shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough, pay a judgment of not more than $500 plus all court costs, including reasonable attorneys' fees incurred by the Borough as a result thereof. No judgment shall commence or be imposed, levied or payable until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough 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.
B. 
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.
C. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Borough the right to commence any action for enforcement pursuant to this section.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I); this ordinance also deleted former § 22-708, Violations and Penalties, amended 9-17-1990 by Ord. No. 566.