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.
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.
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.
[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.
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.
Magisterial District Judges shall have initial jurisdiction in proceedings brought under § 390-39, Enforcement remedies.
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.
