A.
Borough Manager. The Borough Manager, with the assistance
of the Commission Engineer and Commission Planner, shall act as the
administrative officer of the Commission and borough governing body.
The Borough Manager shall receive and examine all subdivisions in
the name of the Commission and borough governing body and shall refer
copies of all such plans and applications to appropriate agencies
or officials involved. The Borough Manager shall also receive information
from such agencies or officials and shall transmit these comments
to the Commission and borough governing body. The Borough Manager
shall keep records of all applications and plans and of actions taken
by the Commission and borough governing body on such applications
and plans. The Commission Engineer, at the request of the Borough
Manager or the borough governing body, shall make all required inspections
called for in this chapter. The Borough Manager shall also inform
the subdivider and the borough governing body of any violations of
this chapter which shall become known to him/her.
B.
Planning Commission. The Commission, with the assistance
of the Borough Manager, Commission Engineer and Commission Planner,
shall:
(1)
Review all plans to determine conformity with this
chapter.
(2)
Hold necessary public hearings.
(3)
Approve, approve with conditions or disapprove all
plans submitted.
(4)
Grant any necessary modifications, variances or waivers.
(5)
Perform all other duties required under this chapter,
except that any final plan approval or granting of modifications,
variances or waivers shall not become effective until they are also
approved by the borough governing body.
C.
Borough governing body. The borough governing body,
after notification of final approval of any subdivision or land development,
shall take action to approve, approve with conditions or disapprove
said plan as required herein. After approval by the borough governing
body of any final plan, the Borough Manager, Solicitor and Commission
Engineer shall be directed to take necessary action relative to the
acceptance of dedication of any public right-of-way or area shown
on the plan and relative to the execution of the development agreement
with the subdivider.
D.
Subdivision records. The Borough Manager shall keep
a record of the findings, decisions and recommendations relative to
all subdivision plans and applications filed for approval. Such records
shall be open to the public for review.
A.
Variances and modifications.
(1)
The Commission, subject to final approval by the borough
governing body, may grant the following modifications and variances,
subject to such conditions which will, in its judgment, secure substantially
the objectives of the standards or requirements so varied or modified.
(a)
Variances. The Commission may grant a variance
to the provisions contained herein where, by reason of the size or
exceptional shape of a specific piece of property or of exceptional
topographic conditions, the strict application of this chapter would
result in extreme practical difficulties and undue hardship upon the
owner of such property; provided, however, that such relief may only
be granted without detriment to the public good and without substantially
impairing the intent and purposes of this chapter.
(b)
Modification of required improvements. The Commission may, subject to appropriate conditions, waive the provisions of any or all of the required improvements specified in Article III which, in its opinion, are not required in the interest of the public health, safety and general welfare or which are inappropriate because of the inadequacy of connecting facilities.
(2)
The standards and requirements of this chapter may
be modified by the Commission in the case of plans for complete communities
or neighborhood units or other large-scale developments or planned
residential or unit developments which, in the judgment of the Commission,
achieve substantially the objectives of the regulations contained
herein and which are further protected by such covenants or other
legal provisions as will assure conformity to and achievement of the
plan.
B.
Reconsideration and appeals to Commission. Any subdivider
aggrieved by a finding, decision or recommendation of an official
may request and receive opportunity to appear before the Commission,
present additional relevant information and request reconsideration
and/or appeal of the original finding, decision or recommendation.
C.
Procedure for applying. Applications for modification,
variances and appeals to the Commission shall be submitted in writing.
The application shall state fully the grounds and all the facts relied
upon by the applicant. The Commission shall act upon such applications
within a period of 45 days.
D.
Appeals to court. The decisions of the Commission
and/or borough governing body with respect to the approval or disapproval
of plans may be appealed directly to court, as provided for in the
Pennsylvania Municipalities Planning Code, Pennsylvania Act No. 247
of 1968, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10101
et seq.
E.
Revision and amendment. The borough governing body
may, from time to time, amend this chapter by appropriate action taken
after a public hearing on said proposed revisions. Public notice shall
be given of the date, time and place of such public hearings, together
with a brief summary setting forth the principal provisions of such
amendments and indicating the place and time where copies of the proposed
amendments may be examined. In the case of an amendment other than
that prepared by the Planning Commission, the borough governing body
shall submit each such amendment to the Commission for recommendations
at least 30 days prior to the date fixed for the public hearing on
such amendment.
Any person, partnership or 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 purposes or for the common use of occupants
of buildings abutting thereon or who 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 plan of
such subdivision or land development or otherwise, or erects any building
thereon, unless and until a final plan has been prepared in full compliance
with the provisions of this chapter and of the regulations adopted
hereunder and has been recorded as provided herein, shall be guilty
of a misdemeanor; and upon conviction thereof, such person or the
members of such partnership or the officers of such corporation or
the agent of any of them, responsible for such violation shall pay
a fine not exceeding $1,000 per lot or parcel or per dwelling within
each lot or parcel, and each day shall be considered a separate offense.
All fines collected for such violations shall be paid over to the
borough governing body. The description by metes and bounds in the
instrument of transfer or other document used in the process of selling
or transferring shall not exempt the seller or transferor from such
penalties or from the remedies herein provided.
