Inspection revealing noncompliance with plans submitted under the provisions of this chapter, including conservation plan measures for erosion and sedimentation control, shall be sufficient grounds for withdrawal of building permits by the borough until correction thereof, or other penalties or remedies, including injunctive relief, as may be provided by law.
A. 
The borough shall assign a subdivision application number to all subdivision and land development applications and all matters referring to an application should be filed in accordance with the subdivision case number. The borough shall keep a record of its findings, decisions and recommendations relative to all plans filed with it for review.
B. 
All such records shall be public records.
A. 
No application for preliminary or final approval shall be deemed to have been submitted until the fee and escrow deposit, as set forth below, shall have been paid.
B. 
A subdivision or land development application fee (nonrefundable) and an escrow deposit shall be submitted with any application for preliminary or final plan approval to cover the costs of plan review and processing. Amounts of the application fee and escrow deposit shall be fixed by the Borough Council by resolution. The escrowed funds shall be used to reimburse the borough for actual expenditures incident to these processes, including but not limited to fees of the Borough Engineer and legal fees in excess of the fee for review of the borough's standard forms. Any costs incurred by the borough in excess of the amount held in escrow shall be fully reimbursed by the applicant prior to the issuance of any permits. Any unexpended balance in the escrow deposit shall become part of the second deposit required in Subsection C.
C. 
Following final plan approval and recording and the establishment of any required performance guaranty, a second escrow deposit shall be established to cover the cost of inspections of improvements construction; materials or site testing; or maintenance costs prior to the acceptance of improvements by the borough. Any costs incurred by the borough in excess of the amount held in escrow shall be fully reimbursed by the applicant. Any unexpended balance in the escrow deposit following acceptance of dedication of improvements by the borough shall be returned to the applicant. The amount of the escrow deposit shall be fixed by the Borough Council by resolution.
D. 
The Borough Council reserves the right by resolution to adjust fees and assessments from time to time.
A. 
In any case in which an applicant demonstrates to the satisfaction of the Council that strict application of any provisions of this chapter would be unreasonable and would cause unnecessary hardship as applied to the proposed subdivision or land development, the Council may grant a modification necessary to grant relief from the unnecessary hardship and shall be applied so that substantial justice may be done and the public interest secured; provided, however, that such modification shall not be granted if it would have the effect of nullifying the intent and purpose of this chapter.
B. 
In granting modifications, the Borough Council may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements so modified.
[Amended 5-13-1992 by Ord. No. 442]
A. 
Prohibited activities. No person, partnership, firm, corporation or entity may perform any of the following unless and until a final plat has been prepared in full compliance with the provisions of this chapter and has been recorded as provided herein:
(1) 
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.
(2) 
Sell or offer to sell, transfer or agree to enter 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 of land development or otherwise.
(3) 
Erect, alter or repair any building or structures upon land in a subdivision or land development.
B. 
Enforcement remedies.
(1) 
the Borough Council or its authorized representatives may, in addition to other remedies, institute in the name of the borough any and all appropriate civil, equitable or administrative actions or proceedings to prevent, restrain, correct or abate any person, partnership, firm, corporation or entity who either:
(a) 
Performs any of the prohibited activities contained within Subsection A above;
(b) 
Fails to fully and completely comply with any final subdivision or land development plan which has been approved in accord with the provisions of this chapter and/or has been recorded; or
(c) 
Who otherwise violates any provisions of this chapter.
(2) 
Any person, partnership, firm, corporation or entity who or which has violated any provisions of this chapter or who has engaged in any prohibited activities as defined in Subsection A above or who fails to fully and completely comply with the improvements and provisions contained within an approved subdivision or land development plan shall be subject to a civil or enforcement proceeding commenced by the borough which, upon being found liable for the same, shall pay a judgment of not more than $500 or the maximum civil penalty permitted by Section 515.3 of the Municipalities Planning Code,[1] whichever is greater, in addition to all court costs, expenses and attorney's fees incurred by the borough as a result of said civil enforcement proceeding.
[1]
Editor's Note: See 53 P.S. § 10515.3.
(3) 
Any action or proceeding initiated pursuant to Subsection B(1) or (2) above shall be commenced before the appropriate District Justice having jurisdiction and venue upon the subdivision or land development in question.
(4) 
If the defendant in any action commenced pursuant to Subsection B(1) or (2) above neither pays nor timely appeals the judgment, the borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure.
(5) 
Each day that a violation continues shall constitute a separate violation.
(6) 
All judgments, costs, expenses and attorney's fees imposed as a result of any proceedings commenced pursuant to Subsection B(1) or (2) above shall be paid to the borough.
(7) 
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 enforcement remedies provided herein.
C. 
Enforcement penalties.
(1) 
No person, partnership, firm, corporation or entity who or which owns, manages or is the agent of any owner of any lot, tract or parcel of land which is subject to this chapter and who violates any provision of this chapter, including engaging in a prohibited activity as set forth within Subsection A above, or who fails to comply with the completion of improvements contained within a subdivision or land development plan once the same has been approved in compliance with the provisions of this chapter shall, upon conviction, be guilty of a summary offense punishable by a fine not to exceed $1,000 and/or a term of incarceration not to exceed 30 days, in addition to all court costs, expenses and attorney's fees incurred by the borough.
(2) 
Each day that a violation continues shall constitute a separate offense.
(3) 
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 enforcement remedies provided herein.
Appeals from the actions of the Borough Council with respect to any application for subdivision or land development approval shall be governed by the provisions of Act 247[1] as they may be amended from time to time, or any successor legislation thereto.
[1]
Editor's Note: See 53 P.S. § 10101 et seq.
A. 
Power to amend. The regulations set forth in this chapter may from time to time be amended by the Borough Council.
B. 
Procedure. The following requirements shall be observed prior to making any amendment to this chapter:
(1) 
Proposed amendments must be submitted to the Planning Commission for its findings before any further public action is taken.
(2) 
The findings of the Planning Commission shall be submitted to the Borough Council in a written report. Failure to submit such report within 60 days shall constitute an approval.
(3) 
Upon receipt of the report of the Planning Commission, a public hearing on the proposed amendment shall be held, at which time the parties in interest and citizens shall have an opportunity to be heard. At least 15 days' notice of any such public hearing shall be published in a newspaper of general circulation in the borough.
These provisions shall be considered the minimum requirements for the protection of the public welfare, and the borough reserves the right to modify or to extend them as may be necessary in the public interest. When the application is not approved in terms as filed, the decision shall specify the defects found in the application and describe the requirements which have not been met and shall, in each case, cite to the provisions of the statute or chapter relied upon.
Any subdivider aggrieved by a finding, decision or recommendation of the Borough Council may request and receive opportunity to appear before the Borough Council, present additional relevant information and request reconsideration of the original finding, decision or recommendation, upon written request within 30 days of notification of the Council's decision.
Nothing herein contained shall be interpreted to permit any waiver of any of the requirements of the Aldan Borough Building Code or the Aldan Borough Zoning Ordinance, as each may have been amended or will from time to time be amended.[1]
[1]
Editor's Note: See Ch. 85, Building Construction, or Ch. 256, Zoning, respectively.