Amendments to the Subdivision and Land Development
Ordinance shall become effective only after a public hearing held
pursuant to public notice in the manner prescribed for enactment of
a subdivision and land development ordinance by the Pennsylvania Municipalities
Planning Code.
The decisions of the Coopersburg Borough Council with respect to the approval or disapproval of subdivision or land development plans may be appealed directly to court in the same manner and within the same time limitations as is provided for zoning appeals in Article X of the Pennsylvania Municipalities Planning Code.
Violations and penalties. For any and every
violation of the provisions of this chapter, the owner, agent, architect,
contractor, engineer, or other person who commits a violation shall
be liable on conviction to pay a fine or penalty not to exceed $500
per day per violation and all court costs and Borough legal expenses,
which shall be paid to the Borough of Coopersburg.
A.
Such fines and penalties may be collected by suit
or summary proceedings brought in the name of Lehigh County before
any Magistrate.
B.
Whenever any such person specified above shall have
been notified by the Coopersburg Borough Solicitor, in writing, that
there is a violation of this chapter, such person shall commence correction
of all violations within five days after notice and correct all violations
within 30 days of notice. If corrections are not commenced within
five days or completed within 30 days, each day that a violation continues
shall be considered a separate offense punishable by the like fine.
A.
Should any action or provisions of this chapter be
declared by the courts to be invalid, such decision shall not affect
the validity of the Ordinance as a whole, nor the validity of any
other section or provision of the Ordinance than the one so declared.
B.
Whenever there is a conflict between minimum standards
or requirements set forth in this chapter and those contained in other
municipal ordinances and regulations, or other applicable laws and
regulations, the most stringent standard or requirement shall apply.
A.
The Borough Council shall set, by resolution, a schedule
of fees to be paid by the developer at the time of filing of the feasibility,
preliminary and final plans.
B.
The applicant shall pay the subdivision fees charged
according to the adopted fee schedule. At the time of the submission,
the applicant shall deposit the amount of money specified by the fee
schedule with the Borough Manager. No application will be accepted
for consideration unless accompanied by the required deposit. Charges
and expenses will be withdrawn from the account as they are incurred
by the Borough. If the charges and expenses attributable to the application
exceed the amount deposited, the applicant shall be notified so that
additional funds as are necessary to meet the charges and expenses
are deposited with the Borough Manager. No plan shall be approved
unless all fees are paid in full. Any amounts which were deposited
in excess of the charges and expenses recorded shall be returned to
the applicant following complete staff action on the proposal.
The Coopersburg Subdivision and Land Development
Ord. No. 190, and all amendments thereto, are hereby repealed. This
chapter does not repeal other laws or ordinances except those specifically
repealed by this chapter.
The Coopersburg Borough Council and staff may
grant a modification to the requirements of one or more provisions
of this chapter if the literal enforcement will exact undue hardship
because of peculiar conditions pertaining to the land in question,
provided that such modification will not be contrary to the public
interest and that the purpose and intent of this chapter is met. All
requests for modifications shall be in writing and shall accompany
and be a part of the application for development. The requests shall
state, in full, the grounds and facts of unreasonableness or hardship
on which the request is based, the provision or provisions of the
ordinance involved and the minimum modification necessary.
This chapter shall become effective immediately
upon approval by Borough Council.
Whereas the exact occurrence of sinkholes is
not predictable, the administration of these regulations shall create
no liability on behalf of Coopersburg Borough as to damages which
may be associated with sinkhole formation. That is, compliance with
these regulations represents no warranty, finding, guarantee, or assurance
that sinkholes will not occur on an approved property. Coopersburg
Borough, consultants and employees assume no liability for any financial
or other damages which may result from sinkhole activity.
Upon presentation of proper credentials, duly
authorized representatives of the municipality or its agents may enter
at reasonable times upon any property to investigate or ascertain
the condition of the subject property in regard to any aspect regulated
by this chapter.
