Borough of Honesdale, PA Article I General Provisions

§ 183-1 Title.

This is an ordinance providing for the regulation of subdivision and land developments within the Borough of Honesdale, Wayne County, Pennsylvania. It may be cited as the "Honesdale Borough Subdivision and Land Development Ordinance."

§ 183-2 Statutory authority.

This chapter is adopted under the authority provided Honesdale Borough by the Pennsylvania Municipalities Planning Code, Act 247 of 1968, as amended.[1]

[1] Editor's Note: See 53 P.S. § 10101 et seq.

§ 183-3 Purposes.

This chapter is adopted for the following purposes:

A. Promoting the orderly growth and development of the borough in accordance with the Honesdale Borough Wastewater Facilities.

B. Providing for the health, safety and welfare of borough residents and preservation of the environment.

C. Minimizing foreseeable maintenance and improvement of problems as well as economic burdens associated with development of land.

§ 183-4 Jurisdiction.

This chapter shall apply to all subdivisions of land and land developments made on or after the effective date of this chapter and not yet recorded, including mobile home parks and recreational land developments.

§ 183-5 Interpretation, conflict and severability.

A. Interpretation. The provisions of these regulations in their interpretation and application shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.

B. Conflict. These regulations are not intended to interfere with, abrogate or annul any other ordinance, rule or regulation, statute or provision of law. Where any of the provisions of these regulations impose restrictions different than any other ordinance, rule or regulation or other provision of law, whichever provisions are more restrictive or impose higher standards shall control, unless clearly specified otherwise. This chapter shall entirely repeal the Honesdale Borough Ordinance entitled "Honesdale Borough Subdivision Regulations," which was adopted August 8, 1983.

C. Severability. If any part or provision of these regulations is judged invalid by any court of competent jurisdiction, such judgment shall be confined in application to the part or provision directly on which judgment shall have been rendered and shall not affect or impair the validity of the remainder of these regulations or the application thereof to other persons or circumstances. The borough hereby declares that it would have enacted the remainder of these regulations even without such part or provision or application.

§ 183-6 Modifications.

A. The Borough Council shall have the power to grant a modification of the requirements of one or more provisions of this chapter if the literal enforcement will cause 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 observed.

B. All requests for modifications shall be in writing and shall be submitted by the applicant as part of the development application and shall include:

(1) The specific provisions(s) and/or section(s) of this chapter in question.

(2) The minimum modification necessary.

(3) Justification for the modification, including the full grounds and facts of unreasonableness or hardship.

C. In authorizing a modification, the Council may impose such conditions as will, in its judgment, secure substantially the objectives of the standards and requirements of this chapter.

D. The Borough Planning Commission may provide recommendations concerning modification requests.

E. The Council shall keep a written record of all action on all requests for modifications. If the Council denies the request, the applicant shall be notified, in writing, of the reasons for denial. If the modification is granted, the final plan shall include a note which identifies the modification as granted.

§ 183-7 Appeals.

In any case when the Borough Council disapproves a subdivision plan, any person aggrieved thereby may appeal the decision pursuant to the Pennsylvania Municipalities Planning Code.[1]

[1] Editor's Note: See 53 P.S. § 10101 et seq.

§ 183-8 Preventive remedies.

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 subdivision of real property in violation with 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 granting of an approval to any such owner, current owner, vendee or lessee for development of any such real property, the borough may require compliance with conditions that would have been applicable to the property at the time the applicant acquired an interest in such real property.

§ 183-9 Enforcement remedies.

A. District Justices shall have initial jurisdiction in proceedings brought under this chapter.

B. Any person, partnership or corporation who or which violated the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by a municipality, pay a judgment of not more than $500, plus all court costs, including reasonable attorney 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 District Justice. 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 District Justice determining that there has been a violation further determines that there was a good faith basis for the person, partnership or corporation violating this chapter 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 violation by the District Justice, and thereafter each day that a violation continues shall constitute a separate violation.

C. 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.

D. Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the municipality the right to commence any action for enforcement pursuant to this section.

§ 183-10 Amendments.

The Council may, after public hearing, amend these regulations pursuant to the Pennsylvania Municipalities Planning Code.[1] These regulations shall also be considered amended whenever any provision of the aforementioned Code is itself amended to require or authorize actions different from those specified herein.

[1] Editor's Note: See 53 P.S. § 10101 et seq.

§ 183-11 Municipal liability.

The approval of a subdivision and/or land development plat, or of any improvement installed, shall not constitute a representation, guaranty or warranty of any nature by the municipality, or any official, employee or appointee thereof, of the safety of any land, improvement, property or use from any cause whatsoever and shall create no liability upon or a cause of action against the municipality or such official, employee or appointee for any damage that may result pursuant thereto.