The Borough Council shall establish by resolution a Schedule of Fees for the review of plans by the Borough Solicitor, Borough Engineer, and Borough Municipal Departments to be paid by the applicant. The Schedule of Fees shall be obtainable from the Borough Secretary. No final plan or sketch plan of record shall be released for recording unless all fees have been paid in full.
A. 
The Borough Council, after receiving a written request for a modification and written grounds for the modification, and after receiving the recommendation of the Planning Commission by written resolution, shall have the power to grant modifications to the specific requirements of this chapter, where the applicant proves to the satisfaction of the Borough Council that, owing to special conditions, a modification is needed to:
(1) 
Avoid an undue hardship that would result because of the peculiar and uncommon conditions pertaining to the land in question and that such hardship was not self-created;
(2) 
Avoid the imposition of a clearly unreasonable requirement that would not serve any valid public purpose; or
(3) 
Allow an alternative standard that is clearly proven to provide equal or better results.
B. 
A modification of provisions of this chapter shall not be granted if such modification would be contrary to the public interest or would not observe the purpose and intent of this chapter.
C. 
No changes, erasures, modifications or revisions shall be made in any plan of a subdivision or land development after the plan has been endorsed by the Borough Council unless the plan is first resubmitted to and approved by the Council in accordance with the provisions of this chapter.
A. 
Any person desiring to challenge the validity of any provision of this chapter or any amendment thereof shall make such challenge as prescribed by law.
B. 
Any person aggrieved by action of the Borough Council may appeal the action as prescribed by law.
A. 
Preventive remedies.
(1) 
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 lot. 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.
(2) 
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 this chapter. This authority to deny such a permit or approval shall apply to any of the following applicants:
(a) 
The owner of record at the time of such violation.
(b) 
The vendee or lessee of the owner of record at the time of such violation without regard as to whether such a vendee or lessee had actual or constructive knowledge of the violation.
(c) 
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.
(d) 
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.
(3) 
As an additional condition for issuance of a permit or the granting or 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.
B. 
Enforcement remedies.
(1) 
Any person, partnership or corporation who or which has violated the provisions of this chapter shall, upon being found liable therefore in a civil enforcement proceeding commenced by the Borough, pay a judgment as provided for in the Pennsylvania Municipalities Planning Code 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 be payable until the date of the determination of a 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 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 a violation by the Magisterial District Judge and thereafter each day that a violation continues shall constitute a separate violation.
(2) 
The Court of Common Pleas, upon petition, may grant an order to stay, upon cause shown, tolling the per diem judgment pending a final adjudication of the violation and judgment.
(3) 
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.
The applicant shall be responsible for observing the procedures established in this chapter and for submitting all plans and documents as may be required.
A. 
Whenever there is a difference between the minimum standards specified herein and those included in other Borough regulations, the more stringent requirements shall apply.
B. 
All existing ordinances or parts of ordinances which are contrary to the provisions of this chapter are hereby repealed to the extent necessary to give this chapter full force and effect, except as noted in Subsection A of this section or elsewhere in this chapter; provided, however, that the provisions of this chapter shall not affect any suit or prosecution pending or to be instituted to enforce any provision of such repealed ordinance or to punish any offense against any such repealed ordinance committed prior to the effective date of this chapter.
The Borough Council may amend this chapter. Any amendments shall be made in accordance with the procedures established by law.
This chapter shall not affect any act done or any offense committed prior to its effective date nor affect any action to enforce any prior ordinance or to punish any offense against a prior ordinance.