This article outlines the procedures for enforcement and amendment
of this chapter, as well as procedures for challenges and appeals
of decisions rendered under this chapter.
A.
Amendments to this chapter 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 in the most
recent version of the MPC.
B.
In the case of an amendment other than that prepared by the Borough
Planning Commission, the Borough Council shall submit each amendment
to the Borough and County Planning Commissions for recommendations
at least 30 days prior to the date of the public hearing on such proposed
amendment.
A.
The provisions of this chapter are intended as minimum standards
for the protection of the public health, safety and welfare. The Borough
Council may modify any mandatory provision of these regulations to
the benefit of the applicant, provided the majority of the members
of a quorum of the Borough Council present at a scheduled public meeting
determines that the waiver:
(1)
Will remove or reduce an unreasonable standard, or undue hardship,
as it applies to the particular property, which is grossly disproportionate
to any benefit derived from the standard, or when an alternative standard
provides equal or better results.
(2)
Provides reasonable utilization of the property while securing the
public interest.
B.
All waivers shall be processed in accordance with the waiver provision described in § 318-12 of this chapter. It shall be the burden of the applicant to demonstrate compliance with the above conditions.
C.
In granting waivers, the Borough Council may impose such conditions
as will, in its judgment, secure substantially the objectives of this
chapter.
D.
The granting of a waiver shall not have the effect of making null
and void the intent and purpose of this chapter.
The decision of the Borough Council may be appealed, as provided
for in the most recent version of the MPC.
The Borough may impose fees and charges to recover all costs
incurred in the administration of this chapter. All fees and charges
shall be adopted by resolution or ordinance. These fees shall include,
but not be limited to, an application fee; fees for the review of
the plans, studies, financial security and associated documentation
by the Borough Engineer, Borough Solicitor or other professional consultant;
fees for the inspection of improvements installed in connection with
development authorized by a plan; and fees for the acceptance of dedication
of improvements.
Any person, partnership or corporation, or the members of such partnership or the officers of such 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 and/or dedicate any street, sanitary sewer, storm sewer, water main or other improvement for public use, travel or other purposes or for the common use of occupants of buildings abutting thereon, or sell, transfer or agree or enter into an agreement to sell or transfer any land in a subdivision or land development, whether by reference to or by use of a plan of such subdivision or land development or otherwise, or erect any building or buildings which constitute a land development thereon, or commence site grading or construction of improvements prior to recording of a final plan, unless such grading or construction is for the sole purpose of installing improvements as prescribed in § 318-20 herein unless and until a final plan has been prepared in full compliance with the provisions of this chapter and has been recorded as provided herein, or who or which in any other way is in violation of or violates any of the provisions of this chapter, shall be subject to the penalties and remedies set forth in § 318-51 herein.
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 a subdivision of real property
in violation of this chapter. The authority to deny such a permit
or approval shall apply to any of the following:
(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.
C.
As an additional condition for issuance of a permit or the granting
of 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.
D.
Jurisdiction. Magisterial District Judges shall have initial jurisdiction
in proceedings brought under this chapter.
E.
Enforcement remedies. Any person, partnership or corporation who
or which has violated the provisions of this chapter, upon being found
liable therefor in a civil enforcement proceeding commenced by the
Borough must 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 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 municipality 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 the ordinance 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. 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. 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.
F.
No person shall proceed with any site grading or construction of improvements prior to recordation of a final plan, unless such grading or construction is for the sole purpose of installing the public improvements as prescribed in § 318-11D, Compliance with conditions of approval.
G.
No deeds shall be executed or recorded for lots, nor shall the construction
of any structure be initiated, before the Borough Council has approved
the final plan and such plan is recorded with the office of the Lebanon
County Recorder of Deeds.
The Borough shall keep an accurate, public record of its findings,
decisions, and recommendations relevant to all applications filed
with it for review or approval.
Should any section, subsection or provision of this chapter
be declared by a court of competent jurisdiction to be invalid, such
decisions shall not affect the validity of this chapter as a whole,
or of any other part thereof.
If a discrepancy exists between any regulations contained within
this chapter, that regulation which imposes the greater restriction
shall apply.
The Lebanon County Subdivision and Land Development Ordinance,
enacted in 1989, and as subsequently amended, is hereby repealed in
total; provided, however, that this repeal shall in no manner be construed
as a waiver, release or relinquishment of or in equity pertaining
to any act done which would have constituted a violation of the Lebanon
County Subdivision and Land Development Ordinance of 1989, as amended.
All provisions of the Lebanon County Subdivision and Land Development
Ordinance of 1989, as amended, shall remain in full force and effect,
and are not repealed hereby, as they pertain to such acts and to the
processing of such plans filed prior to the effective date of this
chapter which are protected from the effect of intervening ordinances
by Section 508(4) of the most recent version of the MPC.[1]
[1]
Editor's Note: See 53 P.S. § 10508(4).
An approval issued in violation of the provisions of this chapter
is void without the necessity of any proceedings for revocation. Any
work undertaken pursuant to such an approval is unlawful. No action
may be taken by a board, agency, or employee of the Borough purporting
to validate such a violation.
This chapter shall take effect and be in force from and after
its approval as provided by law.
