Borough of Muncy, PA
Lycoming County
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Table of Contents
Table of Contents
[Amended 11-5-1991 by Ord. No. 422]
A. 
Within three years after approval of the preliminary plan, the subdivider must submit a final plan covering at least 25% of the land area of the preliminary plan. If the subdivider does not submit a final plan within the three-year period, the approval of the preliminary plan may be voided and the plan resubmitted as a preliminary plan. The subdivider shall submit eight copies of the final plan and one copy of required data at least 15 days prior to a regular meeting of the Planning Commission.
B. 
The Borough Secretary-Treasurer shall immediately send one copy of the plan to the Borough Planning Commission, five copies to the County Planning Commission, one copy to the Pennsylvania Department of Transportation District Office, if the subdivision will enter any existing or proposed state highway, and one copy to the Borough Engineer.
C. 
The County Planning Commission will review and retain one copy for its records. Four reviewed and stamped copies will be returned to the Borough Planning Commission.
D. 
The applicant will retain two copies and submit one copy to the County Recorder of Deeds per § 241-17.
The Planning Commission may permit submission of the final plan in sections, each covering a portion of the proposed subdivision as shown on the preliminary plan.
The final plan shall conform in all important respects with the approved preliminary plans. Otherwise, the plan submitted shall be considered as a revised preliminary plan.
No final plan shall be approved unless the subdivider shall have installed all improvements required in Article VIII of this chapter, or filed with the Borough Secretary-Treasurer a performance guarantee to ensure installation and construction of all required improvements at the standards required.
[Amended 11-5-1991 by Ord. No. 422]
The final plan shall be accompanied by a fee, as established by resolution of Borough Council, for each lot.
[Added 11-5-1991 by Ord. No. 422]
A. 
Review fees shall include the reasonable and necessary charges by the Borough's professional consultants or engineer for review and report to the Borough of Muncy, and shall be set by resolution. Such review fees shall be reasonable and in accordance with the ordinary and customary charges by the Borough Engineer or consultant for similar service in the community, but in no event shall the fees exceed the rate or cost charged by the engineer or consultant to the Borough when fees are not reimbursed or otherwise imposed on applicants.
B. 
In the event the applicant disputes the amount of any such review fees, the applicant shall, within 10 days of the billing date, notify the Borough that such fees are disputed, in which case the Borough shall not delay or disapprove a subdivision or land development application due to the applicant's request over disputed fees.
C. 
In the event that the Borough and the applicant cannot agree on the amount of review fees which are reasonable and necessary, then the fees shall be recalculated and recertified by another professional engineer licensed as such in this commonwealth and chosen mutually by the Borough of Muncy and the applicant or developer. The estimate certified by the third engineer shall be presumed fair and reasonable and shall be the final estimate. In the event that a third engineer is so chosen, fees for the services of said engineer shall be paid equally by the Borough and the applicant or developer.
Within 90 days from the submission of a final plan, the Planning Commission shall act on the plan and notify the subdivider of their action in writing. The plan shall be considered as approved if there is no action within the ninety-day period. A final plan may be disapproved if the subdivider refuses to furnish information or documents as required pursuant to these regulations, or to comply with improvements required to be installed.
[Amended 11-5-1991 by Ord. No. 422]
A. 
Upon the approval of a final plan, the developer shall, within 90 days of such final approval, record such plan in the office of the Recorder of Deeds of the county in which the Borough is located. The Recorder of Deeds shall not accept any plan for recording unless such plan officially notes the approval of the Borough Planning Commission and review by the County Planning Commission.
B. 
The recording of the plan shall not constitute grounds for assessment increases until such time as lots are sold or improvements are installed on the land included within the subject plan.
[Added 11-5-1991 by Ord. No. 422]
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. 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.
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.
[Amended 11-5-1991 by Ord. No. 422]
A. 
Any person, partnership or corporation who or which has violated the provisions of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough of Muncy, pay a judgment of not more than $500 plus all court costs, including reasonable attorney fees incurred by the Borough of Muncy as a result thereof. No judgment shall commence or be imposed, levied or 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 of Muncy 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.
B. 
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.
C. 
Nothing contained in this section shall be construed or interpreted to grant to any person or entity other than the Borough of Muncy the right to commence any action for enforcement pursuant to this section.
D. 
Magisterial District Judges shall have initial jurisdiction in proceedings brought under this section.
[Amended 11-5-1991 by Ord. No. 422]
The decisions of the Planning Commission with respect to the approval or disapproval of plans may be appealed to Borough Council, and the decision of Borough Council may be appealed to court in the manner provided in § 106 of Act 247, the Pennsylvania Municipalities Planning Code, as amended.[1]
[1]
Editor's Note: See 53 P.S. § 10106.