[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.
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.
